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Select Committee on Finance and General Affairs debate -
Tuesday, 30 Nov 1993

Local Government (Dublin) Bill, 1993: Committee Stage.

This Bill provides for the abolition of Dublin County Council, Dún Laoghaire Borough Corporation and Dean's Grange Joint Burial Board and their replacement by three new county councils — Fingal, South Dublin and Dún Laoghaire-Rathdown. The three new county councils will be the first to be established since the existing county councils were established by legislation enacted in 1898.

In recent years legislation affecting local government in Dublin has come before the Oireachtas on a number of occasions. The Local Government (Reorganisation) Act, 1985, divided the county of Dublin into electoral counties for the purpose of the local elections of that year. These areas are essentially the same as those for which the new county councils are now being established by this Bill.

The Local Government Act, 1991, continued the process by requiring Dublin County Council to establish an area committee for each electoral county and to delegate functions to them. Since then, preparations for the transition to three counties have been going ahead and the Bill gives statutory effect to these, covering matters such as assignment of staff to the new authorities, division of assets, liabilities, service arrangements, etc. It also includes various consequential provisions arising from the abolition of Dublin County Council, Dún Laoghaire Corporation and the Dean's Grange Joint Burial Board, for example, the continuance of legal proceedings, by-laws, etc. In addition, there are other special provisions to promote necessary co-ordination between Dublin Corporation and the three new county councils. Under the Bill, the members of the area committees will become the first members of the new county councils. The area managers appointed for those committees will become the first county managers for the new councils.

This Bill contains many technical provisions. It has 39 sections and is divided into five parts. Furthermore, there are three Schedules to the Bill with an additional 40 articles and a lengthy list of repeals. Short explanations of these are given in the explanatory memorandum. In summary, much of the detailed content of the Bill derives from two principal factors, the dissolution of the existing local authorities and their replacement by three new ones and the impact of the new arrangements on various other nonlocal government codes of law. The aim is to establish the new county councils so that they can commence operation on 1 January.

Prior to consideration of the Committee Stage of the Bill, it should be noted that, in addition to the Minister for the Environment, amendments have been tabled by Deputies Currie, Doyle, Gilmore, Keogh and Sargent. The text of the amendments can be found in the list of amendments which was circulated this morning. We will now commence Committee Stage. As Members are probably aware, an order of the House was made today that we report back to the Dáil not later than Thursday morning. We will, therefore, have to conclude Committee Stage by tomorrow evening.

Will tomorrow evening's session be a late one?

It is up to the Members but if we are reasonably fair to each other we can be finished before the House votes tomorrow evening on Private Members' Business.

Will there be any vote?

Are you effectively saying the Bill will be guillotined if we are not finished?

I am not saying that.

I questioned this earlier because I was extremely anxious that we have every opportunity to discuss every aspect of this important legislation. I understand the constraints imposed by the Whips. They decided, by agreement, that we would finish before Thursday morning. We must bear in mind the Bill has to go through all Stages in the Seanad and the new councils are to come into being on 1 January next. Therefore, it was a necessary decision. We should be prepared to sit late tomorrow evening if necessary.

On a point of clarification, did the Minister say that the Bill had to go through all Stages by Thursday morning?

No, but when we are finished it will have to go through all Stages in the Seanad. Time is running out.

Assuming we can get our business done tomorrow, when is Report Stage envisaged?

I would like to have an opportunity to respond on Report Stage to particular types of amendment which might arise. I think we will need several days which would take us into the early part of next week. Would the Deputy agree?

However, we are anxious to get the Bill to the Seanad if we can get agreement, but that would be a matter for the Whips.

I would like an assurance from the Minister that there will not be an attempt to guillotine the debate. There are 56 amendments, some are related and some are probably out of order. It should be possible, in practice, to have this Stage completed by tomorrow evening. However, if not, the time should be extended or we could go back to the House to look for a short extension on the deadline by which it has to be reported. It would be a pity not to give a proper airing to all the amendments, and I would like the Minister's assurance that there will not be an attempt to guillotine the debate. I am sure with co-operation we can——

If we have co-operation there will be no need to guillotine this debate. We should be able to finish tomorrow night without any major problems.

Is the Minister available to stay with us as long as is necessary tomorrow evening? That is a nice invitation.

It is fairly pertinent question, I have some problem with that. However, I understand that I will be able to get a flight for an important Council meeting if the debate has to go on into the early hours of the morning.

The Minister will be away on Thursday morning?

I am making myself available as long as it necessary to complete the business here. I have to get to a Council meeting on Thursday morning but I can fly there in the early hours of the morning.

Thank you.

Sections 1 and 2 agreed to.
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