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

I thank Senators Higgins and Cummins for their comments. I will speak to Amendments No. 24 to 27, inclusive, from the Civil Engagement Group because they all relate to delegation of functions by the mayor.

Amendment No. 24 proposes that delegation of executive functions by the mayor to the director general should be subject to a resolution by the elected members. Any executive function that the mayor delegates to the director general is subject to the supervision and control of the mayor. The function remains a function of the mayor whether performed by them or by the director general. These are executive functions that vest in the mayor. It is a matter for the mayor to decide which, if any, functions they will delegate. It is delegation rather than transfer of powers.

Currently, a chief executive may delegate their functions to employees of the local authority and this is a matter for the chief executive and I believe it should be the same for the mayor. Separately, the elected council will be able to hold the mayor to account for the performance of their duties. Under section 17(4), to which I have already referred in our previous discussions, members may question the mayor with regard to the performance of their functions. The mayor is legally obliged to answer such questions. That is why it is very important that the council is chaired by a member of the other 40, and that is why there will be a speaker and a deputy speaker.

Arrangements for delegation of executive functions are proper to the executive. I do not think it should be subject to the approval of the elected council. Ultimately, the mayor is responsible for the performance of the function, whether by themselves personally or on their behalf. If the mayor delegates functions to the director general, he or she will still be responsible for those functions. It is the same as a chief executive in a local authority delegating to any member of their staff. They are still responsible to those in the council chamber for those particular functions. That is extremely important. Regarding the areas that remain with the chief executive and now the director general, they are responsible to the chamber for those as well separately.

Amendment No. 26 proposes that the elected council could revoke the delegation of a function. This appears to be linked to amendment No. 24, which proposes that members would approve a delegation. For the reasons I have already outlined, I cannot accept this amendment.

Amendment No. 25 proposes that the mayor will, on an annual basis, provide a list of delegated functions to the elected council. I have spoken to Senator Higgins about this. Senator Cummins also made reference to it. On the face of it, I have no difficulty with what is proposed by this amendment. In fact, currently there is a similar requirement on the chief executive to notify the council with regard to delegation of functions and the revocation of same. In accordance with standard practice, I ask Senator Higgins to withdraw the amendment and my Department will engage with the Office of the Parliamentary Counsel to draft an amendment that would have similar effect, which we can introduce on Report Stage.Amendment No. 27 proposes that where a mayor has delegated a function to the director general, the delegation is deemed to be revoked upon the conclusion of a mayoral term. This came up previously in our debates in the Dáil. The Bill is clear on this point. An individual mayor may decide to delegate functions or not, or revoke or amend any delegations they make. In all cases, that power or function continues to vest in the mayor and remains performable by them. As I mentioned, the director general performs any delegated functions under the mayor’s superintendence. As a new mayor takes up office, the delegation orders made previously would fall. It is a default mechanism. The objective of the amendment is already implicit in the Bill and is not necessary. I thank the Senators for the amendment but I cannot accept it.

Amendment No. 27 is already provided for in the Bill. The Senator made a good point. Regarding amendment No. 25, we accept the tenet. If the Senator withdraws amendment No. 25, we will table a similar amendment on Report Stage. We believe the other amendments are not keeping with what was put to the people by plebiscite in respect of the role of the mayor vis-à-visthe CEO.