Seanad debates

Thursday, 8 February 2024

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

 

9:30 am

Photo of Alice-Mary HigginsAlice-Mary Higgins (Independent) | Oireachtas source

He could save a lot of time. It would save us from having to produce primary legislation simply to remove something that should not have been put in a Schedule in the first place.

I shall now speak very briefly about amendments Nos. 12 and 13, which I believe are in the same grouping. Amendment No. 12 relates to an issue flagged during pre-legislative scrutiny by the Library and Research Service, namely that the existing executive functions are not listed anywhere. There is a very general provision in the Local Government Act 2001 to the effect that any function of a local authority not designated as a reserved function is deemed to be an executive function. The amendment would require the mayor and elected members of the council to be given a list of the executive functions, or the exact powers of the director general, formerly the chief executive. That would allow for the clear, smooth and effective operation of the mayoralty. We would know the powers that exist, where the decision-making powers lie and the powers not clearly enumerated in this regard. This would avoid ambiguity. In every county council, clarity on the exact powers of the chief executive is needed.

Amendment No. 13 seeks to insert a new subsection (2) that would require the Minister, before making a determination on the funding required for the mayor of Limerick in performing his or her functions, to "consult with the Mayor and the elected members of Limerick City and County Council".There is another fundamental problem in ensuring that the mayor has actual powers to engage in funding and appropriate resources. This came up earlier. It is that question of ensuring that the resources are there to adequately and meaningfully deliver. We may fail in this, the resources may not be there, the powers may be blocked, and people may go out to vote for a directly elected mayor and then be disillusioned two or three years later because they have found that the mayor was in a symbolic role. People are not looking for and do not need more symbolism; they want a say. If the mayor does not reflect or act on the vision the mayor had put forward, or is not able to act because he or she does not have the resources or powers, it is not simply the mayor who will be disappointed; the public in Limerick will be disappointed, the electorate will be disappointed, and there will be a negative impact on democracy in that sense. I hope the Minister of State might consider that as regards ensuring that the proper resources are there.

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