Paul Daly (Fianna Fail) | Oireachtas source

I welcome the Bill and compliment the proposer, seconder and those who brought it forward. I find it hard to believe that we are discussing the Bill today and that it needs to be put forward as a Private Members' Bill. I cannot believe it has not been passed and we need to discuss it at this stage.

Section 237A of the Local Government Act 2001 refers to Oireachtas Members. The current situation is very demeaning and belittling of councillors who are equally and in many cases more important as public representatives at the coalface in communities. As Senator Coffey said, most of us were councillors and we all entered councils and joined public life because we wanted to represent and better our local communities. It was always with the best intentions for those local communities and the people we represented that we went into representative life.

I remember being frustrated as a councillor. I agree with Senator Coffey. The vast majority of officials in councils are 100% reliable in getting back to councillors and responding. This is not in any way tarring everyone with the one brush. In some cases, an official did not get back to me because he or she was on leave or was transferred to a different department before getting around to dealing with my representation. Nothing was more frustrating than not being able to get an answer for a member of the public who had contacted me about an issue and having to ask for information a second time. That belittled councillors.

I note Senator Coffey's statement about having monthly meetings and the SPC. As he knows, people come to councillors with many issues which are of a private nature. A public meeting would be the last forum for raising such matters.Putting something on the record at a public meeting as leverage to get an answer on the day or on the public record from which the person one is representing will benefit does not work and will not work in respect of the vast majority of representations. Councillors receive many representations of a private nature which are not intended to be put in the public domain. The only way to deal with the people concerned is to provide an answer. If I do not receive the answer, they feel let down and become frustrated with the system. I am accountable to them every five years, whereas the officials are not. It is a matter of common decency, respect and mannerliness to get back to somebody who makes a request of a public representative.

According to Senator Brian Ó Domhnaill's survey, many councillors are frustrated. Officials, unfortunately, do not respond to queries and it is unfortunate, as Senator Paudie Coffey said, that this issue has to be addressed through legislation. I cannot believe we have to do this and that there is statutory provision in that regard. At the end of the day councillors are accountable. All they require when they make representations is an explanation or answer. We all appreciate and accept in our roles as public representatives that every representation we make will not have a positive outcome. In some cases, rather than give a negative response or say something is not possible or cannot be done or that they are not prepared to do it, officials will avoid telling public representatives anything, but that does not help the councillor or the individual with the problem. All we are seeking in the Bill is an acknowledgement of the receipt of representations within seven days and an answer within 14. The Bill does not state the answer has to be positive, but it is only a matter of common decency to provide an answer. I agree with the Minister of State that the vast majority of public servants are helpful and respond as soon as they can, but a number do not. It was frustrating as a councillor when I was dealing with them. As an elected representative, I often felt the tail was wagging the dog. Perhaps I was an exception, but I was often frustrated regarding who had the power in the chamber. Was it vested in the officials or where it should have been - the councillors who were elected by the people?

The Bill is straightforward and should be accepted. It is glaring that, as Oireachtas Members, we have rights that councillors should have. They are what Senator Brian Ó Dómhnaill and his colleagues are seeking. Most local authorities have a customer charter. If a member of the public contacts the local authority directly, he or she must receive a reply within a specific time period to meet its ISO standard or whatever standard to which it is working, yet councillors are not regarded as customers and, as such, not covered by it. They do not have to be given responses in accordance with the charter. That alienates councillors, whereas members of the public can go directly to councils.

I hope the Government will accept the Bill. I will be disappointed if it does not.