Kevin Humphreys (Dublin South East, Labour)
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Question 78: To ask the Minister for the Environment, Heritage and Local Government the specific statutory provisions which confer on local authorities a power to make by-laws; the nature of the by-laws that may be made in each case; and if he will make a statement on the matter. [8064/11]

Phil Hogan (Carlow-Kilkenny, Fine Gael)
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Part 19 of the Local Government Act 2001 deals with by-laws.

Section 199 (1) of the 2001 Act provides that a local authority may make a by-law for or in relation to the use, operation, protection, regulation or management of any land, services, or any other matter provided by or under the control or management of the local authority, whether within or without its functional area or in relation to any connected matter.

The power to make by-laws is a reserved function under Section 199(5) of the Act. Section 199(7) provides that the appropriate Minister may by regulation prescribe matters or classes of matters in respect of which local authorities are not entitled to make a by-law.