2014 Reorganisation

Table of Contents

Reorganisation

The Local Government Reform Act 2014 gave effect to the Fine Gael-Labour coalition’s program, Putting People First, published in October 2012. The program proposed a range of reforms to local governments including in relation to structures, funding, functions, governance and operational arrangements.

The legislation prescribes the number of members of local authority. Cork County Council has 55 members, a number of other larger authorities including Dun Laoghaire-Rathdown, Fingal, Meath, South Dublin, Tipperary have 40 members. Dublin City Council has 63 members. A number of other smaller councils have 18 members, namely Carlow, Cavan, Laois, Leitrim, Monaghan, Roscommon and Sligo.

There is greater scope for devolution of functions from central to local government. There is provision for the establishment of Local Community Development Committees within the local government system.

The role of local authority’s Strategic Policy Committees are strengthened. Provision is made for changes in local authority audit arrangements and a National Oversight and Audit Commission was established.

The regional authorities are replaced by regional assemblies. They have the general purpose of coordinating, promoting and supporting strategic planning and sustainable development, promoting effectiveness in local government or public service. The composition and the detail provisions are set by regulation

The titles Lord Mayor and Deputy Lord Mayor may be used in Dublin and Cork cities. Mayor and Deputy Mayor may be used in Galway City, Limerick City and County, Waterford City and County and certain other municipal districts.

Legislation provided for a plebiscite in Dublin about the possible establishment of a directly elected Mayor.

Town Councils Abolished

Local Government Act 2001 established Town Councils which were ultimately abolished by the Local Government Act 2014. Procedures were set out for the establishment of a town council in towns with a population of all of 7,500 or other figure, as might be prescribed. A proposal might be signed by 100 electors and accompanied by a €1000 submitted to the county council.

There was a procedure involving public consultation, decision by the council and submission to the Department of Local Ggovernment of a report. The Minister could establish a town council by order. There was provision for application for a town council to apply for dissolution.

The legislation dissolved all Town Councils and replaced them with municipal districts. Accordingly, all former urban district councils and former Town Councils which became Town Councils under the Local Government Act 2001 were dissolved.

References in existing legislation to Town Councils are to referred to the county council. Legislation and decisions of the Town Council continue to have effect save that references to the council are to refer to the local authority in whose administrative area the Town Council is situated.

Regulations may be made as required to effect the dissolution and transfer. Extensive changes were made to statutory provisions to give effect to the dissolution of Town Councils.

All existing royal charters, patents, relating to ceremonial and relating purposes in accordance with local civic tradition are to continue notwithstanding the mergers and the dissolution of Town Council.

There rates adjustment consequent upon the merger of Town Councils into county councils. There is provision for a discount or levy in respect of the rates payable. The adjustment is to take place over a maximum of 10 years, in accordance with a formula.

The adjustment is relative to the difference between the annual rate and valuation at the beginning of the period and the annual rate and valuation applicable generally in the area of the rating authority. The base year adjustment is to be applied to rating bills, to either discount or levy the amount due.

County Councils Rationalised

The city and county councils in Limerick and Waterford were merged. Tipperary (North Riding) and Tipperary (South Riding) were merged.

Part 2 of the Act provided for the establishment of new councils in Limerick, Tipperary and Waterford. They are known respectively as Limerick City and County Council, Tipperary County Council and Waterford City and County Council. They succeed to the functions of the City Council and County Council.

The dissolutions were to take place on a day appointed by the Minister. References in legislation are interpreted to apply to the amalgamated area.

There was provision for the preparation, deposit and availability of maps to define the extent of the amalgamated local authority areas to be undertaken by the Commissioner of Valuation under the Valuation Act.

Plebiscite for Mayor

There is to be a plebiscite to consider local government options in the Dublin area. In particular, it is to deal with the issue of a directly elected Mayor. Following a request from the Minister, the Lord Mayor of Dublin is to convene a forum representative of elected members of the four Dublin local authorities to discuss the establishment of an office of a directly related Mayor for the Dublin Metropolitan area. After the discussions, the forum is to submit a written report including draft resolutions and a supporting statement and conclusions to the Minister.

If the Minister is satisfied with the resolution and supporting statement, it may be presented to each of the local authorities. The resolution may provide for holding of a plebiscite on whether the office of a directly elected Mayor should be established.

The resolution and statements are to include details for the future functions, structures and governance of the Dublin Metropolitan area and the changes that would arise to the local authority in relation to the functions of other bodies, the relationship with the office of the directly elected Mayor, cost and resources, implications, disadvantages and advantages and measures to maximise efficiency, effectiveness and accountability. That resolution must be adopted no later than a set date on the basis of the approval of a majority of the members of each local authority was required to the plebiscite.

A plebiscite may be held for the establishment of a directly elected Mayor and as such other matters relating to local government in the Dublin area as the Minister considers appropriate. It was to be held in tandem with the 2014 local election. In the event this did not occur, the electorate entitled to vote would be the electorate of the four Dublin local authorities.

If the plebiscite is passed, the Minister within two years is to submit to both Houses of the Oireachtas, a report setting out proposals for legislating for the establishment of a directly elected Mayor or containing a statement for not making proposals for legislation for the same.

Enhanced Powers

Greater powers are given to the elected members to direct policy and oversee its implementation. There is greater scope for elected council members to review the actions of the local authority manager. The council has a role in relation to appointments of the chief executive who replaces the city and county manager.

Legislation provided for a plebiscite in Dublin about the possible establishment of a directly elected Mayor.

Sub-County Level

The 2014 legislation provided for new integrated county and sub-county relationships. The existing regional structures were replaced with new regional assemblies.

Local government reserved functions were assigned to each level. The range of reserved functions was increased.

Municipal districts are established at sub-county level outside of Dublin. The councillors for the municipal district perform particular reserved functions in respect of their district. All Town Councils were dissolved and incorporated into the relevant counties for all purposes.

The municipal districts consist of specified local electoral areas determined by ministerial order for the purpose of the 2014 local elections. The members elected for the areas are to be known as municipal district members.

Reserved functions set out in schedule 3 to the Act may be performed in respect of each municipal district by the members concerned. Reserved functions listed in Part 3 of Schedule 14A must be performed by the elected members of the entire authority.

Provisions regarding meetings, procedures, members, committees, expenses and ethics apply with modifications to meetings and actions of the municipal district members.

Municipal Districts

The municipal districts are to be known as the municipal districts or their Irish equivalent. The members of the council elected under the legislation for the local electoral area situated in the municipal district collectively comprise the council membership for the municipal district for the purpose of performance in that collective capacity of the functions designated.

In each municipal district, the members are to elect a Cathaoirleach and Leas-Chathaoirleach. The functions of a local authority are to be performed for and on behalf of the local authority (including the municipal district members), or the chief executive as appropriate in accordance with the legislation and the manner in which it divides the respective reserved and other functions.

In relation to reserved areas for a municipal district, the general provisions in relation to reserved functions apply and the functions are performed by the municipal district members. Certain functions may be performed by municipal district members or the local authority. A local authority may by resolution delegate with or without restrictions to municipal district members for any municipal district in its area, any of the functions that may be performed and the functions so dedicated shall accordingly be performed by the municipal district in that area.

The local authority may after consulting with the municipal district members, revoke the delegation. This is not to affect anything done prior to the revocation.

A resolution of the authority revoking or delegating functions of the municipal district members must be approved by at least half the members of the local authority concerned.

Regulations on Municipal Districts

The Minister may make regulations specifying conditions which procedures and other provisions in relation to the functions of municipal districts and municipal district members. Regulation may specify:

the number of members necessarily in relation to doing of a particular manner,
the Cathaoirleach and Leas-Chathaoirleach,
their removal from office and annual election,
appointment and dissolution of committees,
establishment of committees,
making of decisions in relation to representation of use of local communities,
provisions for attendance and raising issues by interested persons at the meeting;
furnishing of information to the council;
members’ expense and regulation.

Chief Executive

The office of chief executive of each of the new local government areas was established. The existing county managers could be appointed chief executive. There will be a single chief executive for the newly merged county.

The new chief executives have duties to assist in the formulation of policy by the council and to comply with the council’s directives where the elected members have authority to give them. They must support implementation and account to the council for it.

The former power of the elected members to direct, be manager in relation to planning matters is removed. The power to direct decisions involving provision of goods, services, finance or other assistance may no longer be the subject of directions by the elected members. Amendments were made to the procedure in relation to exercise of the remaining powers to direct the council executive to take particular actions.

Elected Members

Where members of an elected council attend a conference, seminar or other meeting, they shall within 15 days submit to the Cathaoirleach, a written report indicating the nature of the meeting and a summary of the proceedings. The Cathaoirleach is to submit the same to the next ordinary meeting. Reports are made available by the local authority free of charge to any member of the public who so requests.

Elected members must provide information quarterly for inclusion on a public register and all attendance in meetings arising from their membership of the council or payments made to them by such body. A public register of payments made to elected members in respect of attendance at conferences and seminars, meetings and events must be maintained.

The Minister is to meet with a delegation from an association of local authorities at least annually in relation to the roles of the association provided for under the principal Act.

There is provision for reduction of allowances and expenses of members who persistently refuse to leave a meeting where it has been resolved that they have behaved in a disorderly manner.

Members Training

A Minister may require attendance on training and development courses. If they fail to do so, the expenses and allowances of the person concerned may be reduced.

An elected council may authorise one or more of its members to avail of training in accordance with regulations made by the Minister. It may only authorise training if it is satisfied that it is justified having regard to benefits likely to accrue, general interest of the administrative area and the total cost involved. Authorisation is a reserved function. The amount authorised is not to exceed the amount allowed in the budget. The Minister may issue guidelines including the guidelines as to the syllabus of a training program, development of training programs, nomination of training bodies, in respect of specific courses.

Regulations may require attendance by members of local authority of any training or development courses of a type necessary and appropriate to enable the member discharge his or her duties as a member of the authority, board or committee. Regulations may provide for reduction in remuneration or any allowances or expenses which would otherwise be payable, where members fail to attend training and development courses. They may provide for exceptions or compassionate grounds.

Local Authority Associations

Provisions in respect of local authority associations were amended in 2014. Local authority associations are to provide policy support and other assistance to constituent authorities in matters relating to local government, assess public policy as regards any matter relating to local government, and provide advice on making submissions to the Minister.

Rates Reform

A single rating authority is established for each county. Provision is made to harmonise commercial rates between towns and county. Vacancy refunds are standardised. Existing valuation lists are merged in the context of a single rating authority.

Harmonisation of rates is to take place over 10 years in order to reduce the negative effect on local authority revenue. It provided for harmonisation of the rates between those applicable for towns and counties. There is an adjustment mechanism in order to phase in increases and decreases.

The refund rate for vacant premises is harmonised at 50%. Formerly, this applied only in Dublin, Limerick and Cork city with a 100% vacancy remission elsewhere.