Committee Reports::Report on Local Government Reform::18 March, 1999::Report

TITHE AN OIREACHTAIS

HOUSES OF THE OIREACHTAS

An Comhchoiste um Chomhshaol agus Rialtas Áitiúil

The Joint Committee on Environment and Local Government

Tuarascáil ar Athchóiriú Rialtais Áitiúil

Report on Local Government Reform

Table of Contents

1. Foreword

1

2. Report of the Sub-Committee

3

3. Proceedings of the Sub-Committee meeting of 13th January 1999

15

4. Proceedings of the Joint Committee meeting of 10th March 1999

16

Appendix 1: Members of the Sub-Committee

A2

Appendix 2: Orders of Reference of the Sub-Committee

A4

Appendix 3: Members of the Joint Committee

A6

Appendix 4: Orders of Reference of the Joint Committee

A8

Appendix 5: Submissions Received by the Sub-Committee

A12

Foreword

The Joint Committee on Environment and Local Government was established in November 1997. As part of it’s Work Programme, the Joint Committee decided to examine Local Government Reform and established a Sub-Committee to report to the Joint Committee on this issue.


The Report of the Sub-Committee on Local Government Reform was considered by the Joint Committee at its meetings on 10 February 1999 and 10 March 1999. The Report, as amended, was agreed.


The Joint Committee is grateful to Senator Jim Walsh, Chairman of the Sub-Committee and the Members for their efforts in preparing the Report and to those organisations and individuals who have made their views and expertise available through their submissions to the Sub-Committee.


Jackie Healy-Rae


Chairman


March 1999


Report of the Sub-Committee on Local Government Reform

Local Government Reform

1.The Joint Committee on Environment and Local Government is charged inter alia to consider:


(i)such public affairs administered by the Department of the Environment and Local Government as it may select, including bodies under the aegis of that Department in respect of Government policy,


(ii)such matters of policy for which the Minister in charge of that Department is officially responsible as it may select,


(iii)the strategy statement laid before each House of the Oireachtas by the Minister in charge of that Department pursuant to section 5(2) of the Public Service Management Act, 1997, and shall be authorised for the purposes of section 10 of that Act, and


(iv)such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,


and report thereon to both Houses of the Oireachtas.


2.The Joint Committee established a Sub-Committee on Local Government Reform to consider:


(i)Government Policy in relation to Local Government Reform,


(ii)the implications of Local Government Reform for members of local authorities, and


(iii)Financing of Local Government,


and report to the Joint Committee thereon.


3.The Sub-Committee met for the first time on 7 October, 1998. Senator Jim Walsh was elected Chairman. Submissions were sought on the following headings:


the functions and powers of local authorities;


specific areas to be devolved to local government;


the establishment and composition of SPCs (Strategic Policy Committees);


customer service;


urban boundary extensions;


Chairmanship;


the County Management Acts 1940-1994.


4.At its second meeting on 21 October, 1998 the Sub-Committee heard a presentation by Officials of the Department of Environment and Local Government on the question of Local Government Reform.


5.At its third meeting on the 4 November, 1998 the Sub-Committee examined submissions from the City and County Managers’ Association and from Dublin Corporation.


6.The Joint Committee placed an advertisement in the national newspapers seeking submissions on the question of Local Government Reform. The closing date for receipt of submissions was 16 November, 1998.


7.At its fourth meeting on the 18th November the Sub-Committee considered submissions from the following: Regional Newspapers Association of Ireland, South Dublin County Council, Cork Community Development Institute, Farranree Community Development Project, Mr.P.J Carroll, Mr. Eoghan McCarthaigh, Mr.Albert Long, Leixlip Town Commissioners, Leitrim County Council, Donal O Brolchain, M.S.F Brainse Údaras na Gaeltachta and Galway One World Centre.


8.At its fifth meeting on the 25th November, 1998 the Sub-Committee considered submissions from the following: General Council of County Councils, Leitrim County Council (addendum), Department of Public Administration in University College Cork, Dun Laoghaire/Rathdown County Council and the Chambers of Commerce of Ireland.


9.At its sixth meeting on the 3rd December, 1998 the Sub-Committee considered submissions from the following: Mr.Albert Long (addendum) and the Local Authority Members Association.


10.The Sub-Committee having considered the various submissions would like to note the following:


10.1.As a general comment the Sub-Committee considers elected members to be the foundation of local democracy.


10.2.Government Policy in relation to Local Government Reform


10.2.1Recognition


(i)The Sub-Committee agreed that empowered Local Government should be enshrined in the Constitution and that this recognition should be based upon the principle of Subsidiarity.


(ii)The Sub-Committee would welcome a commitment to hold a referendum to add to Bunreacht na hÉireann a provision giving recognition to the presence of local government as an integral component of the states democratic culture.


(iii)The Sub-Committee recommends that there should be a constitutional amendment to ensure that local government elections be held at five yearly intervals.


(iv)The Sub-Committee supports the view that the Government should ratify the European Charter of Local Self-Government as soon as possible.


10.2.2 Development Bodies:


The Sub-Committee recognises the contribution made by development agencies and accepts that the mobilisation of these bodies with the dynamic of local government as recommended by the Task Force will have a symbiotic affect.


10.2.3 Dual Mandate:


(i)Regarding the issue of the dual mandate, the Sub-Committee felt that the exclusion of Oireachtas members from local government should only take place in the context of the dual mandate having been replaced by appropriate procedures for communications and access for Deputies and Senators to local authority documentation and processes, including the right to have representations answered, delegations met, and documents and reports received. Provision should be made to allow Deputies and Senators attend and be allowed to contribute to local authority meetings at the discretion of the Chairman.


(ii)The Sub-Committee also felt that in the interim partial restrictions on the functions of Oireachtas members on local authorities (restrictions on accepting certain positions etc) are entirely unacceptable.


10.3The implications of Local Government Reform for members of local authorities


(i)The Sub-Committee feels that the role of the elected Council Member needs to be emphasised and that the imbalance between officials and councillors should be adjusted in favour of the councillors. The County and City management Acts should accordingly be substantially amended.


(ii)The Sub-Committee agreed that the strengthening of powers and functions is a priority need, for local government in general, together with a system to ensure that urban authorities’ powers are allowed develop their full potential in meeting the challenges that the urbanisation of society presents.


(iii)The Sub-Committee recognises the variation in representation levels which exists throughout the local authority system. The Sub-Committee agreed that the ratio of local authority members should be gradually changed to begin the process of addressing the current imbalance in voter representation levels throughout the local authority system, bearing in mind geographical considerations. The Sub- Committee recognise the need to review local authority electoral boundaries at least once every ten years.


(iv)In establishing a Commission or analogous body dealing with local government matters, the Sub-Committee considers that not less than one third of the composition of such bodies should be made up of currently or formerly elected local representatives.


(v)The Sub-Committee recognises the requirement for boundary commissions but felt that there should be an input from at least one former local authority member and adequate consultation with any local authority affected.


(vi)The Sub-Committee recognises that issues of ethics in public office require some consideration. The Sub-Committee notes the existing requirements in relation to declaration of members interests in planning matters. The Sub-Committee also recognises the generally high standards which exist in this area. The Sub-Committee felt that consideration should be given to appropriate extension of the Ethics in Public Offices Act and Electoral Acts to members and officials in local government.


(vii)The Sub-Committee also noted that some of the submissions raised the issue of local authority representation on boards and bodies such as Leader companies and partnerships. The Sub-Committee supports significant local authority representation on all such bodies.


(viii)The Sub-Committee felt that in the context of Strategic Policy Committees there were strong arguments in favour of these having research and implementation functions, thus providing a counter balance to managers. The Sub-Committee is of the strong view that the role of the Chairperson of the SPC requires a substantive support system to ensure adequate independence from the Council management.


(ix)In the past the commitment and work load of local councillors has not been recognised in any practical way. In line with the professional approach now required the Sub-Committee lends its support to the concept of a salary for


Councillors, perhaps calculated as a proportion of a Deputy’s or Senator’s salary and entitlements, including pension and severance gratuity payments. It should not be less than 25 per cent of Senators salary as proposed by Local Authority Member’s Association. It was felt that in the light of this suggestion the remuneration of the SPC Chairman should be revised. The Sub-Committee felt that a tiered system of remuneration should be adopted.


(x)The Sub-Committee stressed the importance of employer’s supporting and facilitating those who want to get involved in local politics. Consideration should be given to introducing a statutory entitlement to fulfill their duties as members of local authorities for councillors without any discrimination, under the terms of equality legislation.


(xi)The Sub-Committee recognised the marked under-representation of women in local government. It felt strongly that a key priority of local government reform should be to redress the imbalance and to achieve the full and proper representation of women. The Sub-Committee considers that this issue is vital and that further detailed consideration is needed and should be undertaken in consultation with the Select Committee on Justice, Equality and Women’s Rights, the National Women’s Council and other relevant bodies.


(xii)The Sub-Committee recognises the needs of the physically challenged and to this end proposes that an audit of existing local government buildings and council chambers be undertaken to find out whether they are accessible.


10.4Financing of Local Government


(i)Notwithstanding the improved level of funding provided for local authorities by recent legislation, the Sub-Committee agrees that own-resources funding is the key to accountable and cost effective local democracy. To achieve that objective all options should be examined by this or some other all-party committee.


(ii)The Sub-Committee agrees that past experience with water charges provides valuable lessons which should be taken into account. It was felt that because those charges were not related to usage they were perceived to be unjust.


(iii)The Sub-Committee firmly believes that water provision should not be privatised.


(iv)Notwithstanding the above the Sub-Committee felt that a strong case could be made for reasonable service charges on the grounds of environmental considerations, the “polluter pays” principle dictating that the highest users should pay the most.


(v)The Sub-Committee felt that Local Authorities undertaking any functions on an agency basis for Government Departments should be reimbursed for the administrative costs involved.


10.5Functions and powers of local authorities


(i)The Sub-Committee noted the view that in comparison with other countries, the range of functions carried out by local authorities in Ireland is very limited. The existence of parallel local government and local development structures is not democratic and should be discontinued.


(ii)The Sub-Committee notes that the Chairman of County Development Boards will be a councillor.


(iii)The Sub-Committee also notes and agrees with the view of Dublin Corporation that it has “a very special role in the social, political and economic life of the city”.


The Sub-Committee would add cultural life to this list and apply it to each local authority.


(iv)The Sub-Committee strongly supports the idea that local authorities should be encouraged to place emphasis on estate management especially considering the levels of investment by local authorities in housing and refurbishment.


(v)The Sub-Committee also agreed that a regional (as opposed to a national) response should be advocated in response to the housing situation, and that a code of best practice should be adopted.


(vi)Existing regionalisation structures and supports should be enhanced with particular emphasis on planning in the first instance to ensure compatablity between County development plans within the region. The provision of services at regional level where such are more efficient and sustainable should be encouraged.


(vii)The concept of the local authority as the development corporation for the locality which was fostered by the Planning and Development Act of 1963 needs to be rediscovered and strengthened.


(viii)The Sub-Committee has noted the position of the port companies and harbour authorities. In this regard the Sub-Committee is of the view that the changes in port administration could as easily have been incorporated within the local authority system, particularly given the close links between ports and their surrounding infrastructure. For the future local authorities should be taken into account in any such restructuring of Government services or management of infrastructure.


(ix)The Sub-Committee calls for a structured system of analysing all new legislation to maximize devolution of functions to Local Government.


(x)The Sub-Committee would like to see an independent analysis of functions to be devolved to local government put in place.


10.6Specific Areas which should be devolved to local government from Central Government departments or agencies


(i)The Sub-Committee is of the view that consideration should be given to the following areas as appropriate for greater devolution to Local Authorities:


1)agriculture and rural development,


2)small enterprise,


3)the marine,


4)gaeltachtaí and the islands,


5)Irish culture and heritage,


6)physical infrastructure,


7)transport,


8)environment protection.


9)industrial and commercial development


(ii)The Sub-Committee foresees a role for local authorities in areas such as:


-community health services, within the context of local area health committees,


-housing services, specifically the Sub-Committee felt that control of the Supplementary Rent Subsidy Scheme should be moved to local authorities.


-traffic management and control, including bringing traffic police under local government control where it is appropriate to local conditions.


-the dispersing of lottery funding for some sporting, arts and cultural projects within the administrative area of each local authority. The Sub-Committee believes that local government should have a role in the spending of lottery funding, as they are best placed to determine the worth, or otherwise, of individual applications.


(iii)The Sub-Committee considers that local authorities should be given a greater role to play in the field of:


-education services, by giving local representatives a role in Primary and Secondary education areas in addition to the VEC sector,


-services for the unemployed and the long-term unemployed, within the overall context of other development and training agencies.


(iv)The Sub-Committee felt that there was excessive duplication and unnecessary intrusion by the Department of Environment and Local Government in many areas and in the interests of cost efficiency efforts should be made to eradicate such duplication and intrusion.


(v)The Sub-Committee took the view that some mechanism to eliminate purely vexatious appeals or objections in the context of planning permission should be devised.


10.7Establishment and Composition of Strategic Policy Committees


(i)The Sub-Committee welcomes the emphasis which the Strategic Policy Committee (SPC) system places on putting the policy-making function back with the elected member.


(ii)The success of the new arrangement will depend on the Director of Services for whom good selection procedures must be put in place and the Chairman for whom proper training must be made available. There is a need for greater involvement and strengthening of the role of Councillors, in particular proper induction training should be given to new local government councillors.


(iii)The Sub-Committee is of the view that Chairmanship of SPCs should be for a period of at least two years.


(iv)The Sub-Committee is of the view that financial independence is an important factor in local authority reform.


(v)Local Authority estimates are often worked on by officials over many months, and councillors are then expected to respond over a few meetings. In practice councillors have difficulty having any real influence on the final figures. The Sub-Committee recommends strengthening of the councillors position in this area. If the Councillor is not given a central role in preparation of estimates and the financial function, then the thrust of the renewal programme of local government will be ineffective. To this end, a Finance Committee (along the lines of the SPC), with a majority comprising elected members but to include external nominees of say Chambers of Commerce, IBEC and ICTU, should be established in each Corporation or County Council to prepare estimates and monitor finances on a quarterly basis. This Finance Committee should report to the Corporate Policy Group, but should be a separate committee from the CPG.


(vi)The accounting system is outmoded and is being revamped. The Sub-Committee welcomes this.


(vii)The Sub-Committee is also of the view that any efficiency savings should accrue to the local authority rather than to central funds.


(viii)However, the Sub-Committee is concerned that the Councillors have no knowledge or control of the local authority capital programme. The capital programme should have a formal reporting system put in place and be made accountable to the elected body.


(ix)The Sub-Committee saw no problem in principle with the contracting out of services. This however, should only be done where improvements and or efficiencies were to accrue and not for its own sake.


(x)The Sub-Committee agreed that there should be some linkage and co-ordination between local authority and social housing development bodies through the housing SPC.


(xi)The Sub-Committee considers that out of pocket expenses incurred in the attendance of Strategic policy committees should be reimbursed to those members attending who are not already in receipt of such expenses.


10.8Customer Services


(i)The Sub-Committee wishes to emphasise customer service as a vital part of the reform of local government. In this regard the Sub-Committee recognises the importance of Area Offices and recommends that the minister set a target date for the establishment of all area offices.


(ii)In this context also, the Sub-Committee feels that the functions of Area committees should be clearly defined with a heavy emphasis on implementation.


(iii)The Sub-Committee is concerned that specific procedures are put in place to ensure effective monitoring of the strategic management process in local authorities. In particular, it is felt that the system of monitoring strategic management of Government Departments by Oireachtas Committees could usefully be examined with a view to adopting this type of system to the local authority model. In keeping with the spirit of the Strategic Management Initiative, the Sub-Committee felt that a performance system should be established on which promotion and transfer of staff could be based. The Sub-Committee also recommends the presence of serving or former members of local authorities on interview boards for senior positions in local authorities.


(iv)The Sub-Committee recommends that Local Authorities should place increased emphasis on staff training. In particular it is important that the initial contact with members of the public would present a courteous, professional and efficient image of the authority. Proper facilities including the availability of private consultation rooms should be regarded as a prerequisite.


(v)The Sub-Committee recommends that a formal user survey should be undertaken as part of a periodic customer service audit.


(vi)Managers should ensure they use modern communication techniques on a timely basis to publicise county development plans.


(vii)In the context of Freedom of Information Act, 1997, the Sub-Committee were strongly of the opinion that local authorities including Strategic Policy Committees should adhere to the spirit of the Act. As a general principle, all meet ings, especially those relating to estimate or capital budget hearings, should be open to the public. However when sensitive issues of a legal or personal nature are being discussed local authorities should be allowed to retain the right to meetin camera.


(viii)The Sub-Committee holds the view that the agenda for all local authority meeting should be on public display before Council meetings.


(ix)The Sub-Committee would welcome the creation of a Charter of Rights for Ratepayers.


(x)To promote good customer service and value for money principles appropriate performance indicators should be devised, to measure progress and to allow for comparison and achievement of operational conformance to best practice.


10.9Boundary Extensions


(i)The Sub-Committee agrees with the point made by the City and County Managers’ Association that in general urban boundaries and functions should be extended to embrace the natural hinterland of towns where density of population should justify this.


(ii)Where town/county boundaries coincide, the Sub-Committee would support the concept of Joint Committees in order to coordinate development and objectives of the separate local authorities involved.


(iii)The Sub-Committee feels that greater emphasis should be placed on formal procedures for reconciliation of boundary differences between local authorities, before reference is made to any external deciding body.


(iv)On the general question of boundaries, two points arose. The Sub-Committee is of the view that Health Board and constituency boundaries should be co-ordinated with those of local authorities to avoid confusion. The Sub-Committee also supports the view that area committees focused on Gaeltachtaí should be constituted in counties where there is a Gaeltacht, provided there are sufficient numbers to warrant such an approach.


(v)Brief consideration was given by the Sub-Committee to the question of area committees reporting to regional structures, but on balance it was considered that counties remain the most appropriate unit for local administration purposes.


10.10Chairmanship


(i)The Sub-Committee agreed that an annual allowance should be payable to the Leas Chathoirleach.


(ii)The Sub-Committee recognises the weaknesses arising from a lack of continuity where the Chairman is elected annually. The Sub-Committee gave consideration to the Chairman of the local authority being elected by the council and serving for at least half the term of the council or the Chairman being directly elected by the people and serving for the full term of the Council. The Sub-Committee were equally divided on the above proposals.


10.11Management


(i)The Sub-Committee disagrees with the view that the City and County Management system achieves an admirable separation of policy-making and executive decisions. The executive must be accountable to the elected membership through area committees and ultimately to the Council.


(ii)The Sub-Committee felt that there needs to be a shift of function and powers from County Managers to elected Councillors. This Act, which is over forty years old, should be replaced by a new Act which corrects the imbalance that has arisen between the powers of County Managers and the role of Councillors, to make the executive fully accountable to the democratically elected local representatives for both policy formulation, implementation and provision of services.


(iii)The recruitment of senior Local Government officials should be examined with a view to having all such positions realistically accessible to all applicants be they from the private or public sectors, such appointments should be subject to periodic performance review.


11.The Sub-Committee wishes to express its appreciation of those organisations and individuals who have made their views and expertise available through their submissions to the Sub-Committee.


Senator Jim Walsh


Chairman of the Sub-Committee


March, 1999.


AN FOCHOISTE UM ATHCHÓIRIÚ RIALTAIS ÁITIÚIL

SUB-COMMITTEE ON LOCAL GOVERNMENT REFORM

Imeachtaí An Fhochoiste

Proceedings of the Sub-Committee

Dé Céadaoin, 13 Eanáir, 1999


1.The Sub-Committee met in Room G24, Kildare House at 11.00 a.m. on the 13th of January 1999.


2.Attendance:


Deputies Noel Ahern, Brian Hayes, Brendan Howlin and Caoimhghín Ó Caoláin.


Senators Jim Walsh (in the Chair) and Joe Doyle.


Apologies from Deputy Seán Power.


3.Report on Local Government Reform


The Report on Local Government, brought forward by the Chairman was read and amended. The Report as amended was agreed.


4.Adjournment


The Sub-Committee adjourned sine die.


AN COMHCHOISTE UM CHOMHSHAOL AGUS RIALTAS ÁITIÚIL

THE JOINT COMMITTEE ON ENVIRONMENT AND LOCAL GOVERNMENT

Imeachtaí An Chomhchoiste

Proceedings of the Joint Committee

Dé Céadaoin, 10 Márta, 1999


1.The Joint Committee met at 2.00 p.m. in Room G2, Kildare House.


2.MEMBERS PRESENT.


The following members were present:


Deputies Jackie Healy-Rae (in the Chair), Deirdre Clune, Alan Dukes, Eamon Gilmore, Brian Hayes, Tony Killeen and Padraic McCormack.


Senators Frank Chambers, Dan Kiely and Jim Walsh.


Apologies were received from Senator Joe Doyle.


3.DRAFT REPORT FROM THE SUB-COMMITTEE ON LOCAL GOVERNMENT REFORM (RESUMED).


Consideration of the Report from the Sub-Committee on Local Government Reform, brought forward by Senator Jim Walsh, was resumed. The Report was read and amended. The Report, as amended, was agreed.


Ordered:To report accordingly.


4.ADJOURNMENT


The Committee adjourned at 3.55 p.m. sine die.


Appendices

Appendix 1

Members of the Sub-Committee On Local Government Reform

Deputies:

 

Noel Ahern T.D.

F.F.

Sean Haughey T.D.

F.F.

Sean Power T.D.

F.F.

Brendan Howlin T.D.

LAB

Caoimhghín Ó Caoláin T.D.

IND

Brian Hayes T.D.

FG

Senators:

 

Sen Jim Walsh

FF

Sen Joe Doyle

FG

Appendix 2

Orders of Reference of the Sub-Committee on Local Government Reform

Joint Committee on Environment and Local Government

Orders Establishing sub-Committees, 28 January, 1998

Ordered:-


2.“That-


(a)a sub-Committee (to be called the sub-Committee on Local Government Reform) be established to consider-


(i)Government Policy in relation to Local Government Reform,


(ii)the implications of Local Government Reform for members of local authorities, and


(iii)Financing of Local Government,


and report to the Joint Committee thereon not later than 28 October, 1998;


(b)the sub-Committee shall consist of 8 Members of whom 6 shall be Members of Dáil Éireann and 2 shall be Members of Seanad Éireann;


(c)the quorum of the sub-Committee shall be three, of whom at least 1 shall be a Member of Dáil Éireann and 1 a Member of Seanad Éireann;


(d)in relation to the matters specifically referred to it in paragraph (a) above, the sub-Committee shall have only those functions of the Joint Committee which are set out in sub-paragraphs (2)(a)(i) and (ii) (Dáil) and in sub-paragraphs (1)(a)(i) and (ii) (Seanad) of the Joint Committee’s Orders of Reference1; and


(e)the sub-Committee shall have all the powers of the main Committee, namely, those contained in Standing Order 78A(1), (2) and (4) to (9) (Dáil) and in Standing Order 62A (1), (2) and (4) to (9) (Seanad)2: provided that the powers to print and publish evidence, to travel and to engage consultants shall, in each case, be subject to the approval of the Joint Committee.”.


Appendix 3

Members of the Joint Committee On Environment and Local Government

Deputies:

Noel Ahern (FF)

 

Deirdre Clune (FG)

 

Alan Dukes (FG)

 

Seán Haughey (FF)

 

Brian Hayes (FG)

 

Jackie Healy-Rae (Ind)

 

Eamon Gilmore (Lab)

 

Billy Kelleher (FF)

 

Tony Killeen (FF)

 

Padraic McCormack (FG)

 

Olivia Mitchell (FG)

 

Caoimhghín Ó Caoláin (SF)

 

Seán Power (FF)

 

Eoin Ryan (FF)

Senators:

Frank Chambers

 

Joe Doyle

 

Dan Kiely

 

Jim Walsh

 

Brendan Ryan

Appendix 4

Orders of Reference of the Joint Committee on Environment and Local Government

Joint Committee on Environment and Local Government

ORDERS OF REFERENCE

Dáil Eireann

13th November, 1997, (** 28th April, 1998)


Ordered:


(1) (a)That a Select Committee, which shall be called the Select Committee on Environment and Local Government, consisting of 14 members of Dáil Éireann (of whom 4 shall constitute a quorum), be appointed to consider such—


(i)Bills the statute law in respect of which is dealt with by the Department of the Environment and Local Government, and


(ii)Estimates for Public Services within the aegis of that Department,


as shall be referred to it by Dáil Éireann from time to time.


(b)For the purpose of its consideration of Bills under paragraph (1)(a)(i), the Select Committee shall have the powers defined in Standing Order 78A(1), (2) and (3).


(c)For the avoidance of doubt, by virtue of his or her ex officio membership of the Select Committee in accordance with Standing Order 84(1), the Minister for the Environment and Local Government (or a Minister or Minister of State nominated in his or her stead) shall be entitled to vote.


(2) (a)The Select Committee shall be joined with a Select Committee to be appointed by Seanad Éireann to form the Joint Committee on Environment and Local Government to consider—


(i)such public affairs administered by the Department of the Environment and Local Government as it may select, including bodies under the aegis of that Department in respect of Government policy,


(ii)such matters of policy for which the Minister in charge of that Department is officially responsible as it may select,


(iii)the strategy statement laid before each House of the Oireachtas by the Minister in charge of that Department pursuant to section 5(2) of the Public Service Management Act, 1997, and shall be authorised for the purposes of section 10 of that Act, and


** (iv)such Annual Reports or Annual Reports and Accounts, required by law and laid before either or both Houses of the Oireachtas, of bodies under the aegis of the Department(s) specified in paragraph 2(a)(i), and the overall operational results, statements of strategy and corporate plans of these bodies, as it may select.


Provided that the Joint Committee shall not, at any time, consider any matter relating to such a body which is, which has been, or which is, at that time, proposed to be considered by the Committee of Public Accounts pursuant to the Orders of Reference of that Committee and/or the Comptroller and Auditor General (Amendment) Act, 1993.


Provided further that the Joint Committee shall refrain from inquiring into in public session, or publishing confidential information regarding, any such matter if so requested either by the body or by the Minister in charge of that Department; and


(v)such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,


and shall report thereon to both Houses of the Oireachtas.


(b)The quorum of the Joint Committee shall be 5, of whom at least 1 shall be a member of Dáil Éireann and 1 a member of Seanad Éireann.


(c)The Joint Committee shall have the powers defined in Standing Order 78A(1) to (9) inclusive.


(3)The Chairman of the Joint Committee, who shall be a member of Dáil Éireann, shall also be Chairman of the Select Committee.


Seanad Éireann

19 November 1997


Ordered


(1) (a)That a Select Committee consisting of 5 members of Seanad Éireann shall be appointed to be joined with a Select Committee of Dáil Éireann to form the Joint Committee on Environment and Local Government to consider—


(i)such public affairs administered by the Department of the Environment and Local Government as it may select, including bodies under the aegis of that Department in respect of Government policy,


(ii)such matters of policy for which the Minister in charge of that Department is officially responsible as it may select,


(iii)the strategy statement laid before each House of the Oireachtas by the Minister in charge of that Department pursuant to section 5 (2) of the Public Service Management Act, 1997, and shall be authorised for the purposes of section 10 of that Act, and


(iv)such other matters as may be jointly referred to it from time to time by both Houses of the Oireachtas,


and shall report thereon to both Houses of the Oireachtas.


(b)The quorum of the Joint Committee shall be 5, of whom at least 1 shall be a member of Dáil Éireann and 1 a member of Seanad Éireann.


(c)The Joint Committee shall have the powers defined in Standing Order 62A(1) to (9) inclusive.


(2)The Chairman of the Joint Committee who shall be a member of Dáil Éireann.


Appendix 5

Submissions Received by the Sub-Committee

List of Submissions Received by the Sub-Committee

Mr. P.J Carroll


Cork Community Development Institute


County & City Managers’ Association (+ addendum)


Dublin Corporation


Dun Laoghaire- Rathdown County Council


Faranree Community Development


Galway One World Centre


General Council of County Councils


Leitrim County Council (+ addendum)


Leixlip Town Commissioners


Local Authority Members Association


Mr.Albert Long, Consultant (+ addendum)


Mr.Eoghan MacCárthaigh


M.S.F Brainse Údarás na Gaeltachta


Mr.Donal O Brolchain


Regional Newspapers Association of Ireland


South Dublin County Council


The Chambers of Commerce of Ireland


University College Cork, Department of Public Administration


Association of Municipal Authorities of Ireland


1 Key to subparagraphs of Joint Committee’s Orders of Reference referred to: (i) = public affairs administered by Department; (ii) = matters of policy for which Minister is officially responsible; (iii) = strategy statements; (v) = other matters referred by the Dáil/Seanad.


2 Key to paragraphs of Dáil/Seanad Standing Orders referred to: (1) = take evidence; (2) = invite submissions; (3) = establish sub-committees; (4) = draft legislative change; (5), (6) = meet Minister re policy/proposed legislation; (7) = meet principal office holders in State Bodies; (8) = consultants; (9) = travel.