asked the Minister for Local Government if he has any immediate plans to introduce new legislation, or to amend existing legislation, to curtail the sweeping powers of city and county managers and generally democratise and reorganise local government so that the elected representatives and the public generally, will have a more effective function.
Ceisteanna—Questions. Oral Answers. - Local Government Reorganisation.
34.
I do not accept the suggestion in the Deputy's question that city and county managers have sweeping powers or the implication that the present system of local government is undemocratic.
Overall control of the affairs of each local authority is vested in a council elected by the local government electors of the area. Day-to-day administration is vested in the hands of a manager. In carrying out his duties, however, the manager operates under the general supervision of the council and is expected to have regard to their wishes. The Management Acts enable the members, subject to certain limited reservations, to direct the manager as to how any of his functions is to be exercised in any particular case. The members may also obtain prior information about the way in which a manager proposes to perform any specified function and the manager must always inform them before undertaking any new works. Decisions involving financial policy and all other major issues are matters for the elected members; these include making rates, borrowing money, making a development plan and so on. I am satisfied that the system enables elected members to maintain effective control over the administration and direction of local government in their areas.
I should emphaise that the whole system of local government, including the operation of the Management Acts, is constanly under review in my Department with a view to the formulation of proposals for any changes which may be found desirable in the light of experience. The original Management Acts have already been amended on a number of occasions to remedy deficiencies which had come to light and to incorporate new provisions to enable the system to operate more smoothly and effectively. Accordingly, I do not consider that the introduction of legislation to make radical alterations in the system on the lines suggested by the Deputy is warranted. Indeed, I might point out that experience of the system has clearly established that active and effective councillors can make it work efficiently and democratically, as was intended by the framers of the original legislation.
Surely the Minister is aware that despite the activity of councillors it remains for the manager to exercise his functions which very often he refers to as being managerial functions which can override and overrule decisions made by the councillors? Surely that is not in keeping with present-day thinking particularly when we call ourselves a democracy? Surely it is not democratic when you find that one man can veto the wishes of the councillors?
We cannot have a debate on this question.
The Minister took a long time to answer me. Surely I am entitled to comment on what he said?
The Deputy is not so entitled.
It is only in a very limited number of cases that is so. Otherwise, the elected members can direct the manager as to how his functions should be exercised.
Does this power to direct the manager cover all activities of the local authority?
No. I said it does not. It is subject to certain limited reservations.
What are the reservations?
He does not know.
I was not asked that.
The Minister does not know.
Surely the Minister has been in the Custom House for a few years now and one would expect that something might have percolated through——
If councillors would take an interest in their functions as councillors rather than in activities that are more appropriate to this House, then they would be able to work effectively as local councillors.
(Interruptions.)
Question No. 35.