Dáil debates

Wednesday, 28 February 2024

Local Government (Mayor of Limerick) and Miscellaneous Provisions Bill 2023: From the Seanad

 

The Dáil went into Committee to consider amendments from the Seanad.

3:45 pm

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Amendments Nos. 1, 2, 19, 20, 22 and 56 are related and may be discussed together. Is that agreed? Agreed.

Seanad amendment No. 1:

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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These amendments propose that three new provisions be inserted to Part 8 along with consequential amendments to the Long Title, the collective citation and the commencement provisions. These are housing activation measures. The first substantive provision proposes an amendment to the Housing Finance Agency Act 1981 to allow for the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform regarding the Housing Finance Agency borrowings and to increase the statutory borrowing limit from €10 billion to €12 billion.

The second is an amendment to the National Treasury Management Agency (Amendment) Act 2014. It would permit the Minister for Finance to direct the National Treasury Management Agency to provide the proceeds of the disposal of directed investments to the Land Development Agency, LDA. It also includes the consent of the Minister for Public Expenditure, NDP and Reform in the provision of funds from the Ireland Strategic Investment Fund, ISIF, to the LDA. The third is an amendment to the Land Development Act 2021 to make provision for the LDA to raise funds through the performance of certain functions and through measures outlined in the Affordable Housing Act.

I propose to speak to each of the amendments in turn in more detail. Amendment No. 19 amends section 10(1) and 10(3) of the Housing Finance Agency Act 1981, which relates to Housing Finance Agency borrowing. It solidifies the requirement for the consent of the Minister for Public Expenditure, NDP and Reform for borrowings. In the interests of the Exchequer, it is appropriate to include a legal requirement securing the interest of the Minister. The change would be consistent with similar provisions on the Statute Book, for example, in relation to borrowing by Uisce Éireann. Action No. 18.5 in Housing for All requires my Department to legislate to increase the borrowing capacity of the Housing Finance Agency to €12 billion, with a review in two years, to support the local government sector in land acquisition and delivery of social and affordable homes. This amendment will provide that the Housing Finance Agency is sufficiently financed in this quarter to carry out its functions without disruption in 2024. Officials in my Department have received a report from NewERA providing analysis and observations in respect of the financial and commercial aspects of the proposed increase to the statutory borrowing limit. This report has been shared with the Minister for Finance, who has given his agreement to the increased borrowing limit.

Amendment No. 20amends section 42B of the National Treasury Management Agency (Amendment) Act 2014. It relates to the provision of funds from the ISIF to the LDA. The amendment provides a requirement for the consent of the Minister for Public Expenditure, NDP Delivery and Reform for the provision of funds from the fund to the LDA, and for the payment of money to the LDA from the proceeds of the disposal of a directed investment. It further provides for the payment of money to the Land Development Agency from the disposal of a directed investment to be limited to €1.25 billion.

Amendment No. 22inserts a new Section 32A into Part 3 of the Land Development Agency Act 2021. It provides for the LDA to raise up to €1.25 billion in additional funding through the performance of certain functions outlined in the Act, and through measures outlined in the Affordable Housing Act 2021. This amendment is necessary to ensure the agency has adequate access to funds to deliver the 14,000 homes projected in its 2024 to 2028 business plan in light of changes to the balance of market rate and social and affordable housing required of the LDA. The additional funds will complement the investment of a further €1.25 billion in ISIF funding provided for in amendment No. 20. The amendment requires the consent of the Minister for Finance and the Minister for Public Expenditure, NDP Delivery and Reform for funds to be raised in this manner.

Amendments Nos. 1 and 2 amend the collective citation and commencement provisions in section 1 to take account of the miscellaneous provisions being added and the various Acts being amended by this Bill. Amendment No. 56is an amendment to the Long Title of the Bill to ensure it reflects the amendments to the Housing Finance Agency Act 1981, the National Treasury Management Agency (Amendment) Act 2014 and the Land Development Agency Act 2021. Given the critical role of the Housing Finance Agency and the LDA and the importance of providing more social and affordable housing, I ask Members to support these amendments.

Seanad amendment agreed to.

Seanad amendment No.2:

Seanad amendment agreed to.

3:55 pm

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Seanad amendments Nos. 3, 4, 15 to 18 inclusive, 21, and 49 to 55, inclusive, are related and may be discussed together.

Seanad amendment No. 3:

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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I will speak to amendments Nos. 3, 4, 15 to 18, inclusive, 21 and 49 to 55, inclusive. These are minor technical and drafting amendments. Amendments No. 3 and 4 to sections 23 and 25 aim to ensure a consistency of language across various sections. Amendments No. 15 to 18, inclusive, and 21 to existing sections 65 and 66 are of a technical drafting nature and there is no change to the substantive provisions therein. The collective citation of the Affordable Housing Acts has been relocated to section 1. Amendments No. 49 to 53, inclusive, and 55 to the chapeaus to the modifications of sections of the Local Government Act 2001 set out in Schedule 3 are to ensure a consistency of language throughout that Schedule. Amendment No. 54 is also a technical amendment to Schedule 3. It makes a minor edit to the modification to section 174(7)(e) which provides for the mandatory reporting of a breach of ethics by a member of Limerick City and County Council who is not the príomh chomhairleoir or the mayor. In this circumstance, the ethics registrar brings the breach to the attention of the príomh chomhairleoir, the mayor and the director general. Previously this paragraph specified a breach of ethics by a member of Limerick City and County Council excluding the príomh chomhairleoir and in error did not also exclude the mayor. Paragraph (bb) already deals with reporting requirements where the breach is by the mayor.

Seanad amendment agreed to.

Seanad amendment No. 4:

Seanad amendment agreed to.

Seanad amendment No. 5:

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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Can I speak to amendment No. 5?

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I will let the Minister tell us about it first and then I will go to Deputy Quinlivan.

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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Regarding amendment No. 5, section 27 provides that the mayor may delegate in writing certain of his or her functions to the director general. This applies only to the functions that transferred from the chief executive to the mayor when he or she assumed office. This amendment requires that the elected members of Limerick City and County Council are notified when a function has been delegated to the director general or where a delegation has been revoked. This amendment arises from the discussion of the matter on Committee Stage in the Seanad and an amendment I tabled on Report Stage in that House. It is a positive addition to the Bill and aligns well with a similar provision in section 154 of the Local Government Act 2001 regarding delegations made by the chief executive. I ask Members to support it.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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I will speak to this amendment and a number of other amendments. We tabled a number of amendments ourselves.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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No, we are sticking with amendment No. 5 now. We have to stick with that.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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I am sticking with amendment No. 5.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Good.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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Can I speak on the Bill itself?

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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No.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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As part of amendment No. 5.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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We are dealing specifically with amendment No. 5.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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Yes, and that amendment talks about the functions-----

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Go on.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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I want to talk about the lack of functions in the entirety of the Bill.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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This has been through Second Stage and has been through the Seanad. It has been teased out and we are dealing here with amendments from the Senate, so really-----

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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The amendments from the Seanad-----

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I do not want to be awkward but we should be dealing with the amendment before us and not with anything else.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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The amendment is about the functions that are there or not there.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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It is not about the functions that are not there.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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Okay, I will not speak on it then.

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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It is about delegate functions.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Go on, Deputy. Say whatever you want to say.

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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To be helpful, it is about delegate functions.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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He understands what you are saying, Minister.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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Can I speak or not speak? There are two hours for this debate.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Okay. Go on. Take two hours if you want.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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I will not take two hours, in fairness. I wanted to make some comments on the Bill. We have been through this for a number of years. We have been waiting for it for almost five years so it is not remiss of me to ask for a couple of minutes to speak on the Bill.

I wanted to speak on a couple of amendments, but I can condense it all to one amendment here. As I have said, we believe the Bill as it stands falls short of meaningful change in local government and offers us an elected mayor with only limited functions and responsibilities. It certainly is not the beacon of hope or progress that other local authorities would aspire to, unfortunately. The continual delays in bringing forward the legislation, coupled with the lack of real powers for the elected mayor will only serve to dampen support for the role. The plebiscite in 2019 was defeated in Cork and Waterford and was only narrowly carried in Limerick. Unfortunately, there is nothing in this legislation that would persuade those who were sceptical then to support the position now. Before the first mayor in this new office has been elected, we face a challenge in ensuring a level of public interest in the establishment of the office and the election of somebody to this office. There needs to be a public information campaign to make sure people are aware a new role is being established. While I welcome the fact we are finally at the end stage of the Bill, four and half years after the proposal was voted on, there are crucial functions that were not included or were fudged to such a degree that the role does not reflect what was promised before or since the plebiscite.

I had previously submitted a number of amendments and outlined some of my party’s concerns with the Bill.

Sinn Féin proposed 11 amendments that if adopted would have given the role of mayor some real power and several additional functions devolved from central government. Unfortunately these were rejected. I am not sure yet whether the amendments from the Seanad will be accepted by the Government. However, we must now accept the watered-down version of what should and could have been the most fundamental change to local government in decades. Proposals such as the mayor having the authority to select his or her own staff from existing council staff, the adaptation of additional functions that included a crucial oversight role in the regeneration programme and the opportunity for local councillors to propose amendments to the mayoral programme were all rejected by the Government.

As I said previously, the Bill we are left with is a victory for the County and City Management Association, which never wanted this new position. However, unfortunately the most important powers and functions will remain under the authority of the newly created director general, a position that is simply a new title for the chief executive role.

The implementation advisory group made several suggestions around devolved functions from central government. Very few, if any, are contained in the Bill in its current form. This is a missed opportunity to enhance local government and for Limerick to act as an example for other local governments to follow. The legislation does not offer the opportunity for those ambitions to be met. However, after years of delay, the people will vote on this position in June so at least that is welcome. Hopefully this is a role that can be enhanced and developed over the years. I look forward to the Bill being enacted finally. I look forward to the election in June. I hope another government, or different governments, can enhance the role going forward.

4:05 pm

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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I thank Deputy Quinlivan. My apologies, I was not trying to frustrate you on that. The amendment seems to allow the democratically elected mayor, to whom responsibilities are devolved, to devolve them back again to the chief executive, from whom they were taken in the first place. That is very interesting.

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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There is a slight clarification to that point. Currently under section 154 of the Local Government Act 2001, the CEO can delegate functions to staff within the local authority. However, the CEO continues to be responsible for those activities. Similarly, we made an amendment to the legislation whereby the mayor is entitled to delegate the carrying out of functions to the DG, which was the CEO, but the mayor continues to be responsible to the Chamber for those functions. We see it as an administrative measure in terms of consistency with what is there at the moment. Where responsibility for carrying out functions currently lies with the CEO, those functions will now lie with the mayor. In terms of the administration of those functions, as the CEO can currently do with the staff, in turn the mayor will now be able to do with the DG. We see that as a positive measure in terms of the administration of the activities in the local authority. Does that give clarification, a Cheann Comhairle?

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Yes. It does not matter whether I understand it or not.

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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I will go through the points made by Deputy Quinlivan. I am conscious that people voted by plebiscite to bring in a directly elected mayor, but 48% of the people of Limerick had reservations and voted against it. We need to bring those people with us. In regard to staff, we tabled an amendment on Report Stage in the Dáil. This was something that Deputies Quinlivan and Mitchell and others looked for whereby the staff would be selected in consultation with the mayor. The staff remain overall under the responsibility of the DG, just as staff in a Government Department are under the DG of a Department. Furthermore, in regard to staff being appointed, four staff within the local authority are appointed to the mayor's office in consultation with the mayor. It will involve the mayor interviewing with human resources in the council. The mayor can appoint his or her own special adviser, external to the organisation, or if preferred can bring in a person from within the organisation. Some excellent people work in Limerick City and County Council.

The other issue addressed was in grouping 6, on regeneration. It is a point well made. I tabled amendment No. 8 on Report Stage in the Seanad under section 32 of the Bill. I have now put in a specific section. We felt it was covered under section 32(e). Section 32(d) looks at the co-ordination in Limerick of measures giving effect to Government policy concerning the regeneration of towns. I put in the co-ordination of further regeneration in Limerick. That covers all regeneration projects. The legislation itself - again, I return to what the people voted for - is in line with the general scheme. We want it to be put in place to ensure the election can take place on the same day as the local elections. What the people voted for democratically in Limerick will take place.

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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We spoke earlier about the role of the mayor and why we submitted those amendments. We were concerned that the mayor would potentially be a celebrity-type mayor who is elected and devolves a great many of the powers to the CEO, and could take on a second job. We tried to stop that. Those amendments were defeated. We believe this is a new position that should be a beacon across the State. Waterford rejected it in a plebiscite in 2019, as did Cork. Limerick narrowly accepted it. We campaigned for it and it is going ahead. If we had delivered a stronger mayor with defined roles, who cannot devolve the responsibilities given to him or her and cannot take on a second job if he or she wishes, we would have a stronger mayor that other counties and local authorities would then demand for themselves by plebiscite.

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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We have debated this at length. This Bill has had 20 hours of debate - four days in the Dáil and four days in the Seanad. We can agree to differ. We have put in place something that will bring about a very good mayor. It is based on what the public voted for. Certain functions stay with the CEO, now to be called the director general. Amendment No. 5 specifically is about being consistent with what is there at the moment, whereby a CEO can delegate functions to any of his or her staff while ultimately being responsible to the Chamber. In this case the mayor can delegate functions to the DG but is ultimately responsible to the Chamber for carrying them out. It is an administrative measure that we see as positive. We look forward to seeing the legislation coming into force. Under the legislation, it has to be reviewed within a period of three years. It can be reviewed much earlier. That is up to the Ministers or the mayor. We have a consultative forum that interacts. We are putting forward what we believe is workable legislation that will make a positive contribution to local government in Limerick. It provides for a democratically elected mayor with the mandate, the means and the structure to carry out his or her duties as set out under the legislation.

Seanad amendment agreed to.

Seanad amendment No. 6:

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Amendment No. 6 and amendments Nos. 9 to 14, inclusive, are related and may be discussed together.

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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There was some discussion on Committee Stage in the Seanad about the importance of ensuring the membership of the delivery board and the transport subgroup of that board includes a person who has relevant climate expertise. More generally, we discussed how to reflect the role of the mayor in relation to climate matters in the new structures under the Bill. I indicated that I would consider the issue in the round. Subsequently, I introduced amendments on Report Stage in the Seanad to address this matter, which we are discussing in this grouping.

Amendment No. 6 and amendments Nos. 9 to 14, inclusive, propose changes to sections 33 and 34, which relate to the Limerick Project Ireland 2040 delivery board and the transport subgroup of that board. Amendments Nos. 9 and 12 are similar in nature and propose that when the mayor is appointing persons to the delivery board and to the transport subgroup, he or she will consult the EPA to ensure that a person with the relevant climate expertise is on each committee. Section 33 relates to the Project 2040 delivery board and section 34 relates to the transport subgroup.

Amendments Nos. 11 and 14 are similar in nature and propose that both the delivery board and transport subgroup, chaired by the mayor, would have a role in supporting the implementation of the climate action plan for Limerick. As the transport subgroup is a subcommittee of the delivery board, it is appropriate that these requirements apply to both committees.

Amendment No. 6 proposes a definition in section 29 of the Bill for the Climate Action and Low Carbon Development Act 2015, referenced in a number of these amendments. Amendments Nos. 10 and 13 are minor technical drafting amendments that are consequential to the substantive amendments. I trust that Members will support these amendments.

Seanad amendment agreed to.

Seanad amendment No. 7:

4:15 pm

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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Amendment No. 7 proposes to amend section 31(4) regarding the mayoral programme. The mayor must present a draft of their mayoral programme for consideration by the elected council at a council meeting. As currently drafted, the members would receive a copy of the draft mayoral programme seven days before the meeting. This amendment would extend that period to 14 days. This issue was discussed in the Seanad. I believe a longer period for elected members to consider the programme is appropriate. I trust that Members can support this.

Seanad amendment agreed to.

Seanad amendment No. 8:

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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Amendment No. 8 adds two new functions to the mayoral advisory and implementation committee at paragraphs (d) and (g) of section 32(5). These are in the areas of nature, biodiversity and sustainability and regeneration projects in Limerick. There is also some re-ordering of paragraphs. That is the technical point.

The importance of having regard to nature, biodiversity and sustainability was a recurring theme of the debate on Committee Stage. I undertook to consider whether there was a benefit to making a specific provision in the Bill to give effect to the concerns raised. I am satisfied that a clear reference to promoting, fostering and supporting conservation and restoration of nature, protecting and enhancing biodiversity and sustainably developing Limerick adds a valuable statement of intent to the role of mayor. Regeneration was another theme at committee. The regeneration of Limerick has been high on the agenda for many years, and Deputies Quinlivan and Leddin referenced it earlier in the debate. While there were already a number of references to regeneration in the Bill, I am pleased to make further explicit provision for the mayor’s role in the co-ordination of other regeneration projects in Limerick. This provision will encompass the redevelopment in Limerick city through the reporting relationship of the Limerick 2030 DAC, but will also allow the mayor to drive the Limerick regeneration framework implementation plan and any successor plans that it may have. In addition, this provision will clarify the role of the mayor in regeneration measures for Limerick county beyond what is already provided for. I ask that Members support this amendment.

Seanad amendment agreed to.

Seanad amendment No. 9:

Seanad amendment agreed to.

Seanad amendment No. 10:

Seanad amendment agreed to.

Seanad amendment No. 11:

Seanad amendment agreed to.

Seanad amendment No. 12:

Seanad amendment agreed to.

Seanad amendment No. 13:

Seanad amendment agreed to.

Seanad amendment No. 14:

Seanad amendment agreed to.

Seanad amendment No. 15:

Seanad amendment agreed to.

Seanad amendment No. 16:

Seanad amendment agreed to.

Seanad amendment No. 17:

Seanad amendment agreed to.

Seanad amendment No. 18:

Seanad amendment agreed to.

Seanad amendment No. 19:

Seanad amendment agreed to.

Seanad amendment No. 20:

Seanad amendment agreed to.

Seanad amendment No. 21:

Seanad amendment agreed to.

Seanad amendment No. 22:

Seanad amendment agreed to.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Amendments Nos. 23 to 48, inclusive, are related and may be discussed together.

Seanad amendment No. 23:

Schedule 1: In page 79, to delete lines 7 to 17 and substitute the following: No. 37 of 2001 Local Government Act 2001 Sections 11(5)(b), 11(8),

31(4)(a), 31(5), 31(7), 31(9),

31(11), 33, 34(2)(e), 36, 37,

38, 104(7)(a), 133(6)(a),

134(4)(b), 140(8), 141(1)(b),

141(4), 142(2)(a), 142(5)(f),

143(1), 147, 148, 158(3),

174(8), 178(2)(b), 178(5),

180(3)(a), 189(9), 190(9),

216(2)(a), 219(1) and

220(1)

4:25 pm

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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I will speak to amendments Nos. 23 to 48, inclusive, which are grouped together for discussion. These are amendments to the existing tables in Part 1 and Part 2 of Schedule 1, which list the functions of the Príomh Chomhairleoir and the director general, respectively. Amendment No. 23 deletes section 74(1)(b) as a function of the Príomh Chomhairleoir. Section 74 provides that a local authority may confer a civic honour, such as admission to honorary freedom of its area, on distinguished persons. This is a reserved function and ultimately a matter for the full council. Section 74(1)(b) provides that currently the Cathaoirleach may propose a person for a civic honour. As agreed with Members during Dáil Report Stage, and in particular with Deputy McNamara, this amendment would remove section 74(1)(b) as a function of Príomh Chomhairleoir and vest this particular civic function in the mayor.

Amendments Nos. 24 to 48, inclusive, relate to Schedule 1, Part 2 of the Bill. Schedule 1, Part 2 sets out the executive functions to be retained by the director general and which will not to transfer to the mayor. I emphasise that the mayor will be responsible for many of the executive functions of Limerick City and County Council. Only certain categories of executive function will remain with the director general. We have discussed the functions with regard to staff, administration of schemes, planning and those general areas, and that was put by way of plebiscite. The executive functions to be retained by the director general were substantially dealt with on Dáil Report Stage. These amendments insert some additional provisions to the Schedule relating to responsibilities contained in various legislation. I confirm to Deputies that all new functions identified are in line with the agreed policy approach in the general scheme and the type of functions already in the Bill, and in line with what was put to the people by way of plebiscite. On that basis, I ask Members to support these amendments.

Seanad amendment agreed to.

Seanad amendment No. 24:

Schedule 1: In page 79, between lines 36 and 37, to insert the following: No. 23 of 1941 Local Government Act 1941 Sections 60, 61 and 62

Seanad amendment agreed to.

Seanad amendment No. 25:

Schedule 1: In page 80, between lines 5 and 6, to insert the following: No. 29 of 1964 Local Government (Sanitary Services) Act 1964 The whole Act.

Seanad amendment agreed to.

Seanad amendment No. 26:

Schedule 1: In page 80, between lines 16 and 17, to insert the following: No. 39 of 1976 Wildlife Act 1976 The whole Act.

Seanad amendment agreed to.

Seanad amendment No. 27:

Schedule 1: In page 80, between lines 23 and 24, to insert the following: No. 21 of 1983 Local Government (Financial Provisions)(No. 2) Act 1983 Sections 2, 3, 5, 6 and 7.

Seanad amendment agreed to.

Seanad amendment No. 28:

Schedule 1: In page 80, between lines 35 and 36, to insert the following: No. 14 of 1990 Derelict Sites Act 1990 The whole Act

Seanad amendment agreed to.

Seanad amendment No. 29:

Schedule 1: In page 81, between lines 9 and 10, to insert the following: No. 31 of 1997 Prompt Payment of Local Accounts Act 1997 The whole Act. No. 16 of 1998 Local Government Act 1998 Sections 5, 6(2), 7 and 12.

Seanad amendment agreed to.

Seanad amendment No. 30:

Schedule 1: In page 81, to delete lines 17 to 28 and substitute the following: No. 30 of 2000 Planning and Development Act 2000 Sections 5, 7, 8, 18(3), 22, 31I(3), 31AI(4), 31AW(2), 57, 59, 60, 61, 69, 70, 71 to 79, 82, 83, 87, 88, 89, 90, 96, 96B, 97, 101, 147, 148, 170, 178, 178A, 179A, 180, 182, 206, 208, 209, 216, 217, 217B, 219, 247, 248, 249, 252, 254, 261 and 261A; Part III; Chapters III and IV of Part VI; Parts VIII, X, XA, XII, XVI, XVII and XXI.

Seanad amendment agreed to.

Seanad amendment No. 31:

Schedule 1: In page 81, between lines 28 and 29, to insert the following: No. 38 of 2000 Wildlife (Amendment) Act 2000 The whole Act, other than Part VA.

Seanad amendment agreed to.

Seanad amendment No. 32:

Schedule 1: In page 81, after line 55, to insert the following: No. 30 of 2007 Water Services Act 2007 The whole Act.

Seanad amendment agreed to.

Seanad amendment No. 33:

Schedule 1: In page 82, between lines 14 and 15, to insert the following: No. 14 of 2014 Protected Disclosures Act 2014 The whole Act.

Seanad amendment agreed to.

Seanad amendment No. 34:

Schedule 1: In page 82, between lines 23 and 24, to insert the following: No. 33 of 2015 Urban Regeneration and Housing Act 2015 Part 2.

Seanad amendment agreed to.

Seanad amendment No. 35:

Schedule 1: In page 82, to delete lines 24 and 25 and substitute the following: No. 24 of 2019 Local Government Rates and Other Matters Act 2019 Sections 4, 5, 7, 8, 9, 10, 12, 13 and 16.

Seanad amendment agreed to.

Seanad amendment No. 36:

Schedule 1: In page 82, to delete lines 28 to 35 and substitute the following: No. 28 of 2022 Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Act 2022 The whole Act. No. 48 of 2022 Water Environment (Abstractions and Associated Impoundments) Act 2022 Sections 90, 91, 97, 101 and

108.

Seanad amendment agreed to.

Seanad amendment No. 37:

Schedule 1: In page 82, between lines 39 and 40, to insert the following: No. 1 of 2024 Policing, Security and Community Safety Act 2024 Sections 117 and 118(4).

Seanad amendment agreed to.

Seanad amendment No. 38:

Schedule 1: In page 84, between lines 23 and 24, to insert the following: S. I. No. 580 of 2012 European Communities (Late Payment in Commercial Transactions) Regulations 2012 The whole instrument.

Seanad amendment agreed to.

Seanad amendment No. 39:

Schedule 1: In page 84, between lines 46 and 47, to insert the following: S.I. No. 297 of 2016 European Union Habitats (Tory Hill Special Area of Conservation 000439) Regulations 2016 The whole instrument. S.I. No. 298 of 2016 European Union Habitats (Clare Glen Special Area of Conservation 000930) Regulations 2016 The whole instrument. S.I. No. 299 of 2016 European Union Habitats (Glen Bog Special Area of Conservation 001430) Regulations 2016 The whole instrument. S.I. No. 221 of 2017 European Union Habitats (Carrigeenamronety Hill Special Area of Conservation 002037) Regulations 2017 The whole instrument.

Seanad amendment agreed to.

Seanad amendment No. 40:

Schedule 1: In page 84, between lines 48 and 49, to insert the following: S.I. No. 617 of 2017 European Union Habitats (Askeaton Fen Complex Special Area of Conservation 002279) Regulations 2017 The whole instrument. S.I. No. 25 of 2018 Housing (Rebuilding Ireland Home Loans) Regulations 2018 The whole instrument. S.I. No. 354 of 2018 European Union (Invasive Alien Species) (Freshwater Crayfish) Regulations 2018 The whole instrument. S.I. No. 419 of 2018 European Union Habitats (Glenstal Wood Special Area of Conservation 001432) Regulations 2018 The whole instrument.

Seanad amendment agreed to.

Seanad amendment No. 41:

Schedule 1: In page 84, between lines 50 and 51, to insert the following: S.I. No. 209 of 2019 European Union Habitats (Curraghchase Woods Special Area of Conservation 000174) Regulations 2019 The whole instrument. S.I. No. 329 of 2019 European Union Conservation of Wild Birds (River Shannon and River Fergus Estuaries Special Protection Area 004077) Regulations 2019 The whole instrument.

Seanad amendment agreed to.

Seanad amendment No. 42:

Schedule 1: In page 85, between lines 8 and 9, to insert the following: S. I. No. 116 of 2020 European Union Habitats (Galtee Mountains Special Area of Conservation 000646) Regulations 2020 The whole instrument.

Seanad amendment agreed to.

Seanad amendment No. 43:

Schedule 1: In page 85, between lines 10 and 11, to insert the following: S. I. No. 367 of 2020 Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2020 The whole instrument.

Seanad amendment agreed to.

Seanad amendment No. 44:

Schedule 1: In page 85, between lines 16 and 17, to insert the following: S. I. No. 344 of 2021 European Union Habitats (Ballyhoura Mountains Special Area

of Conservation 002036) Regulations 2021 The whole instrument.

Seanad amendment agreed to.

Seanad amendment No. 45:

Schedule 1: In page 85, between lines 19 and 20, to insert the following: S.I. No. 701 of 2021 Housing Loans Regulations 2021 The whole instrument.

Seanad amendment agreed to.

Seanad amendment No. 46:

Schedule 1: In page 85, between lines 33 and 34, to insert the following: S. I. No. 561 of 2022 European Union Habitats (Barrigone Special Area of Conservation 000432) Regulations 2022 The whole instrument.

Seanad amendment agreed to.

Seanad amendment No. 47:

Schedule 1: In page 85, between lines 37 and 38, to insert the following: S. I. No. 328 of 2023 European Union Habitats (Lower River Shannon Special Area of Conservation 002165) Regulations 2023 The whole instrument.

Seanad amendment agreed to.

Seanad amendment No. 48:

Schedule 1: In page 86, after line 7, to insert the following: S. I. No. 696 of 2023 Local Government Rates (Financial Procedures) Regulations 2023 The whole instrument.

Seanad amendment agreed to.

Seanad amendment No. 49:

Schedule 3: In page 145, to delete lines 25 to 29 and substitute the following: 15. Section 132 Section shall, in addition to its applying in respect of the functions of the director general, apply in respect of the functions of the Mayor as if—

Seanad amendment agreed to.

Seanad amendment No. 50:

Schedule 3: In page 150, to delete lines 6 to 13 and substitute the following: 19. Section 138 Section shall, in addition to its applying in respect of the functions of the director general, apply in respect of the functions of the Mayor as if “Mayor of Limerick” were substituted for “chief executive” in each place that it occurs.

Seanad amendment agreed to.

Seanad amendment No. 51:

Schedule 3: In page 150, to delete lines 48 to 53 and substitute the following: 23. Section 149 Section shall, in addition to its applying in respect of the functions of the director general, apply in respect of the functions of the Mayor as if—

Seanad amendment agreed to.

Seanad amendment No. 52:

Schedule 3: In page 152, to delete lines 3 to 8 and substitute the following: 24. Section 151 Section shall, in addition to its applying in respect of the functions of the director general, apply in respect of the functions of the Mayor as if—

Seanad amendment agreed to.

Seanad amendment No. 53:

Schedule 3: In page 153, to delete lines 20 to 24 and substitute the following: 25. Section 153 Section shall, in addition to its applying in respect of the functions of the director general, apply in respect of the functions of the Mayor as if—

Seanad amendment agreed to.

Seanad amendment No. 54:

Schedule 3: In page 156, to delete lines 33 to 43 and substitute the following: - - (e) the Príomh Chomhairleoir of Limerick City and County Council, the director general of Limerick City and County Council and the Mayor of Limerick, in case the matter relates to a member of Limerick City and County Council (other than the Príomh Chomhairleoir of Limerick City and County Council or the Mayor of Limerick), and

Seanad amendment agreed to.

Seanad amendment No. 55:

Schedule 3: In page 161, to delete lines 18 to 25 and substitute the following: 36. Section 229 Section shall, in addition to its applying in respect of the functions of the director general, apply in respect of the functions of the Mayor as if “Mayor of Limerick” were substituted for “chief executive” in each place that it occurs.

Seanad amendment agreed to.

Seanad amendment No. 56:

Seanad amendment agreed to.

Seanad amendments reported.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Agreement to the Seanad amendments is reported to the House. A message will be sent to Seanad Éireann acquainting it accordingly.

I will allow Members to make a final comment if they wish.

Photo of Brian LeddinBrian Leddin (Limerick City, Green Party)
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This is a very historic occasion. I commend the Minister of State, Deputy O'Donnell, for his stewardship of the legislation in his tenure in this Department and also commend his predecessors, the Ministers of State, Deputy Peter Burke and, before him, Deputy John Paul Phelan, who I think was the real instigator of this legislation. This truly is a historic day in that Limerick alone decided we would have a directly elected mayor, and we are the first in Ireland to do it. It is not the first time that Limerick has been the first to do something and it is a credit to the people of Limerick. I want to credit Deputy Quinlivan for the efforts he made in pressing and performing his function as an Opposition Deputy for Limerick. The Government and the Opposition have worked together very well. We have landed on something that is the right balance between the devolution of powers and giving that franchise to the people of Limerick, and I expect that we will have an election in June. Others are also to be commended. There are external stakeholders who really pressed and helped to shape this legislation and, indeed, they campaigned back in 2019. Senator Maria Byrne deserves credit for leading that effort in 2019, which I acknowledge.

As people know, I am a candidate. I do not want to use this platform to advocate for myself but I want to acknowledge that other candidates have entered the race as of yesterday, so it is “game on”. I think we have good candidates and more will enter the race. Those who have announced are very credible candidates.

It is a measure of the legislation that it is a meaningful office that is being created here today. I look forward to a healthy and productive debate in the months ahead. In June, Limerick will have a directly elected mayor for the first time. That person will be the first directly elected mayor in Ireland's history.

4:35 pm

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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Does Deputy Quinlivan want to throw down the gauntlet himself?

Photo of Maurice QuinlivanMaurice Quinlivan (Limerick City, Sinn Fein)
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We will see. I thank the Minister of State, Deputy O'Donnell, for getting this over the line. We disagreed on some of it but, as Deputy Leddin said, this is a historic day for Limerick and I hope this is something we will all be proud of in the years ahead. I put on record my thanks to the former Minister of State, Deputy John Paul Phelan, who initiated the Bill back in 2023, and to the Minister of State, Deputy Peter Burke, who shepherded it as best he could through the Houses. I thank Tim O'Connor of the implementation group, who did sterling work, and everybody who contributed to that project. I also thank the witnesses who came to the extensive committee meetings we held on the matter and the Members who participated in them. They were quite good. I especially thank Oireachtas Members, including my colleague, Deputy Denise Mitchell, and particularly those Members from Limerick, who contributed to parts of the debate, whether in the committee, in the Seanad or here in the Dáil.

I remind the Government that it should come up with some sort of funding to publicise the election. It would have been much better if we had a stand-alone election. We are not going to have one and I am afraid that some people will not understand that we are having a second different election or the importance of the new role we are developing. It is going to be difficult for some people to vote because they will be getting ballot papers for the local elections, the European elections, the referendum on the unified patent court and the Limerick mayoral election. People in Limerick will be getting four ballot papers on the day of the election. It is a good day for Limerick. We finally got here. It is great to get it over the line. I hope to see it progress and I hope to see the mayor doing well, whoever he or she will be. I hope the role will be enhanced over the years.

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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It is indeed a historic day for Limerick. This is something I am incredibly proud to have brought through the Houses of the Oireachtas. Limerick is really leading the way. This is probably one of the most significant reforms in local government since the foundation of the State. The legislation also allows for plebiscites for all local authorities. We hope that many will take up this offer and go forward with establishing their own directly elected mayors. It is absolutely groundbreaking.

The directly elected mayor will have a mandate as a result of being elected by the people. He or she will have the means as additional Exchequer funding in the order of €40 million for the mayoral programme will be coming to Limerick over the term. Structures will also be provided. The mayor will interact with Government in plenary sessions at least twice a year but as often as either side wishes. They will rank equally at those sessions. Furthermore, the mayor will have his or her own mayoral programme and will bring all of the stakeholders together in that regard. It is very much about delivering on the ambitions for the office. The mayor will take on a lot of the executive role currently held by the CEO along with a range of new functions. The mayor will bring the budget to the chamber, which is currently done by the CEO. He or she will bring all development plans to the chamber, which is also currently done by the CEO. That budget is of the order of €600 million a year. It is a substantial budget. Voting for this office will allow the people of Limerick a greater say in how services and infrastructure are delivered and in how Limerick develops.

I thank Members across the Oireachtas. This Bill has been given 20 hours of debate comprising an equal amount, more than ten hours, in the Dáil and the Seanad. It has been rigorously debated and the contribution from Opposition and Government TDs and Senators has been quite significant. I have taken on quite a number of amendments because I want to make the legislation as robust as possible. I have taken on amendments in both in the Dáil and the Seanad. It is very important.

I acknowledge the contribution of the implementation advisory group chaired by Tim O'Connor. It did great public service for the people of Limerick and Ireland. I also acknowledge the work of my predecessors, the Minister of State, Deputy Peter Burke, and the former Minister of State, Deputy John Paul Phelan, who did a great deal of work on this. I acknowledge the input of the councillors and officials in Limerick City and County Council. In developing the legislation, they have been open and engaging. Change is never easy but I have sought to ensure that the reserved powers of the councillors do not change. The mayor will bring added value. Limerick will be the first city and county in Ireland to have a directly elected mayor to which people visiting from abroad can come. I hope Limerick will lead the way and that other local authorities will follow suit.

Cabinet decided to hold the election on the same day as the local elections, which will be held between 6 June and 9 June. People will appreciate that we could not roll out any public awareness campaign until the legislation was finalised and passed in the House. The fact that there was no vote on the Bill's final passage is very welcome. I thank all Members for that. The Bill now goes to the President to be signed. Shortly thereafter, we will roll out an intensive public awareness campaign for the people of Limerick city and county so that everyone will be fully aware. I wish all candidates, male and female, the best. The level of interest in the post shows that it is a vibrant position that will add value and change the face of local government in Limerick. I hope it will also lead the way nationally. This legislation will work as a result of incredible belief.

Finally, I acknowledge the incredible work of the officials in the Department of housing. They have worked might and mane in a very creative way. They uphold the best principles of public service provision. I am privileged to have worked with them both as Minister of State with responsibility for bringing through this legislation and as a TD for Limerick city, something which is particularly important to me. I acknowledge the presence in the Chamber of my colleagues from Limerick, Deputies Leddin and Quinlivan, and of Deputy Mitchell. We are in for an exciting time in Limerick over the coming months and into the future with a directly elected mayor.

Photo of Seán Ó FearghaílSeán Ó Fearghaíl (Kildare South, Ceann Comhairle)
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It would be remiss of me not to congratulate the Minister for his leadership along with his officials and all of the Ministers and Deputies, including Deputies Quinlivan, Leddin and Mitchell, who have been involved. I really do hope that Limerick will lead the way in the future reform of local government. There has been so much unanimity here today that I feel we should perhaps break into a verse of "Limerick, You're a Lady" but that might be too much.

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael)
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You lead and we will follow.