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

The amendments proposed by Deputy Cian O'Callaghan relate to Part 7, which sets out the procedure applicable to any proposal to remove Limerick's directly elected mayor from office. Amendment No. 90 proposes an amendment to section 52 to reduce the number of councillors needed to sign a removal notice from two thirds to only half of the total number of elected members. It was originally proposed in the general scheme of the Bill that a removal notice would be signed by half of the total number. However, having regard to a recommendation of the Joint Committee on Housing, Local Government and Heritage's pre-legislative scrutiny report, it was considered reasonable to increase the requirement to two thirds. As a result, I consider it appropriate to retain the committee's recommendation.

Similarly, amendment No. 91 proposes an amendment to section 54 that would reduce the number of councillors required to pass a removal resolution from three quarters to two thirds of the total number of elected members. Again, it proposes a lesser requirement. This provision reflects what was in the general scheme as to the voting requirement at this stage in the process. The scrutiny report did not contain a specific recommendation to alter this requirement. I understood this to mean that the committee considered that the existing position was appropriate.

On a more general note, the removal of a democratically elected mayor is a serious consideration, a matter to which Deputy Quinlivan made reference. In that context, the Bill sets out provisions for a legal mechanism to do so through a robust and fair three-tier process. There are various conditions to be met in initiating the action and achieving the outcome of removing the mayor. In order to ensure the removal is the democratic will of the elected council, I consider the current requirement in the Bill, for a removal notice to be signed by two thirds of the members and a removal resolution to be passed by three quarters of the members to be fitting. Consequently, I am not minded to accept these amendments.