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Local Authority Staff.

Dáil Éireann Debate, Wednesday - 15 December 2004

Wednesday, 15 December 2004

Questions (297)

Richard Bruton

Question:

307 Mr. R. Bruton asked the Minister for the Environment, Heritage and Local Government the reserve functions of councillors which have been withdrawn from them in recent years; and if he plans to confer new powers to invigorate local democracy. [33648/04]

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Written answers

The information requested, with effect from 1999 and in so far as it relates to my Department, is set out in the table below.

Local elected members have a wide range of reserved functions, details of which are outlined in my Department's booklet, Local Government and the Elected Member, June 2004. A copy of this publication has been placed in the Oireachtas Library. The conferral of further reserved functions on elected members is being kept under review in the context of the development of the various codes of legislation under which local authorities operate and more generally in the ongoing local government modernisation programme.

In relation to my proposals for the development of local government, including the enhancement of the role of elected members, I refer to the replies to Questions Nos. 12 and 37 of 9 December 2004 and Questions Nos. 25, 34, 101 and 216 of 4 November 2004.

TABLE

Act

Section

Action

Waste Management Act 1996

22

Amended by Section 4 of Waste Management (Amendment) Act 2001 which provided that the making of a waste management plan is an executive function.

Protection of the Environment Act 2003

26

Provided that the review, variation or replacement of a waste management plan is also an executive function.

Protection of the Environment Act 2003

52

Provided that the making of a waste charge and the exercise of the power of waiver of any such charge is an executive function.

Certain powers available to elected councils in sections 138 to 140 of the Local Government Act 2001 have been limited in relation to the statutory procedures which govern waste management planning and local authority own development.

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