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Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: I am doing something about that issue.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: The landlord should be responsible for arrears, not the occupier or tenant. Currently, if a tenant moves out or does a runner, the person who comes along subsequently must pick up the arrears tab. That is not fair to people who want to set up a new business and we will address it. I will also address this provision in an amendment allowing each local authority the discretion to decide...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: They do not have discretion at the moment.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: They do not have discretion at the moment. It is devolved by-----

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: The Minister of the day decides.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: I wish to clarify the legal position. The Minister of the day decides which local authorities have that discretion. The then Minister or Ministers decided that Cork, Limerick and Dublin City Council would have that discretion. I am now devolving that functional responsibility to the elected members. Each local authority can decide. An all-party committee from Galway city met me seeking...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: No, I have not backed down on the principle.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: The elected member will decide. It will be a reserved function of the local authority.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: Allowing a municipal district to vary the rate could result in many distortions. The council varies by plus or minus 15% and if the municipal district varied by a further percentage, it would result in greatly diminished yields. I understand the importance of local authorities having reserved functions allowing them to vary this rate. However, the same people at the municipal district...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: I wish to clarify. They will be able to go to the plenary council meeting to argue their point.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: We have not been there before. We have not been there in this case.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: It is controlled by the citizen.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: It is not decided by the party.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: Or Independents.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: There are, yes. Those from the Deputy's party are not too bad at it themselves.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: We do not bring in the hurleys.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: The ultimate vehicle for appeal is the District Court, but we do not want anybody going there unnecessarily. This is a very narrow sanction that applies where a local authority is unable to function because of the behaviour of an elected member. There are a small number of examples of that about which representations have been made to me.

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: Councillors. Councillors are elected to do their business, and when they see a particular council member whose behaviour is not challenged by the rest of the council members, for various reasons that I do not understand, so that everyone else can do their business, the complete local government system into which they are elected to discharge their function falls apart. I know of one council...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: I move amendment No. 34. In page 34, between lines 5 and 6, to insert the following:"(2) (a) In this subsection "Joint Committee" means the County Tipperary Joint Libraries Committee established with effect from 1 January 1927 pursuant to section 3(1) of the Public Libraries (Ireland) Act 1894 and consequent on the adoption of the Public Libraries Act (Ireland) 1855 by Tipperary North Riding...

Committee on Environment, Culture and the Gaeltacht: Select Sub-Committee on the Environment, Community and Local Government: Local Government Bill 2013: Committee Stage (3 Dec 2013)

Phil Hogan: I move amendment No. 35: In page 34, line 8, to delete "staff" and substitute "employees".These are textual amendments to update terminology in a number of places in the Bill - for example, by changing "staff" to "employees" in section 27 in amendment No. 35, "officers and servants" to "employees" in section 57 in amendment No. 114 and "officer" to "employee" in Schedule 4 in amendment No. 192.

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