Seanad debates

Wednesday, 5 March 2003

Local Government Bill 2003: Second Stage (Resumed).

 

10:30 am

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)

There are a lot more than that. I will tell the Senator about them.

I thank Senators for their contributions to the Second Stage debate. It has been a learning experience listening to the diversity of views and perspectives and in terms of the genuine high regard in which local government is held. It has a relationship with central government, While this proposal defines a clear separation, it is also a move to recognise the strengths of each system and their complementary roles. In recent decades there has been a substantial move in this direction.

Ten years ago we decided that Ministers and Ministers of State would no longer be allowed to serve on local authorities. This rule was then applied to the Ceann Comhairle of the Dáil, the Cathaoirleach of this House and MEPs. Judges, holders of EU office, gardaí and civil servants are also debarred. Therefore, it is not just the mad and insane who are debarred; there are a large body of persons from all walks of life who are precluded. There has been a progression leading to this point. We have been moving for many years to get to this position today.

I never suggested that the contribution of Oireachtas Members at local authority level was anything but important; it has always been significant. That is not to say, however, that the contribution of local authority members is not equally important and significant. It would be reasonable to suggest that in some cases -certainly not all – the role of the Oireachtas Member has been somewhat dominant or allowed to be dominant by virtue of the office he or she holds in the national Parliament. We are dealing with this matter in the context of ending the dual mandate.

With regard to the issue of the constitutionality of the Bill, there is nothing for me to say. Any issue of constitutionality, as with any legislation, is a matter for the courts. I have confidence in the drafting of the Bill which, like all legislation, passed through the Office of the Attorney General. It stands up to scrutiny; otherwise, I would not be standing here if I had any doubts.

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