Seanad debates

Wednesday, 24 May 2006

Local Authority Operations: Motion.

 

6:00 pm

John Dardis (Progressive Democrats)

I am fascinated that the intensity of the thunder emanating from the Opposition benches on the Order of Business on certain issues is only matched by the silence from Opposition Senators when the matters in question are debated in detail. I thank those Senators who contributed to the debate and I am sure the Minister will take on board the useful proposals they made. I am encouraged also by the Minister's positive contribution and thank him, in particular, for his undertaking to amend the code of practice for civil and public servants. I also welcome his decision to publish the new provisions shortly and to write to county managers reminding them of their obligations under section 48 as regards how moneys are expended.

One of the problems with the taking in charge of developments, an issue raised by most speakers, is the requirement that estates must first be completed satisfactorily. While the position has improved since the legislation was introduced, I can recall cases of developers deliberately failing to complete estates to prevent them being taken in charge. After years of delay, the original bonds put up by the developers were of such little value that they could afford to sacrifice them.

I note the differences between apartment developments and other types of development highlighted by the Minister and accept that management companies may be necessary in the case of the former. From personal experience, the management company in the apartment block in which my daughter lives has been very good and I have no criticism of it.

Another issue raised was the practice of placing gates on developments. This creates private estates and gives rise to the access difficulties outlined by Senator Brady who recalled being told to stay off private property while canvassing. This is a two-edged sword.

A thread running through the debate was the need for regulation to keep abreast of changing circumstances. Builders are clever and employ clever lawyers who are able to run rings around the law. If legal loopholes exist, it is our obligation to close them.

It is interesting to note criticism of local authorities made by Senators from parties which control the councils in question. The Minister spoke of the role of local authority members in taking in charge estates and contribution schemes. County Kildare, which is controlled by Fine Gael and the Labour Party, has been the focus of some of the heaviest criticism in some of these matters. One wonders how these two parties can have one standard for what they perceive to be national deficiencies in these areas, while overlooking the fact that they control some of the local authorities in question. Their attitude reminds one of the posters which have been erected around the capital informing us what Deputy Kenny will do with wasters. What will he do with the wasters about whom Senator Brian Hayes spoke, those responsible for having four people employed in administration for every person working on the ground? Issues such as these resonate.

Senators referred to underfunded local authorities. This year, €9 billion has been allocated to local authorities from central funds, six times more than the allocation made when the Labour Party and Fine Gael were last in power. If local authorities have so little money, what are they doing with this sum of €9 billion? Perhaps an auditing exercise is required although, I am aware the public auditor audits the local authorities.

Senators voiced criticism of the lack of social and affordable housing. Given that Kildare County Council, my local authority, and Dún Laoghaire-Rathdown County Council, another authority controlled by the Labour Party and Fine Gael, do not have good records in this area, it is time for certain political parties to get their own houses in order before criticising others.

Senator Jim Walsh made a valuable contribution on the need to examine the capital account in conjunction with the annual returns. Another thread running through this debate is the need for consistency, uniformity, transparency and accountability to give people confidence that the system is working properly. The Minister has outlined the local authorities' obligations. However, members of local authorities find that trying to get details on revenue is akin to pulling teeth. While one will be given a global figure, it is difficult to determine how much is raised in specific estates.

I accept that all the money raised in a given estate cannot be spent on the estate concerned because local authorities must also meet wider infrastructure costs, including those arising in areas where people do not live. Nevertheless, members should be given information on the areas on which money is spent. I believe the Minister accepts this proposition, having indicated that he proposes to raise the matter with local authorities.

I welcome the Minister's comments on amending the code of conduct and the obligations of members. This has been a good debate which I hope will advance the issue. I also hope the Minister will leave the House with some good ideas and will carefully consider what steps can be taken.

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