Kieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

I leave that up to the Ceann Comhairle's wise viewpoint. The Ceann Comhairle will appreciate if I plead the Fifth Amendment on that.

I move: "That the Bill be now read a Second Time."

I see my colleague here from Limerick, Deputy Maurice Quinlivan. I am delighted to have the opportunity to bring the Local Government (Mayor of Limerick) Bill 2023 before the House, which is an historic moment for Limerick and for Ireland.

The purpose of this Bill is to establish the new office of a directly elected mayor for Limerick City and County Council and to provide for the direct election by the public of a person to that office. The Bill provides for the transfer of executive functions currently carried out by the chief executive of Limerick City and County Council to the directly elected mayor, as well as additional functions conferred under the Bill. The Bill provides for structural changes in connection with governance of the area of Limerick City and County Council, in particular in relation to the current roles of cathaoirleach and leas-chathaoirleach of the council and the role of chief executive of the local authority.

This Bill delivers on a programme for Government commitment and reflects the vote, or plebiscite, of the Limerick people. Published last month, the Bill is a key milestone on the way to having the first directly elected mayor in Ireland. This is one of the most significant reforms of local government since the foundation of our State, with Limerick leading the way.

Over the last decade we have already seen a suite of wide-ranging reforms of local government. During that time local government legislation brought about significant reforms in the way local and regional government is organised including more devolved powers to local government; strengthened oversight and governance arrangements, with the primacy of the elected council reinforced, which I believe is very important; a more effective means by which citizens can be involved in the affairs of their local authority; and an improvement in the financial stability and fundraising powers of local authorities, such as through the introduction of the local property tax. The role of councillor has also been put on a more sustainable, viable pathway for anyone who wishes to pursue such a career.

Today we are embarking on another very significant local government reform with this legislation. The Bill provides the mandate, structures and means to deliver on the ambition of the office of the first directly elected mayor of Limerick. It provides a major opportunity for Limerick to forge an enhanced local government. There is huge potential to develop service delivery and accountability locally and to add value for all the people of Limerick.

As Members will be aware, when approving the publication of the Bill, the Government decided that the election of a directly elected mayor of Limerick will be held on the same date as the local and European Union elections in 2024, which will be held in early June 2024. As we look around Europe, we see that directly elected mayors are a feature of local government in many countries. I firmly believe that a directly elected mayor is a natural evolution for local government in Ireland as we now go into the second century of our foundation as a State. In that regard, the Bill will allow plebiscites to be held by other local authorities on the question of whether an office for a directly elected mayor for those administrative areas should be established, and for the electors of those areas to elect a mayor.

I want to elaborate on the main provisions of the Bill. The Bill is divided into seven Parts, with 60 sections and three Schedules.

Part 1 of the Bill covers sections 1 to 7, inclusive, and addresses preliminary and general matters. It contains standard provisions relating to the Title, collective citation, commencement of section, definitions, etc. Section 5 provides for the application of the Local Government Act 2001, the principal Act, in the case of Limerick to be subject to the modifications contained in Schedule 3. I acknowledge that Deputy O'Donoghue from Limerick is also here today.

There is a built-in review mechanism in section 7, which involves a review of the operation of the Act after a three-year period. This will provide an opportunity to examine the office of mayor and make any legislative enhancements necessary, including the assignment of further additional functions to the mayor.

Part 2 of the Bill includes sections 8 to 20 and is one of the substantive Parts of the Bill. This Part deals with the establishment of the new office of the directly elected mayor. The office of directly elected mayor will be established by ministerial order. The mayor of Limerick will be elected by the public and hold office on a full-time basis in line with the local electoral cycle, that is, for a five-year term. A mayor may hold office for two terms.

The mayor will be the executive head of the local authority, with responsibility for mayoral executive functions, which will be most of the executive functions previously carried out by the chief executive, including, at a strategic and policy level, matters such as housing, planning, environmental services, climate and enterprise. When the mayor takes up office, the majority of the functions of the chief executive will be vested in or transferred to the mayor, along with functions, including the representational and civic functions, of the cathaoirleach outside of the council chamber.

The functions in the Local Government Act 2001 set out in Part 1 of Schedule 1 are those that will remain with the príomh-chomhairleoir, formerly the cathaoirleach, who will be the chair of the council or, in international terms, the speaker of the house. Part 2 of Schedule 1 contains those functions that will remain with the director general, formerly the chief executive. Executive functions that will not transfer include those relating to staffing and human resources, the role of Accounting Officer and the administration of schemes and grants as they relate to the individual as well as enforcement.

This Part provides that the mayor shall be an ex officiomember of the council with voting rights, and may be questioned by the council in relation to the performance of his or her functions. The mayor will chair the corporate policy group. The mayor may attend and participate at meetings of the municipal district members, but is not a member and does not have voting rights. This Bill provides for the necessary oversight of the mayor by the elected council. It also provides for such matters as eligibility to run for and disqualifications from the office, the resignation of the mayor and the procedure to deal with a vacancy or a temporary absence.

In the case of a vacancy arising, for the period of time until a new mayor is elected at a by-election or at the normal cyclical election, the functions of mayor will be performable by the príomh-chomhairleoir, and the leas-phríomh-chomhairleoir, which is the deputy speaker, shall assume the responsibilities of the office of príomh-chomhairleoir for the duration of that period. Basically, the príomh-chomhairleoir will step into the position of mayor and the leas-phríomh-chomhairleoir will step into the position of príomh-chomhairleoir. This will ensure the roles of chair within the chamber and elected head of the executive are not vested in one individual. In relation to temporary absences in the office of mayor due to maternity leave, illness or a good-faith other reason, the príomh-chomhairleoir, again, will undertake the functions of the mayor during such a temporary absence, with the leas-phríomh-chomhairleoir deputising for the príomh-chomhairleoir.

Programme for Government: Our Shared Future commits to supporting the first directly elected mayor with a financial package to deliver upon his or her mandate. Therefore, importantly, this Part makes legislative provision for the mayor to receive a mayoral budget to support him or her in the performance of his or her functions as set out in the legislation, in particular his or her mayoral programme. The Bill provides legislative underpinning for the mayoral position and salary, which will be equivalent to that of a Minister of State, and for the staffing arrangements for the mayoral office, including the appointment of a special adviser.

Part 3 of the Bill includes sections 21 to 28 and provides for the other structural changes relating to key positions and roles in Limerick City and County Council. The offices of cathaoirleach and leas-chathaoirleach will be abolished and the new offices of príomh-chomhairleoir and leas-phríomh-chomhairleoir, speaker and deputy speaker, will be established as the chairperson and vice-chairperson of the council. The príomh-chomhairleoir and leas-phríomh-chomhairleoir will continue to be elected by the council annually, or when a vacancy occurs in the same way that the cathaoirleach and leas-chathaoirleach are elected at present, as set out in the Local Government Act.

The roles of chief executive and deputy chief executive will become director general and deputy director general. The primary role of the director general will be one of supporting the mayor in his or her role in the effective administration and the general day-to-day operational running of the authority. As mentioned, there are specific executive functions that will remain with the director general, which are set out in Part 2 of Schedule 1 and for which they are accountable to the council. These can be summarised as the administration of schemes, grants and loans, including decisions on applications under enactments for the grant of a permission approval, permit, consent, certificate, licences or other form of statutory authorisation; executive functions relating to staffing matters, including the appointment of staff and the preparation of HR strategies; functions arising from the Accounting Officer role; functions relating to the holding of polls and the management of elections; functions arising from the operation of key schemes and service level agreements, for example, housing assistance payment, HAP, shared services; and compliance and enforcement matters and the taking of legal proceedings arising from these functions.

The Bill also provides that the mayor may delegate any of the executive mayoral functions to the director general, who is accountable to the mayor when performing those functions under the superintendence and control of the mayor. Delegated functions are performable by both the mayor and director general. The mayor may also revoke such a delegation.

Part 4 of the Bill, covering sections 29 to 35, inclusive, contains provisions for new structures at central level and in Limerick City and County Council to support the development of the role of the directly elected mayor. It sets out the new structures and functions of the mayor, separate to those executive functions transferring from the chief executive. These include the establishment of a Limerick mayoral and government consultative forum at ministerial level to facilitate engagement between the mayor and national government, in particular on proposed legislation and Government policy initiatives and the impacts on Limerick. It will be chaired by the Minister and will meet at least twice a year, with attendance from Ministers according to the agenda. The forum can meet as often as necessary in the performance of its functions as agreed by the members. The forum will consider and make recommendations on the future development of the role, including new and additional functions, and funding, for assignment to the mayor. It will also review and advise on how the new structure is operating. This will feed into the review of the legislation mentioned earlier, which is within a three-year period. The new structures and functions of the mayor also include preparation of a mayoral programme for local government in Limerick which sets out the key priority and objectives for the term of office.

The mayor will set up a Limerick mayoral advisory and implementation committee which will assist in the preparation, and support the implementation, of the mayoral programme. The committee will enable the mayor to convene all key stakeholders in Limerick to examine and discuss key issues affecting Limerick City and County Council, including economic, tourism, social and cultural matters, employment, co-ordinating initiatives, services and funding to support rural areas and measures concerning the regeneration of towns. I include agricultural matters in that.

The new structures and functions of the mayor also include the establishment of the Limerick Project Ireland 2040 delivery board, which will focus on implementation of the national planning framework and the national development plan in the Limerick area. The board, led and chaired by the mayor, will support, co-ordinate and monitor the development and regeneration of Limerick under the national planning framework, the national development plan, the county development plan and the Limerick-Shannon metropolitan area strategic plan. The delivery board may establish subgroups as required. One of these subgroups is the Limerick delivery board transport subgroup, which has a specific section in the Bill. It will also be chaired by the mayor and it will have particular focus on transport infrastructure and services in Limerick, collaborating with existing key strategies for the sector, such as the Limerick-Shannon metropolitan area transport strategy.

Government Departments and public bodies will be required under statute to consult the mayor, on request, in relation to national policy or legislation that may impact on Limerick or Limerick City and County Council, as a complement to the consultative forum engagement. In addition to this, the mayor will be a member of the local community development committee, LCDC, and will also be an ex officiomember of the Southern Regional Assembly.

Part 5 of the Bill covers sections 36 to 41, inclusive. This Part deals with legislative amendments relating to holding elections for a democratically elected mayor.

It provides for necessary minor consequential amendments to the Electoral Act 1992, which are primarily concerned with making provision for a mayor of Limerick election plebiscites. It also provides for necessary minor consequential amendments to the Electoral Act 1997. It inserts a new Part, comprising 21 sections, into that Act to provide for the limitation of expenditure at a Limerick mayoral election, the reimbursement of election expenditure and the disclosure of both donations and electoral expenses.

Part 6 of the Bill, which includes sections 42 to 50, makes provision to allow a local authority to hold a plebiscite on the topic of directly elected mayor with executive functions for its administrative area. A plebiscite of the electors of an administrative area may be proposed in circumstances where a local authority corporate policy group recommends it and the elected council approves it, a petition is signed by more than 20% of the electorate and the chief executive certifies it, or the Minister directs it. A plebiscite must then be held within 12 months.

Where the outcome of a plebiscite is in favour of a directly elected mayor, the Bill requires the Minister, within two years, to submit a report to the Oireachtas containing proposals for legislative measures to provide for a directly elected mayor of that administrative area. It also provides that prior to the holding of a plebiscite, the Electoral Commission shall arrange to publish and distribute information in relation to the plebiscite proposal for the attention of the electorate.

Sections 51 to 60 contain provisions for a legal mechanism to remove a directly elected mayor. If it is okay with Members, I will use the limited time I have to summarise these sections. First, the council may adopt a proposal to remove the mayor from office, but only on the grounds of misbehaviour or failure to perform functions. This must be signed by at least two thirds of the total number of members and specify the grounds and reasons. To ensure that due consideration is given before initiating this process, an unsuccessful attempt cannot be repeated for a minimum of 12 months. In addition, such a process cannot be initiated within a 12-month period of a new mayor taking office. Furthermore, it is appropriate that the removal meeting is held in public. In order to ensure the removal is the democratic will of the elected council, it is required that at least three quarters of the council support the motion for it to be passed. Two thirds of members must sign to bring a motion, and three quarters of members must approve that motion for removal.

Second, when a removal resolution is passed, the Minister is informed and establishes a three-person independent expert panel to consider the matter. An order for removing the mayor from office may only be made by the Minister if recommended by the panel. If the panel makes a recommendation to remove the mayor, the Minister must consider the matter and decide whether to accept the recommendation. If a Minister decides not to accept the recommendation for removal of the mayor, the Minister must give notice to that effect to the mayor and the council. If the Minister accepts the recommendation and decides to make an order to remove the mayor, this order must be placed before the Houses of the Oireachtas and receive a positive resolution from both Houses before it can be signed into effect.

Schedule 1 to the Bill sets out the provisions which will not transfer to the mayor. It has two Parts. Part 1 lists the sections in the Local Government Act that contain functions currently applicable to local government cathaoirligh that will remain with the príomh-chomhairleoir of Limerick City and County Council. Part 2 lists sections in various Acts, including the Local Government Act, that relate to functions currently applicable to local authority chief executives that will remain with the director general of Limerick City and County Council. As mentioned earlier, executive functions that will not transfer include those relating to staffing and human resources, the role of Accounting Officer and the administration of schemes and grants as they relate to individuals as well as enforcement.

Schedule 2 to the Bill consists of 106 paragraphs and provides for an electoral code for the holding of an election for the position of mayor.

Schedule 3 to the Bill relates to section 5 and provides for the necessary modifications to how certain provisions in the Local Government Act are to be read in relation to Limerick City and County Council following the mayor taking up office. As well as catering for the existence of the mayor and for functions in which both the mayor and director general will have a role, some of the modifications also cater for the change in titles provided.

I will briefly touch on amendments to the Bill, and take the opportunity to outline a number of the amendments. These primarily relate to amendments to give full or further effect to the general scheme of the Bill and to address a number of matters that have arisen in the drafting process.

As outlined already on executive functions and responsibilities, the structure of the Bill provides that when the mayor takes up office they will be responsible for the executive functions. However, there are a range of functions that will be the responsibility of the director general. These functions relate to staffing and human resources, as I have already mentioned. These functions will be listed in Schedule 2 to the Bill. Given the complex and wide-ranging nature of the work involved on a cross-departmental basis to examine the full range of those functions not yet fully reflected in Schedule 1, it will be necessary to bring forward amendments.

Under the Bill, certain persons are not eligible to qualify, such as a member of the Commission of the European Union or a member of An Garda Síochána. Members of the Oireachtas and the European Parliament will be eligible to run for election provided that any such candidate would cease such membership if elected mayor. The necessary amendments to enable persons already involved in political life to run for election will be brought forward.

As mentioned, Part 6 of the Bill contains the provisions necessary to allow any local authority to hold a plebiscite on the topic of directly elected mayor with executive functions for their administrative area.

I look forward to working with Oireachtas colleagues in the coming months to pass this legislation and pave the way for the Limerick mayoral election at the same time as the European and local elections next year. Limerick City and County Council will be unique compared to the other 30 local authorities. Working with councillors and all stakeholders, a directly elected mayor will be a champion for Limerick City and County Council, and will have a place-making role for the county and region. I thank the implementation advisory group, chaired by Tim O’Connor, for its work in producing its comprehensive report. I also thank the Joint Oireachtas Committee on Housing, Local Government and Heritage on their pre-legislative scrutiny report on the legislation. I thank the officials in the Department who have done an incredible amount of work over a sustained period. I want to acknowledge that. I recognise the valuable input of my fellow Members of the Oireachtas, and more particularly the valuable input of the councillors and officials in Limerick City and County Council in developing these provisions. I will continue to engage with them as we move closer to creating the historic office of a directly elected mayor for Limerick. It will be the first in Ireland, with Limerick leading the way as we are doing in hurling at present. I commend the Bill to the House. Go raibh maith agaibh.

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