Catherine Murphy (Kildare North, Social Democrats)
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192. To ask the Minister for Environment, Community and Local Government given that the adoption of a local authority budget is a reserved function under the Local Government Act 2001, if he will clarify whether the adoption of a local authority capital programme is likewise a reserved function; if not, if he will clarify the legal status of such a programme if it fails to receive the endorsement of the elected members of a local authority by way of resolution; and if he will make a statement on the matter. [39866/15]

Alan Kelly (Tipperary North, Labour)
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Section 135 of the Local Government Act 2001 provides that before the start of each local financial year the chief executive shall prepare and submit to the elected council a report indicating the programme of capital projects proposed by the local authority for the forthcoming and the following two local financial years having regard to the availability of resources. This report may be considered at the local authority budget meeting or at such other meeting as the elected council may by resolution decide. Other relevant provisions of the 2001 Act addressing the role of elected members in this area include section 137, which provides that the elected council may by resolution require the chief executive to prepare plans and specifications for particular works and an estimate of their cost; section 138, which provides that the chief executive shall inform the elected council before any works (other than maintenance or repair) of the local authority are undertaken or before committing the local authority concerned to any expenditure in connection with the proposed works ; section 139 , which provides that, once the elected council is informed in accordance with section 138 of any works, it may by resolution direct that those works shall not proceed ; and section 140 , which provides that the elected council may, by resolution and subject to the requirements of the section, direct that any specific act be done by the local authority.

Catherine Murphy (Kildare North, Social Democrats)
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193. To ask the Minister for Environment, Community and Local Government if a local authority draft budget can be deemed to have been duly considered in accordance with the Local Government Act 2001 and the Local Government Reform Act 2014, if the process for adopting it has prevented any motions tabled by elected members seeking to amend it from being considered​​ by them; if he considers such a process to clearly lack democratic legitimacy; and if he will make a statement on the matter. [39867/15]

Alan Kelly (Tipperary North, Labour)
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The Local Government Act 2001, as amended by the Local Government Reform Act 2014, provides the legislative basis for the local authority budget process. Section 103 of the 2001 Act provides for the Local Authority budget meeting and states that a local authority may amend the draft budget by resolution, and may adopt the budget with or without amendment. It is a matter for each local authority to determine its own spending priorities in the context of the annual budgetary process having regard to both locally identified needs and available resources. The elected members of a local authority have direct responsibility in law for all reserved functions of the authority, which includes adopting the annual budget, and are democratically accountable for all expenditure by the local authority. Local authorities are required to adopt budgets which are sufficient to meet the expenditure arising in the year in accordance with the terms of section 10A of the City and County Management Act 1955, as inserted in that Act by section 113 of the Local Government Act 2001.