Seanad debates

Tuesday, 25 March 2003

Local Government Bill 2003: Report and Final Stages.

 

I tabled this amendment because the Government's amendment refers to section 63(1)(a) of the principal Act – which refers to democracy, the role of the local authority members as locally elected public representatives – recognises the argument I made that the current wording in section 217 of the Act, allowing for a non-elected commissioner to be appointed by the Minister to serve for up to four and half years, is unconstitutional. In recognition of that, the Minister has taken away the reserve function in regard to waste charges. However, problems could still arise because people might vote against the Estimates and, therefore, there might be a threat to abolish a council. This would mean a council could be abolished but that there would be elections, which would be in keeping with the Constitution. If the Minister does not accept the amendment, he should consider the issue as soon as possible. Despite the recent environmental legislation which makes waste charges a reserve function, problems will arise in relation to local authorities that are threatened with abolition and being replaced by non-elected commissioners. A constitutional challenge will arise at some stage.

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