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Local Authority Functions

Dáil Éireann Debate, Wednesday - 12 February 2014

Wednesday, 12 February 2014

Questions (122)

Derek Nolan

Question:

122. Deputy Derek Nolan asked the Minister for the Environment, Community and Local Government the powers he has at his disposal to direct a local authority in respect of taking an estate in charge; and if he will make a statement on the matter. [6973/14]

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Written answers

The taking in charge of an estate, which is provided for under section 180 of the Planning and Development Act 2000, is a matter for the local authority concerned and I have no power to direct them in this regard.

Local authorities are separate, independent statutory bodies whose members are directly elected and therefore accountable to the electorate. Section 63(3) of the Local Government Act, 2001 provides that subject to law, a local authority is independent in the performance of its functions. My role in relation to local authorities is primarily to provide the policy, financial and legislative framework within which they perform their functions. Accordingly while they operate within a framework of legislation and policy guidance, local authorities are not, as a general rule, subject to direction by the Minister for the Environment, Community and Local Government in specific matters.

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