Written answers
Tuesday, 3 February 2015
Department of Environment, Community and Local Government
Public Private Partnerships Data
Stephen Donnelly (Wicklow, Independent)
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565. To ask the Minister for Environment, Community and Local Government the role of elected officials in a public-private partnership project between a local authority and a private company, with particular reference to reporting requirements and the provision of information to, and at the request of, elected members by the private partner; and if he will make a statement on the matter. [4469/15]
Alan Kelly (Tipperary North, Labour)
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The respective functions of local authority officials and elected members are provided for in the Local Government Acts and in a wide range of other legislative codes. Under local government law, elected members act by resolution in performing reserved functions specified in legislation. Any functions which are not specifically designated as reserved functions are deemed to be executive functions and are exercisable by the chief executive, subject to the provision that members may direct him or her in certain circumstances. However, the Local Government Acts do not contain specific provisions relating to public private partnership arrangements and responsibilities of private entities in such arrangements do not come within the scope of the Local Government Acts. Policy and guidance in relation to public private partnerships generally are matters for the Minister for Public Expenditure and Reform. The respective roles of parties to a public private partnership and requirements in that regard would depend, primarily, on the provisions and arrangements relating to a particular project.
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