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

3:35 pm

Photo of Phil HoganPhil Hogan (Carlow-Kilkenny, Fine Gael)
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I move amendment No. 115:


In page 90, between lines 10 and 11, to insert the following:"(xii) the designation of the assembly to be the successor of one or more than one regional authority, including in respect of part of the administrative area of a regional authority, established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1993 (S.I. No. 394 of 1993), on the dissolution of such authority or authorities and the transfer to such assembly—
(I) of the assets and liabilities of such authority or authorities, or
(II) in so far as the designation relates to part of the administrative area of a regional authority, of specified assets or liabilities of such authority or of a specified portion of any of those assets and liabilities,
and any land to which the order relates shall, on the date specified in the order in relation to that land, vest in such assembly without any further conveyance, transfer or assignment,".
In accordance with section 43 of the Local Government Act 1991, eight regional authorities and two regional assemblies have been established by ministerial order. These amendments relate to section 57 of the Bill under which the enabling provision in section 43 of the 1991 Act is being substituted in its entirety. A number of amendments are required to the substitution proposed in the published Bill.

Amendment No. 115 provides that the Minister, in making an establishment order determining the new regional assemblies, may provide for consequential matters such as the transfer of functions, assets and liabilities. This is achieved by the insertion of an additional sub-paragraph (xii) to section 43(4)(b) of the Local Government Act 1991 to provide specifically that an establishment order can provide for the designation of regional assemblies to be "successors" to regional authorities. Amendment No. 116 is consequential on amendment No. 115.

Amendment No. 117 inserts a new paragraph (c) in subsection (4) of section 43 and provides detail on the type of matters the Minister may provide for in the establishment order. Amendments Nos. 118 and 119 provide for some minor changes to section 57(2) in the interests of achieving greater clarity and for a textual change to subsection (13) of section 43 of the 1991 Act, amending the term "the establishment order" to "an establishment order" for consistency with references in earlier subsections.