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Dáil Éireann DÁIL ÉIREANN AN COMHCHOISTE UM THITHÍOCHT, RIALTAS ÁITIÚIL AGUS OIDHREACHT JOINT COMMITTEE ON HOUSING, LOCAL GOVERNMENT AND HERITAGE Dé Máirt, 18 Bealtaine 2021 Tuesday, 18 May 2021 Tháinig an Comhchoiste le chéile ag 12.30 p.m. The Joint Committee met at 12.30 p.m. Comhaltaí a bhí i láthair / Members present: Teachtaí Dála / Deputies Seanadóirí / Senators Francis Noel Duffy, Victor Boyhan, Emer Higgins, John Cummins, Paul McAuliffe, Mary Fitzpatrick, Denise Mitchell,+ Rebecca Moynihan, Cian O’Callaghan, Mary Seery Kearney. Richard O’Donoghue, Eoin Ó Broin, Maurice Quinlivan.* * In éagmais / In the absence of Deputy Thomas Gould. + In éagmais le haghaidh cuid den choiste / In the absence for part of the meeting of Deputy Eoin Ó Broin. Teachta / Deputy Steven Matthews sa Chathaoir / in the Chair. 1 JHLGH Pre-legislative Scrutiny of the General Scheme of the Local Government (Directly Elect- ed Mayor with Executive Functions in Limerick City and County) Bill 2021 Chairman: We are joined by the Minister of State at the Department of Housing, Local Government and Heritage with responsibility for local government and planning, Deputy Peter Burke. The opening statement and briefing material have been circulated to members. Today we will commence pre-legislative scrutiny on the general scheme of the local government (di- rectly elected mayor with executive functions in Limerick city & county) Bill 2021. First, I will ask the Minister of State for his opening statement and then members be will invited members to address their questions. Members attending remotely within the Leinster House complex are protected by absolute privilege. This means they have absolute defence against any defamation action for anything they say in the meeting. However, they are expected not to abuse this privilege. I remind members of the constitutional requirements that members must be physically present within the confines of the place where Parliament has chosen to sit, namely, Leinster House and the con- vention centre. For witnesses attending remotely, there are some limitations to parliamentary privilege. As such, they may not benefit from the same level of immunity from legal proceed- ings as a person who is physically present does. The opening statements submitted to the com- mittee will be published on the committee website after this meeting. I welcome the Minister of State to the committee. We will commence pre-legislative scru- tiny on the directly elected mayor Bill, an important and possibly landmark moment in Irish de- mocracy, where we look at directly electing a mayor with real powers in the areas of transport, housing and planning. Where we see a lot of that power vested in county chief executives at the moment, the directly elected mayor would obviously take on some of those powers. I invite the Minister of State to make his opening statement. Minister of State at the Department of Housing, Local Government and Heritage (Deputy Peter Burke): I thank the committee for inviting me to discuss the general scheme of the local government (directly elected mayor executive functions in Limerick city & county) Bill, which was approved by Government on 20 April 2021. I am joined by Ms Mairead Ryan and Mr. Paris Beausang from the Department’s franchise section and by Mr. Diarmuid O’Leary, Ms Áinle Ní Bhriain and Mr. Grant Couper from the Department’s local government section. I also thank the committee for agreeing to pre-legislative scrutiny of this general scheme of the Bill so promptly. I look forward to outlining the policy proposals, which will significantly reform how local government operates in both Limerick city and county. The general scheme sets out the major local government reform, providing for the establishment of an empowered mayor with demo- cratic mandate from across the entire local authority area. The office of the directly elected mayor will make Limerick City and County very different to the other 30 local authorities, but could also serve as a model for future directly elected mayors with executive functions. It will have potentially a very positive effect and impact on the people of Limerick, but also could have policy implications across all of government and for the way central services are delivered to the citizen. The general scheme takes account of the report of the implementation of the advisory group 2 18 MAY 2021 for the directly elected mayor in Limerick, published in November 2020 and provided to the committee at that stage. The group’s report is tremendously ambitious for both Limerick and for the role of directly elected mayor. In the general scheme, the Government has agreed to in- clude as many of the report’s recommendations as possible at this stage. Further consideration and exploration of other recommendations will continue with other Departments in the weeks and months ahead. The general scheme provides for key pillars needed to create the office of the directly elected mayor with executive functions, including structures and governance, ad- ditional and enhanced powers, a mechanism to remove a mayor in limited circumstances and an electoral code to hold mayoral elections in Limerick. The general scheme also includes provisions to allow for a plebiscite on directly elect- ed mayors in other jurisdictions, as per the commitment in Programme for Government: Our Shared Future. I will outline the main points of these distinct pillars. Part two, office of directly elected mayor with executive functions, sets out the structures and governance provision for the establishment of the office of directly elected mayor with executive functions in Limerick, including the necessary governance structures underpinning that office. The mayor shall be the head of the local authority and an ex officio member of the council. Most of the existing execu- tive functions that currently rest with the chief executive will become the responsibility of the mayor. Once the mayor’s office is established, the roles of cathaoirleach, leas-chathaoirleach and chief executive will no longer exist in Limerick. These roles are replaced by new roles of directly elected mayor, príomh comhairleoir, and director general. The príomh comhairleoir will be elected from among the members and will act as speaker of the council. This is to ensure a separation of executive functions and reserved functions. The director general will replace the role of chief executive and will be responsible for certain executive functions which will not transfer to the mayor. These shall become specified functions. The director general will also have a statutory role in supporting the mayor in the administration of the local authority. It is important to stress that the directly elected mayor will be accountable to the elected council as well as directly to the people of Limerick. Existing provisions relating to the over- sight of the chief executive by the elected council are therefore mirrored and, indeed, strength- ened in the general scheme to allow for the council’s oversight of the mayor. Key provisions relating to prior information to elected councillors, direction that works not proceed, and a requirement that a particular thing be done will apply equally to the mayor in the performance of mayoral executive functions and to the director general in the performance of specified func- tions. There will be a formal structure to allow individual councillors to raise questions with the mayor, similar to the parliamentary question system operated in the Dáil, in addition to other formal structures which will provide for the council to ask the mayor to report on activities. Ad- ditional and enhanced powers are delivered by the creation of structures to enhance urban and rural development and the statutory right to contribute to and be consulted on all matters that impact on Limerick city and county. The general scheme contains a specific chapter which provides for the creation of several new structures and mayoral functions. These include the establishment of a ministerial forum at national level to aid in the future development of the role of mayor in Limerick. The forum will oversee the smooth transition of executive responsibility to the mayor, examine new policy development and decisions at Government level and how they impact on Limerick, consider new functions and powers to be transferred to Limerick, and oversee implementation of the national planning framework in Limerick. The general scheme provides for the establishment of a local structure in Limerick, led by 3 JHLGH the mayor, to support the delivery of the national planning framework and Project Ireland 2040 in the Limerick city region. The purpose of the Limerick Project Ireland 2040 delivery board is to ensure the co-ordination of all strategic spatial planning and investment necessary to achieve the delivery of Project Ireland 2040 city growth for the Limerick city region, in line with the ob- jectives of the national planning framework, NPF, the national development plan, NDP, and the regional spatial and economic strategy, RSES. The delivery board will also monitor progress, including on development priorities for large-scale housing and regeneration, employment and enterprise and supporting infrastructure, amenities and investment in terms of transport, water services and climate action. The mayor will have the power to convene a rural board to devise a programme of measures to support rural Limerick and to examine all aspects of rural life in Limerick. These measures will focus on co-ordinating across all government supports in this sphere, with a particular role in co-ordinating the various funding streams available. It is important to stress that the mayor will be mayor for all of Limerick, not just the city. Finally, and perhaps most significantly, the mayor shall have the statutory power to convene stakeholders locally on matters affecting Lim- erick, and to be consulted by Departments on the dimensions of national policy that affect the well-being of Limerick.
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