Phil Hogan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

Seanad amendment No. 12 is to be taken with Seanad amendments Nos. 13 and 95. These amendments deal with the issue of the ordinary day of retirement from outgoing elected members following the 2014 local elections in the context of the dissolution of the old and establishment of the new structures at county and sub-county levels. These are important technical amendments to the Bill to allow for the smooth transition to the new regime following the 2014 local elections.

Seanad amendment No. 13 inserts a new subsection (3) in section 28 of the Bill, which provides in paragraph (a)(i) that in the case of all local authorities, including those to be amalgamated in Limerick, Tipperary and Waterford, the ordinary day of retirement will be linked with the 2014 establishment day for the new merged authorities. This will allow for the synchronisation of the date for the retirement of outgoing members, the date on which persons elected in 2014 come into office and the 2014 establishment day, which I anticipate will be 1 June 2014. Paragraph (a)(ii) of the new subsection ties in the provisions of paragraph (a)(i) in a situation where a poll is countermanded or adjourned. In such circumstances, the ordinary day of retirement will be the seventh day after the poll is completed or the fresh poll is held, or the 2014 establishment day, whichever is the later.

Subsection 3(b) provides that the date of retirement for members of town councils will be the transfer date, or the date on which the town council will be dissolved, to be determined by the Minister by order under a new section 24(1), to be inserted by amendment No. 12. Section 24(1) of the Bill empowers the Minister to make an order specifying a date to be the transfer date for the purposes of the dissolution of town councils, and the date from which relevant county or city and county authorities will become the successors to these town councils. Again, I anticipate this date will be 1 June 2014.

Seanad amendment No. 95 is consequential on the insertion of a new section 24(1) of the Bill and the proposed addition to section 17(1) of the Local Government Act 2001 originally provided for in Schedule 1 will no longer be required if the amendment for section 24(1) is accepted.

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