Elected Members

Role of Local Authorities

The Local Government Act 2001 updated and consolidated legislation dealing with the constitution and mechanics of local government.  It sought to enhance the role of the elected members, expand community involvement and modernize the legislation.

The Act followed on amendment to the Constitution in 1999  which recognised local government and fixed a five year cycle.  This had followed  from circumstances in the 1990s and earlier where local government elections had been postponed due to financial constraints and the intention to reform.

The Act seeks to set out a general statement of the functions of local government and provide mechanics for membership, offices of the Cathaoirleach and local elections.  It provides a standards in office framework for staff and councillors.  It modernises provisions regarding staffing related matters.

An independent commission was established to deal with local authority boundary changes and electoral reviews.  Provision was made for the establishment of new councils.

Council Policy

The legislation emphasise the principle that council members determine policy and have mechanisms to oversee, monitor and implement policy.  The manager (now the chief executive) who is unelected operates  within the policy framework set by the elected members.

Provision is made for strategic policy committees with representatives of sectorial and community interest and councillors.  The city and county development boards were given statutory recognition.  They bring together state, local government social partners and local development groups under single forum to advance job strategy and social economic and cultural matters in their area.

The policy role of the local elected members is expressed through the exercise of reserved functions. The reserved functions are now listed in the schedule to the Local Governments Act 2014, which confirms them. Elected members have powers to oversee the executive. A Minister may change their extent of reserved function by order. It is the duty of the the executive to carry out the decisions of the members lawfully given and to assist and advise them.

Structure and Constitution

The Act establishes local government areas in the state in accordance with the previous local government areas.  It established counties, cities and towns.  Town Councils were later abolished by the Local Government Act 2014.

Former county boroughs were renamed  cities and areas titled as boroughs, urban districts and towns were renamed town council.  A single common legislative scheme apply to all councils replacing the existing layered and different legislation, which  applied to different types of authorities.

Each local government areas has a county council or city council as the case may be.  The legislative basis for each is the same.  The members are titled councillors and the chairman is the Cathaoirleach.

The local authority has jurisdiction in its area in respect of functions vested in it under the local government legislation and under the legislation generally.

The local and corporate status of local government is confirmed.  The continuity of councils, despite re repeal of existing legislation and renaming is confirmed.

Membership

Any person aged 18 years and over and a citizen of Ireland or ordinarily resident in the State may become a member of a local authority.  There were certain disqualifications set out in schedules which are mentioned below.

It is qualified the holders of EU related officers, MEPs, Ministers and Ministers for state, Gardi, members of defence forces, civil servants and persons convicted of certain offences.

Local authority other than those designated by order are disqualified.  The same applies to civil servants.

The legislation ended the so-called dual  mandate whereby persons could hold seats in the Dail shall and also be a councillor. Members of Dáil Éireann and Seanad Éireann are disqualified from being members of local authority. It is an offence  to be a member of a local authority when disqualified.

The local authority members generally take up office seven days after local election and hold it until seven days after the following local election unless they resign, become disqualified or otherwise cease to be members before that.

Payments

Regulations may be made by the Minister with the consent of the Minister for Finance for payment of allowance to the local authority members in connection meetings, committees, posts of chair, strategic policy committee, conferences, training etc.

Regulations may permit the payment of salary to the Cathaoirleach and members of the local authorities. They may make superannuation provisions. Criteria for authorisation of attending at conferences, seminars etc. are set out.

There is provision for payment of reasonable expenses by a local authority to its Cathaoirleach and Leas Cathaoirleach. Decisions to pay allowances are reserved functions and are subject to directions given by the Minister following consultation with the Minister for Finance.

Cessation & Resignation

There is provision for resignation of the local authority members.  They are deemed to resign if they are absent for meetings for continuous uninterrupted period of six months.  There is an exception for illness or other good reason accepted by the authority.

There is provision for casual vacancies.  There are provisions for replacing members through co-option by resolution of the council.  The person to be co-opted is nominated by the same party who originally nominated the person who is replaced.  Standing order procedures may deal with the position for  non-party members.  Acts of the authority are deemed valid notwithstanding participation of persons who are disqualified as members.

The number of local authority members/councillors is set by legislation.  There are provisions whereby the number of elected members can be changed.  An application is made  to the Minister who requests the Local Government Commission to report in the application.  The Minister then determines the matter.

Elections

The Minister may order by order determine local electoral areas for the purpose of local elections.  He may set the number of elected members for each area.  Elections are by proportionate representation.  The determination of local electoral areas is made in accordance with a report to the Local Government Commission.  Reasons must be given for any variation.

Persons who are entered on the register of local government electors are entitled to vote at the local election within the relevant local electoral areas.  Persons may not vote more than once in a local elections.  Prior to 2014, persons living in a town could vote in both the town and county council election.

Local elections are held in May or June of the 4th and 9th year of each decade.  A constitutional amendment ensures that it is not possible to postpone local authority elections.

Local elections are held in accordance with regulations made by the Minister.  They are held under the proportional representation system with single transferrable  vote.  The regulations must be approved by resolution of each house of the Oireachtas. Where as a result of a boundary alteration or revision of a local electoral areas, polling districts or adjustments are required in respect of the register of electors, the manager may make them.

Each year which is a local election year is also an election year for the purpose of various boards and committees which are elected under the auspices of local government.  Many of these including VECs and school attendance committees have now been phased out.

Chairperson

The Cathaoirleach and Leas-Chathaoirleach are the chairman and deputy chairman of the elected members.  Each local authority is to have be chairperson and vice chairperson known as the Cathaoirleach or Leas-Chathaoirleach.  Different titles may apply in some cases. In some cases, the terms lord mayor and deputy are used.  They may be adopted by the council.

There is provision for resignation of the Cathaoirleach or Leas-Chathaoirleach and for the removal by resolution of the elected members for specified reasons and subject to special procedures requiring 75 percent of the elected members.

The Cathaoirleach or Leas-Chathaoirleach are elected by the elected members.  They are to be elected at the annual meeting.  There is provision for filling of casual vacancies in both offices.

Direct Election Considered

The 2001 Act contemplated direct election of Cathaoirleach and deputy Chathaoirleach in 2004.  The legislation was amended in 2003 to remove the provision for a directly elected Chathaoirleach.

The elections for Cathaoirleach or Leas-Chathaoirleach were to be held in conjunction with the local government elections under a single countywide electoral area.  The elections were to be held in accordance with regulations made by the Minister.  Persons who are disqualified from election as a member of a local authority may not be Cathaoirleach or Leas-Chathaoirleach.

The directly elected Chathaoirleach was to have a term of office for five years and would be eligible for re-election, not for more than two consecutive terms.  If Chathaoirleach was not already a member of the council of local authority, he or she became a member by being elected Chathaoirleach.  In this case, the overall number of members was increased by one.

The 2014 Local Government Act contemplated a plebiscite on  the issue of a directly elected mayor for the entire Dublin region.  However, the four local authorities  concerned decided not to do so and the plebiscite was not held.

The budget  of income and expenditure must be prepared by the manager (now the chief executive) after consultation with the corporate group. The budget is adopted by the elected members.

Corporate Policy

Each Council is to establish a corporate policy group which consists of the Cathaoirleach and chairpersons of the SPCs who advise and assist the elected members in the formulation, monitoring and development of policy.

The corporate policy group must be consulted by the manager (now the chief executive) in preparing the draft budget. It must be consulted in the preparation of the preparation of the corporate plan.

The corporate policy group may require the manager to report on any matter related to its functions. The Cathaoirleach may direct the manager to refrain from doing any particular act where a report is requested. The direction takes effect for up to two months to allow additional for consideration of the matter by the council.

There are safeguards in relation to the functions which the local authority must carry out by law and to provide for emergency. Does not derogate from the functions of the elected members.

Corporate Plan

Each local authorities must prepare a strategy statement / a corporate plan within a certain period. This is generally to take effect for the  period of office of the elected members.

The corporate plan is to set out the principal activities of the local authority including in particular its objectives and priorities and its proposals to work towards improved service and human resource activities. It is to be drawn up in consultation with the corporate policy group in accordance with ministerial guidelines. It is submitted to and adopted by the elected members. An annual progress report must be submitted by the manager.

Relationship with Executive

The manager (now the chief executive) must submit reports on the proposed capital projects program for the following three years. It must when requested by the Cathaoirleach or elected members supply information on matters with which the council is concerned and is within his possession or procurement.

The manager (now the chief executive) is to prepare plans, specifications and costings for works when requested by the council. Manager is to inform the elected members before the council is committed to expenditure for or undertakes new works. The council may direct the manager to inform them when he proposes to perform any specified executive functions. There are exceptions in relation to emergency works similar to those above.

The elected members when informed of proposed works may direct the manager not to proceed with them. This does not apply to works required under statute or by court order.

The elected members may require the manager to carry out executive functions, which may be specified. The procedures applicable to a resolution are set out in the legislation.

Local authority members who represent the council and other bodies must report back to elected members annually or at other times if required by the Cathaoirleach.

A proposal for the disposal of the land must be submitted to be elected members.    A disposal below market value requires the consent of the Minister for Local Government and the Environment.

County Executive

The selection of the county or city manager (now the chief executive) is by the local authority elected members. However, they only act in the recommendation of the Public Appointments Service.

A county manager (now chief executive) can be removed from office with the consent of the Minister. The county manger’s term of office last five years. The Minister  may extend the period for a further two years.

The manager may be removed from office by a resolution passed by at least three quarters majority of the elected members / councillors.  Ministerial consent is not required.

The  matters specified as reserved matters are more policy based and include powers to make bye laws. They include the key financial functions.

In a number of areas, legislation has bypassed the powers of the elected members due to their reluctance to adopt certain necessary legislation, particularly in waste management and  travels accommodation

The county management delegates its functions to officers and employees of the authority. The delegation may be revoked.

Special notice is required for a direction compelling the manger to do something within his function. It must not direct a manager to act in breach of principles of constitutional justice or outside the powers of the authority.

Enquiries

Part 20 deals with public local inquiries held by an inspector appointed by the Minister.  The Minister may hold such public local inquiries as may be necessary for the purposes of any function conferred on the Minister or in relation to the performance of functions by a local authority.  The procedural matters may be prescribed by regulations.

The inspector has extensive powers in conducting an inquiry.  A local authority or other party to an inquiry may be directed to pay the costs by the Minister to another party or to the Minister.

Failure to do Duties

Part 21 deals with failures by the local authority to perform its statutory duty.   Where a local authority fails to carry out certain duties, the members may be removed from office.  Their appointments to other bodies terminate.

The Minister may make such an order where he is satisfied after holding a public local inquiry that the local authority is not effectually performing its functions, a local authority has failed to comply with the a decree of Court or fails to adopt a sufficient estimate for its expenses.

Where members have been removed from office, the Minister may fix a new local election.  Those elected hold office until the next election.  Where a new election is not held, an election for that authority must be held at the next local elections.

The Minister may appoint Commissioners to carry on the business of the local authority during a period when the elected members have been removed.  There are provisions for the exercise of functions by a Commissioner, Commissioners during the period when the elected members have been removed for failures to perform their functions.

Where members of a local authority are removed, members appointed to linked bodies also cease to hold office.  The Minister may order or make arrangements regarding linked office during the removal period.

Annual Reports

City and county councils must prepare an annual report on the performance of their functions.  The adoption of the report, is reserved to the elected member.  County councils must adopt an annual report or a report for such other period as may be decided.

The Council’s must make periodic returns of information on performance of their functions to the Minister.

There is provision for a report by an authorised person in relation of any function of the local authority.