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

I will deal with the other amendments in the limited time I have. Amendments Nos. 82 and 83 both relate to section 178 of the principal Act and the ethics provisions which shall apply to the local government sector. It sets out the actions taken by the chief executive in a matter which the local authority is dealing with and in which there are preliminarily have beneficial interests. They must disclose the interests to the cathaoirleach and they are prohibited from seeking to influence the local authority in consideration of that. In the future, given the council's oversight and the príomh chomhairleoir's role as leader, it would be appropriate for the director general to disclose the interests and, if necessary, to delegate the matter to the príomh chomhairleoir. I should mention that the modifications in section 178 in Schedule 3 also ensure that this section applies the same requirements to the mayor.

Amendment No. 79 is consequential arising out of the amendments made by the Dáil to modify section 174. This amendment removes the reference to section 7 of section 174 and is already applied previously by virtue of modifications. However, it is necessary to insert subsection (8) of section 174 as this includes a function for the príomh chomhairleoir as a person to whom a matter is brought to his or her attention. Subsection (7) relates to amendment No. 99, which has already been discussed in the earlier group and makes a necessary amendment.

In summary, the legislation is drafted such that the director general will be responsible to the chamber and the elected members for the functions that remain with him or her. If they involve additional expenditure, the director general has a responsibility to go to the elected members and the chamber, of which the mayor is a member. It is not as if the mayor will not be told. He or she will be told in the normal way.

Second, if, in the areas that fall under the remit of the mayor, additional expenditure incurred, the mayor will be required to come to the chamber. The mayor is answerable to the chamber. That is hugely important and I think this is a provision the Deputy will like. There are many checks and balances in the legislation and, furthermore, it will be reviewed.

This is very much in keeping with ensuring that whatever responsibilities people have, be it the DG or the mayor, they are responsible at all times to the chamber.

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