Oireachtas Joint and Select Committees

Tuesday, 3 December 2013

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government

Local Government Bill 2013: Committee Stage

12:40 pm

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
Link to this: Individually | In context | Oireachtas source

I move amendment No. 30:


In page 29, to delete lines 6 to 15 and substitute the following:“(a) paragraphs 1, 3, 4, 5 and 6 (other than in respect of a joint body) of Schedule 14 and Part 1 of Schedule 14A shall be performed by each municipal district council within the administrative area of the council concerned,
(b) paragraph 7 of Schedule 14 and Part 2 of Schedule 14A, shall be performed by each municipal district council within the administrative area of the council concerned unless the members of the municipal district council by resolution decide, in their absolute discretion, to cede performance of all such functions or any function therein to the local authority,
(c) where a municipal district council decides by resolution and in accordance with paragraph (b) to cede a function or functions to the local authority, the council shall forthwith notify the elected members and the chief executive of the local authority, and
(d) a local authority shall assume performance of a function referred to in paragraph (b) immediately upon receipt of a notification in accordance with paragraph (c).”.
Essentially, the intention here is to expand the reserved functions of the municipal district council by adding many of the competencies listed in Schedule 14, which I believe to be aligned with the county council. The amendment seeks to give discretion to cede powers solely to the members of the municipal district council. This reverts to the point members were discussing earlier. Is it the case that the county council will pretty much determine what the municipal district council will do, or will the latter have significantly more power to have control over its own affairs? If people will not be travelling from one side to the other of a large county such as Cork but will deal with matters that primarily have importance to their own particular area, then they must have the power and a sufficient range of functions to so do. The intention of the amendment is to provide certainty at district council level.