We are dealing here with the making of a law. I contend that the local authority in respect of the law that it is proposed to pass here will have no authority in the world except in so far as they can control it by the striking of the rate, and that their position is not so much that they can willingly acquiesce in accepting putting this Act into force but that the Minister can tell them some day or another to put it into force and, if they say that they will not strike a rate for it, the Minister can instruct the county manager to strike the rate and to collect the rate.
We are concerned with what are reserved functions. In view of the gloss that the Minister has put on the powers of local authorities here in his comment on Deputy Larkin's amendment, I find it necessary to draw the attention of the House to the position with regard to local authorities and their reserved functions. It is imperative that in discussing what we are discussing here we would advert to that because, when we are discussing the position of the county manager and his powers and the powers that the elected local authorities will have, we cannot know where we stand unless we refer to the County Management Act, 1940, and Section 16 and the Second Schedule to that Act, where reserved functions are defined. The elected representatives have no power of a statutory kind except in so far as there are reserved functions defined here and they will have no power with regard to this Bill unless there is enshrined in this Bill a statutory provision that certain aspects of the Bill are reserved functions. In order to help the House generally to be clear as to the position, I shall read out Section 16 of the County ManagementAct, 1940, and the Second Schedule thereto.
Section 16 of the County Management Act (12) of 1940 deals with the reserved functions. It says:—
"(1) Neither the council of a county nor any elective body shall directly exercise or perform any power, (other than a power which is vested by law (including this Act) in such council or body and is by this Act expressly made exercisable by resolution of such council or body), function, or duty of such council or body, in relation to the officers or servants of such council or body, or the control, supervision, service, remuneration, privileges, or superannuation of such officers or servants or any of them.
(2) Subject to the provisions of the next preceding sub-section of this section, every council of a county and every elective body shall directly exercise and perform the powers, functions, and duties (if any) of such council or body in relation to each of the several matters mentioned in the Second Schedule to this Act.
(3) Save as is otherwise provided by this section, the Minister whenever he so thinks proper, may by Order, direct that the powers functions, and duties of every or of any particular council of a county, or of every elective body of a specified class, or of any particular elective body in relation to any matter specified in such Order (not being a matter mentioned in the Second Schedule to this Act) shall be exercised and performed directly by such council or such body, as the case may be.
(4) The Minister, whenever he so thinks proper, may revoke or amend any Order made by him under the next preceding sub-section of this section or any Order (made under this sub-section) amending any such Order.
(5) Whenever and so long as an Order made by the Minister under this section is in force, the powers, functions, and duties specified in such Order shall be exerciseddirectly by the council or councils, or the elective body or bodies in respect of which such Order is made.
(6) No Order made by the Minister under this section shall extend or apply to any power, function, or duty to which the first sub-section applies.
(7) Every appointment by the council of a county of a rate collector for a rate collection district lawfully established in such county shall be made by such council directly by resolution, but no such appointment shall have effect unless or until approved of by the Minister.
(8) Every power, function, or duty of the council of a county, or of an elective body, which is required by this section to be exercised directly by such council or body shall, for the purposes of this Act, be a reserved function of such council or body, and the expression "reserved function" shall in this Act be construed and have effect accordingly."
The Second Schedule to the Act describes the matters in respect of which the powers, functions and duties are reserved functions:—
"1. The making of a rate.
2. The borrowing of money.
3. The demanding under any enactment of the whole or part of the expenses of the council of a county or of an elective body from any other local authority.
4. The making, amending, or revoking a by-law.
5. The making or revoking an Order or the passing or rescinding a resolution by virtue of which an enactment is brought into operation in or is made to apply to the functional area or a part of the functional area of the council of a county or of an elective body.
6. The application to be made to any authority in respect of the making or revoking of any such Order as is mentioned in the next preceding paragraph of this Schedule.
7. The powers conferred by the Borough Funds (Ireland) Act, 1888, or by that Act as extended by any subsequent enactment, in relation to promoting or opposing legislation or in relation to the prosecution or defence of any such legal proceedings as are mentioned in Section 3 of the said Act and the application of public funds or rates for any of those purposes.
8. The making under Section 9 of the Local Government (Ireland) Act, 1898, of regulations in respect of the admission, detention, or discharge of patients to, in, or from a mental hospital or in respect of the conditions as to payment or accommodation under which private patients may be admitted to or detained in a mental hospital.
9. The following matters under the Town and Regional Planning Act, 1934 (No. 22 of 1934), that is to say:—
(a) the passing of a resolution under Section 18 of the said Act for the constitution of a planning region;
(b) the making of an application for an Order under Section 21 of the said Act extending a planning district;
(c) the consideration and the making of a decision under Section 26 of the said Act to make a planning scheme;
(d) the making and submission of a planning scheme under Section 29 of the said Act."