Amendments Nos. 164 and 165 form a composite proposal and will be discussed together by agreement.
SECTION 35.
I move amendment No. 164:
In page 48, subsection (5), between lines 9 and 10, to insert the following:
"(c) All local authorities shall, within two years after the enactment of this Act, introduce regulations to give effect to the provisions of subsections (1) (a) and (b) should such regulations not be in force.".
I will listen to the Minister's comments on these amendments.
The Deputy will be convinced totally by my arguments because he is as wed to the concept of local democracy and local empowerment as I am. The imposition of a time scale, as envisaged by this amendment, would conflict with subsection (1) which expressly leaves a decision on the necessity for by-laws to the local authority in the first instance. It would be expected that a local authority, having decided to make a by-law, would take the necessary action within a reasonable period thereafter. Failure on the part of a local authority to make a by-law in a situation where the need for by-laws has been established by themselves can be addressed by directions given by the Minister encompassed in subsection (5). If the local discretion is allowed decide on the necessity, the power is there to enforce it. I do not think we should go down the line envisaged by these amendments.
Amendment, by leave, withdrawn.
Amendment No. 165 not moved.
Section 35 agreed to.