Seanad debates

Thursday, 8 February 2024

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

 

9:30 am

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

I thank the Senators. Amendment No. 3 is in the name of the Civil Engagement Group and relates to the provisions for holding the mayoral election and the structures associated with the office and would require those sections to be commenced within three months of the passing of the Act. I recognise the intent of the amendment. As a former councillor, and one who was granted the privilege of becoming a Member of this House by councillors, I am aware of the phenomenal work they do. I have enormous respect for councillors. They are exceptionally busy at the moment. I wish Senator Gavan the best in the European election.

Since I have come into this particular position, I have looked to progress the Limerick mayoral legislation as efficiently as possible. It is something to which I am very committed. The Taoiseach gave me this issue as a priority. I am familiar with it. My colleague, Senator Maria Byrne, was the director of elections for the Government in our local area and we are all very much for it. The Bill was published last August. When I came into office, I had to work to get the Bill published. The officials sitting behind me and all the staff in the Department did phenomenal work.

The Government announced the mayoral election would be held on the same day as the local and European elections in June. There is, as Senators will be aware, a window between 6 and 9 June. The announcement was made to provide the people of Limerick with certainty on the date of the election and to allow them to plan even while the legislation was still be to enacted. I want to get this legislation enacted so the people have absolute certainty. I was fully aware when I came into office that the big enemy was time. I wanted to ensure we had a robust Bill that was fit for purpose. I feel we have now so we want to get it over the line.

I will speak to a few technical points and I understand the intent of the amendment. The structure of the Bill means that the commencement of sections alone would not achieve the intent of this amendment. It is something we examined carefully. For example, paragraph 6(1) in Schedule 2 provides that the Minister may make an order to fix a date for the first mayoral election with that order to be published in Iris Oifigiúil. However, I would like to assure Members that the legislation will be commenced in good time. I cannot presume because it will be a matter for the Minister, Deputy Darragh O'Brien, but we would be looking to set the date relatively early to allow for certainty.

Establishment of the office of the mayor of Limerick under section 8 likewise is done by ministerial order. The Bill provides for the establishment of structures for the functioning of the office once the election occurs and the new mayor takes office on the vesting day. Both commencement orders and ministerial orders allow the necessary flexibility to ensure that relevant provisions may be brought into operation, or given effect to, in the correct sequence. We are looking to bring these in as quickly as possible but in a structured way to ensure that the office of the directly elected mayor works in a structured and efficient manner. That flexibility will also allow the preparation for the establishment of the office of mayor, the necessary structures and key roles, and so on. For example, under section 33, the Limerick Project Ireland 2040 delivery board will be established on commencement and this board is chaired by the mayor. It would be important to align the commencement of this section to a time when the mayor is elected and in office, and thereby in a position to chair the board. An early commencement could be problematic.

I understand the intent of the amendment but there may be unintended consequences. When we were looking through the Bill, we were always looking to commence the sections rather than to leave them sitting there and not commenced. I am on the same page in respect of the import of what the Senators have put forward but we cannot accept the implementation of the amendment because of the structured approach within the Bill. Everything is done to get the commencements to synchronise with the mayor coming in and in a structured way. In those circumstances, I do not intend to accept this amendment as I do not believe it is necessary and may have unintended consequences. I thank the Senators and their colleagues in the Civil Engagement Group for sharing my commitment to passing the Bill as soon as possible.

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