Victor Boyhan (Independent) | Oireachtas source

I thank the Cathaoirleach's office for selecting this matter. I ask the Minister of State to clarify the reserved functions of the elected members of city and county councils in the context of the capital budget. As we all know, all local authorities have a revenue budget and a capital budget. Each local authority adopts its budget annually. Members can accept, amend or reject the day-to-day revenue budget but there seems to be some misunderstanding in relation to the capital budget. There is an inconsistency across the 31 local authorities in terms of how the capital budget is treated.

Some weeks ago, the Minister of State at the Department of Housing, Planning and Local Government, Deputy Phelan, was in this House talking about local government reform. He spoke about the need for greater transparency and accountability. He also spoke about empowering local city and county councillors to manage their organisations. He referred to fancy ideas about mayors in some local authorities but not in others. He said that it is Government policy to empower local councillors and to give them more functions and powers.I acknowledge the important step in that regard. I want to be clear about it, however, and that is why I am seeking a response today.

I have in front of me legal advice from a number of local authorities. There is inconsistency in that advice. The Minister of State will be aware that section 135 of the Local Government Act 2001 clearly deals with capital budgets and the reserved and executive functions. Where there is an absence of a reserved function, it is usually inferred that it falls back on the executive. As a result, there is inconsistency.

I have spoken to a number of the Minister of State's party colleagues from various councils about this. I would have believed it right and proper that members would have the right to accept, amend or reject capital budgets. They are entrusted with responsibility and they are elected by the people. It is important and correct that the executive prepares the rolling three-year capital budget but there is inconsistency across local authorities. Some very good chief executives engage with their corporate policy group, bring the measure through the various sections in the council and seek interaction with the elected members while others quite bluntly refuse to do so, stating that it is an absolute executive function and that they have one obligation, namely, to go to the council and tell the members what has been agreed. That is crazy.

If we are serious about local government reform and empowering elected city and county councillors, we need to address this issue. I hope to hear today the Minister of State's professional legal advice from within the Department. More important, I want to hear a sympathetic Minister state that this has to be a matter for the elected members of the councils. Surely elected representatives have to hold an executive to account. Surely elected councillors have a right to decide the priorities of their funding. That is important. I am not trying to water down any functions of the executives of any local authority, lest they think otherwise, but I want to be sure city and county councillors are empowered to accept, amend or reject capital budgets.