Michael Finneran (Roscommon-South Leitrim, Fianna Fail)

I am very conscious of what Senator Quinn has said, which was supported by other Senators. I do not have any conflict with the concept or principle of the amendment. What I am saying is that already, under section 48(17) of the principal Act, there is provision for open space, recreational and community facilities, amenities and landscaping works. I am also conscious, as somebody who worked in the local authority system, of the reserved functions of local authority members and their entitlement under the levy regime. However, as Senator Quinn has requested, I will ask the Parliamentary Counsel to check whether there is an opportunity available, without infringing on someone else's authority, to deal with this matter. The Senator will be conscious of what I mean by that in so far as there are already reserved functions. I will ask whether there is any opportunity for me to make any further provision by amendment.

I have already indicated I am prepared to provide for this by way of guidelines. This guidance would provide for the appropriate mechanism to elaborate further on what is meant by recreational facilities and will specifically include but not necessarily be confined to the provision of facilities for physical activity to promote a healthy lifestyle. I am prepared to do that which I believe I am entitled to do by guidelines to the local authority. I will have the matter investigated further to see if there is another opportunity for amendment and I will revert to the House if this is dealt with on Committee Stage in the Dáil.