Dáil Éireann debate -
Thursday, 15 Feb 1996

Vol. 461 No. 6

Written Answers. - Local Authority Guidelines.

Michael McDowell

Question:

18 Mr. M. McDowell asked the Minister for the Environment the guidelines if any he will issue to local authorities to ensure that where two local authorities cover the same area namely county council and town commissioner the principle of subsidiary is to apply in relation to the creation of by-laws; the reason he has not ordered that section of the Local Government Act, 1994, which would enable local authorities to devise their own by-laws, into effect; and if he will make a statement on the matter. [3374/96]

Minister for the Environment (Mr. Howlin)

Part VII of the Local Government Act, 1994 contains broad by-law making powers which enable local authorities, including town commissioners, to regulate a variety of matters. These powers are in operation from 1 January last on foot of a commencement order made by me on 21 December 1995.

Town commissioners are responsible for making by-laws within their functional area, except in the case of facilities or property in the ownership or control of another local authority. In line with the principle of subsidiarity, ministerial approval is no longer necessary to give effect to local by-laws made under the 1994 Act.