As the business of the House has been interrupted for another purpose I have the opportunity to extend my best wishes to Deputy Hayes in his new appointment. I should not say I will miss him but I probably will. I wish him congratulations and every success in his front bench appointment. I also congratulate Deputy Dukes who is not present.
The Bill amends something which was done in recent years arising from a recommendation in the Barrington report. As the late Tom Barrington passed to his eternal reward recently, I extend my sympathy to his family and thank him for the wonderful contribution he made during his lifetime to the local government system. He was a forward thinker who, at times, despaired of any heed being paid to the ideas he and others promulgated. I was pleased to ask him to chair the committee which produced the report on local government reform, one of whose recommendations, the appointment of managers on a contract basis, is the subject of this Bill.
It could not have been anticipated that difficulties would arise from the seven year appointment period and that excessive mobility would pose a threat to the stability of the system. The proposal contained in the Bill is reasonable and has been accepted by Members on both sides of the House. It is appropriate to proceed with the Bill and I thank Opposition Deputies for their indication of support.
Other matters have been raised which are extraneous to the specific issue before us. The debate which will soon begin on the Local Government Bill will give ample opportunity to discuss every aspect of local government and I hope that opportunity will be availed of by the House when we return in the autumn.
It was not intended to achieve this aim by bringing forward a single Bill with only two sections, but given the number of managers whose contracts will come to an end this year or next, it is appropriate to enact this legislation on its own. The possibility of a delay in the Planning and Development Bill, where this measure was intended to be included, made it necessary to enact this legislation in fairness to these managers.
I do not have notification of the adjudication of the Council of State on this issue so I will not comment on Deputy Hayes's remark. Fundamental changes are proposed in the Planning and Development Bill on the housing strategy and the right of local authorities to acquire a percentage of land for social housing in order to meet the requirements of the housing strategy. That is a fundamental change and it is important that its constitutionality be clarified at an early stage. The matter warrants the consideration of the Council of State and I await its judgment.
Deputy Hayes referred in a critical tone to the practice of doing things by way of regulation. This is a normal provision and in this case the regulations must be laid before both Houses and are subject to annulment by both Houses. When Deputy Dukes and I were in Opposition he continually proposed that where matters could be done by regulation, they should be subject to the affirmation of the House. I am sure he will be pleased that this is what is proposed in this case.
The role of local authority members involves the cathaoirleach notifying them and the Local Authority Commission of the notification he has received from the manager that within the due period he intends to apply for an extension to his contract. The Bill gives the manager an automatic right to that extension if he applies within the stated period. The members must be informed by the cathaoirleach but they have no other role in the matter. Deputy Gilmore asked what would happen if they did not agree with the request. It is not a request but a right being granted in the Bill to avail of the extension if they so wish provided they apply within the appropriate period which will be done by regulation. It is likely to be the fifth year so that there is a two year notice of the intention to seek the extension.
Members, under existing provisions, have the right to suspend or remove a city or county manager by way of an appropriate vote if that is their wish and they deem or consider the manager to be unfit. I do not think there are any precedents in that regard but that provision is in existing legislation and should not be mixed up with this provision which relates to notification of the intention to apply for the extension.
The situation in regard to Secretaries General is not the same. This situation does not arise in regard to Secretaries General who have a contract for a certain period and to whom the right to an extension does not apply. It is not proposed to bring forward any changes at this stage in regard to that matter.
The relative position of the elected council and the manager was mentioned by Deputy Roche. This is a matter which will be a key element of the local government Bill, which was published recently. It sets out to redress the democratic deficit and to provide better practical supports and back up for councillors to fulfil their intended role of setting the policy parameters and overseeing the executive. The aim of that Bill is to restore the necessary balance. I am sure that during the debate on that Bill, Members will have an opportunity, if they believe it is appropriate, to strengthen the position of the elected members by way of suitable amendments. I know the Minister will be open to listening to arguments in regard to such matters and in other matters whereby the balance of power between managers and elected members can be improved. That is an important aspect of local government reform generally.
Deputy Gilmore mentioned the diminution of status of certain posts. He referred to the post of director of services. Information was given in the House this week in regard to this matter, and I refer to part of the reply.
Proposals have been finalised for the creation of strengthened local authority management structures to meet the demands of the introduction of a programme based system of administration and the abolition of the dual structure. Under these proposals the posts of assistant county manager and county engineer will cease to exist. A new grade of director of services will be created at assistant county manager level. A number of these new posts will be filled by designation of the serving assistant managers and county engineers as directors of services. Each director of services will have responsibility for the management of all the staff, both technical and administrative, dealing with the functions assigned to him or her.
The rest of the explanation in regard to these changes is contained in that reply.
The Deputy also mentioned the general area of the downgrading of the county planning officer post. The new structures will not affect the level or quality of the planning advice available to local authorities. The main function of the existing county and city planning officer post in the Dublin counties and Cork city is the management of the technical planning staff. All decisions on planning matters are taken by managers and councillors who must take many other issues into account before making their decisions – for example, matters relating to roads, water, sewerage and the environment. Planning advice is just one element of the process. Technical planning matters will continue to be dealt with by senior planning staff, that is, assistant planner, executive planner, senior executive planner and senior planner. I do not know if we should get into all that detail. If Deputies want to raise those issues in greater detail, they can do so when the local government Bill is being debated.
This change is something which can be justified in view of the experience to date, and I have practical experience in this regard. A fine city manager was confronted with a situation in which he had to make a decision. Because of his age, he had a number of years remaining in which he could serve in the public service. He had spent his life in the local government system, was an outstanding manager and made a fantastic contribution to the development of my city. He felt the options were not there in terms of a guarantee of continued employment and he applied for a position in another city. He was appointed to that position and will be moving from Galway to Cork city as the new city manager there. He will commence a new seven year contract. Galway's loss is Cork's gain. It would not have been his wish to have moved from Galway but this legislation was not in place prior to him applying for the appointment. That was going to become a major feature of the whole local government system and I expect the option to extend the contract by three years, making it a ten year contract, will, in many cases, mean this will not happen and that the situation will be stabilised.
