The making of bye-laws by a local authority is provided for in a number of enactments relating to specific matters. Section 199 of the Local Government Act 2001 provides general powers to the Council to make bye-laws where no specific provision is made by or under any other enactment for that particular purpose. The approval of a draft bye-law, the consideration of submissions in relation to such draft bye-law and the making, amendment or revocation of a bye-law made under the 2001 Act are each functions reserved to the elected members.
Bye-laws made under other enactments, including those under the auspices of other Ministers, must be made in accordance with the provisions of the enactments concerned. However, section 131 and schedule 14 of the 2001 Act provide that the making, amending or revoking of a bye-law by a local authority under any other enactment, where the provisions governing such making, amendment or revocation do not provide that it is a reserved function, is a reserved function.
Bye-laws made under enactments under the auspices of other Ministers are a matter for the Ministers concerned.
The Action Programme for Effective Local Government – Putting People First sets out Government policy in terms of rebalancing power from Managers to elected members. These issues are being addressed in the reform programme in the context of the Local Government Reform Act 201 4 which will strengthen oversight of the executive, particularly by virtue of –
The requirement on the chief executive to submit monthly management reports;
The requirement on the chief executive to report, and if requested review, the actions taken or planned to implement the directions of the council in their reserved functions, and the power to direct the chief executive as to the exercise and performance of the reserved function concerned;
The requirement on the chief executive to report on, and if requested review, his/her exercise of executive functions;
A strengthened Corporate Policy Group ( CPG ) , with the Cathaoirleach and Strategic Policy Committee ( SPC ) Chairs being joined by a representative of each municipal district where not otherwise on the CPG;
The requirement on the chief executive to give advice and respond to requests for information to all working levels of elected members below the full council (municipal district, committees); the requirements apply to the full council only at present;
The requirement to present draft policy proposals to the council, or the relevant SPC as appropriate, in a timely manner;
The requirement on the chief executive to have regard to views of elected members as policy is being developed by them, rather than only when it is fully formed;
Inclusion in the Corporate Plan of all policy positions of the council (which are reserved functions) not otherwise captured by policy statements.
In the light of the foregoing, increased oversight by the elected members of the chief executive of the local authority in regard to, inter alia, the preparation of policies discharged as reserved functions, I have no plans to introduce legislation as suggested in the Question.
