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Seanad Éireann debate -
Thursday, 28 Mar 1985

Vol. 107 No. 13

Local Government (Reorganisation) Bill, 1985: Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

First, I should like to thank Senators for their contributions to the debate. Perhaps I should say that some of the points made were not relevant to the Bill and I shall not be referring to them. Otherwise, I shall deal as far as possible with the points made and if I do overlook any of them, Members may raise them again on the Committee Stage, if appropriate.

Senator O'Toole and others said that this Bill which we are discussing cannot be considered as implementing major reforms in the local government area. That is not correct. A White Paper on Local Government Reform was published by the Opposition in 1971. The White Paper proposed the establishment of a single metropolitan authority for the entire Dublin area and widespread abolition of the smaller urban authorities around the country. These proposals and any subsequent proposals by the Opposition proved to be unacceptable to many and this speaks volumes in that area.

As I indicated in my Second Reading speech, any further delay in tackling the whole question of local government reform would be indefensible. The Government prepared a reform programme. Therefore, this Bill represents the first substantial step. It is important that there should be a series of steps. Surely nobody felt that the type of reform we are talking about could be implemented in one piece of legislation. The whole process is too great for that. We have been talking about it for the last 15 years. We postponed the elections last year to enable the Government and the Department to get on with the proposals. Right through the year we were getting many taunts that the election would not take place and that there would be no reform, that we were only procrastinating and that no election would take place in 1985. I have always said in the House that elections would take place in 1985 and they will take place. This is the first stage of the reform.

Basically, this Bill is necessary to get everything into place in order to have the elections. That is why I want the Bill. Again, I would like to thank the House for their co-operation. I want the Bill quickly so that we will have everything in place to enable us to have the elections in June. There still seems to be some misunderstanding in the House, amongst a number of speakers, regarding the whole question of reform. I clearly indicated in my opening statement that there were a number of measures involved. Firstly, the completion of the reorganisation of Dublin, including the transfer of functions to new councils and the setting up of a metropolitan council as a co-ordinating body, will be the subject of further legislation. Secondly, the additional legislation is in preparation to effect reforms and improvements in the organisation and procedures of local authorities. Thirdly, an examination is being conducted urgently of the means of effecting the substantive devolution of functions from the centre of local authorities so that any necessary statutory provisions may be included in the programme which I have outlined.

When we talk about reform we just do not talk about lines on maps or putting additional councils here or there. What Members of this House and the general public want is real reform. I believe that within central Government there are vast areas that should be devolved down to local authorities. A number of Senators clearly indicated today the need for housing grants, group water schemes and bylaws. There is a whole range within my own Department which will be devolved down. There are other areas. The area of education should be looked at to see what should be devolved down into the area of local authority. Look at social welfare and see if it could not be done on an agency basis so that people who have problems within a particular area can go to their local authority. The whole question of harbours must be examined. Should local authorities not be looking after them rather than central Government? The fact that parks, particularly in Dublin, are being looked after by central Government seems ludicrous to me. These are the things that I am talking about. I want to assure the House that we will have a package in regard to these and they will be out and on display before the local elections. The people will be able to make their minds up whether they have the desire to reform or not. That is important. We have a desire to reform and all sides of the House want this to happen as well. I want to assure all sides of the House that this type of reform will take place.

We will look also at the question of the ultra vires which inhibits managers from taking on added responsibilities because under the law they are not supposed to do so. Some of them do it. They may use that as a protection. We will look at the functions of managers. What should managers be in a local authority area? Senator Michael Higgins said that the late Mr. Seán Lemass indicated that they should be development people. They should be out there selling the county basically as a development prospect. I agree totally with that system. Managers should not be administrators. They should be people who are there developing the county, bringing industry into it, developing the tourist industry, developing all the indigenous industries in it. That is what a manager should be doing. Hopefully, when we get this sorted out that is the kind of thing we would have in mind.

We have also to look at the responsibilities of members and see what additional powers or responsibilities we can give them. If we get all of this devolving down, that by its very nature would give added responsibilities to the councillor. A number of speakers talked about the expenses and the question of postage costs and phone costs for members. I want to assure the House that in the package that will be looked at. I want to say that sincerely because as a former local authority member myself I have the greatest respect for members of local authorities. They do a tremendous job. They work very hard for long hours for no payment. They are an example to society in the way they dedicate themselves in such an effective way to serve people at local level.

Hear, hear.

Tell Gay Byrne that.

I do not worry about that gentleman too much. It is important, as politicians in central Government, that we should say that and that we should give them the kind of encouragement they want because without them our society would be very much poorer.

Senator Michael Higgins and many others spoke about finance. That is an important area. We are looking at that. The whole question of raising local finance and how you do it in a structured and positive way, giving responsibility down to the local people, is important. I want to assure the House that we are actively pursuing that. The National Economic and Social Council and the Commission on Taxation are studying it. Both reports should be coming on stream very shortly. They could act as a nucleus of ideas for what we want to do. I hope when we do come up with a constructive package for financing local authorities there will not be a whole lot of political chicanery and that it will be accepted as a package to improve services for local authorities. I believe it will. It is important that we get the financial end of it right as well. When we talk about reform it is important that we look at a total package. It is going to take time, even when all of these things are in place. We are not talking about switching on the light next June and all of this reform could happen. Some of the reforms will take some years to come into place because of their complexity. We should not expect instant action. Local government has been there for a long time without any major changes. When we get it programmed and moving throughout the country, this country will be a better place. There will be greater involvement by the people and by the community at local level which will stimulate their own areas.

I want to make a point in relation to the views expressed about the county councils' borough commission. It was said that they were somehow constrained or subjected to undue influence. There was no evidence to support this assertion but it still did not stop the allegations being made. I want to reject these allegations out of hand. They are wrong. I want to place it on the record of the House that there was no influence, undue or otherwise, on the commission. It is casting grave doubts on the integrity of the commission to say that they allowed somebody to influence them in their decisions. They were an independent body set up by the Government. The commission consisted of two High Court judges, two senior officials from my own Department and two managers from the local authorities. They are all people of the highest calibre in our society who were prepared to work hard and who gave a lot of time to get this boundary situation sorted out, both in city and county and outside the Dublin area. I resent the charge in this House that they were influenced. I do not mind people saying that I am politically cunning or otherwise. I am able to stand up for myself. I resent very much anything that impugns the character of people in our society who are prepared to serve us in an honourable way.

I would appeal to Members not to indulge in this type of thing. How are we ever going to get people of that calibre to serve again if, when they do it honestly and completely free from any interference they are castigated? They got their terms of reference. The Members can castigate the terms of reference and that is something I do not worry about. The Government will deal with that. I would have to take grave exception to any aspersions cast on the individuals in question as a body.

Senator O'Leary asked why should there be judges? It is an established practice in commissions in the past and there has never been any major problem with regard to commissions. If the Lord himself came down and drew the lines He would not do it right. Let us not have any doubt in our minds about this. Nobody could come up with a totally acceptable set of proposals. If we undertook it as a Government or if I asked my officials to do it on my behalf I would be blackballed from here to Donegal and back. I would accept that as being political. We did not do that. We gave it outside and I would like again to say quite clearly that these people were above reproach. It is important that I should say that and that I should put that on the record of this House.

On a point of order I do not think anyone attacked the character of the commission. What people attacked was the ability of the commission.

It was said that there was interference; reference was made to me and to others. To say that a committee succumbed to interference is to attack their integrity.

They succumbed to information given to them.

No. Once they got the terms of reference from the Government——

Who gave them the information?

The terms of reference were there for everybody to see. There was no question about that. The terms of reference were there prior to the commission being set up. That is what they had to do. There was no question about that. From the time the terms of reference were issued there was no further contact or information supplied by the Minister or by me in relation to the commission. The commission then took over because it was then a body. The commission advertised in the newspapers for submissions. Senator Killilea stood up this morning in a derisory way quoting this one and that one and mentioning "Fine Gael south-west" and so on. They had, under the advertisement, every right to make a submission. Any Member of this House had the right to make his submission too. The commission had a right to look at it, accept it or to make alterations. They were an independent body. I am not here to defend their decisions. Their decisions are their own. The Government, as the House is aware, accepted the commission's report and will not be changing it.

Everybody had a right to make submissions to the commission. It was not a question of some political party or some individual having, for some particular reason, access to the commission when nobody else had. That would be an unfair inference and one that seemed to be drawn, judging by what was said in this House this morning. I would reject that because of the nature of the public advertisements that appeared. The submissions were all recorded in the back of the commission's report which is a clear indication of the openness of all this.

Where did the commission get their information about Roscommon, Clare, Kerry, Galway and the Aran Islands?

That is a matter for the commission.

Point made.

They were totally independent——

They go out in the morning and they shake the bushes and it all falls down.

If you care to deride these people again. The system is all right and has proved all right.

It certainly is not all right. I will have to contradict that.

The conduct of the system is wrong.

The conduct was perfect because if the Senator questions the conduct he is questioning the integrity of that commission.

That is your statement.

On a point of order, I ask the Minister why were not the recommendations of Galway County Council adhered to?

Again that is a matter you would have to ask the commission about.

The Minister is safeguarding the commission.

He praised it.

An Leas-Chathaoirleach

The Minister, without interruption.

People from all walks of life made submissions and what the commission did with them was their business. They could reject, accept or change them. They could do what they liked.

On a point of order, how is it, a Leas-Chathaoirligh, that the Minister in his submission to this House today could praise the submission of the Galway Corporation and the Galway County Council on one aspect and not mention them at all on the other?

I said I praised the Galway Corporation and county council for the way they co-operated in the extension. I was not aware of what submission they made or anything of that nature, and not being aware of it I could not comment on it. I praised them for their co-operation. I will praise them again for the way they co-operated. I wish everybody had co-operated in the way they did, but they did not.

What about the rest of their co-operation? Where did that vanish to? You do not seem to know anything at all about that.

I would not know. It is a matter for the commission.

You can praise one part of it and you are doing nothing at all about the rest of it. That is what arouses my suspicion.

An Leas-Chathaoirleach

Speak through the Chair, please.

I am genuinely surprised at Senator Killilea's attitude. He is misquoting and misleading what I said this morning. What I said was that I, indeed, congratulated and complimented both the Galway County Council and the Galway Corporation for the way in which they co-operated. That is what I said. I will continue to say that because I think it is important.

Getting back to finance and the question of local authorities being starved of finance, Senator Harte correctly made the point that the local authorities have not been starved of finance. This year the amount that went to local authorities was 10 per cent up on last year. We cannot get away from that figure. That is a fact of life. There is no point in waffling on that they did not get this or did not get that. They got 10 per cent on the basis of a 6 per cent inflation rate. They are the facts and figures. I know the Opposition do not like to hear these figures because they have something conjured up in their own minds about figures.

Have a word with our county manager.

We are saying that as a Department we gave local authorities 10 per cent more finance this year than they got in 1984. That is a fact of life. The figures are there. I can produce them for the Senator. I am sorry if it does not rest well with him.

It rests well with the Minister.

Senator O'Toole spoke about the farm tax proposals and said they will not work well. They are at present being brought into the Government and the necessary legislation is being introduced. This form of local taxation for local authorities will take place. I just want to inform the Senator of that in case he might feel that we were not introducing it. I know others ran away from such responsibility in the past. I want to say we will not be running away from those responsibilities. It is fair that all sections——

On a point of order, I do not think it is becoming for the Minister to say a thing like that. We were never in favour of that type of tax. We did not run away from any such thing. I know the Minister is referring to this side of the House. What is the Minister talking about when he says that other people ran away? What you mean by that, Minister?

The resource tax.

We are not a couple of kids in this House now. I look on the Minister as a small little boy now. It is evident to this whole House that the Minister is guilty of the other allegations mentioned by the Senator and indeed he has proved it here. If the Minister wants to get this Bill through the House I want to tell him to behave himself.

An Leas-Chathaoirleach

The Minister without interruption.

Do not be acting the bully. I am merely saying that we will do that. It will be used for local authority finance. That is important.

The Minister knows it will not be implemented.

That is a start in some form of self-financing for local authorities.

It is a sham before the election. That is what it is.

I asked earlier for co-operation when we bring in a financial package. I would fear that there might be a lack of co-operation, however, we will find that out.

We will never be caught on the co-operation kick again in this House. I can tell the Minister that after what we learned today. The Minister must acknowledge——

I do not know what the Senator learned today. I hope he learned a lot.

Speakers on this Bill numbered nine or ten from the other side, on a quick calculation. We were not responsible for this allegation of, "I want co-operation, I want co-operation". The Minister will get what he is entitled to here. That is it. Full stop.

The Senator was calling for the local elections to take place in June. We want them in June. That is why we asked for the facility. If the Senator is so anxious for them in June then he should co-operate.

We are doing that. The Minister is not co-operating. His behaviour does not become a Minister. I have to respond to statements that are made. The Minister made a statement that a particular thing would not happen. I was clearly indicating that it will happen——

I have to respond to——

That is only the Minister's opinion. I am entitled to my opinion here and I think I have as much background to give my opinion as the Minister has because he has been a member of a local authority for a shorter time.

I am merely giving opinion on behalf of the Government.

As Whip for the Government side, I was not approached by the Whip of the Opposition nor at any time did we agree to any curtailment of speakers.

Do not worry.

The Order of Business was agreed. It was understood that two items would be taken today, No. 1 and No. 2, and that they would be completed within the ordinary working schedule of a second day's sitting. Everyone in this House understood that the House would finish at 5 p.m. That is true. We gave you that co-operation all day. We only entered three speakers. I caused annoyance to myself and to some of our Members by refusing them the right to go in on this Bill today because we wanted to co-operate. We realise — and we have a sense of responsibility — that there is an urgency about this Bill. We are quite anxious to have the local elections as soon as possible. We have no reason to fear the outcome of these elections when they come. I am not one who is unreasonable in any way and I am representing Senator Willie Ryan here as Assistant Whip. Unfortunately Senator Willie Ryan could not be here. I do not think we will enter into any such agreement with the other side of the House again for a very, very long time in view of the failure from the Minister's side of the House to carry out the agreement that we have had.

While I very much respect Senator de Brún — I have always found him to be a perfect gentleman — but in no way was there an agreement with Whips as to the number of speakers. It was not even asked for, much less given.

That is true.

For fear it might be said that I accused that side of the House of not co-operating, I do not think I did. I said they did co-operate. In case it may be interpreted that I did, I want to make it quite clear that I thanked them for their co-operation.

(Interruptions.)

An Leas-Chathaoirleach

Order, order.

This Bill as I indicated is purely to get the boundaries, particularly in the Dublin and Galway areas, into position so that the elections can be held. The whole reform package is taking shape in those areas and will be there for everybody to see prior to the elections in June. That is important. We are not playing politics with this issue because it is too serious an issue with which to play politics. As I indicated earlier what we want to see is local authorities with more responsibility and more power, not for the sake of power but so that they will undertake the services presently being delivered centrally that should be delivered locally. I gave you a few instances. Another area is tourism. If local authorities took on a role in tourism, particularly in tourist counties, I believe we would be far better served and there would be a much better local input.

Why did you not put it into the Bill?

It is ready but this Bill will allow the elections to be held. That is why there is an urgency to this Bill. I want to assure you that prior to the elections this will be there for you to see. I want to make that quite clear. I hope that when it is finalised we will have time to debate it constructively. If there are suggestions for improvements from the other side of the House I will be delighted to accept them. It is a type of devolution debate that we can look at in a constructive way right across the House and come up with the best results. Basically we want the best proposals possible so that local government will have more powers. People talked about the abolition of rates. We are all responsible for the abolition of rates.

There was nothing wrong with it.

We did not put anything in its place, that was the problem. We did not think it out. From that day most of us who served on local authorities have seen a diminution in the power, indeed in the whole thrust, of local government at local level. What we want is local government to be dynamic, to have a stimulus on the ground and really motivate local activity. If we achieve that we will have achieved a lot. Everybody and particularly the councillors at local level want to see the back-up services which, I hope, we can give them. Again I thank the House for its co-operation and the way everybody helped. I regret that we have not discussed all Stages today but I look forward to coming into the House on Tuesday for Committee Stage. If there are any points that I have not replied to we can take them on board on Tuesday morning.

Question put and agreed to.

An Leas-Chathaoirleach

When is it proposed to take Committee Stage?

I understood from the Leader of the House that it would be taken next Tuesday. Am I wrong in that?

I hesitated to rise because I thought Senator Killilea was not satisfied with the question which had been put.

Committee Stage ordered for Tuesday, 2 April 1985.
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