Dick Roche (Wicklow, Fianna Fail)

I had not noticed the use of the word "terminate" in the final sentence of the Deputy's submission. What is most interesting is that county boundaries were drawn in 1604 when the last county, Wicklow, was created. We have such a passionate interest in county boundaries. The Deputy was really winning up to the point where he pointed out that Kilkenny might lose some of its star hurlers. As a Wexford man, that tipped the argument for me. I understand the extraordinary passion that exists on this issue. Recently when in Limerick and Clare, I foolishly decided to be on a radio talk-in show to discuss a similar process occurring there. It is not a bad idea for Ministers to listen but in this case it was very much one-way traffic. One lady compared the process to Operation Barbarossa, suggesting bridges would be torn down to prevent this happening. I have a more anodyne response but I have listened to the points made by the Deputy. I agree that co-operative approaches resolve many problems.

Under Part V of the Local Government Act 1991 and associated regulations, a local authority may initiate a proposal for the alteration of its boundaries. A formal boundary alteration proposal must identify financial, organisational and other implications. It also involves invitation of public submissions and consultation with the other local authorities affected by the proposal, prior to submitting a formal application to the Department of the Environment, Heritage and Local Government. The initiative in the early stages lies, therefore, within the proposing authority.

While no boundary application from Waterford City Council is before the Department, I am aware a proposal for a boundary extension in accordance with Part V of the Local Government Act 1991 was agreed by Waterford City Council in July 2005. The proposal involves the inclusion of an area within the city boundary which is in County Kilkenny. Any subsequent boundary extension application would statutorily come before me and it would be inappropriate, therefore, at this juncture for me to comment on the proposal. However, I can outline the process to the House which will demonstrate that it will not take place for some time.

Under the current provisions, Waterford City Council has invited submissions from Kilkenny County Council and from the public. Kilkenny County Council is allowed up to six months to consider the proposal. During this time, Kilkenny County Council may make a formal statement of response adopted by the county council members to the proposal. Any such response would cover the financial, administrative and other implications the county council may wish to raise.Following consideration of the outcome of the public consultation process and KilkennyCounty Council's statement of response, Waterford City Council may decide to submit to me a formal application for a boundary alteration. As I have already stated, it has not yet done so. I am sure its members will read carefully the comments put on the record of this House by Deputy Hogan.

In the case of a disagreement, which I suspect exists, between the authorities concerned and before deciding on an application, there is a provision for the establishment of an independent boundary committee to examine all aspects of the proposal. Deputy Hogan knows me well enough to be familiar with my views as to who should make political decisions. However, that is the law. The committee may make such recommendations with respect to the boundary as it considers necessary in the interests of effective and convenient local government. Such a boundary committee must consult the local authorities concerned and where the proposal relates to a county or city boundary, must invite submissions from the public and may conduct an oral hearing if necessary.

On receipt of a boundary committee report — this is the position in law — the Minister may prepare a draft order altering the boundary and must have regard to the report in deciding whether to make the order. Significantly for this debate, any draft ministerial order to alter the boundary of any county or city would require a positive resolution by each House of the Oireachtas before coming into force. I can think of one or two other boundary issues that would cause some interesting and fractious debates in the House.

Therefore, the statutory process allows ample opportunity to hear and respond to the views of people affected by any proposed boundary alteration. The process is sufficiently robust and responsive to ensure an outcome that takes account of any such views. I note in particular and am inclined to underscore the comments about the necessity for people to sit down together. This should not be limited to discussing boundary change issues like this as other councils have issues where boundaries are contiguous and boundary changes are not proposed. A greater degree of co-operation would better serve the people in such administrations.

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