John Paul Phelan (Carlow-Kilkenny, Fine Gael) | Oireachtas source

I thank the Acting Chairman and Members of the House for allowing time for statements on the issue of directly elected mayors.

As I undertook to do during our consideration before Christmas of the Local Government Bill 2018 which was signed into law by the President on Friday, 25 January, I am pleased to have the opportunity to outline proposals which I intend to present to the Government before the middle of February on the issue of directly elected mayors with executive functions. I wish to further inform the proposals through input from both Houses of the Oireachtas. Last Thursday afternoon there was a debate in the Dáil in which all Members who wished to do so contributed. We are doing the same today in the Seanad.

As Senators are aware, A Programme for a Partnership Government includes a commitment to consider fully directly elected mayors in cities as part of a broader range of local government reform measures aimed at strengthening local democracy. On foot of that commitment, last September I submitted to the Government a policy paper entitled, Local Authority Leadership, Governance and Administration, which included a number of policy proposals for directly elected mayors in cities. The policy paper was approved by the Government at its meeting on 27 September and forwarded to the Oireachtas Joint Committee on Housing, Planning and Local Government for consideration.

The Government also agreed in principle that plebiscites would be held on directly elected mayors with executive functions in Cork City Council, Limerick City and County Council, Waterford City and County Council, Galway City Council and Galway County Council at the same time as the local government elections in May this year. This decision was subject to the necessary provisions for the holding of the plebiscites being included in the Local Government Bill. Following the progress of the Local Government Bill 2018 through the Houses, it provides for the holding of plebiscites on directly elected mayors with executive functions in the local authority areas of Cork City Council, Limerick City and County Council and Waterford City and County Council. The Seanad sat late that night and removed Galway City Council and Galway County Council from the legislation. The amendments were subsequently approved by the Dáil.

The Department is prioritising the Government's instruction to produce more detailed proposals for plebiscites, the questions to be put to the electorate and the specific powers of mayors. The detailed proposals, including an analysis of the costs involved, will be submitted to the Government in the early weeks of February. Prior to reverting to the Government with the more detailed proposals, I wish to consult Members of both Houses of the Oireachtas. As Senators are, local government legislation divides local authority functions into executive and reserved functions. The proposed office of directly elected mayor with executive functions aims to bridge the gap between the two categories of functions. I emphasise at the start that the reserved functions of councillors will not be affected by the changes if adopted by the people in a plebiscite for a directly elected mayor.

Those functions will still be reserved for councillors.

I believe that, subject to some exceptions, responsibility for executive functions could be transferred entirely to the directly elected mayor. The directly elected mayor would be a member of the council and continue to perform the functions currently exercised by local authority cathaoirligh, mayors and lord mayors, including reserved functions. This would encompass a civic and representational role where the mayor would act as the face of the local authority, both domestically and internationally. Given the potentially wide range of functions performed by local authorities, the directly elected mayor's role would have to be supported by a chief executive officer. My proposal is that the executive mayor would have a similar relationship to the local authority chief executive as a Government Minister has to the Secretary General of a Department. A mayor's functions would exclude executive functions relating to planning matters, for obvious reasons. They would remain with the chief executive. Chief executives would also continue to be responsible for organisational and staff related matters. This is similar to the arrangements in Departments where the Secretary General is responsible for such matters.

It is important to stress that the elected council would continue to exercise its full range of reserved functions. It would also be the primary body with responsibility for oversight of the mayor in the performance of his or her functions and for holding him or her accountable. I intend to propose a mechanism to recall the mayor, giving the electorate a means of having its say in recalling the mayor. In addition to the directly elected executive mayor proposals, I will propose a further strengthening of the strategic planning committees, SPCs. My intention is to create a Cabinet style system where the chairs of the various SPCs would form the mayor's cabinet, replacing the existing corporate policy group. Senators who are familiar with local government structures in the UK will be aware that many local authorities there have councillors who are leads in specific policy areas. That would give more teeth to the position of SPC chair that currently exists at local authority level in this country.

The policy paper will analyse the costs involved in establishing a new position of directly elected mayor. This analysis is to include the costs of the position of mayor itself and of the plebiscites to be held. This is an important requirement of the Departments of Finance and Public Expenditure and Reform. As I mentioned, it is intended that the plebiscites on directly elected mayors with executive functions will be held on the same day as the local government elections on 24 May 2019. Anyone who is entitled to vote in the local government elections in the local authority areas listed will be entitled to vote in a plebiscite on directly elected mayors with executive functions. Regulations for the holding of the plebiscites and their necessary requirements and arrangements will be made by the Minister, Deputy Eoghan Murphy. Information for electors on the proposals to be voted on in the plebiscites will be drawn up by the Department and sent to the local authorities concerned for distribution to electors. Given the need to explain fully the proposals to the electorates concerned and to allow sufficient time for local debate, this will be a priority for the Department in the weeks ahead.

The Government decided at its meeting of 27 September that in view of the complexities of local government in County Dublin and the Dublin metropolitan area, which is defined in the national planning framework, it would be appropriate to allow space for detailed and informed public discourse on the matter of directly elected mayors for Dublin. For that reason, the Government decided that the issue of directly elected mayors for Dublin would be referred to a Dublin citizens' assembly to be convened in 2019. The Department of the Taoiseach is leading on the convening of the Dublin citizens' assembly, with the input of the Department of Housing, Planning and Local Government. Consideration will have to be given to the membership of the assembly, for example, whether the assembly should include elected officeholders similar to membership of the Constitutional Convention. I believe this assembly should include elected officeholders, both local and national. There is a range of complex policy questions to be examined by the Dublin citizens' assembly, including the geographical area that would fall under the Dublin mayor's remit; consideration of the functions of the directly elected mayor; the proposed relationship between the directly elected mayor and the local authority elected members and executives of the local authorities involved; and the interaction between the directly elected mayor and other bodies involved in the development of our capital, such as the National Transport Authority and Transport Infrastructure Ireland, the State utility providers and trade and investment promotion agencies.

I thank Members of the House for their ongoing engagement on the issue of directly elected mayors and local government issues in general. The establishment of offices of directly elected mayors with executive functions would represent a significant change and development in the political accountability of leadership at local authority level.

I look forward to hearing the views of Members of the House.