Michael Ring (Mayo, Fine Gael)
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Question 35: To ask the Minister for Community, Rural and Gaeltacht Affairs if he had received legal advice regarding possible dual mandate restrictions on future guidelines surrounding Údarás na Gaeltachta elections; and if he will make a statement on the matter. [9018/09]

Éamon Ó Cuív (Galway West, Fianna Fail)
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My Department has received advice from the Attorney General with regard to potential conflicts of interest arising from membership on local authorities by Údarás na Gaeltachta members.

The matter is being considered in the context of possible amendments to the Údarás na Gaeltachta Acts arising on foot of recommendations in the report of the Linguistic Study of the Use of Irish in the Gaeltacht and the deliberations of the Cabinet committee on Irish in the Gaeltacht.

Michael Ring (Mayo, Fine Gael)
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Is the Minister saying the Attorney General has confirmed to him that there is a conflict? I raise the question because I read about this in Foinse some months ago and several people who have dual membership of both contacted me. They are concerned that they might find themselves in a position where they will have to make a decision whether to remain as members of Údarás na Gaeltachta or the county council.

As the Minister will be aware, I brought a case to the High Court in regard to allowing Oireachtas Members stand in council elections. I did not pursue the matter to the Supreme Court but I continue to feel strongly about it and believe I was correct. Many of the Minister's colleagues tell me now they wish they had given me more support and that they had not let the legislation go through the Dáil but the legislation is now in place.

I seek clarity from the Minister on his own view and that of the Government, as it was he and his Government that introduced the dual mandate. Does the Minister believe we should have a dual mandate in respect of people being members of the board of Údarás na Gaeltachta and of a local authority? Is that contradictory to Government policy? Current Government policy is that one cannot be a Member of the Oireachtas while being a member of a county council. What is the Minister's thinking on that? The Minister is due to bring an Údarás na Gaeltachta Bill before the House. Will there be any references to this issue in that Bill?

Éamon Ó Cuív (Galway West, Fianna Fail)
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It was in the context of a new Bill we were drafting at the time that the issue arose, and it is an issue of appropriateness. It is because of specific issues regarding a dual role on a specific issue, i.e. under the 2000 Act Údarás na Gaeltachta has planning remits, and who is it advising only itself. The real issue in drafting a new Bill, is if it would be appropriate for people to be members of the two bodies. The answer to the question lies in the functions given to Údarás na Gaeltachta. The Deputy is asking a question of policy and whether someone should be on a local authority while being a member of Údarás or what happens should an issue arise regarding the person who is on the board of Údarás and is also a Member of the Oireachtas. Currently, it is legal to be both a Member of the Oireachtas and a member of Údarás na Gaeltachta. In fact, there is an Oireachtas Member who is a member of the board of Údarás, and obviously that person cannot be a member of a local authority. That is a question of policy.

The other issue depends on the functions that are given to Údarás and whether it is appropriate because of those functions overlapping local authority functions for the people to be on the two bodies. It was not a general philosophical question such as that the Deputy is raising. It was more to do with specific functions both bodies might have that would overlap.

Michael Ring (Mayo, Fine Gael)
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I put it to the Minister again as it concerns me that in the last election for the European Parliament one could not be a Member of the European Parliament and a Member of the Dáil. It was not practical or possible but even now, if a Member of the Dáil stands for the European Parliament and he or she is elected, he or she must cease membership of the Dáil on the day he or she is elected to the European Parliament.

I am aware the Minister is currently drafting the Bill in regard to Údarás and the Údarás elections to bring it before the Oireachtas. I understand he may be considering giving further powers to Údarás members — the Minister can confirm or deny that — in terms of planning, something I would not disagree with. There is no reason an Údarás board should not deal with the planning applications. In some cases, similar to central Government, some members of local authorities do not have an understanding of the Údarás, rural areas and rural life. It might not be a bad thing to return some of those powers back to the people instead of taking them away from them.

As a member of a Government that introduced and then abolished the dual mandate in respect of Dáil and Europe and a member of the Dáil and the county council, is it hypocritical for the Government to say, on the one hand, that people cannot be a Member of the Dáil and a local authority while, on the other, it is fine to be a member of a county council and the Údarás? The Minister might answer that straight question.

Éamon Ó Cuív (Galway West, Fianna Fail)
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The Government has no problem with a person being a member of a town council and a local authority but the person cannot be a member of two local authorities or a Member of the Oireachtas and a member of a local authority. Those issues fall to be considered in the context of the new Bill and much of what will decide our final thinking will be the shape of Údarás na Gaeltachta following our conclusions on the study. I cannot go ahead until then. The answer to the Deputy's question is that to make a final decision on the dual mandate issue, if we want to call it that, between local authorities and Údarás na Gaeltachta ahead of deciding what Údarás will be and the powers and functions it will have is putting the cart before the horse. Until now, and it is clear from the previous legislation I brought in, I did not see a particular difficulty with being a member of both bodies but the issue arises to be considered, depending on the powers we give Údarás and the relationship — and this is the major issue that arose — between Údarás and the local authority in terms of powers.