Seanad debates

Wednesday, 21 February 2024

Local Government (Mayor of Limerick) and Miscellaneous Provisions Bill 2023: Report and Final Stages

 

10:30 am

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

Section 27 proposes the mayor may delegate in writing certain functions to the director general. This applies only to functions that transfer from the chief executive to the mayor when the latter assumes office. The amendment requires the elected members of Limerick City and County Council are notified when a function is being delegated to the director general or when a delegation is being revoked. The amendment was the subject of lengthy discussion on Committee Stage with Senators Higgins and Cummins. It is a positive addition to the Bill and aligns well with similar provisions in section 154 of the Local Government Act 2001 regarding delegations made by the chief executive. I am happy to table this amendment and ask Members to support it.

Amendment No. 10 proposes to amend section 27 to revoke any delegations made by the mayor at the end of his or her term. This amendment was also tabled on Committee Stage. As I said then, the Bill is clear on this point. An individual mayor may decide to delegate functions or revoke any delegations he or she makes. Even when delegated, that power or function continues to vest in and be performed by the mayor. In performing a delegated function, the director general does so under the mayor’s supervision and control. When a new mayor takes office, the delegation orders made previously fall. The objective of the amendment is already implicit and catered for in the Bill. This amendment is unnecessary. I thank the Senators but I cannot accept it, as I outlined on Committee Stage.

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