Dáil debates

Wednesday, 22 January 2014

Local Government Reform Bill 2013: From the Seanad (Resumed)

 

3:50 pm

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

Amendments Nos. 93 and 100 are related and provide for the deletion of section 230 of the Local Government Act 2001 and a consequential provision arising under the deletion. Under section 230 of the principal Act, the Minister is empowered to dissolve joint burial boards and cemetery joint committees and to transfer those responsibilities, including all land, other property, rights, moneys and liabilities to the county council in whose county the burial grounds are situated. Deputy Barry Cowen is familiar with one of the examples that might fall through the cracks but we will come back to it to see if we can solve it. In accordance with those powers, I recently signed a transfer order in respect of five joint burial boards and a joint cemetery committee, responsibility for which will transfer to the appropriate local authority on 1 June 2014. Following the transfer, the provisions of the 2001 Act will no longer be required, and the amendments provide for their deletion. Their repeal will be commenced following the coming into effect of the transfer.

I am advised that notwithstanding this provision, there will be a capacity for each local authority to continue a joint committee between, for example - in the case I am thinking of - Offaly and Tipperary. Deputy Noel Coonan has been in touch with me about this point. The Dunkerrin burial board is one of the best examples in the country of co-operation between local authorities in an important facility. We will be able to deal with the issue without having it written in statute.

Amendment No. 93 also deletes the reference to the joint library committee within the overall definition of a joint body. This will no longer be required following the enactment of the provision dealing with the dissolution of Tipperary joint library committee, which was provided for during the Dáil debate on Committee Stage. The purpose of amendments Nos. 96 and 98 is to provide that the period in which a budget meeting period may be adjourned is reduced by seven days, from 21 to 14.

Amendment No. 101 is consistent with the amendments to the principal Act and provides that the period in which a budget meeting period may be adjourned is reduced by seven days, from 21 to 14 days, in cases in which an insufficient budget has been adopted. These amendments are intended to ensure sufficient time is available for local authorities to consider and adopt their budgets prior to 31 December. Under the EU regulations known as the two-pack, formally adopted on 30 May 2013, a common budgetary timeline was introduced for all euro area member states. Specifically, the draft budget for central government and the main parameters of the draft budgets for all subsectors of the general government must be published by 15 October each year. Draft budgetary plans in a common format must be submitted by all euro area member states that are not in a programme of assistance by this date. The budget for the central government must be adopted or fixed upon and published by 31 December each year, together with the updated main budget parameters for subsectors of the general government, including the local government subsector. Following these regulations, the local authority budget is required to be adopted by 31 December each year.

Amendment No. 106 is a typographical amendment inserting a definite article where it was omitted. Amendments Nos. 105, 108, 109, 110, 112, 113 and 114 consist of a number of amendments to legislation outside the responsibility of the Department of the Environment, Community and Local Government arising from the structural changes provided for in the Bill. The amendments are contained in Part 6 of Schedule 2, which deals with minor consequential amendments to Acts other than those already dealt with in Schedule 1 and in Parts 1 to 5 of Schedule 2 as a result of the reform programme.

Amendment No. 115, relating to the Valuation Act 2001, is being taken at the request of the Minister for Public Expenditure and Reform. Currently, the Valuation Act 2001 requires that properties that are a building or part of a building, land, waterway or harbour directly occupied by the State, including those occupied by Departments, the Defence Forces or the Garda Síochána, or are used as a prison or place of detention, although not rateable, must be valued by the Valuation Office, and the value is placed on the valuation lists of local authorities. The amendment means the Valuation Office will no longer be required to value these properties, allowing the resources within the office to be deployed to other aspects of work, including the current programme of revaluation.

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