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Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: I will comment as best as I can because I cannot bind or really say anything-----

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: -----too concrete about the Department of Justice and Equality's responsibility other than to say that the Senators have raised issues that were raised in the Dáil and outside of it. We have flagged the issue with the Department. The officials are aware of it and have indicated that they will act but it is a matter for them as to when. In terms of the role that is played at elections,...

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: The Leader is entitled to do so.

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: With regard to Senator Lombard's question, I am a self-confessed nerd when it comes to boundaries. The reason for this is that I grew up in a community that is partly in New Ross, County Wexford, and partly in County Kilkenny. I live in the community on the Kilkenny side of the boundary. I am acutely aware of the issue. A heightened awareness comes when one is standing for election as...

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: I missed that point and it is incredibly important, at least in the Cork city area, where on polling day in May, we will have five ballot papers. In itself, that is complicated enough without knowing where one is going to vote. What we have done and made provision for in this legislation is that if there is a delay in the process, the deadline of 25 February in Cork can be moved. It is...

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: I have answered that question.

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: We effectively are putting on a statutory footing the composition of the oversight group. This is where we differ on the issue of former politicians. It is fine to have former politicians being involved in the basic political stuff of understanding natural boundaries for election purposes and why it make no sense sometimes to stick to the old district electoral divisions, DEDs, which were...

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: It will be.

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: I fully agree with the sentiment of the amendment. Before I get into the detail of it, I would like to say that I will not support it because it is proposed in the section dealing with the implementation plan, which is specifically about the issue that we have gone through relating to the map, the area that has been transferred, and the assets and liabilities of the staff. It is what we...

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: Senator Buttimer has pointed out a couple of things, and I will read out what he has referenced. He has not been here for many years for no reason. Section 21(5) reads:On or before the 7th day of each month during the period from the commencement of this section until 31 December 2020, each chief executive shall—(a) prepare and submit to the oversight committee a report in relation to...

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: I do not know how many section 85 agreements are at issue. However, I want to make it clear that this is not a no-deal Brexit situation in the delivery of services for people in the area which will transfer from the county to the city in Cork. On the specific issue on planning permission, planning applications that are made prior to transfer day will be completed by the authority to which...

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: The clarity I can bring is that special development contributions are protected in this Bill. In other words, as Senator Lombard outlined there, if a development has been allowed on the basis that a developer will either provide an infrastructure or, failing that, will provide the funding to build it, those conditions relating to the site-specific special development contributions, which are...

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: There are a few different aspects to the response on this issue, but I will start with Senator Ó Domhnaill's comments.

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: I have found that the longer I go on in politics, the longer I go on. These are serious issues and we should-----

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: Much has been said over the years about the funding of local government. Senator Buttimer hit the nail on the head when he said we cannot expect the few to pay for the many. We have had a local government system since the late 1970s that has done exactly that. It has been changed a little since and different charges and taxes have been introduced. I am acutely aware of what Senator Ó...

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: I will never forgive Senator O'Sullivan for not having got me the tie ten years ago.

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: Perhaps Listowel is a bit big, but in the town out of which I operate, Thomastown, in Kilkenny, there used to be a number of drapery shops until quite recently. Now there is one left, and the sad reality is that they are not coming back because people my age and younger than me buy their clothes for the most part online. How can we develop a funding stream for local government on the basis...

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: Senator Burke mentioned local area plans and local economic and community plans. Section 30(4) allows the city council to make a statutory amendment to an existing county council plan in the interim. In response to Senator Buttimer, section 37 of the Bill will allow the Minister to extend the period within which the city council has to make its new development. The Senator is right.Making...

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: Section 31(4) four emphasises that if the city council seeks to apply a development contribution scheme under section 48 of the Act of 2000 or supplementary development contribution scheme under section 49 of that Act in the transfer area, it will apply as it would apply in the rest of its functional area. Special development contributions will follow the transfer area into the city. The...

Seanad: Local Government Bill 2018: Committee and Remaining Stages (19 Dec 2018)

John Paul Phelan: I have acute hearing in this ear.

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