An Comhchoiste um Fhorbairt Tuaithe agus Pobail Clár Oibre 2019
Joint Committee on Rural and Community Development Work Programme 2019
32 RCD 006
An Comhchoiste um Fhorbairt Tuaithe agus Pobail Clár Oibre 2019
Joint Committee on Rural and Community Development Work Programme 2019
32 RCD 006
Work Programme 2019
Table of Contents
1. Introduction ...... 6
2. Dáil Select Committee ...... 8 2.1. Introduction ...... 8 2.2. Legislation ...... 8 2.2.1. Bills ...... 8 2.2.2. Statutory Instruments ...... 8 2.3. Estimates and other Financial Matters ...... 9 2.4. Referrals of Motions and Other Matters ...... 9
3. Joint Committee ...... 10 3.1. Introduction ...... 10 3.2. EU Business ...... 11 3.2.1. Scrutiny of draft EU Legislative Proposals ...... 11 3.2.2. Engagement with Ministers...... 11 3.2.3. Engagement with Secretary General on the Statutory Departmental Scrutiny Report ...... 11 3.2.4. Engagement with European Bodies ...... 12 3.3. Key Policy Priorities 2019 ...... 13 3.3.1. Connectivity in Rural Ireland ...... 14 3.3.2. Dormant Accounts Legislation and Abandoned Safekeeping in Banks ...... 14 3.3.3. Local Small Businesses and Sustainability ...... 14 3.3.4. Issues relating to Rural Housing and One-off Builds ...... 14 3.3.5. Opportunities for New UNESCO Global Geoparks in Ireland ...... 14 3.4. Policy Reviews ...... 15 3.4.1. Connectivity in Rural Ireland ...... 15 3.4.2. Western Rail Corridor ...... 16 3.4.3. Rural Roads ...... 16 3.4.4. Community Banking ...... 17 3.4.5. Rural Broadband and Mobile Phone Coverage ...... 17 3.4.6. Regional Rural Cohesion and the Effects of Brexit ...... 17 3.4.7. Preventing Rural Crime...... 17 3.4.8. Leader Funding – Review of application process ...... 17 3.4.9. Dormant Accounts Legislation and Abandoned Safekeeping in Banks ...... 18 3.4.10. Support for Local Small Businesses in Rural Ireland & Sustainability ...... 18 3.4.11. Local Development Companies ...... 19 3.4.12. Issues relating to Water and Sewerage ...... 19 3.4.13. RAPID Programme ...... 19 3.4.14 Climate Change...... 19 3.4.14. Opportunities for New UNESCO Global Geoparks in Ireland ...... 20 3.5. Reports Published by the Government / Minister ...... 21 Joint Committee on Rural and Community Development An Comhchoiste um Fhorbairt Tuaithe agus Pobail Page 2
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3.5.1. A Framework Policy for Local and Community Development in Ireland (2015) ...... 21 3.5.2. Action Plan for Rural Development (2017)...... 21 3.5.3. Local Public Banking in Ireland (2018) ...... 21 3.5.4. National Planning Framework (2018) ...... 21 3.6. Oversight of the Department of Rural and Community Development and Associated Bodies ...... 22 3.7. Legislation ...... 22 3.7.1. Bills ...... 22 3.7.2. Statutory Instruments - Parliamentary Control Procedure ...... 23 3.8. Pre-Legislative Scrutiny / Post-enactment ...... 24 3.8.1. Bills ...... 24 3.8.2. Statutory Instruments ...... 24 3.9. Engagement with Chairmen Designate ...... 25 3.10. Financial Scrutiny ...... 25
4. Conclusion ...... 26
Appendix 1: Orders of Reference of the Joint Committee...... 28 Functions of the Departmental Select Committee (Derived from Standing Orders [DSO 84A; SSO 71]) ...... 28 Scope and Context of Activities of Committees (as derived from Standing Orders) [DSO 84; SSO 70] ...... 31 Orders of the Dáil and Seanad ...... 32 Order of the Dáil 16 June 2016 (Establishment of Select Committees) ...... 32 Order of the Dáil 26 September 2017 (Establishment of Committee) ...... 32 Order of the Dáil 7 November 2017 (Number of Members) ...... 33 Order of the Seanad 21 July 2016 (Establishment of Select Committees) ...... 33 Order of the Seanad 16 November 2017 Schedule (Extract) ...... 33 Powers of the Select Committee ...... 34 Dáil Standing Order 85 (Extract) ...... 34 Powers of the Joint Committee ...... 35 Dáil Standing Order 85 (Powers of Committees) ...... 35 Dáil Standing Order 114 (Draft legislative acts: eight week limit to express opinion on infringement of subsidiarity (“yellow and orange card”)) ...... 37 Dáil Standing Order 116 (Legislative acts: infringement of subsidiarity: request for review by EU Court of Justice) ...... 38 Dáil Standing Order 164A (Post-enactment Report) ...... 38
Appendix 2: Members of the Joint Committee ...... 40 Dáil Select Committee (Deputies / Teachtaí Dála) ...... 40 Seanad Select Committee (Senators / Seanadóirí) ...... 40 Dáil Select Committee – Photographs ...... 41 Seanad Select Committee - Photographs ...... 42
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Membership Changes ...... 43 Committee Contact Details ...... 43
Appendix 3: Department of Rural and Community Development ...... 44 Ministers and Secretary General ...... 44 Oversight of the Department of Rural and Community Development ...... 45 Oversight by the Joint Committee ...... 45 Appearance of the Secretary General (Public Service Management Act 1997) ...... 46
Appendix 4: Agencies under the aegis of the Department of Rural and Community Development ...... 47 Charities Regulator ...... 47 Accountability of Chief Executive (of the Charities Regulator) to the Committee (Charities Act 2009 (Revised)) ...... 48 Irish Water Safety ...... 49 POBAL ...... 49 Western Development Commission ...... 49
Appendix 5: Department of Rural and Community Development 2018 Work Plan...... 50 Statement of Strategy 2017-2020 ...... 50 Action Plan for Rural Development ...... 50 National Policy on Social Enterprise ...... 50 Dormant Accounts Action Plan 2018 ...... 50 Dormant Accounts Fund Action Plan ...... 50 Mobile Phone and Broadband Taskforce 2017 Annual Review ...... 50 Investigation of Local Public Banking model ...... 51 Public Library Strategy 2018-2022 ...... 51 Framework Policy on Local and Community Development ...... 51 Chairmen Designate of State Boards ...... 52 Chairman of POBAL ...... 52 Chairman of the Western Development Commission ...... 52 Bills ...... 52 Statutory instruments...... 52
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1. Introduction
The Joint Committee on Rural and Community Development was established 1 following Orders of Dáil Éireann on 26 September 2017 and 7 November 2017 and of Seanad Éireann on 16 November 2017.
Standing Orders 89(4) Dáil Éireann and 77(4) Seanad Éireann require that
“… as soon as may be following its appointment and thereafter at annual intervals, each Select Committee shall prepare a work programme and shall lay such programme before Dáil Éireann and Seanad Éireann”.
1 The first meeting of the Dáil Select Committee took place on Wednesday 15 November 2017, and the first meeting of the Joint Committee took place on Wednesday 29 November 2017.
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2. Dáil Select Committee
2.1. Introduction
The function of the Dáil Select Committee is to consider Bills, Estimates and other business referred to it by Dáil Éireann which relate to the Department of Rural and Community Development.
2.2. Legislation
The Department has indicated that the following bill(s) and statutory instrument(s) will form part of the Government’s and Minister’s Legislative Programme for 2019.
2.2.1. Bills
Occupiers Liability (Amendment) Bill 2018.
2.2.2. Statutory Instruments Control of Dogs (Dogs Licensing Database) Regulations 2018.
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2.3. Estimates and other Financial Matters
Select Committees are tasked with consideration of annual Estimates for Public Services that fall within their remit. The Estimates are Ministers’ spending plans for the coming financial year. When the Estimates are referred to Select Committees for consideration, this Committee will have a valuable opportunity to question the Minister for Rural and Community Development (and the Minister of State) on financial allocations and associated output targets for the coming year.
There is a time limit to the Committee’s consideration of the estimate. Dáil Standing Order 182(3) provides that:
“... [W]here the Dáil enters into consideration of any motion under Standing Order 180 in respect of [an] Estimate or Estimates, the Order of referral of that Estimate to that Select Committee shall stand rescinded”.
A Supplementary Estimate may be considered in December if additional monies are required by the relevant Government Department.
The Select Committee is required to consider the Estimates but is not empowered to make amendments to the Estimates.2
In addition, the examination of the Annual Output Statements (AOS) including performance, efficiency and effectiveness in the use of public monies and Value for Money (VFM) Reviews is another important part of scrutinising Government expenditure.
2.4. Referrals of Motions and Other Matters
From time to time, matters may arise and may be referred to the Select Committee by the Dáil. It is not possible to say in advance what those matters might be or when they might arise. However, there are no items currently referred to the Select Committee.
2 [T]he subheads determine the items in the Appropriation Account, facilitate the financial control of the Dáil and enable the Department of Public Expenditure and Reform to exercise control over expenditure. The subheads as such have no legal effect. It is possible, in certain circumstances, to transfer allocations between subheads. This is known as virement. From Government Accounting (Department of Public Expenditure and Reform).
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3. Joint Committee
3.1. Introduction
The Joint Committee may consider and report to the Dáil and Seanad on:
• such aspects of the expenditure, administration and policy of a Government Department or Departments and associated public bodies as the Committee may select, and • European Union matters within the remit of the relevant Department or Departments.
The duties of the Joint Committee are discharged in two ways:
• items of business referred to the Joint Committee by one or both Houses; • the Joint Committee may select business for consideration itself, from the areas within its orders of reference.
In practice, the Joint Committee’s core work will consist of key policy and governance priorities and EU business.
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3.2. EU Business
Summary information is available below. More detailed information about the Joint Committee’s EU Scrutiny activities may be found in the Committee’s EU Scrutiny Work Programme 2019.
3.2.1. Scrutiny of draft EU Legislative Proposals
The scrutiny of draft EU legislative proposals will continue to be a standing agenda item of the Joint Committee. Draft proposals will be brought to the attention of the Joint Committee by setting out priority (Schedule A) and non- priority (Schedule B) items.
3.2.2. Engagement with Ministers
Ministers of the Government attend EU Council meetings in their relevant policy areas and it is intended that the Joint Committee will invite the Minister for Rural and Community Development from time to time to give oral briefings in advance of and / or after his attendance at the appropriate Council (configuration 3 ) meetings.
3.2.3. Engagement with Secretary General on the Statutory Departmental Scrutiny Report There is a requirement under S.2(5) of the European Union (Scrutiny) Act 2002 for Ministers to report twice yearly to both Houses on the measures, proposed measures and other developments in relation to the European Communities and the European Union in relation to which s/he performs functions. The Joint Committee may consider these reports with the Secretary General of the Department.
3Council of the European Union - Meetings of the Agriculture and Fisheries Council (Presidency: Bulgaria January to June 2018, Austria July to December 2018). More information is available at: • the Austrian Presidency Web site https://www.eu2018.at/presidency-austria/the-presidency.html • and the Council of the European Union Web site: http://www.consilium.europa.eu/en/council-eu/ Also, the following documents of the European Parliament may be of interest: • Towards a Post-2020 Common Agricultural Policy • Second pillar of the CAP: rural development policy
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3.2.4. Engagement with European Bodies
The Committee will continue to further its engagement with European bodies 4 such as the EU Commission, European Court of Auditors and the EU Parliament and its committees during 2019, including delegation visits where appropriate.
Engagement with European Bodies 2018
• The Committee met the EU Court of Auditors (informally with the Joint Committee on Agriculture, Food and the Marine) on 24 January 2018. • The Committee (in joint session with the Joint Committee on Agriculture, Food and the Marine) met the EU Commissioner for Agriculture and Rural Development, Mr. Phil Hogan, on 26 April 2018. • The Committee met the European Commission DG (Directorate-General) Budget (informally with the Joint Committee on European Union Affairs) on Tuesday 12 July 2018.
4 More information is available at: • European Committee of the Regions; • European Economic and Social Committee;
• European Parliament Committee on Agriculture and Rural Development.
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3.3. Key Policy Priorities 2019
In the period January to December 2019, in addition to core business such as legislation and oversight matters concerning rural and community development, etc., the Joint Committee is empowered to consider such other policy issues as it may select within its terms of reference.
In order to be in a better position to shape policy, the Committee agreed to focus on a small number of policy topics with a view to publishing a number of short reports throughout the year, rather than a single large report.
The Committee decided to focus on the following five issues, with the aim of holding perhaps three meetings with relevant stakeholders per topic and producing a report on each topic to be laid before the Houses of the Oireachtas.
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3.3.1. Connectivity in Rural Ireland
The Committee will focus on rail, bus and road connectivity in rural Ireland, the provision of public transport for rural communities, and ways in which better interconnectivity between modes of transport could be achieved. See also 3.4.1, 3.4.2, and 3.4.3 below.
3.3.2. Dormant Accounts Legislation and Abandoned Safekeeping in Banks
The Committee understands that Irish banks have facilitated the safekeeping of property deposits on a gratuitous basis since their inception. It appears that thousands of these items were deposited (in a sealed condition) in Irish banks from the early 1800s to the mid 1980s, and now lie abandoned in bank vaults. It is proposed that the terms of the Dormant Accounts Act 2001 (as amended), or the National Monuments Act 1930 (as amended), as appropriate, should apply to these (safekeeping property) deposits. See also 3.4.9 below.
3.3.3. Local Small Businesses and Sustainability
The Committee will consider support for Local Small Businesses in Rural Ireland & Sustainability focusing on challenges facing small businesses in rural areas and issues such as commercial rates, finance, supports for small businesses, Local Development Companies, etc.
3.3.4. Issues relating to Rural Housing and One-off Builds
The Committee will focus on issues such as planning permission for one-off builds, water treatment schemes, septic tanks, etc.
3.3.5. Opportunities for New UNESCO Global Geoparks in Ireland
There is a worldwide network of 140 UNESCO Global Geoparks: there are three UNESCO Global Geoparks in Ireland. The Committee will consider the prospects of several other areas in Ireland which are interested in applying for UNESCO Global Geopark status. See also 3.4.14 below.
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3.4. Policy Reviews
The following topics were submitted by Committee members. Issues not considered by end of 2019 may form part of the Work Programme for 2020.
3.4.1. Connectivity in Rural Ireland
3.4.1.1. Rural Public Transport
• LocalLink, bus services; • Interconnectivity between services.
3.4.1.2. Opportunities for Investment in Heavy Rail
• Heavy Rail links with ports5 and airports6; • Commuter and Intercity rail services; • Line speeds, line capacity, and signalling on rural railway lines7; • Protection of closed and abandoned railway lines; • Whether EU funding is available for heavy rail investment, including for “Ten-T Intermodal Nodes”.
3.4.1.3. Rural Transport Fares
• Examine and fares and subsidies for rural transport to see if it is equitable with urban areas
5 Dublin port (North quays) and Waterford port have rail connections. Other ports do not, however Foynes is a possible project as the railway line from Limerick to Foynes is closed, but not abandoned. Rosslare Europort has a disused rail connection, while the Rosslare Europort – Dublin line is open, the Rosslare Strand – Waterford railway line is disused at present. Cork port does not have a rail facility. 6 The Committee understands (according to Irish Rail estimates quoted in National Transport Authority publications) that the estimated costs and benefits of the proposed Dublin Airport Heavy rail project (a 7.5km rail spur from Clongriffin on the Dublin – Belfast railway line) are as follows: (a) Cost €200M; (b) NPV (Net Present Value) of €1 billion (of benefits); (c) IRR (Internal Rate of Return) of 24%. The Committee also understands that a study was carried out by Clare County Council on the proposed Limerick to Shannon Airport railway. 7 This includes the following railway lines: Limerick – Ballybrophy; Limerick Junction – Waterford; Ballina - Manulla Junction.
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3.4.2. Western Rail Corridor
3.4.2.1. Flooding at Ballycar on the Galway – Limerick Railway
Phase 1: Flooding8 at Ballycar9 on the Galway to Limerick railway line is causing regular line closures, with increasing frequency.
It appears that no flood mitigation measures are planned.
3.4.2.2. Restoration of the Athenry – Tuam – Claremorris Railway
Phase 2: Independent costings and review of the restoration of the Athenry – Tuam - Claremorris railway line10.
This may include the restoration of the double track from Galway to Oranmore, and possible extension of the double track to Athenry.
3.4.2.3. Protection of the Claremorris – Collooney (Sligo) Railway
Phase 3: Protection of the Claremorris to Collooney (Sligo) closed railway line11 to enable future restoration of the railway line.
3.4.2.4. Planning the Collooney (Sligo) – Derry Railway
Phase 4: Planning the Collooney – Derry railway line.
3.4.3. Rural Roads
8 There are four types of flooding in Ireland: • pluvial (rain); • fluvial (river); • coastal; • groundwater. Groundwater flooding is the least understood type of flooding, and little or no research has been carried out on groundwater flooding, including the effect of climate change, until recently. The Office of Public Works is the lead agency for all flooding types, except groundwater. The Geological Survey is investigating groundwater flooding in counties Clare, Galway, Longford, Mayo, and Roscommon at present. 9 Near Newmarket on Fergus, County Clare.
10 Programme for a Partnership Government https://www.merrionstreet.ie/MerrionStreet/en/ImageLibrary/Programme_for_Partnership_Government.pdf 11 Ibid
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3.4.4. Community Banking
The Committee will consider the commitments in the Programme for a Partnership Government in relation to Community Banking.
“We will also advance a new model of ‘community banking’ by requesting An Post and the League of Credit Unions, as well as any other interested stakeholders, to investigate and propose a new model of community banking that provides a suite of banking services through the large network of Post Offices. This could be based on the Kiwibank model in New Zealand, where the Post Office owned bank provides a comprehensive suite of financial services, from personal loans and bank accounts to credit cards, business banking, and insurance…”
“We will thoroughly investigate the German Sparkassen model for the development of local public banks that operate within well-defined regions.” 12
The Committee will also consider the report of the Department of Finance and the Department of Rural and Community Development on Local Public Banking.13
3.4.5. Rural Broadband and Mobile Phone Coverage
3.4.6. Regional Rural Cohesion and the Effects of Brexit
3.4.6.1. Impact of Brexit on INTERREG Funding
• Impact of Brexit on current INTERREG projects between Ireland and Wales14 • Potential future partnerships with EU countries for INTERREG projects
3.4.7. Preventing Rural Crime Proposed meeting with An Garda Síochána.
3.4.8. Leader Funding – Review of application process
LEADER (Liaison Entre Actions de Développement de lʼEconomie Rurale)
12 Ibid
13 Local Public Banking in Ireland, Department of Finance and the Department of Rural and Community, 4 July 2018, Development, https://www.finance.gov.ie/wp-content/uploads/2018/07/Joint-Report-on-Local-Public-Banking.pdf
14 https://www.irelandwales.eu/what-is-the-programme
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Links between actions for the development of the rural economy.
3.4.9. Dormant Accounts Legislation and Abandoned Safekeeping in Banks
The Committee understands that Irish banks have facilitated the safekeeping of property deposits on a gratuitous basis since their inception. It appears that many of these items were deposited (in a sealed condition) in Irish banks from the early 1800s to the mid 1980s, and now lie abandoned in bank vaults. It is estimated that there are tens of thousands of these abandoned safekeeping deposits in Irish banks.
It is proposed that banks (and other institutions / bodies) should be required, by legislation, to:
• chronologically date safekeeping property deposits; • identify (safekeeping property) deposits where the records are sufficient to identify a living or beneficial owner; • identify (safekeeping property) deposits where the records are insufficient to establish ownership (these deposits are potentially owned by the State).
It is also proposed that the terms of the Dormant Accounts Act 2001 (as amended), or the National Monuments Act 1930 (as amended), as appropriate, should apply to these (safekeeping property) deposits.
The Committee would like to clarify any constitutional, statutory, common law, administrative, operational or other difficulties that may arise with the implementation of the proposals, and to identify possible solutions.
3.4.10. Support for Local Small Businesses in Rural Ireland & Sustainability
3.4.10.1. Main Street rejuvenation in rural towns and villages
• Supporting main street retail and businesses in rural towns and villages • Examine 6 towns involved in pilot projects to encourage town centre living15 • How small villages with populations of under 500 people, have very little opportunities for rural development programmes and if such
15 https://drcd.gov.ie/about/news-centre/press-releases/six-rural-towns-to-develop-innovative-proposals-to- encourage-town-centre-living/
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programmes could be considered for villages with population of up to 200 & 200-500 people;
3.4.11. Local Development Companies
Community-led local development and Smart villages.
3.4.12. Issues relating to Water and Sewerage
• Private Waste Water Treatment Plants and Planning Permission policy for one-off builds. • Provision of water and waste water to rural areas and state contribution to same.
3.4.13. RAPID Programme
(Revitalising Areas by Planning, Investment and Development)
3.4.14 Climate Change
• Measurement of Carbon emissions in Rural Ireland • Benefits of Trees and hedgerows on farms (including agroforestry) and in rural Ireland, and native woodlands, including as carbon sinks, • Flood risk mitigation, and various schemes under the Department of Agriculture, Food and the Marine;
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3.4.14. Opportunities for New UNESCO Global Geoparks in Ireland
There is a worldwide network of 140 UNESCO Global Geoparks.
The European Geoparks16 Network comprises 71 UNESCO Global Geoparks from 23 European Countries. At present, there are three UNESCO Global Geoparks in Ireland17.
The Committee will consider the prospects of several other interested areas18 in Ireland which are interested in applying for UNESCO Global Geopark status.
The Geological Survey19 provided information on existing UNESCO Geoparks20 and other interested areas.
16 http://www.europeangeoparks.org/ 17 UNESCO Global Geoparks in Ireland: • The Copper Coast (2001) in County Waterford; https://coppercoastgeopark.com/ • The Burren and Cliffs of Moher (2011) in County Clare; http://www.burrengeopark.ie/ • the Marble Arch Caves (2001), the world’s first cross-border Geopark (Fermanagh and Cavan). https://www.marblearchcavesgeopark.com/ 18 UNESCO World Geoparks - interested sites in Ireland (Source: Geological Survey of Ireland): • Joyce Country and the Western Lakes (Galway / Mayo); • Mourne Cooley Gullion (2007 -) (Down, Louth and Armagh); • Causeway Coast & Glens of Antrim (2012 -); • South Kerry (2004 -); • Allihies (County Cork); • Wicklow; • Sligo; • Offaly-Westmeath Eskers. 19 https://www.gsi.ie/en-ie 20 UNESCO Geoparks Celebrating Earth Heritage, Sustaining Local Communities “UNESCO Global Geoparks are single, unified geographical areas where sites and landscapes of international geological significance are managed with a holistic concept of protection, education and sustainable development. Their bottom-up approach of combining conservation with sustainable development while involving local communities has become increasingly popular.“ – Geological Survey
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3.5. Reports Published by the Government / Minister
The Committee will consider reports by the Minister and the Government, as appropriate, throughout the year.
3.5.1. A Framework Policy for Local and Community Development in Ireland (2015)
Our Communities: A Framework Policy for Local and Community Development in Ireland (2015) Published by the Department of Rural and Community Development on 15 December 2015.
3.5.2. Action Plan for Rural Development (2017)
Realising our Rural Potential – Action Plan for Rural Development (2017) Published by the Department of Rural and Community Development on 23 January 2017. Note: The Committee met officials from the Department of Rural and Community Development on 29 November 2017.
3.5.3. Local Public Banking in Ireland (2018)
Local Public Banking in Ireland, An analysis of a model for developing a system of local public banking in Ireland, (2018) Published by the Department of Finance and the Department of Rural and Community Development on 4 July 2018.
3.5.4. National Planning Framework (2018)
Project Ireland 2040: National Planning Framework (2018) Published by the Government on 16 February 2018. Note: The Committee met Mr. Damien English T.D., Minister of State at the Department of Housing, Planning, and Local Government, on 13 December 2017.
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3.6. Oversight of the Department of Rural and Community Development and Associated Bodies
The Committee will meet the following witnesses, as appropriate, throughout the year:
a) the Minister, the Minister of State, and officials from the Department of Rural and Community Development; b) the Charities Regulator; c) Irish Water Safety; d) Pobal; e) Western Development Commission; f) EU institutions.
3.7. Legislation
The Committee will consider the following matters as required.
3.7.1. Bills
Bills are referred to the Select Committee.
The Joint Committee may carry out a detailed scrutiny of a (private member’s) bill where pre-legislative scrutiny has not been carried out, following the Guidelines set out by the Working Group of Committee Chairmen.
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3.7.2. Statutory Instruments - Parliamentary Control Procedure
Statutory instruments laid before the Houses are listed on the Order Papers and categorised as “Requiring Motion of Approval”, or “Open to Motion to Annul”.
3.7.2.1. Requiring Motion of Approval
The statutory instrument only comes into force when it is approved by both Houses of the Oireachtas after consideration by the Committee.
3.7.2.2. Open to Motion to Annul (usually 21 sitting days)
The statutory instrument is annulled when an objection is passed by either House of the Oireachtas, usually within 21 sitting days of the date laid before the Houses, usually after consideration by the Committee.
3.7.2.3. Open to Motion to Annul (EU Case: 21 sitting days or one year)
Regulations under the European Communities Act 1972 which make provision for offences to be prosecuted on indictment may be annulled if a resolution annulling the regulation is passed by either House within the next 21 days after it is laid.
Otherwise the regulations under the European Communities Act 1972 may be annulled when a resolution annulling the regulations is passed by both Houses within one year after the regulations are made, usually following consideration by the Committee.
There are provisions in the Act for recalling a House, if the House is in recess.
This Act includes a “Henry VIII clause21” (allowing primary legislation to be amended by secondary legislation).
21 European Communities Act 1972 (Revised) Power to make regulations. 3.— (2) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister making the regulations to be necessary for the purposes of the regulations (including provisions repealing, amending or applying, with or without modification, other law, exclusive of this Act).
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3.8. Pre-Legislative Scrutiny / Post-enactment
In addition to this core work, the Joint Committee is also empowered to consider the examination of the general scheme or draft heads of Government Bills.
The Committee may also carry out a detailed scrutiny of Private Members Bills, whether referred to the Select Committee, or which have passed second stage, with a deferred date.
The Committee may also consider any post-enactment report on any Bill enacted in the previous 12 months by the Houses of the Oireachtas in respect of the Department.
The following pieces of legislation are listed in the current Government’s or Minister’s Legislative Programme and are expected to undergo pre-legislative scrutiny (PLS) this session.
3.8.1. Bills
Occupiers Liability (Amendment) Bill 2018.
3.8.2. Statutory Instruments
Control of Dogs (Dogs Licensing Database) Regulations 2018.
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3.9. Engagement with Chairmen Designate
The Joint Committee may engage22 with the Chairman designate of a body or agency under the aegis of the Department of Rural and Community Development, prior to their nomination for appointment, to discuss their strategic priorities for the role.
The Department has indicated that the following chairmen designate are expected to be available to the Committee on the following dates:
• Chairman of the Western Development Commission – June 201923;
• Chairman of POBAL – September 2019.
3.10. Financial Scrutiny
In keeping with a whole of year approach, it is the Committee’s intention to have an exchange of views with the Minister in 2019 on the emerging position for 2019 and 2020.
22 Confirmation process for Chairpersons: “A further element of the new system established in 2011 was that persons being proposed by Ministers for appointment as Chairpersons of State Bodies/Agencies were required to make themselves available to the appropriate Oireachtas Committee to discuss the approach which they will take to their role as chairperson and their views about the future contribution of the body or Board in question.”. For further information see Guidelines on Appointments to State Boards, Department of Public Expenditure and Reform, November 2014. 23 The Committee engaged with the chairman designate of the Western Development Commission on 27 June 2018.
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4. Conclusion
This Work Programme for 2019 of the Joint Committee on Rural and Community Development was agreed by the Joint Committee on 18 December 2019.
In accordance with Standing Orders of Dáil Éireann and Seanad Éireann, it was agreed that the Work Programme be laid before both Houses of the Oireachtas.
______Joe Carey T.D. Chairman 18 December 2019
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Appendix 1: Orders of Reference of the Joint Committee
Functions of the Departmental Select Committee (Derived from Standing Orders [DSO24 84A; SSO25 71]) 1) The Dáil may appoint a Select Committee to consider and report to the Dáil on— a) such aspects of the expenditure, administration and policy of a Government Department or Departments and associated public bodies as the Committee may select, and b) European Union matters within the remit of the relevant Department or Departments. 2) A Select Committee appointed pursuant to this Standing Order may be joined with a Select Committee appointed by Seanad Éireann for the purposes of the functions set out in this Standing Order, other than at paragraph (3), and to report thereon to both Houses of the Oireachtas. 3) Without prejudice to the generality of paragraph (1), a Select Committee appointed pursuant to this Standing Order shall consider, in respect of the relevant Department or Departments, such— a) Bills, b) proposals contained in any motion, including any motion within the meaning of Standing Order 187, c) Estimates for Public Services, and d) other matters
as shall be referred to the Select Committee by the Dáil, and
e) Annual Output Statements including performance, efficiency and effectiveness in the use of public moneys, and f) such Value for Money and Policy Reviews as the Select Committee may select.
24 Dáil Standing Orders 2017 25 Seanad Standing Orders 2017
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4) Without prejudice to the generality of paragraph (1), a Select Committee appointed pursuant to this Standing Order may consider the following matters in respect of the relevant Department or Departments and associated public bodies: a) matters of policy and governance for which the Minister is officially responsible, b) public affairs administered by the Department, c) policy issues arising from Value for Money and Policy Reviews conducted or commissioned by the Department, d) Government policy and governance in respect of bodies under the aegis of the Department, e) policy and governance issues concerning bodies which are partly or wholly funded by the State or which are established or appointed by a member of the Government or the Oireachtas, f) the general scheme or draft heads of any Bill, g) any post-enactment report laid before either House or both Houses by a member of the Government or Minister of State on any Bill enacted by the Houses of the Oireachtas, h) statutory instruments, including those laid or laid in draft before either House or both Houses and those made under the European Communities Acts 1972 to 2009, i) strategy statements laid before either or both Houses of the Oireachtas pursuant to the Public Service Management Act 1997, j) annual reports or annual reports and accounts, required by law, and laid before either or both Houses of the Oireachtas, of the Department or bodies referred to in subparagraphs (d) and (e) and the overall performance and operational results, statements of strategy and corporate plans of such bodies, and k) such other matters as may be referred to it by the Dáil from time to time.
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5) Without prejudice to the generality of paragraph (1), a Select Committee appointed pursuant to this Standing Order shall consider, in respect of the relevant Department or Departments— a) EU draft legislative acts standing referred to the Select Committee under Standing Order 114, including the compliance of such acts with the principle of subsidiarity, b) other proposals for EU legislation and related policy issues, including programmes and guidelines prepared by the European Commission as a basis of possible legislative action, c) non-legislative documents published by any EU institution in relation to EU policy matters, and d) matters listed for consideration on the agenda for meetings of the relevant EU Council of Ministers and the outcome of such meetings. 6) Where a Select Committee appointed pursuant to this Standing Order has been joined with a Select Committee appointed by Seanad Éireann, the Chairman of the Dáil Select Committee shall also be the Chairman of the Joint Committee. 7) The following may attend meetings of a Select or Joint Committee appointed pursuant to this Standing Order, for the purposes of the functions set out in paragraph (5) and may take part in proceedings without having a right to vote or to move motions and amendments: a) members of the European Parliament elected from constituencies in Ireland, including Northern Ireland, b) members of the Irish delegation to the Parliamentary Assembly of the Council of Europe, and c) at the invitation of the Committee, other members of the European Parliament. 8) A Select Committee appointed pursuant to this Standing Order may, in respect of any Ombudsman charged with oversight of public services within the policy remit of the relevant Department or Departments, consider— a) such motions relating to the appointment of an Ombudsman as may be referred to the Committee, and b) such Ombudsman reports laid before either or both Houses of the Oireachtas as the Committee may select: Provided that the provisions of Standing Order 111F apply where the Select Committee has not considered the Ombudsman report, or a portion or portions thereof, within two months (excluding Christmas, Easter or summer recess periods) of the report being laid before either or both Houses of the Oireachtas.
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Scope and Context of Activities of Committees (as derived from Standing Orders) [DSO 84; SSO 70] 1) The Joint Committee may only consider such matters, engage in such activities, exercise such powers and discharge such functions as are specifically authorised under its orders of reference and under Standing Orders.
2) Such matters, activities, powers and functions shall be relevant to, and shall arise only in the context of, the preparation of a report to the Dáil and/or Seanad.
3) The Joint Committee shall not consider any matter which is being considered, or of which notice has been given of a proposal to consider, by the Committee of Public Accounts pursuant to Standing Order 186 and/or the Comptroller and Auditor General (Amendment) Act 1993.
4) The Joint Committee shall refrain from inquiring into in public session or publishing confidential information regarding any matter if so requested, for stated reasons given in writing, by—
a) a member of the Government or a Minister of State, or
b) the principal office-holder of a body under the aegis of a Department or which is partly or wholly funded by the State or established or appointed by a member of the Government or by the Oireachtas:
Provided that the Chairman may appeal any such request made to the Ceann Comhairle / Cathaoirleach whose decision shall be final.
5) It shall be an instruction to all Select Committees to which Bills are referred that they shall ensure that not more than two Select Committees shall meet to consider a Bill on any given day, unless the Dáil, after due notice given by the Chairman of the Select Committee, waives this instruction on motion made by the Taoiseach pursuant to Dáil Standing Order 28. The Chairmen of Select Committees shall have responsibility for compliance with this instruction.
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Orders of the Dáil and Seanad
Order of the Dáil 16 June 201626 (Establishment of Select Committees)
1) That Select Committees as set out in column (1) of the Schedule27 hereto are hereby appointed pursuant to Standing Order 84A. 2) Each Select Committee shall perform the functions set out in Standing Order 84A in respect of the Government Department or Departments listed in column (2) opposite each Committee (in anticipation of the coming into effect of the necessary Government Orders in relation to names of Departments and titles of Ministers and transfer of Departmental Administration and Ministerial Functions). 3) The number of members appointed to each Select Committee shall be seven. 4) Each Select Committee shall have the powers defined in Standing Order 85 (1), (2) and (3). 5) Each Select Committee shall be joined with a Select Committee appointed by Seanad Éireann to form a Joint Committee to carry out the functions set out in Standing Order 84A, other than at paragraph (3) thereof. 6) Each Joint Committee shall have the powers defined in Standing Orders 85 (other than paragraph (2A) thereof), 114 and 116. 7) The Select Committee on Justice and Equality shall have the powers defined in Standing Order 115(1)(b). 8) The Order of the Dáil of 10th March, 2016 in relation to the Standing Order 112 Select Committee is hereby rescinded and the Committee is accordingly dissolved.
Order of the Dáil 26 September 2017 (Establishment of Committee) That: a) the Select Committee on Rural and Community Development is hereby appointed– i. pursuant to, and to perform the functions set out in, Standing Order 84A, in respect of the Department of Rural and Community Development, and ii. with the Orders of Reference of Select Committees contained in the Order of the Dáil of 16 June 2016;
26 Dáil Éireann Debate, Vol. 913 No. 3
27 Schedule – see Order of the Dáil 26 September 2017.
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Order of the Dáil 7 November 2017 (Number of Members) That, notwithstanding anything in the Orders of the Dáil of 26th September 2017 or 16th June 2016, the number of members appointed to the Select Committee on Rural and Community Development shall be nine, and that Dáil Éireann:
a) approves the Fourteenth Report of the Standing Committee of Selection in accordance with Standing Order 27F, copies of which were laid before Dáil Éireann on 26th October 2017, and discharges and appoints members to Committees accordingly; ...
Order of the Seanad 21 July 2016 (Establishment of Select Committees) Seanad Éireann Debate, Vol. 247 No. 5 (Order of the Seanad 21 July 2016)
1) That Select Committees as set out in column (1) of the Schedule hereto are hereby appointed pursuant to Standing Order 70A. 2) Each Select Committee shall perform the functions set out in Standing Order 70A in respect of the Government Departments listed in column (2) opposite each Committee (in anticipation of the coming into effect of the necessary Government Orders in relation to names of Departments and titles of Ministers and transfer of Departmental Administration and Ministerial Functions). 3) The number of members appointed to each Select Committee shall be four. 4) Each Select Committee shall have the powers defined in Standing Order 71 (1), (2) and (3). 5) Each Select Committee shall be joined with a Select Committee appointed by Dáil Éireann to form a Joint Committee to carry out the functions set out in Standing Order 70A. 6) Each Joint Committee shall have the powers defined in Standing Orders 71 (other than paragraph (2A) thereof), 107 and 109. 7) The Select Committee on Justice and Equality shall have the powers defined in Standing Order 108(1)(b).
Order of the Seanad 16 November 2017 Schedule (Extract)
• Committee: Select Committee on Rural and Community Development • Department: Rural and Community Development.
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Powers of the Select Committee
Dáil Standing Order 85 (Extract) 85. Without prejudice to the generality of Standing Order 84, the Dáil may confer any or all of the following powers on a Select Committee:
1) power to take oral and written evidence and to print and publish from time to time minutes of such evidence taken in public before the Select Committee together with such related documents as the Select Committee thinks fit; 2) power to invite and accept oral presentations and written submissions from interested persons or bodies;
(2A) power to send for persons, papers and records28 29
3) power to appoint sub-Committees and to refer to such sub-Committees any matter comprehended by its orders of reference and to delegate any of its powers to such sub-Committees, including power to report directly to the Dáil;
28 See also S.O. 88 29 This power is not included in the Committee’s orders of reference
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Powers of the Joint Committee
Dáil Standing Order 85 (Powers of Committees) 85. Without prejudice to the generality of Standing Order 84, the Dáil may confer any or all of the following powers on a Select Committee:
1) power to take oral and written evidence and to print and publish from time to time minutes of such evidence taken in public before the Select Committee together with such related documents as the Select Committee thinks fit; 2) power to invite and accept oral presentations and written submissions from interested persons or bodies;
(2A) power to send for persons, papers and records30 31
3) power to appoint sub-Committees and to refer to such sub-Committees any matter comprehended by its orders of reference and to delegate any of its powers to such sub-Committees, including power to report directly to the Dáil; 4) power to draft recommendations for legislative change and for new legislation;
(4A) power to examine any statutory instrument, including those laid or laid in draft before either House or both Houses and those made under the European Communities Acts 1972 to 2009, and to recommend, where it considers that such action is warranted, whether the instrument should be annulled or amended;
(4B) for the purposes of paragraph (4A), power to require any Government Department or instrument- making authority concerned to submit a Memorandum to the Select Committee explaining any statutory instrument under consideration or to attend a meeting of the Select Committee for the purpose of explaining any such statutory instrument: Provided that such Department or authority may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Dáil;
5) power to require that a member of the Government or Minister of State shall attend before the Select Committee to discuss policy for which he or she is officially responsible: Provided that a member of the Government or Minister of State may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Dáil: and provided further that a member of the Government or Minister of State may request to attend a meeting of the Select Committee to enable him or her to discuss such policy;
30 See also S.O. 88 31 This power is not included in the Committee’s orders of reference
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6) power to require that a member of the Government or Minister of State shall attend before the Select Committee to discuss proposed primary or secondary legislation (prior to such legislation being published) for which he or she is officially responsible: Provided that a member of the Government or Minister of State may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Dáil: and provided further that a member of the Government or Minister of State may request to attend a meeting of the Select Committee to enable him or her to discuss such proposed legislation;
(6A) power to require that a member of the Government or Minister of State shall attend before the Select Committee and provide, in private session if so requested by the member of the Government or Minister of State, oral briefings in advance of meetings of the relevant EU Council of Ministers to enable the Select Committee to make known its views: Provided that the Committee may also require such attendance following such meetings;
(6B) power to require that the Chairperson designate of a body or agency under the aegis of a Department shall, prior to his or her appointment, attend before the Select Committee to discuss his or her strategic priorities for the role;
(6C) power to require that a member of the Government or Minister of State who is officially responsible for the implementation of an Act shall attend before a Select Committee in relation to the consideration of a report under Standing Order 164A;
7) subject to any constraints otherwise prescribed by law, power to require that principal office-holders in bodies in the State which are partly or wholly funded by the State or which are established or appointed by members of the Government or by the Oireachtas shall attend meetings of the Select Committee, as appropriate, to discuss issues for which they are officially responsible: Provided that such an office- holder may decline to attend for stated reasons given in writing to the Select Committee, which may report thereon to the Dáil; 8) power to engage, subject to the consent of the Houses of the Oireachtas Commission, the services of persons with specialist or technical knowledge, to assist it or any of its sub-Committees in considering particular matters; and 9) power to undertake travel, subject to— i. such recommendations as may be made by the Working Group of Committee Chairmen under Standing Order 108(4)(a); and ii. the consent of the Houses of the Oireachtas Commission, and normal accounting procedures.
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Dáil Standing Order 114 (Draft legislative acts: eight week limit to express opinion on infringement of subsidiarity (“yellow and orange card”)) 1) In accordance with Article 6 of Protocol No. 2 to the Treaty on European Union and the Treaty on the Functioning of the European Union (Protocol on the Application of the Principles of Subsidiarity and Proportionality) as applied by section 7(3) of the European Union Act 2009, the Dáil may empower a Select Committee to form a reasoned opinion that a draft legislative act (within the meaning of Article 3 of the said Protocol) does not comply with the principle of subsidiarity. 2) All draft legislative acts forwarded to the Dáil under Article 4 of the said Protocol shall stand referred to a Select Committee empowered under this Standing Order. 3) It shall be an instruction to a Select Committee empowered under this Standing Order that— a) in forming a reasoned opinion on whether a draft legislative act complies with the principle of subsidiarity, the Committee shall consult with such other Committees and such stakeholders as it considers appropriate; b) where the Committee is of the opinion that a draft legislative act does not comply with the principle of subsidiarity, it shall submit a reasoned opinion to this effect by way of a report which shall be laid before the Dáil; and c) where a report has been laid by the Committee under paragraph (3)(b) of this Standing Order, the Chairman shall forthwith table a motion thereon under section 7(3) of the European Union Act 2009, and such motion shall be given priority on the Order Paper in accordance with Standing Order 30; Provided that the Dáil may substitute, add to or otherwise vary, the reasoned opinion set out in the Committee’s report by way of amendment to the motion tabled by the Chairman under this paragraph. 4) Where the Dáil agrees a motion tabled pursuant to paragraph (3)(c) of this Standing Order, either with or without amendment, the Ceann Comhairle shall cause a copy of— a) the Resolution agreed by the Dáil, b) the reasoned opinion agreed by the Dáil, and c) the report of the Committee referred to in paragraph (3)(c),
to be sent to the Presidents of the European Parliament, the Council and the Commission.
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Dáil Standing Order 116 (Legislative acts: infringement of subsidiarity: request for review by EU Court of Justice) 1) In accordance with Article 8 of Protocol No. 2 to the Treaty on European Union and the Treaty on the Functioning of the European Union (Protocol on the Application of the Principles of Subsidiarity and Proportionality) as applied by section 7(4) of the European Union Act 2009, the Dáil may empower a Select Committee to consider whether any act of an institution of the European Union infringes the principle of subsidiarity. 2) It shall be an instruction to a Select Committee empowered under this Standing Order that— a) in considering whether an act of an institution of the European Union infringes the principle of subsidiarity, the Committee shall consult with such other Committees and such stakeholders as it considers appropriate; b) where the Committee is— i. of the opinion that an act of an institution of the European Union infringes the principle of subsidiarity; and ii. wishes that proceedings seeking a review of the act concerned be brought to the Court of Justice of the European Union,
it shall lay a report to this effect before the Dáil; and
c) where a report has been laid by the Committee under paragraph (2)(b) of this Standing Order, the Chairman shall forthwith table a motion thereon under section 7(4) of the European Union Act 2009, which shall be given priority on the Order Paper in accordance with Standing Order 30. 3) The Ceann Comhairle shall cause a copy of all Resolutions made by the Dáil in accordance with paragraph (2)(c) of this Standing Order to be sent to the relevant Minister.
Dáil Standing Order 164A (Post-enactment Report) Twelve months following the enactment of a Bill, save in the case of the Finance Bill and the Appropriation Bill, the member of the Government or Minister of State who is officially responsible for implementation of the Act shall provide a report which shall review the functioning of the Act and which shall be laid in the Parliamentary Library.
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Appendix 2: Current Members of the Joint Committee
Dáil Select Committee (Deputies / Teachtaí Dála) Joe Carey (Chairman) (Fine Gael) / Seosamh Ó Ciardha
Peter Burke (Fine Gael) / Peadar de Búrca
Seán Canney (Independent32) / Seán Ó Ceannaigh
Michael Collins (Rural Independent Group) / Micheál Ó Coileáin
Michael Fitzmaurice (Independent33) / Micheál Mac Muiris
Éamon Ó Cuív (Fianna Fáil) / Éamon Ó Cuív
Willie Penrose (The Labour Party) / Liam Peanrós
Niamh Smyth (Fianna Fáil) / Niamh Nic Gabhann
Brian Stanley (Sinn Féin)
Seanad Select Committee (Senators / Seanadóirí) Paudie Coffey (Fine Gael)
Maura Hopkins (Fine Gael)
Ian Marshall (Independent)
Lynne Ruane (Independent)
32 Not aligned with any party or group. 33 Not aligned with any party or group.
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Dáil Select Committee – Photographs
Peter Burke TD Seán Canney TD Joe Carey TD (Chairman) Fine Gael Independent Fine Gael
Michael Collins TD Michael Fitzmaurice TD Éamon Ó Cuív TD Rural Independent Group Independent Fianna Fáil
Willie Penrose TD Niamh Smyth TD Brian Stanley TD The Labour Party Fianna Fáil Sinn Féin
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Seanad Select Committee - Photographs
Senator Paudie Coffey Senator Maura Hopkins Senator Ian Marshall
Fine Gael Fine Gael Independent
Senator Lynn Ruane
Independent
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Membership Changes
1. The Dáil appointed the following members to the select committee (nominated by the Committee of Selection) on 3 October 2017: Deputies Seán Canney, Joe Carey, Michael Fitzmaurice, Carol Nolan, Éamon Ó Cuív, Willie Penrose and Niamh Smyth Na Teachtaí Seán Ó Ceannaigh, Seosamh Ó Ciardha, Micheál Mac Muiris, Caral Uí Nualláin, Éamon Ó Cuív, Liam Peanrós agus Niamh Nic Gabhann
2. The Dáil Committee of Selection nominated Deputies Peter Burke and Michael Collins on 26 October 2017.
3. The Seanad Committee of Selection nominated Senators Martin Conway, Maura Hopkins, Denis Landy and Grace O'Sullivan on 16 November 2017.
4. Senator Denis Landy resigned from the Seanad with effect from 28 November 2017.
5. Senator Martin Conway was discharged from the Committee at his own request and Senator Paudie Coffey was appointed with effect from 13 February 2018.
6. Deputy Carol Nolan was discharged from the Committee and the Dáil appointed Deputy Martin Kenny with effect from 17 April 2018.
7. Senator Grace O’Sullivan ceased being a member of the Committee following her election to the European Parliament with effect from 01 July 2019.
8. Deputy Martin Kenny was discharged from the Committee and the Dáil appointed Deputy Brian Stanley with effect from 11 July 2019.
9. The Seanad Committee of Selection nominated Senator John Dolan and Senator Ian Marshall on 11 July 2019.
10. The Seanad Committee of Selection discharged, at his own request, Senator John Dolan and nominated Senator Lynn Ruane on 26 November 2019. Committee Contact Details
Clerk to the Joint Committee on Rural and Community Cléireach an Chomhchoiste um Fhorbairt Tuaithe agus Development Pobail Houses of the Oireachtas, Tithe an Oireachtais, Leinster House, Teach Laighean, Kildare Street, Sráid Chill Dara, Dublin 2, Baile Átha Cliath 2, D02 XR20 D02 XR20 Ireland Éire
Fón Phone + 353 1 618 3054 | + 353 1 618 3000 | Fón póca Mob + 353 86 045 4204
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rphost e [email protected] | [email protected] Suíomh Gréasáin an Choiste | Committee's Web site 34
All correspondence should be addressed to the Clerk.
Appendix 3: Department of Rural and Community Development
Ministers and Secretary General
Michael Ring T.D.
Minister
for
Rural and Community Development
Seán Canney T.D.
Minister of State
at the
Department of Rural and Community Development
34 https://www.oireachtas.ie/en/committees/32/rural-and-community-development/
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Kevin McCarthy
Secretary General
Department of Rural and Community Development
Oversight of the Department of Rural and Community Development
Oversight by the Joint Committee The joint committee shadows the Department of Rural and Community Development, bodies under its aegis, and associated bodies.
The joint committee will also carry out ex ante, current year, and ex post scrutiny of the performance of the Department, including output measures and financial indicators.
There are four bodies under the aegis of the Department and they may be required to appear before the joint committee (see appendix 4).
The committee may also, of its own initiative, initiate a review of policy of any area within its remit, or may also carry out a policy review combined with one or more other joint committees.
The functions of the Department, and consequently the remit of this committee, can be broadly categorised into the following areas, based on the Department’s Statement of Strategy 2017 - 2020 (15 March 2018):
Strategic Goal 1: To advance the economic and social development of rural areas
Strategic Goal 2: Contribute to Enhanced Regional Development
Strategic Goal 3: Support Local Communities to Develop
Strategic Goal 4: Support the Community, Voluntary and Charity Sectors
The Department is organised in three Divisions, each of which is headed by an Assistant Secretary or Director:
1) Community Division: Ms Bairbre Nic Aongusa; 2) Rural Development & Regional Affairs Division: Mr. William Parnell; 3) Corporate Division: Ms Sheenagh Rooney.
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Appearance of the Secretary General (Public Service Management Act 1997) 10.—
The Secretary General of a Department or Head of a Scheduled Office or any other officer of the Department or Scheduled Office who is designated for the purposes of this section by the aforesaid Secretary General or Head and to whom the relevant responsibility for the performance of functions has been assigned, shall, when requested to do so in writing by a committee of either or both of the Houses of the Oireachtas authorised in that behalf to make the request in connection with the subject-matter before the committee, appear before the committee in relation to any strategy statement that has been laid before each House of the Oireachtas under section 5 (2) in respect of the Department or Scheduled Office.
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Appendix 4: Agencies under the aegis of the Department of Rural and Community Development
Charities Regulator “The Charities Regulator is Ireland's national statutory regulator for charitable organisations. The Charities Regulator is an independent authority and was established in October 2014 under the Charities Act 2009.
The key functions of the Regulator are to establish and maintain a public register of charitable organisations operating in Ireland and ensure their compliance with the Charities Acts.
The Regulator also engages in the provision of services to charities including the authorising of appointments of new charitable trustees, the framing of schemes of incorporation, authorisation of Cy-près schemes and disposition of lands held upon charitable trusts.”
Charities Regulator Web site
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Accountability of Chief Executive (of the Charities Regulator35) to the Committee (Charities Act 2009 (Revised)) 23.—
1) In this section “Committee” means a Committee appointed by either House of the Oireachtas or jointly by both Houses of the Oireachtas (other than the Committee referred to in section 22 or the Committee on Members’ Interests of Dáil Éireann or the Committee on Members’ Interests of Seanad Éireann) or a subcommittee of such a Committee. 2) Subject to subsection (3), the chief executive shall, at the request in writing of a Committee, attend before it to give account for the general administration of the Authority. 3) The chief executive shall not be required to give account before a Committee for any matter which is or has been or may at a future time be the subject of proceedings before a court or Tribunal in the State. 4) Where the chief executive is of the opinion that a matter in respect of which he or she is requested to give an account before a Committee is a matter to which subsection (3) applies, he or she shall inform the Committee of that opinion and the reasons for the opinion and, unless the information is conveyed to the Committee at a time when the chief executive is before it, the information shall be so conveyed in writing. 5) Where the chief executive has informed a Committee of his or her opinion in accordance with subsection (4) and the Committee does not withdraw the request referred to in subsection (2) in so far as it relates to a matter the subject of that opinion— a) the chief executive may, not later than 21 days after being informed by the Committee of its decision not to do so, apply to the High Court in a summary manner for determination of the question whether the matter is one to which subsection (3) applies, or b) the Chairperson of the Committee may, on behalf of the Committee, make such an application, and the High Court shall determine the matter. 6) Pending the determination of an application under subsection (5), the chief executive shall not attend before the Committee to give account for the matter the subject of the application. 7) If the High Court determines that the matter concerned is one to which subsection (3) applies, the Committee shall withdraw the request referred to in subsection (2), but if the High Court determines that subsection (3) does not apply, the chief executive shall attend before the Committee to give account for the matter. 8) In the performance of his or her duties under this section, the chief executive shall not question or express an opinion on the merits of any policy of the Government or a Minister of the Government or on the merits of the objectives of such a policy.
35 Formally the Charities Regulatory Authority.
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Irish Water Safety “The statutory, voluntary body and registered charity established to promote water safety and reduce drownings in Ireland.
Our focus is on Public Awareness and Education. Tragically, an average of 133 people drown in Ireland each year, eleven every month. We strive to reduce these fatalities by increasing water safety awareness and by changing attitudes and behaviours so that our aquatic environments can be enjoyed with confidence and safety.”
Irish Water Safety Web site
POBAL “Pobal is a not-for-profit company that manages programmes on behalf of the Irish Government and the EU.
We are an intermediary that works on behalf of Government to support communities and local agencies toward achieving social inclusion, reconciliation and equality. We do this by managing funding and providing resources for suitable programmes. In 2016, we provided management and support services to circa 24 programmes for four different Government departments and EU bodies.”
Pobal Web site
The committee met representatives from Pobal on 31 January 2018.
Western Development Commission “The Western Development Commission is a state body set up to develop the Western Region by:
Ensuring that government policy is directed at improving the social and economic situation in the Western Region from Donegal to Clare. Developing projects on a regional basis in sectors such as tourism, industry, marine, renewable energy, technology and organic agri-food.
Operating a €32 million Western Investment Fund that provides loans and equity to business and local communities in the Western Region. This Fund operates on a commercial basis and aims to become revolving, re-investing monies back into the Region.”
Western Development Commission Web site
The committee met representatives from the Western Development Commission on 27 June 2018.
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Appendix 5: Department of Rural and Community Development 2018 Work Plan36
Statement of Strategy 2017-2020 The Department’s Statement of Strategy will be published in Q1 2018.
Action Plan for Rural Development The 2nd six-monthly Progress Report on the implementation of the Action Plan for Rural Development will be published in March 2018. The 3rd Progress Report will be published in early August 2018.
National Policy on Social Enterprise The National Policy on Social Enterprise is expected to be published at the end of Q1 2018, subject to Government approval.
Dormant Accounts Action Plan 2018 The Dormant Accounts Action Plan 2018 will be published in Q2 2018.
Dormant Accounts Fund Action Plan The Annual Report on the 2017 Dormant Accounts Fund Action Plan will be published before the end of Q2 2018.
Mobile Phone and Broadband Taskforce 2017 Annual Review The Mobile Phone and Broadband Taskforce was established in July 2016 arising from a commitment in the Programme for a Partnership Government.
The role of the Taskforce was to examine solutions to address broadband/mobile phone coverage deficits and to identify tangible actions that can be taken to improve the quality of broadband and mobile voice services being provided to citizens across Ireland, prior to the rollout of the NBP.
The Taskforce published its final report in December 2016 containing 40 actions across a range of issues such as planning, access to infrastructure, network improvement and consumer matters. An Implementation Group, chaired by Minister Denis Naughten and Minister of State Seán Kyne, oversees the implementation of all actions in the report and publishes quarterly reports on progress.
36 Note: This information was supplied to the Committee by the Department of Rural and Community Development on 12 February 2018.
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An Annual Review will be published by the Taskforce Implementation Group in early 2018, which will report on implementation progress for the previous 12 months. The Annual Review will also outline the Group's work programme for 2018.
Investigation of Local Public Banking model The Programme for a Partnership Government includes a commitment to investigate a model for the development of local public banks in Ireland.
A project team comprising officials from the Department of Rural and Community Development and the Department of Finance was established last year to progress this commitment.
The project team carried out detailed research into the concept of a public banking model and has now finalised its report. The report will be brought to Government for consideration and, if approved by Government, will be jointly published by the Department of Finance and the Department of Rural and Community Development.37
Public Library Strategy 2018-2022 The new Public Library Strategy 2018-2022 will be launched and published in Q1 2018
Framework Policy on Local and Community Development An implementation plan for the Framework Policy on Local and Community Development in Ireland will be produced in Q2 2018.
37 The report “Local Public Banking in Ireland, An analysis of a model for developing a system of local public banking in Ireland.” was published on 4 July 2018 by the Department of Finance and the Department of Rural and Community Development. https://www.finance.gov.ie/wp-content/uploads/2018/07/Joint-Report-on-Local-Public-Banking.pdf
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Chairmen Designate of State Boards
Chairman of POBAL Pobal, which comes under the aegis of the Department of Rural and Community Development, will appoint a new Chairperson to their Board in 2018, as the current Chair will come to the end of his term. The Committee may wish to question the appointee to the Chairmanship of Pobal in 2018.
Chairman of the Western Development Commission A new Board and Chair, Dr Deirdre Garvey, was appointed to the Western Development Commission in September 2017. Now that the Oireachtas Committee has been established, the members may wish to invite the Chair to appear before the Committee, as provided for in the procedures for appointments to State Boards.38
Bills Occupiers Liability (Amendment) Bill 201839
Statutory instruments Control of Dogs (Dogs Licensing Database) Regulations 2018.
A Statutory Instrument to underpin the development of a national dog licensing database by the local authority sector.
38 The Joint Committee engaged with the Chairman Designate, Dr Deirdre Garvey, on 27 June 2018. 39 Information supplied by the Office of the Government Chief Whip
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