Fergal Browne (Fine Gael)
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This matter concerns the boundaries for the local elections due to be held in 2009, of which I hope a review will be carried out. Although Carlow is the second smallest county I want to list some examples of the daftness of the current system.

The first case I want to highlight concerns Ballon, in Carlow, a very small village which finds itself divided in half. One half is in the Tullow electoral area and the other is in the Bagnelstown electoral area. That is unfair to the residents of Ballon because it complicates matters. They have two engineers and two sets of councillors. It does not make sense to divide villages in two for electoral boundary purposes.

Another case involves Graiguecullen, in Carlow, where the River Barrow does not form the county boundary, although many people believe that is the case. There is an imaginary line crossing the river. In fact, most of Graiguecullen is in Carlow and estates like Rossmore View, Oakley Park and Mount Clare can vote for both Carlow Town Council and Carlow County Council candidates but they are in the Laois area. When it comes to getting anything done, however, and this includes for those in Fr. Byrne Park, they have to go to Laois County Council but Laois County Council will barely return telephone calls from public representatives. That is totally unsatisfactory. The boundaries in that area should be completely reviewed.

If people in an estate vote for public representatives, the people voted in should be able to do work for them. When people vote in a public representative from Carlow, it is daft that Laois County Council is the only local authority that can do something for them. Perhaps the Minister is aware of a similar case in Shannon. I suspect there is a problem with boundaries near Limerick, although perhaps I am wrong. The Minister might understand to what I am referring.

Another example is Bennekerry. The main population base in Bennekerry is Kernanstown Terrace, which is in area No. 2 in Carlow, but the remainder of Bennekerry is in area No. 1. Likewise, one third of the rural parish of Tinryland is in area No. 2 for local election purposes, with the remainder in the Bagnelstown area.

My request to the Minister is simple. A review should be carried out. I realise it is a difficult job but one or two basic principles should be applied in that review. First, parishes should be kept together as much as possible in rural areas, unless the parish is very big and can afford to be split in two. Second, villages should be kept intact in one unit in whatever electoral area they are placed. I urge the Minister in particular to consider the ludicrous scenario we face in Carlow and Graiguecullen, which is totally unsatisfactory to everyone concerned in both Laois and Carlow. I realise five years is a long time away in some respects but it is important we get this process under way as soon as possible. People who wish to stand in the local elections in 2009 should know the area they will be representing.

I have spoken to many people on this issue and I am aware that it is not just a problem in Carlow; it is being experienced throughout the country. I look forward to the Minister's response.

Síle de Valera (Clare, Fianna Fail)
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I apologise on behalf of the Minister of State, Deputy Noel Ahern, who regrets he cannot be here for this debate but he has asked me to make the following remarks on his behalf.

I thank the Senator for raising this matter. It is important to point out that unlike the situation regarding Dáil constituencies, there are no constitutional or statutory requirements regarding the frequency of local electoral area reviews. The most recent reviews took place in 1998 and were carried out by two independent ad hoc committees, one for the Dublin local authorities and another dealing with the rest of the country. Prior to the 1998 reviews, a review of local electoral areas was carried out in 1985; in other words, there was a gap of 13 years between the previous reviews. The reports and recommendations of both of the 1998 committees were accepted in full by the Government and were implemented and in force at the June 1999 and 2004 local elections.

Certain provisions of the Local Government Act 2001, due to be commenced later this year, will provide, inter alia, for the establishment of a local government commission which will be independent in the performance of its functions. The 2001 Act provides that the Minister may, by order, divide local authorities into local electoral areas and fix the number of members to be elected for each electoral area, but this may only be done following a report by the local government commission on the matter. In requesting the commission to prepare a report, the Minister may provide terms of reference and is required to publish the commission's report and to have regard to it in deciding whether to make an order revising the electoral areas concerned. Reasons must be given for any material variation from the recommendations made by the commission. While there are no constitutional or statutory requirements for any specified level of equality of representation among local electoral areas within a local authority, it has been accepted that there should be reasonable equality of representation. The 1998 committees both adopted as a general target that variations within authorities should be limited to between plus and minus 10%.

A further element of the Act to be brought into operation later this year relates to the alteration of local authority boundaries. In this regard, the commission may also make recommendations on foot of applications made by local authorities or if requested by the Minister. It is open to any local authority, under existing law and as a reserved function, to initiate an application for a boundary alteration. A number of such applications have been determined in recent years, two as recently as January this year. Any consequential adjustments of local electoral areas are also implemented in the context of such boundary alterations.