Phil Hogan (Carlow-Kilkenny, Fine Gael)
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The functions that may be performed by elected members at the various levels of governance are carefully set out in the Bill. Section 21 of the Bill will insert a new section 131A and a new Schedule 14A in the 2001 Act. Provision is made for certain reserved functions of a local authority to be performed in respect of each municipal district by the municipal district members concerned and others to be performed by either the municipal district members or by the overall local authority membership. However, there is nothing to prevent a local authority membership from devolving greater responsibility to the municipal district in addition to those functions listed in the Bill. Moreover, I note such municipal functions have been listed for the first time. The reserved functions listed in Part 3 of Schedule 14A can only be performed by members of the local authority sitting in plenary formation. These are functions relevant to the county as a whole. However, this brings clarity and visibility to the powers of elected members for the first time, as well as eliminating the duplication of work between the town and county councils. Councillors will now have a clear understanding of both their powers and their responsibilities. I also point out the allocation of functions that is set out in the Bill was decided almost entirely on the basis of the recommendations of the local authority members associations' working group, which gave valuable advice to the Department and its officials. I therefore am reluctant, because of the checks and balances and the debates between the Association of County and City Councils, ACCC, and the Association of Municipal Authorities of Ireland, AMAI, to depart from this suite of functions. However, there is nothing to stop the local authority, in plenary session, from deciding on the provision of additional functions to the municipal district level at a reserved level.

On amendment No. 31, I am happy to give consideration to the suggestion in amendment No. 31 and to a possible change. The word "consent" is highly prescriptive and with the wording, "A local authority may, by resolution and having received the prior consent", the question arises as to how one would change the consent were one to change one's mind subsequently. While it is somewhat prescriptive, I am prepared to consider amendment No. 31 before Report Stage to ascertain whether it is possible to capture the spirit of what Deputy Murphy wishes to do and to give additional certainty to the municipal district functions.