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Its Effects on the Operations of Local Authorities. a Thebis Prepared for MA Degree in P

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Its Effects on the Operations of Local Authorities. a Thebis Prepared for MA Degree in P LOCAL GOVERNMENT LA W - Its Effects on the Operations of Local Authorities. A theBis prepared for M.A. degree in public administration. National Institute for Higher Eduoation, Dublin. February 1988. Mary Patricia Me Connon. CONTENTS. Page. Abstract of contents .......................... i Abbreviations ....................... iii Preface ............. iv Chapter. 1 Introduction - The Problem of Local Government Law .. 1 2 Local Government - Organisation .................... 8 3 Local Government - Personnel .... 38 4 Local Government - Policy ........................... 58 5 Local Government - Finance ............ 74 6 Local Government - Functions ..................... 103 7 England - Local Government Today ................ 132 8 Official Proposals to Reorganise Local Government since the Foundation of the S t a t e .......... 147 9 Conclusions ............... *.......... 211 Notes ........................... 222 Appendix. A Legislative Provisions concerning Organisation, Personnel, Finance and Functions ........... 2^6 B Diagram of Local Government Areas, 1986 ............ 277 C List of Local Authorities and Population per Member in 1981 .................................... 278 D Functions of Central Departments,except Environment, performed by Local Authorities'etc., and Statutory • Basis of Contact .............................. 283 E Statutory Duties relating to f 1 ^ County and City Managers, and (2) County Secretaries / Town Clerks .......... 285 F Heads of Governments and Ministers of the Department responsible for Local Government since 1 9 1 9 .................... ->......................... 291 Bibliography............................. 294 i ABSTRACT OF CONTENTS. ***-*****##00*##* ** *##* LOCAL GOVERNMENT LAY/. - Its effects on the Operations of Local Authorities. Local government law was once described, as a 'tortuous labryinth of an unexplored code'. Although some examination of it has been undertaken by HA. Street and Judge Keane the law still remains a maze. Chanter. 1 Local government statutes are complex and in many instances date from the nineteenth century. Because of this local government has been described as having a Cinderalla framework. 2 In the organisation division legislation deals with areas, names, the corporate body, the council, members, meetings, committees. Provisions on these matters vary unnecessarily between the five main local areas. 3 Legislation on personnel is spread over numerous enactments. Even with such detailed provisions there is no certainty that the best person will be selected. However, since 1922 a local government service has developed. 4 The complex, piecemeal and not easily accessable legislation leaves the members relying on the managers' policy leadership. 5 In the area of finance failure to update the valuation law resulted in the Supreme Court deoision in finding the collection of rates on agricultural land unconstitutional. Although local authorities' functions have been classified under eight programme groups only in housing and planning has any effort been made to consolidate legislation relating to each group. The English system, from which Irish local government originated, has been rationalised. Unlike Ireland, the courts intervene increasingly both in disputes between local authorities and between local and central government. In Ireland since 1922 , although some changes were made - rural district councils were abolished, the Local Appointments Commission was established, the management system was introduced and some statutes were up-dated - no effort has been made to deal comprehensively with local government legislation. To conclude, then, the need is to modernise the various lav/s to twentieth century needs. iii ABBREVIATIONS. Abbreviations used in (1) Chapter 2.(diagram, page 24). c.h.d. county health district, rds. roads. S Section. (2) Chapter 3. CSC Civil Service Commission. DLGPH Department of Local Government and Public Health. IAC Local Appointments Commission. (3) Chapter 7. GLC Greater London Council. (4 ) Notes. LG Local Government, col. column. CS Civil Service. DIGPH Department of Local Government and Public Health. ILEM Irish Law Reports Monthly. ILTR Irish Law Times Reports. IR Irish Reports, no. number, p. page. PSORG Public Services Organisation Review Group. (For titles of books, artioles etc. a shortened version is used). (5) Appendix A.d. See page 264a (6) Bibliography. ch. chapter no. number. P* page. vol. volume. ed. edited. iv PREFACE. The law relating to local government has been described by the late Justice Gavan Duffy as a 'tortuous labyrinth of an unexplored code' (Devanney v. Dublin Board of Assistance 83 ILTR,13). While some examination of the matter has been undertaken by the late KA Street and in more recent times by Judge Keane legislation on local government law still remains a maze. It provides for the areas of local government; the name of areas; the corporate body and the council through which it acts; offices; members - qualifications, mode of election, election areas, functions and disqualifications after election; meetings; committees and relations with other bodies. In the case of personnel it deals with offices - creation, amalgamation, abolition, duties etc; and officers - the recruitment and appointment procedures, conditions of service, leave, remuneration and security for different types of officers. On the financial side statutory provisions relate to the various sources of finance including' numerous enactments and court decisions on the valuation and rating system; expenditure; collection, receipt and lodgement of income; procedures for making payments; estimates of receipts and expenditures; and balancing of accounts and audit. Different provisions are provided for the individual services, spread through a number of Acts dating from the nineteenth century. The complexity and extent of these enactments can be seen in Appendix A. The 1971 White Paper 'Local Government Reorganisation', various policy statements, reports, and submissions have, in addition to recommending proposals on structures noted the need to up-date local V government law. Political debate, however, seems to concentrate on these former proposals rather than on the law question. This thesis is intended to show that modernising the law is necessary, and should be proceeded with forthwith, even possibly before structural changes. In :'fact by first up-dating the legislation, in an organised way, to twentieth century needs it might then be found, without too great an upheavel of existing structure^ which ones are the most suitable. In addition by dividing the appropriate law into, for example, that relating to actual development such as the provision of infrastructure, provision and maintenance of services, assistance to private development, and control and enforcement powers, it might also be seen that certain of these functional divisions could be given to different levels of local authority. The sources of this research were - the legal provisions relating to the five main local government areas - the county, the county borough, the borough, the urban district and the town. These were obtained from (1) works by the key co.'rimentaries on" Irish local government law - HA Street 'The Law Relating to Local Government', Judge Keane 'The Law of Local Government in the Republic of Ireland1. (2) various individual statutes, t - Dail debates, - Cabinet Papers from 1922 to 1954» in the State Paper Office, - a collection of Papers in the National Library, including the Papers of Joseph Brennan, Robert Briscoe, Frank Gallagher, the Irish Farmers Party, Thomas Johnson, EP Me Carron, Kathleen Me Kenna Napoli, DM O'Dubhghaill and James O'Meara. - material relating to the Local Government Officers Union in the Public Record Office. vi - official publications and various textbooks in the National Library and in the libraries of the National Institute of Higher .Education, Trinity College, the Institute of Public Administration and Louth County Council. - local newspapers. These mainly relate to County Louth as the local government problems in this county are similar to other areas, although it is a border and maritime County and in some instances this creates difficulties. In addition County Louth contains four of the main local government areas - a county, a borough, an urban district and a town. Some local officials were interviewed ranging in grades from town clerk to county manager, as well as officials from the Department of the Environment, and finally, but not least, Harold O'Sullivan, former General Secretary of the Local Government and Public Service Union. For their help in the preparation of this thesis I would like to thank the following - the local officials interviewed who unfortunately must remain anonymous due to the sensitive nature of some information given. - Mr EWL Lynn, Town Clerk, Dundalk, for correspondence on legal problems in the urban area. - Mr AP Sharkey, Town Clerk, Carlow, for advice on some local issues. - Mr John Cullen, Mr Kevin Cullen and Mr Joseph IJyan of the Department of the Environment for their views on local government and advice on some legal problems. - Mr Harold O'Sullivan for his views on local government law and the position held by the Union on various local issues. - the staff of the State Paper Office for making available almost five hundred Cabinet files on the local government area. - the staff of the Public Record Office for the records of the Local Government Officers Union. - the staff of the National
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