Executive Mayor (Limerick)
Overview
Local Government (Mayor of Limerick) Act 2024 gives effect to commitments made in the Programme for Government – Our Shared Future further to the outcome of the plebiscite in the administrative area of Limerick City and County Council, the Local Government (Mayor of Limerick) Act 2024 paves the way for the local electors in Limerick to vote for a directly elected Mayor who will have executive powers.
The Act transfers certain functions to the Mayor and sets up supporting structures within the local authority. The Act also makes provision for plebiscites in other local authorities that may wish to introduce such an office.
The 2024 Act contains the provisions for establishing the office of Limerick’s directly elected Mayor and specif tieshe powers and functions applicable to the role. These provisions also set out changes to the local authority’s structure so the Mayor has the necessary organisational mechanisms and operational supports for the role, including the establishment of a consultative forum to facilitate engagement between the Mayor and national Government, in particular on proposed legislation and Government policy initiatives and the impacts for Limerick.
Schedule 1 sets out the functions that are to remain with the director general (replacing the chief executive) and the PrÃomh Chomhairleoir (replacing the Cathaoirleach), while Schedule 3 lists necessary modifications to the application in Limerick of certain provisions of the Local Government Act 2001, which is the Principal Act relating to local authorities’ powers, functions and structures.
Establishment
The Minister is to appoint by order an establishment day for the office of the Mayor of Limerick. The  ‘Mayor of Limerick’ or ‘Méara Luimnigh’ is be elected in accordance with Schedule 2. The  Mayor’s term of office will coincide with that of the elected members (5 years) and a Mayor may be re-elected and serve up to 2 full terms. The Mayor may not engage in any other activity or occupation that might reasonably be seen to be capable of interfering or being incompatible with the role of Mayor.
The 2024 Act provides for the transfer of functions to the Mayor from what are now the Cathaoirleach and chief executive on the vesting day, with the exception of certain functions in various enactments set out in Schedule 1. Executive functions that will not transfer include those relating to the administration of schemes and grants as they relate to the individual, staffing and human resources and the role of accounting officer. The applies subject to the modifications to the Local Government Act 2001 contained in Schedule 3.
A person elected as mayor and member of a local authority at the same time does not come into office as a member (i.e. as Mayor only), and an existing Councillor if successful at a by-election for Mayor ceases to be a Councillor. The TMayor may resign the position by means of written notice and for when this resignation comes into effect. There are circumstances under which a Mayor ceases to hold office and creates a vacancy for Mayor. These are death or resignation, removal in accordance with Part 7, upon disqualification under the Local Government Act 2001 or the 1999 Local Elections Act or upon an order for forfeiture of office under the Criminal Justice (Corruption Offences) Act 2018.
If a vacancy arises before 31 October of the final year of the term of office, a mayoral by-election must be held within 3 months and the PrÃomh Chomhairleoir (new name for the Cathaoirleach) performs the functions until the new Mayor is elected. Otherwise the PrÃomh Chomhairleoir performs the functions for the remainder of the term. In either case, the Leas-PhrÃomh Chomhairleoir undertakes the functions of the PrÃomh Comhairleoir. 4
There is provision for temporary absences in the office of Mayor due to maternity leave, illness or a good-faith other reason. The PrÃomh Chomhairleoir again will undertake the functions of the Mayor during such a temporary absence, with the Leas-PhrÃomh Chomhairleoir deputising for the PrÃomh Chomhairleoir.
Limerick City and County Council will pay to the Mayor such remuneration as it determines and agrees with the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform. The Mayor may also receive an allowance for expenses incurred.
Role of Mayor
The Mayor will be an ex officio member of Limerick City and County Council and can attend, speak and vote at council meetings, with some limited exceptions, and may be questioned by the elected members in relation to the performance of his/her functions. The Mayor may also attend and participate at meetings of municipal districts’ members but will not have voting rights.
The Mayor is to be assigned up to 5 staff from the council or up to 4 plus a special adviser. The  Mayor may appoint a special advisor with relevant experience and expertise. The Act sets out the main functions of the adviser, who is accountable to the Mayor. The adviser’s terms and conditions of employment will be determined by the Minister with the consent of the Minster for Public Expenditure, National Development Plan Delivery and Reform. The appointment ceases when the Mayor ceases to hold office unless terminated sooner. A special adviser is deemed an employee of Limerick City and County Council for the duration of the appointment, and relevant provisions in the Ethics in Public Office Act 1995 apply.
The 204 Act provides for the other structural changes relating to key positions and roles in Limerick City and County Council. It abolishes the offices of Cathaoirleach and Leas-Chathaoirleach of Limerick City and County Council on the vesting day. There is to be a  chairperson role, elected and holding office in accordance with Part 5 of the Local Government Act 2001, to be known as the PrÃomh Chomhairleoir of Limerick City and County Council, and for the existing Cathaoirleach to become the PrÃomh Chomhairleoir on the vesting day. The  functions in enactments listed in Part 1 of Schedule 1 apply to the PrÃomh Chomhairleoir and that references in enactments to Cathaoirleach are to be read as PrÃomh Chomhairleoir where applicable to Limerick.
There is to be a  vice-chairperson role, elected and holding office in accordance with Part 5 of the Local Government Act 2001, to be known as the Leas-PhrÃomh Chomhairleoir of Limerick City and County Council,. The person who was Leas-Chathaoirleach before the vesting day became Leas-PhrÃomh Chomhairleoir on that day. Functions in enactments applicable to the Leas-Chathaoirleach of Limerick City and County Council apply to the Leas-PhrÃomh Chomhairleoir from the vesting day and that references in enactments to Leas-Chathaoirleach are to be read as Leas-PhrÃomh Chomhairleoir where applicable to Limerick.
Cheif Executive Becomes Director General
The chief executive of Limerick City and County Council is to become director general of Limerick City and County Council from the vesting day. References to chief executive in enactments listed in Part 2 of Schedule 1 (i.e. executive functions remaining with the director general) to be read as director general where applicable to Limerick.
The Mayor may delegate by written instrument any of the executive mayoral functions to the director general, who is accountable to the Mayor when performing those functions under the superintendence and control of the Mayor. Delegated functions are performable by both the Mayor and director general. This section also provides that the Mayor may revoke such a delegation.
There is to be a deputy chief executive of Limerick. The deputy chief executive before the vesting day becomes deputy director general on that day. References in enactments to the deputy chief executive to be read as deputy director general where applicable to Limerick. There are new structures to support the development of the role of the directly elected Mayor.
Forum
There is to be a Limerick Mayoral and Government Consultative Forum consisting of the Minister, Mayor and other Government Ministers to advise the Minister on matters affecting Limerick or the performance of the mayoral function. It will be chaired by the Minister.
The forum will meet every 5 to 7 months and additionally as required. It will consider and make recommendations on issues arising from the establishment of the office of Mayor or under the Act, additional functions that should be conferred to facilitate the effective operation of the office of Mayor, funding of Limerick City and County Council for the purpose of these matters, the impact for Limerick of proposed legislation or Government policy and any other matter relating to Limerick City and County Council.
Limerick City and County Council may  make submissions and representations to the forum. The Minister may arrange for secretarial and administrative support to the forum and also appropriate technical and research support, as he/she considers necessary.
Mayoral Programme
Within 4 months of taking up office, the Mayor must prepare and publish a Mayoral programme setting out the key priorities and objectives for his/her term of office. In preparing the programme, the Mayor must take into account statutory obligations of the council as well as government and ministerial policies and objectives.
The Mayor must present the draft programme to the elected members and consider any comments or observations made by the members prior to finalising it. The final programme must be provided to the elected members, director general and the Minister, be published on Limerick City and County Council’s website and be generally available to the public.
Committee
There is to be a Limerick Mayoral Advisory and Implementation Committee, consisting of the Mayor, members of the council appointed by the Mayor as he/she considers appropriate and persons nominated by bodies whose functions or activities affect Limerick or the functions of Limerick City and County Council. The Mayor will chair the committee, which has the functions of assisting the Mayor in the preparation of the Mayoral programme and supporting its implementation, supporting economic, touristic, social and cultural matters, considering initiatives to sustain employment, coordinating initiatives, services and funding to support rural areas and measures concerning the regeneration of towns.
The 2024 Act provides that the committee may establish subcommittees to examine and report on relevant matters and for the membership of such subcommittees. The Mayor may generally regulate the procedures for the committee and any subcommittees established. The committee and any subcommittees will stand dissolved at the end of the term of office of the Mayor.
Delivery Board
Limerick Project Ireland 2040 Delivery Board, focuses on implementation of the National Planning Framework and the National Development Plan in the Limerick area. The ex officio members of the delivery board will be the Mayor, director general, chief executive of Clare County Council and director of the Southern Regional Assembly and nominees of other public bodies appointed by the Mayor, who will chair the delivery board. The functions of the delivery board will be to support the implementation of the objectives of the National Planning Framework, the National Development Plan, the Limerick City and County Development Plan and the Limerick-Shannon metropolitan area strategic plan, to prepare reports on the implementation of the latter two plans and to co-ordinate initiatives, supports and funding in Limerick to support rural areas and regeneration of rural towns.
The delivery board shall meet as necessary to fulfil its functions but must hold at least one meeting each year with the Minister for Public Expenditure, National Development Plan Delivery and Reform. The delivery board may establish subcommittees as it considers appropriate to examine matters as directed by the delivery board and report to it, and the Mayor may dissolve any subcommittee.
There is to be a sub- group of the delivery board – the Limerick Project Ireland 2040 Delivery Board Transport Sub-Group. The ex officio members of the transport sub- group are the Mayor (who chairs it), director general, chief executive of Clare County Council, director of the Southern Regional Assembly and nominees of other public bodies related to transport infrastructure appointed by the Mayor.
The main functions of the transport sub-group are to collaborate with public bodies in the implementation of the plans and strategies referred to in relation to the provision of transport infrastructure and services in Limerick, and prepare any reports necessary in this regard to be copied to the Minister for Transport. The transport sub- group meets as necessary to fulfil its functions and must hold at least one meeting each year with the Minister for Transport.
The Mayor may request Government Ministers and public bodies to provide information to the Mayor or to consult with the Mayor in relation to any national policy or legislation that may impact on Limerick or on Limerick City and County Council.
Part 5 deals with legislative amendments necessary for holding elections of a directly elected Mayor. It makes the  necessary amendments to the Electoral Act 1992. The amendments are primarily concerned with making provision for a Mayor of Limerick election and plebiscites in other local authority areas on the direct election of Mayors in general electoral law.
Removal of Mayor
The local authority’s elected members may adopt a proposal to remove the Mayor from office on the grounds of misbehaviour or failure to perform functions. Notice of a removal proposal must be signed by at least two-thirds of the total members and specify the ground(s) and reasons for the proposal. The notice is to be furnished to the PrÃomh Chomhairleoir and Mayor, and the PrÃomh Chomhairleoir is to inform the Minister and arrange for all the members to be copied. Subsection (4) specifies certain circumstances whereby such a notice may not be furnished to the PrÃomh Chomhairleoir.
The  Mayor will have the opportunity to respond with a statement within 14 days, extendable by 7 days, of receiving notice of a removal proposal. It requires the PrÃomh Chomhairleoir to arrange for the elected members to receive a copy of such statement. The  PrÃomh Chomhairleoir to convene a special meeting to consider the removal notice. At the meeting the Mayor will be given the opportunity to address the members and may be legally represented. It is a requirement that at least three-quarters of councillors support a motion, having considered the notice and any response, in order for a resolution on the removal notice to be passed. The Minister is to be informed of the outcome of the special meeting.
Where a removal resolution has been passed, the Minister will establish an independent panel of at least 3 people with relevant expertise to consider the matter and make a recommendation to the Minister in relation to the making of a removal order. The panel is to inform the Mayor of his/her right to submit a further statement to the panel and to request an interview with the panel. There is  provision of a further statement by the Mayor to the panel and the panel’s power to request specified documentation or
The panel may  request an interview with the Mayor, PrÃomh Chomhairleoir, other member or director general. The Mayor may request an interview with the panel, and notice of the date and venue of an interview with the Mayor must inform the Mayor of his/her right to be legally represented or accompanied by other persons as agreed with the panel. The panel may make a recommendation in circumstances where the Mayor or other party does not attend an arranged interview. Having considered the matter, in the first instance the panel makes a preliminary recommendation setting out the opinions, grounds, recommendations and reasons specified
Notice of the preliminary recommendation is to be given to the Mayor, PrÃomh Chomhairleoir, other members and the director general, who will have the opportunity to provide observations on it within 7 days. Having considered any such observations, the panel must then proceed to make its final recommendation, which is provided to the Minister and copied to the other parties.
There is provisions for  order for removing the Mayor from office, which may only be made by the Minister if recommended by the panel. A removal order must specify the grounds on which it was made and the date on which it is to take effect. If the Minister decides not to make an order on foot of a recommendation to remove the Mayor, he/she must notify the Mayor, PrÃomh Chomhairleoir, other members and the director general of that fact. If the Minister accepts the recommendation and decides to make an order to remove the Mayor, the draft order must be laid before each House of the Oireachtas and be approved by each House before it can be made.
Various
Schedule 1 lists functions in various enactments that will not transfer to the Mayor. It has two Parts. Part 1 lists the sections in the Local Government Act 2001 that contain functions currently applicable to local authority Cathaoirligh that will remain with the PrÃomh Chomhairleoir of Limerick City and County Council.
Part 2 lists sections in various Acts and Regulations, including the Local Government Act 2001, that relate to functions currently applicable to local authority chief executives that will remain with the director general of Limerick City and County Council.
Schedule 3 relates to section 5 of the Act and provides for necessary modifications to how certain provisions in the Local Government Act 2001 are to be read in relation to Limerick City and County Council following the Mayor taking up office. As well as catering for the existence of the Mayor and for functions in which both the Mayor and director general will have a role, some of the modifications also cater for the change in titles provided for in sections 22, 24 and 26 of the Act.