Written answers

Wednesday, 3 June 2020

Department of Housing, Planning, and Local Government

Local Authority Functions

Photo of Danny Healy-RaeDanny Healy-Rae (Kerry, Independent)
Link to this: Individually | In context | Oireachtas source

1164. To ask the Minister for Housing, Planning, and Local Government if a directive has issued to exclude the press from having access to the virtual meetings and briefings being held by the members of Kerry County Council during the Covid-19 pandemic in cases in which statutory business is not being dealt with (details supplied); and if he will make a statement on the matter. [8399/20]

Photo of John Paul PhelanJohn Paul Phelan (Carlow-Kilkenny, Fine Gael)
Link to this: Individually | In context | Oireachtas source

Council meetings are an integral and critical part of local democracy through which elected councils carry out statutory reserved functions and provide policy direction and oversight to local authorities. Arrangements for Council meetings are a matter for elected members who must, in accordance with the relevant provisions set out under Part 6 and Schedule 10 of the Local Government Act 2001, as amended, ensure the effective discharge of Council business, including meeting statutory obligations.

On Monday, 20 April 2020, my Department wrote to Councillor representative organisations, copying local authority Chief Executives, in relation to the issue of the holding of Council meetings in the current COVID-19 public health emergency.

Given the public health measures, reference was made to options for consideration in the context of holding Council meetings and conducting Council business, including reduced member meetings, alternative venues for Council meetings and the potential assignment of decisions to Municipal District level, where feasible.

As there is legal uncertainty associated with resolutions determined or votes taken at Council meetings convened in a “virtual” space or on an online platform, the letters strongly recommended that formal decisions, which are required under statute to be made by a Council at a meeting properly constituted under the Act, are not taken by Councils meeting incorporeally on online platforms.

Any decision relating to attendance by the public and media at council meetings is a reserved function of elected members under section 45 of the Local Government Act 2001.

There are no statutory provisions regarding the attendance of representatives of the media at non-statutory meetings, like workshops or briefing sessions for elected members. Such decisions are a matter for individual local authorities.

Comments

No comments

Log in or join to post a public comment.