Seanad debates

Tuesday, 25 March 2003

Local Government Bill 2003: Report and Final Stages.

 

2:30 pm

Photo of Martin CullenMartin Cullen (Waterford, Fianna Fail)

I am glad we have had time to deal with this amendment which addresses issues at the root of much of the debate on Second and Committee Stages. The amendment seeks to provide that when Oireachtas Members leave the local government system, their dealings with the local authorities at a representational level will be secure. I bring it forward in direct response to concerns expressed by Members of the House during earlier debates. Where Deputies and Senators cease to be local authority members, they are likely to continue to interact with such authorities on behalf of their constituents. Oireachtas Members have a legitimate case. As a politician who lives in the real world, I acknowledge that elected representatives in the national Parliament are justifiably interested on behalf of constituents in the policies and operations of Departments and other agencies. Given the wide range of local authority activities, it is usual for Oireachtas Members to approach them concerning policy matters or individual constituents. I have recognised these facts from day one and provided for such matters in the published Bill through guidelines. Having listened to the concerns voiced by Members of this House across all political parties and met colleagues from the Dáil, I fully accept what has been said. I am strengthening the provisions of the Bill which relate to local authority dealings with Members of the Oireachtas.

The amendment will replace section 3 of the Bill. Senators will see that under the Act, regulations which have the force of law will be made by the Minister for the Environment and Local Government in place of guidelines to address local authority dealings with Oireachtas Members. It was very strongly believed by all political parties that provisions should be put on a statutory footing. The general thrust of the regulations will be that local authorities should, as a matter of course, put in place systems and procedures to provide that relevant documentation supplied to councillors is also supplied to Oireachtas Members. Such documentation would include notices of agendas, minutes of meetings, annual reports, audit reports and corporate plans. My list is not exhaustive but it conveys the general intent of the provision. Section 3 is formulated to provide for the making of regulations covering such matters as access to documentation, information and communications generally.

I emphasise that all local authority customers are entitled to expect a high standard of service in accordance with local authority customer action plans. This overarching principle should guide the actions of local authorities and common sense augment the regulations in informing the operation of the new arrangements. One can only legislate so far. While the amendment seeks to secure the position of Oireachtas Members in their dealings with local authorities, the representational role carried on in the normal way by councillors is in no way affected. That they will not be treated any less favourably is reflected in subsection (4)(c) of the amendment. Senators will agree that it is in everyone's interest to adopt the balanced approach the amendments seeks to achieve.

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