Phil Hogan (Carlow-Kilkenny, Fine Gael)
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I move amendment No. 27:

In page 28, lines 10 to 12, to delete all words from and including “for” in line 10 down to and including “2001” in line 12 and substitute the following:“ “section 23 (as amended by the Local Government Act 2013) of the Local Government Act 2001” for “section 24 of the Local Government Act, 1994”.

These amendments to sections 20 and 21 relate to the proposed legal provisions underpinning the new sub-county legal structures and in particular those relating to the determination of municipal districts in section 20 and the assignment of functions to those districts when established in section 21.

Amendment No. 27 substitutes a new subsection (3) in section 20 to provide for a slightly updated text although the intent of the amendment remains unchanged. As the orders for local electoral areas will in future be made under section 23 of the Local Government Act 2001, this is the appropriate reference to be included in section 32(2) of the Local Government Act 1991.

Amendments Nos. 28, 29 and 32, although relatively minor, deal with key provisions in the Bill setting out the legal position relating to the functions to be exercised by municipal district members under the new sub-county configuration. Amendment No. 28 is necessary to make clear in section 63 of the Principal Act that the performance of functions by municipal district members relates to the performance of reserve functions in respect of districts as provided for in the new section 131A of the Principal Act to be inserted by section 21(3).

Amendment No. 32 inserts a new section after section 131 of the Principal Act, which deals with the reserve functions of an elected council and provides a linking reference to the new Schedule 14A to be inserted by section 21(4). The new Schedule 14A sets out a standard set of reserve functions to be performed exclusively by municipal district members in Part 1(a) of Schedule 14A, by municipal district members or by the plenary council in Part 2 of Schedule 14A, and by the local authority alone in Part 3 of Schedule 14A.

The new Schedule 14A is significant as it is the first comprehensive listing, in a single Act, of the reserved functions of local authorities. Subsection (2) of the new section 131B makes clear that the validity of the local authority function specified is not called into question because it is not listed in the new Schedule. Amendment No. 29 is consequential on amendment No. 32.