Dáil Éireann Debate, Wednesday - 14 February 2024
226. Deputy Ged Nash asked the Minister for Housing, Local Government and Heritage if he will use his powers to appoint an independent person to undertake a review of a matter (details supplied); and if he will make a statement on the matter. [7068/24]
Amharc ar fhreagraThe elected council of a local authority has the primary oversight role in the governance of the local authority, and the role of the chief executive is to carry into effect all lawful directions of the elected council in relation to the exercise of their reserved functions. The chief executive is also fully accountable to the elected council through, for example, the furnishing of information to the council in relation on any business or transaction of the local authority or the provision of monthly management reports in relation to the performance of his or her executive functions.
Under Part 14 of the Local Government Act 2001 (as amended), in particular, a range of significant oversight powers are available to the elected council in relation to the chief executive, should the council resolve to use them. These include Section 146 of the 2001 Act which relates to the suspension and removal of the chief executive.
Part 15 of the Local Government Act 2001 (as amended) sets down the Ethical Framework for the Local Government Service. Section 174 of the 2001 Act sets down the procedure to be followed when there are possible contraventions of the Ethical Framework, a procedure in which there is no statutory role for the Minister.
Given the independence of local authorities as a separate arm of government to national government and the primary oversight role of the elected Council in a local authority, and given that both sufficient powers are available to the elected council and appropriate procedures in place under the Local Government Act 2001 (as amended), the matter in question is more appropriately considered at a local level.
