Dáil Éireann Debate, Thursday - 8 February 2024
228. Deputy Fergus O'Dowd asked the Minister for Housing, Local Government and Heritage if he will comment on concerns raised in correspondence (details supplied); and if he will make a statement on the matter. [6022/24]
View answerConstitutional recognition of local government provides the basis for a separate local government system, distinct from national government. Local authorities are independent statutory bodies with their own democratically elected councils and management structures. Subject to law, a local authority is independent in the performance of its functions.
The elected council is the primary oversight body of a local authority, served by a chief executive who is required to support the elected council in the performance of its functions. Elected councils have extensive powers to request information, issue directions, and oversee the work of the chief executive. The chief executive is accountable to the elected council in the delivery of his or her executive functions. Ultimately, the council is responsible for appointing the chief executive and may suspend or instigate their removal from their position by resolution.
Under the Local Government Act 2001 (as amended), the organisation of and proceedings at council meetings are functions reserved for decision by the elected council.
The role of the Minister is primarily to ensure a framework of policy and legislation in relation to the local government system, including its structures, human resources, financing and broad oversight as set out in the provisions of the Local Government Act 2001, the Minister does not have a role in relation to individual decisions made by local authorities, except in a limited number of circumstances where there may be specific statutory provision for Ministerial approval within the Department’s own particular areas of responsibility (i.e. housing, planning and heritage).
In relation to allegations of breaches of the Local Government Act, any allegations of a criminal nature should be brought to the attention of An Garda Síochána for investigation, as appropriate. Allegations of breaches of ethics rules by a member or employee of a local authority should be dealt with in accordance with the Ethics Framework for Local Government as set down in Part 15 of the Local Government Act 2001 (as amended). The 2001 Act confirms the oversight role of the Standards in Public Office Commission (SIPO), which has investigatory and reporting functions as to both breaches of the Local Government and Ethics Acts at local authority level. There is no statutory role for the Minister in such matters.
