Seanad debates

Wednesday, 24 January 2024

Local Government (Mayor of Limerick) and Miscellaneous Provisions Bill 2023: Second Stage

 

10:30 am

Photo of Kieran O'DonnellKieran O'Donnell (Limerick City, Fine Gael) | Oireachtas source

The legislation defines what powers are retained by the CEO. Every other power goes to the mayor. In Limerick we have DACs, which are development companies set up through the local authority. They currently report to the CEO. They will now report to the mayor. That is something I specifically got included in the legislation, because I wanted to ensure the mayor has that role. If the mayor wishes, he or she can devolve some powers to the CEO, but the CEO is completely answerable to the mayor in that particular delegated power. If the CEO is delegated a particular function, he or she is answerable to the mayor. It is that basic. The CEO is carrying out the physical aspect of the function but ultimately, the CEO reports to the mayor on that function. That is hugely important. I am also conscious that this must work.

Senator Moynihan brought up reform of the CPO system. When I came into the role, the Law Reform Commission was looking at reform of the CPOs. That will be needed in time. What I found when I looked at it, is that the current CPO system works. At the end of the day, we will be waiting a period of time for that. She made reference to the passporting system and that is being currently looked at by our Department.

Senator Garvey spoke about balanced regional development. I absolutely agree and I go back to Senator Byrne's point that the mayor must champion Limerick City and County Council, but also the region. That is why I insisted on the mayor being on the Southern Regional Assembly. That is why I insisted on having a specific board for transportation. I wanted the mayor to have that devolution. There is nothing stopping the mayor from using his or her €8 million to work with An Garda Síochána for policing of particular events. That is something I believe can be pushed.

Senator Higgins made reference to financial autonomy. I hope that when there is a review of it after three years, we can look at that particular area. It was not put to the people in the context of delegated powers in the plebiscite. However, it should not be lost sight of that the mayor brings the budget in its entirety to the chamber, not the CEO. The Senator made reference to sustainable cities. I absolutely agree. Local authorities are now doing their own climate action plans. There is also the role between the DG and the chief executive. It is simple - the mayor is answerable to both the chamber and to the people who elected them. In terms of policy around housing, the mayor brings that. The mayor brings development plans to the chamber, not to the CEO. A lot of the measures the DG retains are operational. I see it in terms of staff. That is hugely important. It is the same for the administration of grants. The mayor is very much around policy and driving it at a high level.

I do not agree with Senator Warfield that it is a ceremonial role. It is a seismic shift. The structures are there. It is something I want to be certain works. He also spoke about dilution. It is exactly what was put to the people in the plebiscite and I ask him to read it. Every single aspect of that is in the legislation. I ticked them off. At the end of the day we are all democrats here.

Senator Maria Byrne made reference to the extra powers. That is fully about the review. She made reference to the plebiscite. Under Part 6 of the Bill, each local authority can have its own plebiscite. Under certain areas, the corporate policy group could bring it forward. It may also be a petition signed by 15% of the electorate, from the chief executive, or at the Minister's direction. That is in black and white in the legislation. Senator McGahon was pushing on the area of the directly elected mayor and the benefits it has. I have covered the plebiscite, the powers and I will put it another way in summary.We effectively have a two-pillar system with a CEO and a chamber. We will now have a three-pillar system. We will have a mayor directly elected by the people getting their own budget from central funding with their own staff and special adviser, taking on all the powers of the current CEO, apart from what was put in the plebiscite. Those that will remain with the director general are mainly administrative. All policy comes through the mayor. The mayor brings the annual budgets and development plans to the chamber, whereas currently the CEO does that.

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