Seanad debates

Wednesday, 26 February 2003

Local Government Bill 2003: Second Stage.

 

It would be bad for local government if the dual mandate were abolished. That is my personal opinion, which I have always stated. This legislation comes from a very patronising and dictatory point of view, the same view which threatens that councils can be abolished if they do not adopt their estimates. That is unconstitutional, because the wording in the constitutional amendment of 1999 under Article 28A is that there shall be such directly elected local authorities. It is the wording "directly elected" which makes unconstitutional the threat held over county councils that they might be abolished and replaced by an unelected commissioner. That is why the Minister is bringing in legislation to take away the power from the elected representatives. He knows that under the Constitution it is no longer defensible to hold that threat over county councillors.

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