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

Amendment No. 9 aims to include further functions for the mayor. New subsection (6) proposes the mayor have an ambassadorial role in promotion and delivery of the living wage in business in Limerick. As I outlined on Committee Stage, the Government has committed to progress to a national living wage by 2026 by incremental increases of the national minimum wage, which has a statutory basis. As part of budget 2024, the Government has increased the national minimum wage to €12.70 per hour from 1 January, a 12.4% increase. The national minimum wage will be retitled the national living wage when the threshold of 60% of the median wage is reached. As this work is well progressed, there should not be a need for an ambassadorial role in promoting and delivering it. Therefore, I do not think it appropriate to include this provision.

New subsection (7) proposes a role for the mayor in the promotion and delivery of Limerick as a tourist destination. This is a well-intentioned proposal. Through the concerted efforts of many, Limerick is at last assuming its proper place on the national and international stage as a tourist destination. One of the functions of the Limerick mayor implementation advisory committee, chaired by the mayor, will be to promote foster and support economic, touristic, social and culture activities in Limerick. Therefore, the aim of the amendment is provided for in the Bill.

New subsection (8) proposes the mayor have a role in organising and chairing the joint policing committees. The Policing, Security and Community Safety Bill 2023 brought forward by the Minister for Justice has passed through this House and is before the Seanad. Under its provisions, the JPCs will be stood down next June and replaced by new entities. I am on public record as being in favour and supportive of a chairing role for the mayor in the new local community safety partnerships. I feel strongly about this. The Department of Justice is reviewing the operation of the pilot safety partnership in Longford, Waterford and Dublin's north inner city, including the most appropriate provision to appoint chairs of partnerships.

New subsection (9) proposes executive powers for the mayor in waste management. The general scheme of the Bill provided all executive functions under the Waste Management Act 1996 and EU legislation would be retained by the director general. It is already provided for in the Bill with my amendment to Part 2 of Schedule 2 to make complete provision. Therefore, I cannot accept the amendment. Preparing a waste management plan is a statutory requirement under EU regulations. It was previously a reserved function and became an executive function under the Waste Management Act. Since then, waste management plans have been adopted on a regional basis to include the entire country. In 2021, it was agreed the regions would prepare a single national waste management plan for a circular economy. The plan will be made early next year. These measures have allowed Ireland to meet its binding requirements for waste management plans under Article 28 of the waste framework directive.

New subsection (10) proposes executive powers for the mayor in public realm improvements, including disused and unused public spaces. The planning Act does not specify public realm improvement development types. It does provide that local authority works are exempt from planning permission. However, certain development types require that local authorities comply with the process under section 179 of the planning Act. This is a reserved function of the elected members. The Bill does not create new functions relating to development consent, nor does it remove reserved functions from the elected members. Deputy Quinlivan’s contribution on this subsection on Committee Stage envisaged a place-making role for the mayor. I am confident everything I have done supports a placemaker role so I cannot accept the amendment.

New subsection (11) proposes the mayor shall have oversight of Limerick regeneration. I accept Deputy Quinlivan’s bona fides in this area. The Bill provides structures to achieve this, as the Limerick mayoral advice implementation committee will have a particular focus on this. I appreciate the spirit of the amendment but believe it duplicates what is in the Bill.

New subsection (12) proposes the Bill will have a role in land acquisition subject to application to the council. The Bill envisages a mayoral role in acquisition for the performance function of the local authority. However, under section 213 of the planning Act, this is an executive function and does not require a resolution of elected members. The Bill does not modify a reserved elected function. Therefore, the amendment cannot be accepted.

I will make a general point. I have gone back to look at what was put to the people of Limerick by way of plebiscite. Everything put to them is in the Bill, something I am wedded to as a democrat. Everything the people voted on is in the Bill. The plebiscite was upfront with people on what would stay with the CEO, now the DG, and what would go to the mayor. That is something I feel strongly about. We have to be true to what the people voted for.

Amendment No. 22 proposes that, where a mayor has delegated a function, the delegation is deemed revoked upon the election of a new mayor. In this area, the Bill is clear. Each mayor may make a decision to delegate functions or not, or to revoke or amend any such delegation made. In all cases, the power of functions continues to invest in the mayor and is performable by him or her. The director general carries out any delegated functions under the general superintendence of the mayor. As each mayor takes up office, delegation orders made previously would fall. The essence of what the amendment seeks to achieve is implicit in the Bill. Therefore, the amendment is unnecessary. I take the import of what is sought but it is something we looked at in great depth.

A technical issue with the amendment is it does not align with the existing provisions of the Bill, which distinguish between when the mayor is elected and when the mayor takes up office. These are different days. That is the technical point but the general point is we believe it is already provided for in the Bill. The amendment is well intentioned.

I am not of a mind to accept either amendment No. 9 or amendment No. 22.

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