Seanad debates

Wednesday, 19 June 2019

Nithe i dtosach suíonna - Commencement Matters

Local Authority Boundaries

10:30 am

Photo of Colm BurkeColm Burke (Fine Gael)
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I thank the Minister of State for coming to deal with the matter of the extension of a city boundary in Cork, in which he was very involved. There is a lack of clarity regarding the jurisdiction of the city sheriff and the coroner for the area. I spoke to the coroner last week, who advises me that his jurisdiction remains along the lines of the old city boundary. I understand that there is also a lack of clarity regarding the jurisdiction of the city sheriff. This is an important issue for him in relation to a number of matters, such as court judgments and their implementation. Is he now confined to the old city boundary, or does his jurisdiction extend to the new city boundary? The Minister of State will be aware that an additional 85,000 people have come in from the county to the city; it now takes in Ballincollig, Glanmire, Blarney and Tower. I have brought forward this Commencement matter because I am looking for clarification.

Photo of John Paul PhelanJohn Paul Phelan (Carlow-Kilkenny, Fine Gael)
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I am replying on behalf of the Minister for Justice and Equality, Deputy Flanagan, who cannot be in the House today. I thank the Senator for raising two issues of jurisdiction concerning sheriffs and coroners following the recent alteration in the boundary between Cork city and county. The question arising is whether this boundary change affects the respective bailiwicks of the city or county sheriffs, or the relevant coroners' jurisdictions under the provisions of the Local Government Act 2019. The Minister for Justice and Equality is responsible under section 12 of the Court Officers Act 1945 for the appointment of sheriffs. They are appointed to a particular bailiwick, or jurisdiction, which are generally understood to comprise the counties of the State and, in the cases of Dublin and Cork, county boroughs.

Section 2 of the Local Government Act 2001 is relevant. It defines "administrative area" as "an area standing established under section 10 for the purposes of local government and which is — (a) a county in the case of a county council, (b) a city in the case of a city council, (c) a city and county in the case of a city and county council". The administrative areas were established "for the purposes of local government" and for no other purposes.

On sheriffs, the Department of Justice and Equality consulted the Revenue Commissioners, who advised that "administrative area" is a defined term for the purpose of local government. It is clear, therefore, that the transfer of areas in Cork is not intended to have effect for any purposes other than local government purposes, thus the boundary adjustment has no effect on the bailiwick of the Cork city and county sheriffs insofar as either revenue or court matters are concerned.

The Senator also raised the issue of possible changes in the coronial districts in the context of the boundary change. He may be aware that changes to these districts are governed by the Coroners Act 1962, in particular section 6(3) of that Act. This provides that changes to adjoining coronial boundaries are a matter for the Minister for Justice and Equality to determine following consultation with the Minister for Housing, Planning and Local Government. It also requires the consent of the coroners for the districts. No alteration to the boundaries of the relevant coronial districts in Cork were, or are, proposed.

Photo of Colm BurkeColm Burke (Fine Gael)
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This causes a legal difficulty. The county sheriff is appointed as the sheriff for Cork county, but this reply indicates that the county sheriff now also has jurisdiction in parts of the city. Does the law allow that, given that it is now a totally different boundary? The State may be open to legal challenge if a person appointed as the county sheriff for Cork now has jurisdiction for part of the city. I raise this question in that context. It needs to be clarified from a legal point of view, because it will not be too long before someone living in what is now the city, and which was part of the county, will challenge the jurisdiction of the county sheriff.

I accept what the Minister of State said about the coroner, but it is unusual for someone to be the city coroner, with another coroner for the county who also covers part of the city. Those job description problems need to be looked at and clarified, but it is the legal issue that I am concerned about.

Photo of John Paul PhelanJohn Paul Phelan (Carlow-Kilkenny, Fine Gael)
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I have not yet had a chance to talk directly to the Minister for Justice and Equality about this, but I understand the issues that the Senator raises. It would be desirable in the long run to bring the multiple boundaries in line with one another, and I will certainly talk to the Minister about that. As the Minister for Justice and Equality outlined in his response, which I have just delivered, there is currently no consideration of that, but I will ask him whether, in the light of the fact that he has much legislation going through both Houses of the Oireachtas, there is a mechanism for bringing into line the boundaries for sheriffs and coroners.

Photo of Colm BurkeColm Burke (Fine Gael)
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The legal issue is what I am concerned about and that someone may make a challenge. The Department should get written clarification from its own point of view.

Photo of John Paul PhelanJohn Paul Phelan (Carlow-Kilkenny, Fine Gael)
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I cannot answer that.