Dick Roche (Wicklow, Fianna Fail)

I will not accept this amendment and reading through it again and listening to the debate I am conscious that we are ad idem on one thing. Senator McCarthy stated that over the years there has been a haemorrhaging away of authority from elected representatives. Senator Bannon made the same point. In many ways councillors find themselves as rather impotent in a council chamber faced, as they frequently are, by the dominant powers wielded by managers. We have specified those powers which are reserved to councillors and everything which is not reserved to them is, effectively, an executive function. By definition, that means that the executive functions have grown dramatically over the years whereas the reserved functions have only grown where the law has specifically given powers to councillors.

This section has to be read in conjunction with those sections following it. For the first time I am giving powers to local councillors which they will use judiciously to record their views and to make sure that these views will be noted even where they may be separate, and sometimes on major issues will be separate, to the views of the management team which may be the proposer or closely associated with some of the infrastructure. I want councillors to have a very specific power here, namely that they may comment in this area. While I accept Senator Bannon's general point about the excessive use of words and phrases, it is important to maintain them because if ever there was a section where this was required it is here as it makes the intention clear.

I agree with Senator Kitt in that I too find the process frustrating. Senators will be aware from their own experience that planning legislation refers to ministerial guidelines being issued. They are not diktats but they do have a power in law. The word "guidelines" is sometimes used in a way that would suggest they are desiderata rather than having any compelling element within them. That is sometimes the way it is defined by local authorities.

In this section I am breaking with all precedent in giving specific powers to councillors. I know that on all sides of both Houses there is an awareness that it is necessary that this is done. I must be very specific in what I am doing here. I do not want to provide an opportunity for people to ramble all over the place, I want precision. This is a case where, with respect, it would be wise to retain the words set out and I propose so doing. For positive reasons I am not accepting Senator Bannon's amendment.