Catherine Murphy (Kildare North, Independent)
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Question 81: To ask the Minister for the Environment, Heritage and Local Government when it is intended to enact the sections of the Local Government Act 2001 which would allow towns to apply for town council status. [16257/05]

Dick Roche (Wicklow, Fianna Fail)
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I compliment Deputy Murphy on her first oral question, which addresses an issue in which I am greatly interested.

Part 17 of the Local Government Act 2001 provides that qualified electors of a town having a population of at least 7,500 as ascertained at the last preceding census and not having a town council may make a proposal for the establishment of such a council. Under the relevant provisions of the Act, a proposal to establish a town council is a matter for the local community in the first instance. It is one of the finer democratic provisions that we have on our Statute Book. Thereafter a decision on such a proposal is a reserved function of the relevant county council, following a public consultation process.

Following these local steps, the proposal must then be submitted to the local government commission for preparation of a report and recommendations to the Minister. I am considering the steps necessary to commence the relevant provisions of the 2001 Act, including regarding the establishment of the local government commission and will be pursuing consultations with local government interests, including the various local government bodies, in this regard.

I thank Deputy Murphy for raising this question because it is an area in which I have a particular interest, having helped to create one local authority in Greystones.

Catherine Murphy (Kildare North, Independent)
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The Minister and I have something in common in this area. I am a member of the last created town council, in Leixlip, which was established in 1988. The town council in Greystones preceded the one in Leixlip by four years. Only four town councils have been created in the history of the State.

I ask the Minister to indicate when he believes communities could begin the process of seeking town council status. We are becoming a more urban society. I am an advocate of town councils because they can give focus to towns and benefit communities greatly. Towns such as Maynooth and Celbridge are very keen to initiate the process of seeking town council status but they would like to know when that process can begin. There was no indication of a target date in the Minister's reply, though he did express support for progressing the issue further.

Perhaps the Minister could explain what has delayed the process to date. There was a large number of comprehensive reviews of local government in the middle of the 1990s, which led to the recent local government Act. However, it is extraordinary that the last town council was established in 1988, approximately 17 years ago.

What role does the Minister see for county managers in the town council process and has he consulted them on the matter? My experience of seeking town council status for Leixlip would indicate that battles may have to be fought with county councils before agreement can be reached.

Séamus Pattison (Carlow-Kilkenny, Labour)
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The Deputy's time has expired.

Catherine Murphy (Kildare North, Independent)
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How many towns does the Minister perceive would be interested in or would be eligible for, seeking town council status?

Dick Roche (Wicklow, Fianna Fail)
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Regarding the last point, I am not sure of the exact numbers, but I agree with the general tenor of Deputy Murphy's comments. Town councils, and indeed the older town commissions, are a positive force in local democracy and I am interested in facilitating them wherever I can.

There is an issue around the differentiation between town councils that were once town commissions and town councils that were previously urban councils. By using the powers that exist creatively, services can be shared between town and county councils. There are some examples of very good practice in town councils in that regard. Deputy Murphy is correct in her assertion that in some cases there has been a less proactive role taken by county councils and by county management.

I remember the birth traumas of Leixlip Town Council. I assisted the local group at the time and was delighted to do so. I have been speaking to some local authority representative associations and am anxious to progress the matter further.

I reiterate the point that within our small local authorities, particularly those that have made the transition across from town council status, I wish to see more activity taking place regarding service provision in planning, housing and so on, whereby offices are shared across town and county councils. There are one or two cases where this is happening, on an informal basis, to good effect.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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The fundamental issue here is the allocation of powers to local government. Does the Minister have further plans to significantly devolve powers to local government? It would appear that the trend has been in the opposite direction, whether that be through the Waste Management Acts, legislation on housing etc. The trend has been to consolidate power in central Government.

Séamus Pattison (Carlow-Kilkenny, Labour)
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The Deputy is widening considerably the scope of the question.

Ciarán Cuffe (Dún Laoghaire, Green Party)
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Does the Minister have plans to further devolve power to local government?

Dick Roche (Wicklow, Fianna Fail)
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If Deputy Murphy wishes to discuss the matter of town councils further, I would be delighted to do so outside the House.

To answer Deputy Cuffe's question, if one looks at comments I have made since becoming Minister for the Environment, Heritage and Local Government, one will see that I am anxious to stop the trend to which he referred, namely the movement of power away from local government and towards central Government. The issue, in the context of the criticisms made by Deputy Gilmore earlier, has been the movement of power away from councillors to the management of local authorities. I am not in favour of that trend developing any further and, in the Waste Services Bill that we are processing in the House, I have reversed that process.