:

I propose to address amendments Nos. 84 to 87, inclusive, as they have been grouped together for discussion. Amendment No. 84 amends Schedule 1, Part 1 of the Bill, which sets out the executive functions to be retained by the director general, and not to transfer to the mayor. Functions referred to in sections 10 and 26 of the Bill, and the legislation containing these functions, is listed individually in the Schedule. This listing also means that references to "chief executive" in these provisions shall be construed as a reference to "director general". The amendment replaces the existing tables in the Schedule with new tables. These include all the elements of the original tables with further additions.

The main role of the director general will be to support the mayor. They will do this by taking on the effective administration and day-to-day running of the local authority, while the mayor's focus will be on matters at a strategic and policy level. The director general will be accountable to the mayor for the exercise of these functions, which is very important.

In addition, there are specific executive functions that will remain with the director general for which they are accountable to the council. These were outlined in the context of the plebiscite, identified in the report of the implementation advisory group, given further effect in the general scheme and reflected in the Bill before Members. In summary, these functions are: the administration of schemes and grants, including decisions on permission approvals, permits, consents, certificates, licences or other form of statutory authorisation; staffing matters and HR strategies; the Accounting Officer role; holding polls and managing elections; operating key schemes and service-level agreements, for example, HAP shared services; and compliance, enforcement and taking legal proceedings arising from these functions. In general, statutory functions conferring a benefit on a particular individual remain with the director general, while responsibility at a strategic and policy level will rest with the mayor.

Local authorities carry out more than 1,000 services for Departments and agencies. Many of these functions have a basis in the Statute Book. On both Second and Committee Stages, I indicated my intention to bring forward amendments to Schedule 1, Part 2 to fully reflect functions appropriate to the director general from all legislative codes. This involved extensive engagement across Government and is reflected in this amendment.

I want to confirm to Members that all new functions identified are in line with the policy approach, and similar to the types already in the published Bill. These will include: appointing officers to carry out compliance functions in areas such as water quality; considering individual grant applications; and functions in the administration of the freedom of information system.

Deputy McNamara has tabled a number of amendments in this grouping and I will turn to these now. On a general point, as mentioned earlier there are a number of core principles set out in the legislation on the roles of the mayor and director general. I believe the Deputy has a different view in some cases.

Amendment No. 85 relates section 149. For background, this section provides that the chief executive has responsibility for the efficient and effective operation of the local authority and for ensuring the implementation of policy decisions of the elected council. As mentioned above, both the mayor and the director general will be responsible for executive functions of the local authority.

The requirement under this section shall apply to both the mayor and the director general. The insertion of section 149 in Schedule 1, Part 2, confirms that this applies to the director general for the functions they are responsible for and the modification of section 149 in Schedule 3 ensures that the section applies the same requirements to the mayor in relation to mayoral executive functions.

Amendment No. 86 proposes the deletion of sections 10 to 12, inclusive, of the Housing (Miscellaneous Provisions) Act 2009 from Part 2 of the Schedule. This section of the 2009 Act provides that it is a function of the housing authority to provide housing services such as social housing, affordable housing, grants and other services. In line with the policy outlined, the functions relate to individual households and involves a scheme of management and maintenance of individual houses. Likewise, amendment No. 87 proposes the deletion of section 6(3) of the County Enterprise Boards (Dissolution) Act 2014 in Part 2 of the Schedule, provides the transfer of the existing function of the county enterprise board to Enterprise Ireland, the transfer to be performed on behalf of Enterprise Ireland. Local enterprise offices, LEOs, perform this function on behalf of Enterprise Ireland and are established via service level agreements, SLAs, between Enterprise Ireland and local authorities. LEOs operate under the direction of the chief executive. The chief executive is also involved in day-to-day operational management of LEOs, including staff. SLAs also assign duties of appointing business sector representatives appropriate to the chief executive, who will decide individual cases.

In line with the policy outlined, as the operation is managed by SLAs, the role involves the management of staff and decisions about funding grants on a case-by-case basis that will also be deemed to be appropriately obtained by the director general. In essence, the amendments proposed by Deputy McNamara depart from the policy approved in the general scheme by removing provisions in the Schedule that appropriately assign responsibility for certain functions to the director general. These were also put to the people by way of plebiscite. As such, it will not be possible to accept them.

See this speech in context