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

I thank Deputies and members of the Business Committee for allowing time for statements on the issue of directly elected mayors, which was raised in our discussion on the Local Government Bill 2018 before Christmas. Deputies expressed the view that there should be an input from this and the Upper House prior to the Government making a decision on the exact role and functions of directly elected mayors. I am glad that the Dáil will be able to have this discussion. We will have it in the Seanad next week.

I wish to outline the proposals that I intend to present to the Government in the coming weeks. I am here to listen to any good suggestion from Members. Nothing has been finalised yet, so suggestions regarding this significant reform of how local government is run will be taken on board.

As the House will be aware, A Programme for a Partnership Government includes a commitment to consider directly elected mayors in cities as part of a broader range of local government reforms. Several previous programmes for Government included similar measures. The reforms' principal aim is strengthening local democracy and shifting the balance of power, which is lopsided in many respects, between the executive and those who are directly elected by the people.

On foot of the commitment in A Programme for a Partnership Government, I submitted to the Government last September a policy paper, entitled Local Authority Leadership, Governance and Administration, which included a number of policy proposals for directly elected mayors. This policy paper was approved by the Government at its meeting of 27 September and forwarded to the Joint Committee on Housing, Planning and Local Government for consideration. The Government also agreed in principle that plebiscites would be held on directly elected mayors with executive functions in the areas of Cork City Council, Limerick City and County Council, Waterford City and County Council, and Galway city and Galway county councils at the same time as the local government elections next May. This decision was subject to the necessary provisions for the holding of the plebiscites being included in the Local Government Bill and the requirement that I would revert to the Government with more detailed proposals on the plebiscites, the questions to be put and the specific powers to be given to these directly elected mayors.

Following yesterday's completion of the Local Government Bill by the Houses, the Bill provides for plebiscites on directly elected mayors with executive functions in the local authority areas of Cork City Council, Limerick City and County Council, and Waterford City and County Council. It is intended that the plebiscites will be held at the same time as the local elections in May. The Department is prioritising the Government's instruction to produce more detailed proposals on plebiscites, the questions to be put to the electorate and the specific powers of mayors. These detailed proposals, including an analysis of the costs involved, will be submitted to the Government in the coming weeks. Prior to reverting to the Government with these more detailed proposals, I wish to consult both Houses to understand their views on the matter.

As Deputies will be aware, local government legislation divides local authority functions into executive and reserved functions. The proposed office of directly elected mayor with executive functions should bridge the gap between the two categories of functions. It is my view that, subject to some exceptions, responsibility for executive functions could be transferred in their entirety to directly elected mayors. The directly elected mayor would be an ex officiomember of the elected council and continue to perform the functions currently exercised by local authority cathaoirligh, mayors and lord mayors, including reserved functions. This would encompass a civic and representational role, where the mayor would act as the "face" of the local authority domestically and internationally.

Given the potentially wide range of functions performed by local authorities, the directly elected mayor's role would need to be supported by a chief executive officer. The executive mayor would have a similar relationship with the local authority chief executive as a Minister has with a Secretary General of a Department.

The mayor's functions would exclude executive functions related to planning matters, which would remain with the chief executive. Chief executives would also continue to be responsible for organisational and staff related matters. This is similar to arrangements in Departments, where the Secretary General is responsible for such matters.

The elected council would be the primary body with responsibility for oversight of the mayor in the performance of his or her functions and for holding him or her accountable while also exercising its existing and future reserved functions. I emphasise this point, as it has been raised in many discussions in the Dáil and elsewhere. We are not proposing the removal of any of the existing reserved functions that local councillors have.

A mechanism to recall the mayor should also be set out and will be included in the final memorandum that goes to Government. I would be interested in Members' views on that issue. At a local level, on creating a position with such responsibility it also would be necessary to ensure, were a matter to arise, that there would be a recall election mechanism for the public, as has been recently provided for in the United Kingdom but that has existed for years in many other democracies across the world.

In addition to the directly elected executive mayor proposals, I will propose a strengthening of the strategic planning committees, SPCs. My intention is to create a Cabinet-style system where the chairs of the various SPCs would form the mayor's cabinet, replacing the corporate policy group. As to what role or title would be officially given, no decision has yet been made. It is the case in local authorities right across western Europe that different councillors sometimes are the lead councillor for certain strategic matters that the local authority controls and I certainly envisage that should be the case in Ireland.

I intend that the policy paper will analyse the costs involved in establishing a new position of directly elected mayor. This analysis is to include the costs of the position of mayor itself and of the plebiscites to be held. This is an important requirement for the Minister for Finance and Public Expenditure and Reform.

As I mentioned, it is intended that the plebiscites on directly elected mayors with executive functions will be held on the same day as the local elections in May next. Anyone entitled to vote in the local government elections in the local authority areas listed will be entitled to vote in a plebiscite on directly elected mayors. Regulations for the holding of the plebiscites and their necessary requirements and arrangements, will be made by the Minister, Deputy Eoghan Murphy. Information for electors on the proposals to be voted on in the plebiscites will be drawn up by the Department and sent to local authorities for distribution to electors.

The Government decided at its meeting of 27 September that in view of the complexities of local government in County Dublin and the Dublin metropolitan area, which is defined in the national planning framework, it would be appropriate to allow space for detailed and informed public discourse on the matter of directly elected mayors for Dublin. For that reason, the Government decided that the issue of directly elected mayors for Dublin would be referred to a Dublin citizens' assembly, to be convened in 2019. The Department of the Taoiseach is leading on the convening of the assembly, with the input of the Department of Housing, Planning and Local Government. Consideration will need to be given to the membership of the assembly, for example, whether the assembly should include elected officeholders similar to membership of the Convention on the Constitution. It certainly is my personal view that the assembly should have a similar make-up as the Convention on the Constitution. There is also a range of complex policy questions to be examined by the Dublin citizens' assembly, including the consideration of functions of the officeholder; the proposed relationship between the directly elected mayor and the local authority elected members and the executive of the local authorities involved; and the geographical area that would fall under the Dublin mayor's remit.

I thank the Leas-Cheann Comhairle and Members for their ongoing engagement on the issue. The establishment of offices of directly elected mayors with executive functions would represent a very significant change and development in the political accountability of leadership at local authority level and I look forward to hearing the views of Members during the debate.

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