Written answers

Thursday, 18 September 2014

Department of Environment, Community and Local Government

Local Government Reform

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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242. To ask the Minister for Environment, Community and Local Government his views that Dún Laoghaire-Rathdown County Council has complied fully with the provisions of the Local Government Reform Act 2014 and the ministerial guidelines and circulars issued by his Department in respect of the appointment of the chairpersons of the strategic policy committees of Dún Laoghaire-Rathdown County Council; and if he will make a statement on the matter. [35033/14]

Photo of Catherine MurphyCatherine Murphy (Kildare North, Independent)
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248. To ask the Minister for Environment, Community and Local Government if Dún Laoghaire-Rathdown County Council has fully complied with the provisions of the Local Government Reform Act, 2014 and the ministerial guidelines and circulars issued by his Department in respect of the appointment of the chairpersons of the strategic policy committees of Dún Laoghaire-Rathdown County Council; and if he will make a statement on the matter. [35112/14]

Photo of Alan KellyAlan Kelly (Tipperary North, Labour)
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I propose to take Questions Nos. 242 and 248 together.

My Department issued guidance on Strategic Policy Committees (SPCs) under cover of Circular LG 07/2014 of 29 May 2014 which states that the "spread of SPC chairs must, in accordance with the guidelines, reflect the political representational spread on the full council". Paragraph 6.2 of the these guidelines that accompany the circular require that the following principles should be applied –

- "SPC councillor membership should reflect the proportionality and the distribution of elected representation on the full council. It is also important that the SPC membership should, as far as it is practical, be representative of each of the municipal districts in the local authority. The Local Government (Reorganisation) Act 1985 (section 27) was designed to allow for a basic element of proportionality in appointments to committees etc. However, many local authorities operate (as they are entitled under the Act) their own local and more finely developed arrangements to ensure fair play for all concerned. It is, however, impossible to legislate fully for such good will and practice. Therefore, it is all the more important with the SPCs that all local authorities adopt and implement (and be clearly seen by the public to do so) an approach which ensures that the various political and other interests represented on the full council are treated fairly, and equitably represented in the SPC system", and

- "The allocation of SPC chairs should also reflect equitably the spread of elected representation on the council, including, as far as it is practical, be representative of each of the municipal districts in the local authority.The points made above as to good will and fair play are equally relevant here. However, where agreement in this regard is not possible, the group of SPC chairs to be appointed should technically be treated for appointment purposes as if it constituted a separate committee, to ensure an equitable spread of representation as SPC chairs".

The guidance which accompanied Circular LG 07/201 was issued under –

- Section 133(10) of the Local Government Act 2001, as inserted by section 48 of the Local Government Reform Act 2014, in relation to Corporate Policy Groups (CPGs), and

- Section 54(2) of the Local Government Act 2001 in relation to Strategic Policy Committees (SPCs),

which empower the Minister to "issue general policy guidelines to local authorities"in relation to these matters.

Ensuring compliance with general policy guidelines issued under sections 54(2) and 133(10) of the Act, as required by the Local Government Act 2001, is a matter for individual local authorities.

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