Maurice Cummins (Fine Gael)

I welcome the Minister to the House. I second the amendment proposed by my colleague, Senator Bannon. When Better Local Government was introduced by the Minister's predecessor, Deputy Noel Dempsey, he stated that greater powers would be extended to local authority members, that bureaucracy and duplication would be cut out, that there would be directly elected mayors and that the dual mandate would go. What have we seen since that Better Local Government document was produced?

The last Government was to abolish the dual mandate but it backed down because of pressure from some Independents. It was still intent on going ahead with the introduction of directly elected mayors. We have seen bureaucracy increase in local authorities and local authority members being stripped of many of their powers by the Minister, Deputy Cullen, in areas such as waste management and planning. Members of the Government are running around like headless chickens. What they propose in one instance they go back on and then reintroduce. We do not know what they are at.

Senator Kitt asked if Members would continue to sit on sub-committees such as health boards, vocational education committees and regional authorities. There is an obvious answer. If one is not a member of a local authority, of course one cannot be a member of those bodies. That obviously strips Members of their powers in that regard.

The Minister referred to access by Oireachtas Members to local authorities should this Bill go through and said he would introduce guidelines at a later stage. Why does he not place all his cards on the table now? Why are these guidelines not before us for discussion in tandem with this Bill? We are really putting the cart before the horse in this regard. We are not getting all the information.

Senator Tuffy eloquently discussed the question of the constitutionality of this Bill. My party also has doubts about its constitutionality. It may be tested in the courts at a later stage. Why not put before us the Attorney General's advice on constitutionality of the Bill? Perhaps then we would be more informed.

Senator Tuffy asked if this debars councillors from standing for election to the Seanad and to the Dáil. The Minister is debarring Oireachtas Members from being members of local authorities. Does the opposite apply? Senator Tuffy quite rightly mentioned that this could be the question which would test the constitutionality of the Bill.

Senator Dardis raised his reservations also. Many Fianna Fáil Senators and Deputies have expressed their reservations but they have obviously come like sheep behind this Bill for whatever reason – certainly not on principle.