Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

The amendments relate to the assignment of staff to the office of mayor and delegation of functions. Amendment No. 13 proposes that the reference to the director general in section 18 be replaced by reference to the mayor, enabling the mayor to assign staff from the council to the mayoral office.

Amendment No. 95 proposes the modification of section 154 of the 2001 Act, which deals with the delegation of functions within the local authority. The effect of this would place a requirement on the director general that when delegating, he or she will consult the mayor to ensure each delegated function is appropriately staffed to advance the priorities and objectives of the mayoral programme.

A fundamental tenet of the legislation, as set out in the Government’s policy proposals and the plebiscite that was put to the people and as recommended by the independent advisory group, is that the director general will have responsibility for the day-to-day operation of the local authority and specifically for staffing matters, including the assignment of staff on the council. I am conscious of that in the context of the existing staff on the council, who need certainty as well.

The mayor may select and appoint a special adviser with relevant expertise and experience in line with the provisions of section 19. In practice, not unlike a Minister's relationship with his or her Secretary General, the director general will consult the mayor in respect of the assignment of support staff to the office of mayor and ensure the staff complements are in place to advance the key priorities and objectives. These are, however, the director general's functions.

In a practical context, since I became Minister of State at the Department, there have been changes of staff and I have always been involved in their interviews. There has to be that practical aspect. The mayor will have absolute autonomy in appointing his or her special adviser, and that has been agreed in respect of funding and so forth with the Department of Public Expenditure, National Development Plan Delivery and Reform in terms of the level that will be paid. As for the other four staff, it is important there be a synergy between the mayor, the appointed staff and the existing staff in terms of expertise. In a practical way, it was indicated in all cases that the responsibility for the assignment of staff would remain with the director general, for a number of reasons. Any staff members in the mayor’s office who are there in the normal way will involve the mayor working with the director general for their appointment. In that context, we cannot accept the amendments.

I want to hear Deputies' views on that. On a practical level, the mayor will always be involved in the appointment of the four staff within the council but, ultimately, the director general will continue to have that executive function over staff. I am conscious of that in the context of the existing staff on the council. As Deputy Leddin noted, they are excellent staff and there is no way a mayor could function without bringing in that pool of talent. On that basis, we will not accept the amendments, but I want to hear Deputies' feedback on what I am proposing.