Terry Brennan (Fine Gael) | Oireachtas source

Cuirim fáilte roimh an Aire Stáit ar ais go dtí an Seanad. I note that councillors will retain all their current powers except in regard to section 140 motions on planning. The Minister, Deputy Hogan, has accepted in full the recommendation of the Mahon report that section 140 motions should no longer apply to planning. That was a reserved function of councillors and in my 26 years on a council I could count on one hand the number of times a section 140 motion was invoked in my county. Councillors dealt with those with great responsibility and they were not issued willy-nilly in my county. There were fewer than a handful in 26 years.

It was a reserved function. It should not have been taken from councillors.

Councillors will still be able to invoke the section 140 motions to direct the CEO to undertake other lawful functions. The Bill also makes it easier for councillors to invoke a section 140 motion as follows: it reduces from three to two the number of councillors required to sign the order. It also reduces from seven to five the number of days’ notice that need to be given. Will the Minister of State ask the Minister for the Environment, Community and Local Government, Deputy Hogan, for an example of when it is likely that councils would invoke the section 140 motion?

This Bill provides that in future no separate structures will be established for the delivery of public services outside local government unless clearly necessitated. For too long local government has been bypassed by quangos. Councillors in future will be given more devolved powers and functions. Councillors will be able to vary the rate of the local property tax from 1 January 2015. This will provide maximum transparency and accountability for local authority spending. Councillors will be able to decide, as an integral part of the budget process, a schedule of works to be carried in their own local areas. They will therefore set priorities in their own areas. Councillors will adopt a local action plan for the development of every sphere of economic activity within their areas. This will give them discretion to set local priorities, address particular local weaknesses and build on local strengths. That is very important.

All other enterprise agencies must align their plans with the council action plan. Through the SPCs for economic development, councillors will be responsible for the planning, oversight and governance of the local enterprise offices, which will replace the present county enterprise boards. This gives councils a meaningful role in the provision of local enterprise support for the first time. Councillors will approve their local community plan, giving them a greater say in the millions of euros of local and community development funding spent annually in their respective areas. Councillors will be given greater involvement in the appointment of their chief executive. The council will be given the power to reject a recommendation of a person for the position of CEO from the public appointments committee. What would or could happen if a local authority rejected a CEO who had been recommended? What would be the next step?

I note that it is proposed in this Bill that the CEO will report monthly to councillors on the performance of his or her duties, in a more business-like fashion, similar to the reporting relationship between the CEO of a company and its board of directors. A new national oversight and audit commission, NOAC, will be established to report on the performance of each local authority highlighting instances of good and not so good practice. The CEO will prepare an implementation plan for the approval of councillors to address any issues raised by the NOAC, whose report will be made public. This will lead to greater transparency.

I note the amendments proposed to be taken on Committee Stage, one of which, for instance, is that service plans to be drawn up for every programme area of the council must be approved by councillors, which will provide a more transparent system for councillors to monitor implementation of council policy.

I too recognise the part played by councillors over the years, some of whom have decided not to run in the next local elections. They have made a significant contribution the length and breadth of the country. Many entered local councils when there was no remuneration whatsoever. Men and women did it for the benefit of their communities. Many will not go forward for the next local elections. It would be remiss of me not to acknowledge the part played over the years by many of my colleagues on Louth County Council and by many other colleagues on councils throughout the country for their voluntary contribution. Senator Ó Murchú said that someone knocked on his door at one o’clock in the morning. Someone rang my doorbell at two o’clock on Christmas Day. My wife said “It’s not for me, it’s got to be for you.” I served every day of the year and never once regretted it.