asked the Minister for Local Government if, in view of the manner in which a casual vacancy on Portlaoise Town Commissioners was filled recently, he has any proposals to amend the Local Elections Regulations, 1965.
Ceisteanna—Questions. Oral Answers. - Portlaoise Town Commissioners.
5.
The filling of casual vacancies in the membership of local authorities is governed by article 87 of the Local Elections Regulations, 1965. I am not aware of any need to amend the regulations in this regard.
In view of the fact that article 87, sub-article 4, was not abided by in a recent co-option to Portlaoise Town Commissioners would the Minister not take specific action because the man was co-opted without having given his prior consent in writing to the local authority before the co-option took place?
The regulations do not give me any function in the matter. However, I understand that steps are being taken locally, where they should be taken, to regularise the matter.
Is the Minister saying that it can only be regularised and the matter put in order by specific legal action on behalf of the only person who had given prior notice of consent to accept but who was refused co-option?
What I am saying is that the local authority have the right to regularise it and if this is not done those aggrieved have recourse to the courts.
Would the Minister indicate in what way the local authority can regularise it in view of the fact that sub-article 3 indicates what should be done when the choice is to be made and when only one person has indicated beforehand, as set out in sub-article 4 of article 87, that she was willing to take the position?
That is a matter for the local authority; it is not a matter for me. I have no function whatever in this matter.
It is a matter for the courts?
Is the Minister satisfied that the regulations have been carried out according to the letter of the law?
It is not my function to decide on this at all; it is a matter entirely for the people who were aggrieved. If they are dissatisfied they have recourse to the courts and that is specifically laid down in the acts and regulations. I do not intend to become involved in something that is not my function.
Is the Minister not concerned that regulations drawn up by a Minister for Local Government are not being applied by a local authority?
I am sure the Deputy will agree that if the law says there is a special and specific way of dealing with matters of this kind it would be foolish for any Minister to claim to be the law as well as the person who draws up the regulations. This House decided how it should be done.
The Minister is tolerating an irregularity.