asked the Minister for the Environment the arrangements which have been made to date for the transfer from existing bodies to the four new local authorities in the Dublin area of functions, assets and liabilities, property and staff and for all consequential matters; and when the four new Dublin authorities will start to function.
Ceisteanna—Questions. Oral Answers. - Dublin Local Authorities.
7.
The Local Government (Reorganisation) Act, 1985, provides for revision of the boundary between Dublin city and county Dublin and for necessary consequential arrangements such as financial and property adjustments between Dublin Corporation and Dublin County Council. It also defines the territories of the three new county councils which will replace Dublin County Council and Dún Laoghaire Corporation. The definitive establishment of the new councils is a complex matter requiring detailed assessment of financial implication and appropriate provision for redeployment of staff, property, assets and liabilities and various consequential re-arrangements. Considerable progress has been made in the preparation of the necessary legislation and in consultations on technical aspects at official level. This work is proceeding and the target date for the new authorities to become operational, taking account of the detailed planning and preparations required, is 1 January 1987.
Is the Minister happy that on 1 January 1987 these new authorities will be set up?
I have no reason to believe otherwise. I understand that, notwithstanding the numerous factors that have to be taken into account, the target that has been provided for in the reply is realistic.
Will the Minister indicate whether the arrangements that are being made at present will interfere in any way with the re-arrangements of Dublin city boundaries in relation to Ballymun? Will there be any delay in the take-over of the Ballymun area by Dublin Corporation as a result of surveys that are under consideration?
I understand from my information, though this will be subject to confirmation by way of a letter, that the entire process will be negotiated and will be arranged for as a single operation to come into effect on 1 January 1987. Any details such as the transfer of responsibility for the Ballymun complex will, I presume, form a part of that. However, that precise information is not available in my brief and I will arrange for the Department of the Environment to contact the Deputy and inform him of the position.
Is the Minister aware that there is considerable confusion between the corporation and the county council as to who is responsible for what, and when responsibility will transfer? Is the Minister aware that there are a considerable number of problems in the Ballymun area which need to be dealt with urgently? I do not think they can wait until January 1987.
I fail to see how there can be any confusion between local authorities in relation to their obligations and statutory liabilities as of now. My understanding of the law is that their existing liabilities will prevail until such time as the order under the new legislation arranging for the transfer from one authority to another is made. That is targeted for 1 January 1987. I do not see why legal responsibility in regard to the functions of any local authority should become confused at this stage because of proposed changes that will take effect from 1 January 1987. The existing liabilities which are clear in legal terms — I am aware that there is some problem in regard to the boundaries in Ballymun — will stay in place until they have been formally changed under the new legislation. That will not occur, according to this reply, until 1 January 1987.
Will the Minister pursue the points I have raised by way of letter to me because, while the Minister may be correct in regard to the legal clarity of the position, the fact remains that there is at least a reluctance on the part of the county council to do certain work pending the take-over by the corporation of land, roads and so on. That is leaving the people in parts of Ballymun in a bad state.
Their reluctance to do certain works is different from a legal confusion as to who is responsible for what. If that is the problem I suggest the way it could be responded to would be for Dublin Corporation and Dublin County Council to try to work together on it. The Department of the Environment as such will have no direct function in regard to that. If work has to be undertaken in an area under the responsibility of Dublin County Council which, in the rearrangement of boundaries, may become part of Dublin Corporation, the reluctance may be understandable but their responsibilities have not changed and will not change until 1 January 1987. If work is required to be done the previaling framework is the one within which they have to operate.