John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

The proposals contained in the Mackinnon report are now part of a process put in place by the Minister, Deputy Eoghan Murphy. An implementation group is in place and it involves representatives of Cork city and county councils.

I am interested in the motion in that this is the first time I have heard public comments from any group to the effect that the local government arrangement in Cork should remain as it is, and that the status quois desirable. Half of the city of Cork is in the jurisdiction of Cork County Council. For the provision of services at local authority level and to be representative of the communities they serve, the status quocannot remain in place. That is not to say some of the issues raised here are not legitimate concerns. Deputy Collins raised the issue of funding committed and asked whether it will be honoured. Yes, it will. Deputy Harty raised the possibility of other boundary extensions. There is no current proposal on Limerick and Clare. The Deputy mentioned Ferrybank, an area with which I am acutely familiar. Reference was made to the Waterford-Kilkenny boundary. Roscommon was mentioned, in addition to Louth-Meath and Carlow-Laois, where resolutions will be brought in the next few weeks in light of the result of the Mackinnon review group, which we are discussing tonight.

In my role as Minister of State, I welcome the opportunity to have this discussion. The Government's Putting People First - Action Programme for Effective Local Government, which was the platform for the wide-ranging reform programme for local government implemented in 2014, set out an ambitious vision for local government to be "the main vehicle of governance and public service at local level - leading economic, social and community development, delivering efficient and good value services, and representing citizens and local communities effectively and accountably". There is scope for improvements to the new structures in light of the experience of the past five years, however. In accordance with A Programme for a Partnership Government, the Department is preparing a comprehensive report for the Government and the Oireachtas on potential measures to boost local government leadership and accountability. This report will comprise a number of elements, including proposals relating to local authority structures and governance. This will address the issue of boundaries, having regard to the various reviews that have been undertaken in recent years. I assure the House that the report to the Government and Oireachtas will address various issues that are touched on in the Fianna Fáil counter-motion, including the question of metropolitan governance, which is the substantive matter underlying the concept of an office of directly elected mayor.

Work on the development of proposals for the report to the Government and Oireachtas is well advanced, and one important module of the document is already the subject of consultation with the Association of Irish Local Government and the County and City Management Association. This deals with municipal governance and the issues of local electoral areas and town councils, as referred to in the programme for Government. The Department is arranging for discussions with the Association of Irish Local Government with a view to finalising the consultation process on this aspect at an early date. Other elements of the draft report will be issued for consultation very soon.

On the specific issue of boundaries, it is important to bear in mind that the decision on the alteration of any local authority boundary rests ultimately with the Oireachtas, either through confirmation of an order under Part V of the Local Government Act 1991, after the procedures set out in that Act have been complied with, or by enactment of primary legislation, as appropriate. Deputy Collins stated Cork County Council has spoken about taking the legal route. It has also taken the 1991 Act route. That process is under way, in addition to the Mackinnon process. That allows for neighbouring authorities to agree themselves on a boundary. Furthermore, Cork County Council has actually made a submission to extend the city boundary into the county area. Therefore, it is not as if the legal route is the only show in town, as implied in the Deputy's comments. What I describe is actually being considered by Cork County Council and it has made a very definitive proposal in that regard.

A process of engagement with the other local authority concerned must be undertaken, following which application may be made to the Minister for an order altering the boundary, which, unlike most statutory instruments, requires the positive approval of both Houses of the Oireachtas by the passing of a resolution by each approving the draft order.

Regarding the boundary between Cork city and county, I would like to make clear that no final decisions have been made at this point. Deputies will be aware that a local government committee was established in 2015 by the then Minister for the Environment, Community and Local Government to carry out a review of local government arrangements in Cork, and to make recommendations as to whether the boundary between the city and county should be altered or whether Cork City Council and Cork County Council should be unified. The committee recommended, on a majority basis, amalgamation of the two authorities, accompanied by measures such as devolution of functions to a unified Cork authority and strengthening of municipal district functions, in preference to extension of the city boundary, which was proposed and recommended by a minority on the committee.

In view of the lack of consensus on the issue, a Cork local government expert advisory group was established by the former Minister, Deputy Coveney, to advise on relevant options in regard to future local government arrangements for Cork, having regard particularly to the 2015 review. It recommended, in April 2017, the extension of the city boundary rather than local authority merger, while acknowledging the merit of a unified authority, including efficiencies potentially in the order of 2% to 5% over time. An oversight group was established in July 2017 to oversee arrangements for the alteration of the boundary, in light of the advisory group's recommendations, in accordance with a detailed implementation plan to be formulated by the group.

Subsequently, Cork County Council exercised its entitlement to initiate a proposal for the alteration of the boundary under Part V of the Local Government Act 1991. As this proposal is the subject of a statutory process, which may lead to an application for ministerial decision, it would not be appropriate for me comment on the boundary alteration proposals. However, it is reasonable to record that there is general agreement that retention of the status quoin Cork local government structures is unsustainable. Indeed, both the minority and majority groups in 2015 were at one on this point, while recommending different solutions. I emphasise, however, the key role that the two local authorities in Cork must play in agreeing boundary proposals. In conveying the terms of reference of the Cork oversight group to the chief executives of the two authorities, the Minister, Deputy Eoghan Murphy, specifically pointed out that it would fall to them to develop detailed and comprehensive proposals for the boundary alteration. I do not regard the non-statutory role of the oversight group as conflicting with the process under the 1991 Act. Indeed, the work of the group could support the operation of that process by helping to achieve agreement on boundary proposals that could be progressed through the 1991 Act process.

There has been a lot of speculation in the media about financial consequences arising from a possible boundary change.

As already stated, I cannot comment on specific aspects of the alteration proposals for Cork. Let me make it clear, however, that any boundary change must be predicated on sound financial due diligence and arrangements in order to ensure that no local authority would be left in an untenable position in the event of a boundary alteration. The approach taken in the various previous local authority boundary alterations has been to make provision for arrangements designed to achieve a broadly neutral outcome in terms of resources. I would also like to dispel any concern that the national planning framework might lead to any changes to local authority boundaries in Cork or anywhere else. The impression in that regard, which seems to be conveyed in the motion, is completely without foundation. The motion also seems to portray the national planning framework as anti-rural, which is entirely erroneous. The draft national planning framework, which is to be considered by the Joint Committee on Housing, Planning and Local Government, will support the future development of the country as a whole, both rural and urban areas, in an integrated manner.

I thank the Deputies for raising this matter. I will take note of the input of Deputies as we progress the report on local government under the programme for Government. I look forward to future engagement with the House in that regard. I am sure such engagement will take place. However, it would not be appropriate to pre-empt consideration by Government and the Oireachtas of various local government matters in advance of formal submission or to prejudice in any way the statutory processes which are under way in Cork. It is for this reason that the Government has proposed an amendment. I will conclude by reiterating that the most important factor in achieving effective and appropriate local government arrangements in Cork is the exercise of leadership and goodwill on the part of both local authorities, working to achieve an outcome that will be in the best interests of Cork and its communities - in the city and the county - which, no doubt, is the desire of all concerned here as well.

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