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

I propose to address amendments Nos. 8 to 13, inclusive, as they have been grouped together for discussion.

Amendment No. 8, from Sinn Féin, to section 9 of the Bill proposes that the mayor shall not engage in any other form of paid employment during his or her term. I thank the Senators for highlighting this important point as the office of the mayor is a full-time role, with the successful candidate responsible for a wide range of functions across all aspects of local government in Limerick city and county. As discussed in the Dáil, the Bill is already very clear on the requirements for the mayor in fulfilling this demanding role. Subsection (5) of section 9 states that the mayor will serve on a full-time basis for his or her term of office, while subsection (8) provides that the mayor is prohibited from engaging in any occupation which would interfere or be incompatible with his or her role as mayor. In addition, the mayor will be subject to the ethics provisions in the Local Government Act and the codes of conduct for the local government service. With this in mind, I remain of the view that the Bill sets out appropriate parameters on this matter, and I do not propose to accept this amendment.

Amendments Nos. 9 and 10 from the Civil Engagement Group relate to functions of the mayor and responsibilities specified for the director general set out in Part 2 of Schedule 1, proposing that the functions specified may be conferred on the mayor by a resolution of the elected council. I commend the Senators on their conscientious approach to the mayoral functions. It is important, however, to acknowledge the robust structure of the Bill, which provides that when the mayor takes up office, he or she will be responsible for many of the executive functions of Limerick City and County Council. Certain specific executive functions will, however, remain the responsibility of the director general. These were outlined in the context of the plebiscite on which the people voted. That was specifically given to the people, furthermore identified in the report of the implementation advisory group and given further effect in the general scheme.

The responsibilities that remain with the director general - they were put to the people - are the administration of schemes and grants, including decisions on permission approvals, permits, consents, certificates, licences or other form of statutory authorisation; staffing matters and HR strategies, as it is important to give certainty to the existing staff in the council as well. Also remaining are the Accounting Officer role, like a director general of a Department; holding polls and managing elections; operating key schemes and service level agreements such as, for example, HAP shared services and compliance, enforcement and taking legal proceedings arising from these functions. In general, statutory functions which confer a benefit on an individual are to remain with the director general, while responsibility at a strategic and policy level will rests with the mayor.

Senator Gavan spoke about the mayor and housing. The mayor might have a strategic role in terms of housing policy. That comes through from the development plan. The mayor will now bring that to the chamber, rather than the current CEO. That is hugely significant. It is important that the mayor deals with those strategic decisions which, in respect of policy, undermine the operational aspects of the council. That cannot be overlooked. It is hugely important. This is reflected in Part 2 of Schedule 1, as the provisions of the Acts and regulations set out there fall within the parameters of these functions. As an ex officiomember of the council, the mayor, along with other elected members, may hold the director general accountable for the performance of these specified functions. As the functions specified in Part 2 of Schedule 1 are confined to only those that fall under the refined scope set out in the policy approach I have outlined, I cannot accept this amendment.

Amendment No. 11 from Sinn Féin Senators puts forward a number of new functions of the mayor. These were also discussed in the Dáil and I will speak to each in turn.

The new subsection (6) of amendment No. 11 proposes that the mayor would have an ambassadorial role in the promotion and delivery of a living wage in business in Limerick. Commitments have already been made by the Government to advance to a national living wage by 2026 through incremental increases to the national minimum wage.As the national minimum wage has a statutory basis and is the legal minimum wage that must be paid to employees, subject to limited exceptions, there should be no requirement for an ambassadorial role in its promotion and delivery. It is, therefore, not appropriate to include this provision in the Bill.

The new subsection (7) in amendment No. 11 proposes that the mayor would have a role in raising awareness and recognition of the Limerick region and its brand among domestic and international visitors. I appreciate the positive intent behind this amendment and the importance of ensuring Limerick is recognised for its unique spirit and charm. The increased focus on the county’s many attractions in recent times has enabled Limerick to take its rightful position on the national and international stage as a tourist destination. However, I accept that to take advantage of Limerick’s full potential, further work could be done, and the mayor will-----