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

Amendment No. 81 proposes adding a new section in the Bill to empower the mayor of Limerick to apply for EU funding on behalf of Limerick City and County Council.

Currently, EU funding applications are signed by the figures with the legal status to sign on behalf of their organisation, and this is in line with guidance issued by the European Commission. There is currently nothing in the Bill that precludes the mayor of Limerick from signing or co-signing such an application in the case of Limerick. Nor indeed does the Local Government Act preclude the chief executive of any other local authority, as the executive head, from signing an application for EU funding.

It is unclear from the proposed amendment what the envisaged application process is. Funding schemes, such as the European Regional Development Fund, are frequently administered by regional assemblies. The mayor will be a member of the Southern Regional Assembly - that is something I specifically put into the Bill - and so will be well-positioned to take a proactive approach in pursuing potential funding measures.

Senators are correct that securing money from EU schemes helps Limerick City and County Council in realising its ambitions and it has been very successful in this area. The Bill, as drafted, does not prevent the Mayor from signing or co-signing an application. In fact, section 149(5) of the Local Government Act provides that a chief executive can enter into contracts and fix the local authority seal; as per the note at Schedule 2 of the Bill this will apply to the mayor when he or she takes up office. Once again, we see the devolution of powers in action.

It not clear what legislative function the amendment is seeking to assign. The fact that the provision states it is “for the avoidance of doubt” suggests the amendment is not really required. I know the Senator's sentiments and she has qualified her comments in that regard. Therefore, while I have no difficulty with the sentiment of the amendment, I cannot see how it translates into a clear, implementable provision. I believe the intent of the amendment is already covered in the Bill.