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

I move amendment No. 72:

In page 64, line 11, to delete “20 per cent” and substitute “15 per cent”.

These amendments relate to Part 6, which deals with holding plebiscites to consider proposals by local authorities for the directly elected mayor of the administrative area of the local authority. Amendment No. 72 relates to section 47, which sets out the proposals for initiating a protocol for proposals for holding a plebiscite and that includes circumstances where a petition is signed by more than 20% of the electors of the administrative area and certified by the chief executive. As previously indicated, the provisions in the Bill reflect the commitment in the programme for Government to allow for plebiscites to be held in 2024 in any local authority that wishes to have a directly elected mayor.

Demand will be demonstrated at the request of the local authority but we have provided for a petition from 20% of registered voters. Members will recall this was a subject of extensive debate on Committee Stage. I saw merits in the argument to reduce the 20% requirement. They were mainly of a practical and logistical nature, which suggests the current 20% would be impossible to achieve. Following consultations with the relevant Government colleagues and with a view to ensuring we deliver on the spirit and intention of the committee, I considered the matter further. I have tabled the amendment to reduce the threshold from 20% to 15%. The proposed change aims to achieve a balance between setting a more achievable threshold on a practical level and maintaining it at a level indicating a level of support for such a proposal which would warrant it being put to the people in a plebiscite. I hope Deputy O’Callaghan considers this goes some way towards addressing his proposal in amendment No. 73.

Section 7 allows for a review of all aspects of the Bill, including the plebiscite provisions in Part 6, after it has been operational for a period. If we need to change how the petition mechanism operates based on practical experience, further amendments can be considered at that stage. For now, based on the discussions and my examination of the matter, I consider a threshold of 15% is appropriate but it will be subject to the outcome of any review under section 7.

Amendment No. 74 relates to section 52. That section provides that, where the outcome of a plebiscite is in favour of a directly elected mayor, the Minister shall within two years prepare and submit a report to the Oireachtas proposing legislative measures for a directly elected mayor of that administrative area. Similar to the amendment tabled by Deputy Quinlivan on Committee Stage, the amendment proposes to require the Minister to act within 12 months. It is anticipated the experience of and learning taken from the establishment of the office of a directly elected mayor with executive functions in Limerick City and County Council will be informative and will provide important insights into any future process. It would be important for the Minister to have sufficient time to consider details of a plebiscite proposal, to develop policy and legislative proposals and to have regard to the specific local authority involved, as each one has its own unique characteristics. For example, the Limerick proposal process involved the establishment of an independent advisory group, which made a substantial and significant contribution to our thought process, involved multiple stakeholders and was ably chaired by Tim O’Connor. Its report facilitated consultation with a wider range of key stakeholders and informed the subsequent legislation. I do not think we should rule out such potential engagement by restricting the time period within which a Minister is required to act.

I note there would be nothing to prevent the Minister presenting a report in advance of the two years set out in the Bill. Rather, two years is the outside timeframe. I have given the matter some consideration and on balance, I believe the timeframe in the Bill is the correct one.

Section 49 provides a general power for the Minister in the area of plebiscites.

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