explanatory memo: local government (mayor and regional authority of dublin) bill 2010

8/8/2019 EXPLANATORY MEMO: Local Government (Mayor and Regional Authority of Dublin) Bill 2010

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AN BILLE RIALTAIS ITIIL (MARA AGUS DARSRIGINACH BHAILE THA CLIATH) 2010

LOCAL GOVERNMENT (MAYOR AND REGIONALAUTHORITY OF DUBLIN) BILL 2010

EXPLANATORY MEMORANDUM

BackgroundThis Local Government Bill 2010 provides for the introduction of

a directly elected Mayor of Dublin supported by a new, strengthenedRegional Authority of Dublin.

The 2007 Programme for Government gave a commitment tointroduce a directly elected Mayor for Dublin with executivefunctions by 2011. The Green Paper on Local Government,published in April 2008, suggested that the needs of Dublin wouldbest be met with a directly elected Mayor covering the four Dublinlocal authority areas, i.e. the Dublin Region, and having a strategicrole in areas such as regional planning, water services, wastemanagement and housing.

OverviewThe immediate goals of the Bill are to give effect to Government

Programme commitments by:

Providing for the holding of elections and the introduction of adirectly elected Dublin Mayor and associated institutions;

Defining the functions and responsibilities of the Mayor andAuthority, to provide leadership in the strategic areas of land-use planning, transport, waste management and water services,in such a way as to work through, and with, existing localgovernment structures; and,

Providing for the governance and administration of theAuthority.

The ultimate objective of the Bill is to provide for a Mayor of theDublin Region who will lead the development of Dublin in becominga city region which:

Has a healthy local democracy;

Is an attractive place to live with compact urban developmentand sustainable communities set within a high quality, well-protected environment providing the accommodation, transport,

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water services and waste infrastructure necessary to meet thecitys current and future needs; and,

Is dynamic and competitive on an international scale.

PART 1Preliminary and General

Sections 1 to 4 contain standard provisions of a general naturedealing with citations, interpretations, commencement and expensesof the Minister for the Environment, Heritage and LocalGovernment (the Minister).

Section 2 defines the term regional plan to encompass regionalplanning guidelines, waste management plans and water servicesstrategic plans.

Section 3 defines the Dublin Region as the local government areasof Dublin City Council, and Dn Laoghaire-Rathdown, Fingal andSouth Dublin County Councils.

PART 2Mayor of Dublin and Regional Authority of Dublin

Part 2 provides for the introduction of the Mayor and the

establishment of the Regional Authority of Dublin.

Chapter 1: Mayor of Dublin

Section 5 provides for a directly elected Mayor of the DublinRegion and for the Mayors term of office.

Section 6 provides that the Mayor must prepare a strategystatement within 6 months of election specifying the key objectives,outputs and related strategies of the Mayor. A Mayoral strategystatement is similar to a strategy statement prepared by otherpublic bodies.

Section 7 applies the disqualifications set out in section 13 of the

Local Government Act 2001, as amended, which apply to nominationfor election as Mayor, being elected as Mayor, and holding officeof Mayor. Amongst these are persons holding certain EU positions,Ministers of the Government and Ministers of State, members of the

judiciary, Garda and Defence Forces, civil servants and employeesof a local authority. Members of the Oireachtas and the EuropeanParliament may stand for election as Mayor but may not hold officeas Mayor if elected. Disqualifications in respect of electoral offences,fraud or dishonesty against the Authority are also set out.

Section 8 provides for the resignation of the Mayor.

Section 9 sets out the procedure to be adopted should a vacancyin the office of Mayor arise. If the vacancy occurs at least 12 monthsbefore the Mayors term of office would have expired, a bye-electionis held to fill the vacancy. If the vacancy arises during the 12 monthperiod before the term of office of the Mayor is due to expire, theDeputy Mayor is appointed for the remainder of the mayoral term. Ifthe office of the Deputy Mayor is vacant, a member of the RegionalAuthority is appointed as Mayor.

Section 10 provides for the remuneration of the Mayor and for thepayment of allowances in respect of expenses.


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Section 11 provides for the appointment of a Deputy Mayor by theMayor from among the members of the Regional Authority ofDublin.

Section 12 provides for the resignation of the Deputy Mayor.

Section 13 states that a person ceases to be a member of Dilireann or Seanad ireann, the European Parliament, or a localauthority on the day after he or she is declared elected as Mayor. Alocal authority member appointed as Mayor to fill a mayoral vacancyalso ceases to be a member on appointment.

Chapter 2: Regional Authority of Dublin

Section 14 allows the Minister to appoint a day to be theestablishment day for the Regional Authority of Dublin.

Section 15 establishes the Regional Authority of Dublin (darsRiginach Bhaile tha Cliath), (the Authority), as a corporatebody with perpetual succession, and the powers to sue, and toacquire, hold and dispose of land or other property. The section alsorequires that the Authority provides itself with an official seal.

Section 16 specifies that the Mayor will be the ex officiochairperson of the Authority and the ordinary membership of fifteenmembers will be appointed from among the membership of the fourDublin local authorities. The terms of office of the ordinary membersare set out. The Cathaoirligh of the four Dublin local authorities willbe ex officio members of the Authority for their terms of office. Ifany member of the Authority is elected, or appointed, as Mayor, thatmember shall no longer be an ordinary member of the Authority.

Section 17 sets out the objectives of the Authority. These includethe sustainable development of the Dublin Region, greater efficiencyin the provision of local government services in the Region, greatercoordination and cooperation between public and private sectorbodies, the promotion of the Dublin Region both in and outside ofthe State as a desirable location to live, work and invest, and greatercoordination in the development of the Dublin and Mid-EastRegions.

Section 18 defines the general functions of the Authority. Theseinclude the establishment and oversight of the implementation ofstrategic policy frameworks for the Dublin Region; reviewing theenvironmental, physical, economic, social and cultural environmentin the Dublin Region; and promoting co-operation, joint action and

joint arrangements between the Authority and public and otherbodies.

The Authoritys functions also include promoting enterprise andinnovation in the Dublin Region; evaluating public service provisionin the Dublin Region, including improving service coordination;initiating and participating in research and other studies in relation

to the Authoritys functions; and, requesting information from a localauthority or other public authority in relation to the functions ofthat body.

Section 19 states that Schedule 1, which provides for meetings andproceedings of the Authority, shall have effect in relation to theAuthority.

Section 20 allows that the chief executive of the Authority mayappoint a meetings administrator from among the Authoritys staff

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to ensure that the meetings of the Authority are conducted in anefficient and effective manner. On the Authoritys establishment, thedirector of the dissolved Regional Authority will perform thefunctions of the meetings administrator, pending an appointment bythe chief executive.

Section 21 permits the establishment by the Authority ofcommittees consisting in whole or in part of members of theAuthority, to consider relevant matters, assist and advise theAuthority. Persons appointed to a Committee who are not membersof the Authority must have relevant knowledge, experience orqualifications. Committees will have a minimum of three persons.

Committees are dissolved on the election of a new Mayor.

Section 22 provides for the appointment by the Mayor of a chiefexecutive of the Authority, with the approval of the Minister and theconsent of the Minister for Finance. The Authority will determinethe procedures to be adopted for such appointments and the termsand conditions of the chief executive, including remuneration. TheMinister may designate the first chief executive of the Authorityprior to the establishment of the Authority. Subsequentappointments will be made by the Mayor.

Section 23 sets out the chief executives functions, which are tocarry on, manage and control generally the administration andbusiness of the Authority, and perform such other functions as maybe determined by the Mayor in consultation with the Authority. Inperforming his or her functions, the chief executive is subject to thepolicies of the Mayor. The section also provides for the delegationof the chief executives functions.

Section 24 addresses the staffing of the Authority. The Mayor maypersonally appoint at least five members of staff who have relevantexperience and expertise. Following mayoral appointment of amember of staff, the Mayor must provide a document to theAuthority setting out the appointees relevant expertise andexperience. Such appointments last for the duration of the Mayorsterm of office.

Other staff may be appointed to the Authority and will be paidand employed under such terms and conditions as the Mayor maydetermine with the approval of the Minister and the Minister forFinance. The Mayor, with the consent of the Minister and Ministerfor Finance, and after consultation with the chief executive,determines the grades of staff of the Authority and the numbers ofstaff in each grade.

Section 25 provides that a local authority may designate membersof staff for employment by the Authority with the consent of theMinister and the Mayor, subject to appropriate notification andconsultation mechanisms, and the protection of employmentconditions of staff so transferred.

Section 26 allows that the Authority may engage consultants andadvisers, subject to any conditions specified by the Minister.Consultancy fees will be paid by the Authority. The Authority isrequired to maintain a list of persons who have applied in writing tothe Authority to be considered for engagement, which the Authoritymay consult before engaging a consultant.

Section 27provides for the entering into of an arrangement by theAuthority and a Dublin local authority for the supply of services,including the services of staff, from one to the other, as agreed by


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both parties, to assist the Authority in performing its functions. TheAuthority may also enter into such agreements with other PublicBodies.

Under this section the Mayor may give a direction in writing to aDublin local authority in relation to the preparation, making orreview of a regional plan requiring the local authority to carry outsuch tasks on behalf of the Authority as are, in the opinion of theMayor, necessary, with which the local authority shall comply.

Section 28 requires the Authority to prepare, adopt and submit tothe Mayor an annual report on its activities in the preceding yearand specifies a number of items which the report must address. TheMayor must furnish a copy of the annual report to the Minister, themembers of the Authority and each Dublin local authority.

Section 29 sets out provisions concerning the financial affairs andaccounts of the Authority. The section provides for the preparationand adoption by the Authority of an estimate of receipts andexpenditure by 30 November of each year, a copy of which must besent by the Mayor to the Minister and to each Dublin local authority.

The Dublin local authorities will be required to make payments tothe Authority, commensurate with each local authoritys proportionof the Regions population; the total payment made by the four

Authorities will equal the estimated expenditure of the Authority,less the Authoritys anticipated income.

The Authority is required to annually adopt a statement ofaccounts, in respect of the preceding year, by 31 March, inaccordance with such accounting principles as the Minister, with theconsent of the Minister for Finance, may direct.

The section amends the Local Government Act 2001 to providethat the accounts of the Authority be audited by a localgovernment auditor.

Section 30 provides that the Authority may accept gifts of land,

money or other property, provided that the trust or conditionsattaching to acceptance of a gift are not inconsistent with theAuthoritys functions.

Section 31 allows for the annual payment by the Authority of thereasonable expenses of its members incurred in connection with theperformance of their functions, in accordance with directions of theMinister.

Section 32 requires that the Authority prepare and submit to theMinister a superannuation scheme or schemes in respect of theMayor and other staff in the employment of the Authority, which issubject to the approval of the Minister with the consent of theMinister for Finance. Such schemes must be laid before the Houses

of the Oireachtas following approval, and may be annulled by eitherHouse within 21 days. The section also provides for pensionarrangements in relation to the staff of the Authority transferredunder section 25.

Section 33 prohibits members, advisers or staff of the Authority,or of the Dublin Regional Development Board, from disclosingconfidential information, including information of a commercialnature, and provides that doing so is an offence liable to a fine.

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Section 34 applies the Freedom of Information Act 1997 to theRegional Authority of Dublin, including the right of access torecords.

Section 35 makes it an offence to engage in impropercommunication with the Mayor, members or staff of the Authority,and advisers or consultants to the Authority, i.e. to seek toimproperly influence consideration of any matter to be consideredby the Authority, and provides that doing so is an offence liable toa fine. A person to whom an improper communication is made isrequired to inform the Mayor.

Section 36 provides for a general right of attendance at meetingsof the Authority to the public and media, subject to the standardprovisions which allow Authorities to meet in camera, in certaincircumstances. The Authority may also, by standing orders, regulatethe attendance of the public and media.

PART 3Regional Plans

Part 3 provides for the regional strategic planning functions of theMayor and Authority.

Chapter 1: Regional Planning Guidelines

Sections 37 to 45 set out the new procedures for the making ofregional planning guidelines for the Greater Dublin Area (i.e. theareas of the four Dublin local authorities and the counties of Kildare,Meath and Wicklow). Chapter 1 should be read alongside ChapterIII of the Planning and Development Act 2000, as amended, whichprovides for the making of regional planning guidelines.

The Regional Authority of Dublin and Mid-East RegionalAuthority will jointly make regional planning guidelines for theGreater Dublin Area. Guidelines must be made not later than 6years after the making of previous guidelines, the operation of whichmust be reviewed not less than once in every period of 6 yearsthereafter.

The Mayor will have the power to initiate the preparation ofregional planning guidelines, or will do so at the direction of theMinister. Before drafting regional planning guidelines, the Mayormust consult with the planning authorities within the Greater DublinArea. The Mayor must also give public notice of his or her intent toprepare draft guidelines, and invite submissions. The Mayor mustconsider all submissions and make a report to the RegionalAuthority of Dublin and Mid-East Regional Authority on thesubmissions received.

The Mayor will be required to ensure that draft guidelines areconsistent with the National Transport Authoritys transportstrategy, as will the Regional Authority of Dublin and the Mid-East

Regional Authority in adopting the guidelines; the guidelines mustinclude a statement concerning the measures being taken, orproposed to be taken, to ensure the effective integration of transportand land use planning.

Following consultation with the Cathaoirleach of the Mid-EastRegional Authority, the Mayor must prepare and submit a proposeddraft of the guidelines to the Regional Authority of Dublin and Mid-East Regional Authority, on which the Regional Authorities maymake recommendations. Having considered the recommendations


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and having consulted further with the Cathaoirleach of the Mid-EastRegional Authority, the Mayor may then prepare draft regionalplanning guidelines and must publish a notice stating that draftguidelines have been prepared.

Before the making of the guidelines, the Mayor shall prepare areport on any submissions received, and may propose amendmentsto the draft for consideration by the two Regional Authorities.Within 12 weeks of receiving the Mayors report, and havingconsidered the report and the draft guidelines prepared by theMayor and any proposed amendments, the two Regional Authoritiesshall adopt the regional planning guidelines, unless, in the opinion

of the Mayor, they would be inappropriate, e.g. the guidelines areinconsistent with the National Spatial Strategy, or the guidelinesimpose a cost on planning authorities within the Greater DublinArea which would be unreasonably onerous.

In such circumstances, the Mayor must notify the two RegionalAuthorities of his or her concerns and request that amendments bemade by the Regional Authorities. Should the Regional Authoritiesopt not to amend the draft guidelines accordingly, the Mayor, afterconsultation with the Cathaoirleach of the Mid-East RegionalAuthority, may make the guidelines; guidelines so made by theMayor must be those agreed by the Regional Authorities, save forthose elements which are inappropriate. In the event that the Mayormakes the guidelines, the Cathaoirleach of the Mid-East Regional

Authority may, insofar as the guidelines affect the Mid-East Regionand are inconsistent with the National Spatial Strategy, subsequentlyapply to the Minister to request a direction by the Minister thatamendments be made to the guidelines.

The planning authorities of the Greater Dublin Area are requiredto accede to any reasonable request by the Mayor to provideresources or perform any task necessary in relation to thepreparation, making or review of the regional planning guidelines inrespect of the Greater Dublin Area.

Chapter 2: Waste Management Plans

Sections 46 to 51 amend the Waste Management Act 1996 toprovide for the making of waste management plans for the DublinRegion by the Regional Authority of Dublin. Chapter 2 should beread alongside Part II of the Waste Management Act 1996, asamended, which provides for the making of waste managementplans. Under current procedures a waste management plan is carriedout as an executive function by the manager of a local authority; inDublin a joint plan of the four Dublin local authorities is preparedby the four managers.

The Regional Authority of Dublin will be required to review theexisting waste management plan at least every 5 years, and vary orreplace the plan as necessary. It will be a function of the Mayor ofDublin to prepare a draft of the plan for the Dublin Region, or of a

variation or replacement plan, and in doing so the Mayor mustcomply with a policy directive of the Minister. The Mayor is alsorequired to conduct a public consultation procedure, and consultwith the Dublin local authorities and other public bodies.

The Regional Authority of Dublin, having considered the draftplan, or replacement or variation of a plan, prepared by the Mayormay formally make the plan, unless, in the opinion of the Mayor, theplan would be inappropriate, e.g. the plan fails to give effect to thepolluter pays principle, or the plan contains conflicted objectives.

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In such circumstances, the Mayor must notify the RegionalAuthority of Dublin of his or her concerns and request thatamendments to the plan be made by the Authority. Should theRegional Authority opt not to amend the proposed plan accordingly,the Mayor may make the plan. A plan so made by the Mayor mustcontain those parts of the proposed plan, other than those elementswhich, in the Mayors opinion, are inappropriate.

The Dublin local authorities will be required to take the necessarysteps, in relation to its functional area, to attain the objectives of theDublin Region waste management plan.

Chapter 3: Water Services Strategic Plans

Sections 52 to 53 amend the Water Services Act 2007 to providethat the Regional Authority of Dublin will have the power to makea water services strategic plan for the Dublin Region on a proposalfrom the Mayor of Dublin. The Mayor will be required to review theDublin Region water services strategic plan at least every six years,and consequent on that review, the Regional Authority of Dublinshall make a new water services strategic plan.

The Regional Authority of Dublin may not make or replace awater services strategic plan which, in the opinion of the Mayor, isinappropriate, for example if the plan is inconsistent with a

Ministerial policy directive. In such circumstances, the Mayor mustnotify the Regional Authority of Dublin of his or her concerns andrequest that amendments to the plan be made by the Authority.Should the Regional Authority opt not to amend the proposed planaccordingly, the Mayor may make the plan. A plan so made by theMayor must contain those parts of the proposed plan, other thanthose elements which, in the Mayors opinion, are inappropriate.

PART 4Housing and Transport

Chapter 1: Regional Housing

Sections 54 to 55 provide that the four Dublin Region housingauthorities are required, when making a housing services plan, tohave regard to the objectives of the Regional Authority of Dublin,and to furnish the Authority with a copy of the draft housingservices plan.

Chapter 2: Dublin Transport

Sections 56 to 63 set out the role of the Mayor in relation totransport planning for the Dublin Region. Chapter 2 should be readalongside Parts 2 and 3 of the Dublin Transport Authority Act 2008,as amended.

The Regional Authority of Dublin shall be among those bodies

which the National Transport Authority shall consult in relation toa draft transport strategy.

The Mayor will chair a twelve person Greater Dublin AreaTransport Council within the National Transport Authority. Fivemembers of the Council will be nominated by the Minister forTransport. The Cathaoirleach of the Mid-East Regional Authorityshall, ex officio, be a member of the Council. The National TransportAuthority will service the Council.


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The Council will oversee the preparation of a transport strategyfor the Greater Dublin Area. The National Transport Authority willprepare a draft transport strategy in such form and manner as maybe directed by the Council, and will submit a draft of the strategy tothe Council for approval. The transport strategy will be subject toany direction which the Minister for Transport may wish to make,for example, if the Minister considers that the transport strategy failssubstantially to set a long-term strategic planning framework for theintegrated development of transport infrastructure and services inthe Greater Dublin Area the Minister for Transport may give adirection. The transport council will also approve the NationalTransport Authoritys strategic traffic management plan for theGreater Dublin Area.

The Council will monitor the implementation of the transportstrategy, the integrated implementation plan and the strategic trafficmanagement plan in respect of the Greater Dublin Area, and maymake recommendations in relation to implementation to theNational Transport Authority. The Council may also makerecommendations to the National Transport Authority in relation tothe performance by the National Transport Authority of any of itsfunctions in respect of the Greater Dublin Area.

PART 5Additional Functions of Mayor

Section 64 requires that the Regional Authority of Dublin mustkeep itself informed of Government policies which relate to theAuthoritys functions, and have regard to the policies of Governmentin the performance of its functions. The Authority must alsoendeavour to ensure that the Dublin local authorities act in a mannerconsistent with Government policies. The Regional Authority ofDublin is required to take account of the resources available to theDublin local authorities when promoting effective and efficientservice provision within the Dublin Region.

Section 65 provides that the Mayor may give a direction to aDublin local authority requiring that the local authority must act, orrefrain from acting in a particular manner, so as to ensurecompliance by the local authority with a regional plan, i.e. regionalplanning guidelines, a waste management plan or a water servicesstrategic plan. Before doing so, the Mayor must consult with the localauthority in question. The local authority must comply with such adirection. A mayoral direction may not be inconsistent with aMinisterial policy directive or direction.

The Mayor may also give advice, or issue guidelines, to the Dublinlocal authorities in relation to any function or objective of theAuthority, and the local authority must have regard to mayoraladvice or guidelines in the performance of its functions.

Section 66 provides that the Mayor may make such arrangementsas he or she considers necessary for the performance of his or her

functions with regard to the preparation of regional wastemanagement plans and water services strategic plans (sections 40 and41 provide similar provisions in relation to regional planningguidelines). Arrangements include consultation, the establishment ofadvisory committees, and cooperation and engagement with theDublin local authorities and other local authorities. The Dublin localauthorities are required to cooperate with such arrangements.

Section 67 requires the Mayor to attend at least one meeting ofeach of the Dublin local authorities per year, and to provide

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information to the local authority concerning matters affecting theDublin Region, the activities of the Authority, and the Mayorsinitiatives and strategies for the Region. Local authority membersattending such a meeting may question the Mayor in relation to anyof these matters, to which the Mayor will be obliged to respond.

Section 68 states that the Mayor may, having consulted the Dublinlocal authorities, make recommendations in relation to the efficientuse of resources.

The managers of the Dublin local authorities are each required toconsult with the Mayor when preparing a draft budget, at the sametime as consulting with the relevant local authoritys corporate policygroup; the Mayor may make recommendations in relation to thedraft budget to the manager. The manager and the local authorityconcerned are required to have regard to the Mayorsrecommendations in the preparation and adoption of the budget.Should a Dublin local authority choose not to adopt arecommendation made by the Mayor, the local authority will berequired to attach a statement to its budget stating the reasons forits decision.

Section 69 provides that the Mayor may direct two or more Dublinlocal authorities to form a joint committee, and to delegate specifiedlocal authority functions to the committee. The local authorities will

be required to comply with such a direction. The Mayor maydesignate the chairperson and may also appoint members of theRegional Authority of Dublin to a joint committee.

Section 70 provides that the Mayor may direct a Dublin localauthority to enter into an agreement with another Dublin authorityfor the transfer of a function from one authority to the other,following consultation with the local authorities concerned. TheMayor may thereby direct that a particular local authority functionbe performed by one Dublin local authority on behalf of anotherDublin local authority(s). The Mayor may also direct that two ormore Dublin local authorities enter into an agreement for the jointdischarge of a function. A Dublin authority is required to complywith such a direction.

Section 71 states that the Mayor may establish a voluntarycommunity fund for the purposes of providing financial support tocommunity undertakings in the Dublin Region, such as the provisionor improvement of recreational or cultural facilities, or anyprogramme or project that promotes community development or thefull participation in society of the disadvantaged. The Authority mayaccept gifts to be paid into the community fund. Provision is madefor the keeping of accounts and the making of statements of accountsin relation to such community funds. The Authority may also engagein fundraising activities to provide financial support to communityundertakings.

Section 72 provides that, not later than two years after theestablishment day of the Regional Authority of Dublin, the Ministerand the Mayor shall meet to review the objectives and functions ofthe Authority, consider whether the Authoritys functions aresufficient to meet its objectives, consider whether the Act should beamended, examine the needs of the Dublin Region and consider suchother matters as the Minister and Mayor may determine. The Mayorwill be required to submit a report to the Minister prior to such ameeting, and the Minister will be obliged to prepare and publish areport stating his or her views, and any proposals and


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recommendations, not later than 3 months from the date of themeeting.

PART 6Miscellaneous

Part 6 contains a number of provisions intended to ensure thatnational policies and the policies of the Regional Authority areconsistent. Part 6 also provides for the establishment of a RegionalDevelopment Board, chaired by the Mayor.

Section 73 amends section 2 of the Local Government Act 2001 to

include the definition of Dublin local authority as used in theLocal Government (Dublin Mayor and Regional Authority) Bill2010.

Section 74 provides that the Minister may issue guidelines to theRegional Authority of Dublin in respect of regional planningguidelines, waste management plans and water services strategicplans. The Minister may also issue guidelines to the Mid-EastRegional Authority in respect of regional planning guidelines. TheRegional Authorities will be required to have regard to Ministerialguidelines and will attach statements to the relevant regional plansstating how the Authority proposes to give effect to the policies andobjectives set out in the guidelines, or why implementing the policiesand objectives would not be feasible. Guidelines issued by theMinister must be published and laid before the Houses of theOireachtas.

Section 75 provides that a Minister of the Government may,following consultation with the Mayor, issue a policy directive inrelation to the adoption or making of a regional plan by the RegionalAuthority of Dublin or the Mid-East Regional Authority. Such adirective would be issued in instances in which matters of strategicor national importance are involved, to ensure compliance by theRegional Authority concerned with any enactment or by the Statewith European Union law, or, to ensure consistency betweenregional plans.

A policy directive must specify the reasons for issuing thedirective, the objectives of the direction and its cost implications. ARegional Authority must comply with a policy directive.

Prior to issuing a policy directive, the issuing Minister must lay adraft of the directive before each House of the Oireachtas, and thedirective shall not be issued until a resolution approving of the draftis passed by each House.

Section 76 provides that the Minister may, if he or she is satisfiedthat a regional plan contravenes a guideline, policy directive or theLocal Government (Mayor and Regional Authority of Dublin) Act2010, issue a written notification in relation to the regional plan, notlater than 4 weeks after the making of the plan. Such a notification

shall state the Minister intends to give a direction to take specifiedmeasures, state the reasons why, and state that the relevant parts ofthe regional plan shall not have effect. A notification will beaccompanied by a draft direction.

Not later than 2 weeks after receiving notification from theMinister, the Mayor shall publish a notice of the draft directioninviting submissions in respect of the draft direction. The Mayorshall, not later than 6 weeks after receiving notification, prepare andsubmit a report to the Minister in relation to the submissions

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received, and give copies of the report to each member of theRegional Authority or Authorities concerned, setting out the viewsof the Mayor in relation to the submissions, and makingrecommendations in relation to the best manner to proceed.

The Minister, having considered the report, not later than 3 weeksafter receiving the report, may give a direction or decide not to givea direction. If a direction is given it must be laid before each Houseof the Oireachtas. A direction so given will be deemed to be part ofthe regional plan in respect of which it has been given. The RegionalAuthority(s) must comply with such a direction.

Section 77 provides for the establishment of the Dublin RegionalDevelopment Board, which will be chaired by the Mayor. Themembership of the Board will be drawn from senior figures in theDublin Regions local government, elected and officials, in additionto a range of persons appointed by the Mayor representative oforganisations concerned with local enterprise, communitydevelopment, education, business, trade unions, the protection of theenvironment and arts and culture. The Board will be required toprepare a strategy for the economic, social and cultural developmentof the Dublin Region. The four City or County Development Boardsestablished in each of the Dublin local authorities will be dissolved.Committees of the Dublin Regional Development Board may be

established by the Mayor, in consultation with the Dublin localauthorities, to perform such functions of the Board as the Mayormay determine, and which may have a targeted geographical remit.

Sections 78 and 79 provide protection to persons(whistleblowers) reporting an offence, breach of ethics legislationor other wrongdoing in relation to a local authority, and prohibitsemployers from penalising or threatening penalisation against suchemployees, unless that person has acted in bad faith. An employeemay seek redress for a breach of such provisions in respect ofpenalisation, by making a complaint to a Rights Commissioner.

PART 7

Electoral Provisions

Part 7 provides for the electoral process for the election of theMayor.

Chapter 1: Preliminary and General

Section 80 provides for interpretation of Part 7 of the Bill.

Section 81 provides that unless otherwise stated that documentsused at the mayoral election shall be in the same form as documentsused at a Dil election, subject to any necessary modification.

Section 82 states that subject to the disqualifications set out insection 7, a person is eligible for election to office of Mayor if he orshe is a citizen of Ireland, or is ordinarily resident in the State, andis or will be 18 years on or before polling day.

Section 83 states that the Dublin Region Electoral Area is madeup of the local electoral areas in the Dublin Region in force at thetime of the mayoral election.


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Section 84 provides that every local government elector registeredin a local electoral area to vote at local elections, within the DublinRegion Electoral Area, can vote at the mayoral election.

Section 85 provides for the holding of the first mayoral electionand for subsequent elections, other than a bye-election, to be heldon the same day as local elections. It also provides for the day andtimes for the taking of a poll at such elections.

Section 86 specifies that the poll at an election shall be takenaccording to the principle of proportional representation, eachelector having a single transferable vote. It also provides that anelection will not necessarily be invalid because of non-compliancewith the provisions of Part 7 of this Act.

Chapter 2: Returning Officer

Section 87 provides that the returning officer will be the sheriff ofa county or city in the Dublin Region Electoral Area as the Ministermay from time to time appoint.

Section 88 sets out the general duties of the returning officer.These include conducting the election in accordance with this Act,ascertaining and declaring the results of the election and furnishingto the Authority a return of the person elected to be Mayor of

Dublin.

Section 89 provides that the returning officer may appoint one ormore deputy returning officers. A deputy returning officer shall haveall the rights and be subject to all the duties and liabilities of thereturning officer in relation to the functions for which he or she isappointed. The returning officer may at any time revoke theappointment of a deputy returning officer.

Section 90 provides that the expenses of the returning officer shallbe paid by the four Dublin local authorities. The making of anadvance on the returning officers expenses is also provided for.

Section 91 provides that in relation to an election, anyoneconferred, appointed or employed under this Part shall provideinformation and assistance to anyone who requires same for thepurpose of the election.

Chapter 3: Manner of Voting

Section 92 states that a person who is entitled to vote at a mayoralelection must vote in person at the polling station allotted to him orher. The exceptions to this requirement are postal or special voters;a person who because of his or her physical illness or physicaldisability is authorised to vote at a more suitable polling station or aperson working at a polling station that is not their own pollingstation.

Chapter 4: Nominations

Section 93 provides that the returning officer shall give notice ofelection no later than 28 days before the polling day. The publicnotice will give the times for receiving nominations, the requirementon candidates to secure 60 assents or make a deposit, the times andplace where nomination papers may be obtained and submitted andthe day and time for the holding of the poll.

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Section 94 provides that the Registrar of Political Parties will senda copy of the Register of Political Parties to the returning officer onthe day before the latest day for publication of the notice of election.

Section 95 states that a person is not entitled to have his or hername entered on the ballot paper for an election unless he or shehas been duly nominated in accordance with the provisions of Part 7.

Section 96 sets out the nomination process for candidates. Acandidate of a registered political party may have the name andemblem of the political party concerned shown in relation to his orher name on ballot papers and on notices. A non-party candidate

may have Non Party shown in relation to his or her name on ballotpapers and notices.

Where a candidates nomination is not authenticated by acertificate of political affiliation their nomination is to be assentedto by 60 assentors, registered as local government electors, or adeposit of1,800 is to be paid.

Section 97 provides that, unless a non-party candidate has optedto have his or her nomination assented to, the candidate or someoneon his or her behalf may deposit with the returning officer the sumof 1,800. If that sum is not deposited before the expiration of thetime appointed for the receipt of nominations, the candidature of thecandidate will be deemed to have been withdrawn.

Section 98 provides for the return or disposal of a deposit at amayoral election. The deposit will be returned to successfulcandidates, to those receiving votes in excess of a quarter of thequota and in certain other circumstances such as withdrawal ofcandidature or death.

Section 99 sets out the times for receiving nominations at theelection.

Section 100 sets out procedures for the delivery of nominationpapers at a mayoral election. Under this section, the delivery of anomination paper must be made by the candidate in person or,where the candidate is proposed by another person, it may be madeby the candidate or by the proposer in person.

Section 101 provides for the selection of nomination papers at amayoral election in the order in which they are received by thereturning officer. The first valid nomination paper received by thereturning officer nominating a candidate for election will be deemedto be the nomination of that candidate.

Section 102 makes provision for the ruling by the returning officeron the validity of nomination papers at the election. It also sets outwho may attend when the ruling is made, the circumstances whenthe returning officer can object to a candidates name or descriptionon a nomination paper and that these details may be amended to

the returning officers satisfaction or the nomination paper may bedeclared invalid.

Section 103 sets out the procedure in relation to the publication ofnominations at the election.

Section 104 provides for the withdrawal of a candidature at amayoral election, which must be no later than 12 noon on the dayafter the last day for receiving nominations. Withdrawal of acandidature may be effected by a notice in writing signed by the


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candidate and delivered in person by the candidate or the candidate sproposer to the returning officer.

Section 105 provides for giving public notice of the withdrawal ofa candidate.

Section 106 provides, in a situation where proceedings at thenomination of candidates are obstructed by violence that thereturning officer may adjourn the proceedings to a later hour on theday or to the next following day and if the returning officer considersit necessary to further adjourn proceedings until the obstruction hasceased. The polling day may also be altered.

Section 107 provides for an election to be held if two or morecandidates stand nominated. If only one candidate stands nominatedhe or she is deemed elected. It also provides that a fresh election beheld in the event that no candidate is nominated at the first election.

Chapter 5: Agents of Candidates

Section 108 provides that each candidate or his/her mayoralelection agent may appoint one deputy agent for each polling districtin the Dublin Region Electoral Area to assist the candidate in thepolling district and to act as deputy for the candidates mayoralelection agent in the district.

Section 109 provides for matters relating to the appointment ofagents at a mayoral election, including personation agents. It coversthe position of agents appointed to be present at the issue of ballotpapers to postal voters, in polling stations, at the opening of postalballot boxes and at the counting of votes.

Section 110 provides that a returning officer or any personemployed by such officer, may not act as an agent for a candidate atthat election and must not be associated in furthering thecandidature of any candidate or promoting the interests of a politicalparty at the election. The returning officer is also prohibited fromemploying a person who has been associated in furthering thecandidature of a candidate or promoting the interests of a politicalparty at the election.

Chapter 6: Death of a candidate

Section 111 provides for potential situations at various stagesduring an election process where a candidate at an election dies andprovides for responses to the various circumstances which are likelyto arise due to such situations.

Where a candidate dies after he or she is elected, the election isvalid and the person is deemed to have vacated the office. A bye-election will then be held to fill the vacancy.

Chapter 7: Postal voting

Section 112 provides that local government electors in the DublinRegion Electoral Area whose names are on the postal voters list areentitled to vote by post and in no other manner and provides for theissue and return of ballot papers, and the opening of postal ballotboxes.

This section also applies the provisions of articles 30 to 41 of theLocal Elections Regulations 1995. These provisions include thecategories of people who are entitled to vote by post, the form of

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persons employed by the returning officer, authorisation ofphysically ill or physically disabled electors to vote at another pollingstation, procedure for voting, spoilt ballot papers, voting by blind,incapacitated and illiterate electors, alleged personation, arrest ofperson committing personation, maintenance of order in pollingstations, obstruction of the poll, damage to polling stations,destruction of ballot boxes or ballot papers, duties of presidingofficer at close of poll and the right to vote.

Chapter 12: Arrangements for the counting of votes

Section 121 provides for the time and place for the counting ofvotes.

Section 122 requires the returning officer to notify each candidateof the time and place for the counting of votes. It also sets out whomay be present at the count and requires the returning officer toprovide reasonable facilities to agents for overseeing theproceedings.

Section 123 sets out the procedure for the opening of the ballotboxes, the counting of the ballot papers in each box and the mixingof ballot papers before the count.

Section 124 provides for the continuous counting of votes, allowing

for rest and refreshment.

Section 125 provides that the returning officer will have the ballotpapers examined for the purpose of identifying any invalid votes andwill ascertain and record the number of votes for each candidate.

Section 126 provides that candidates or their agents cannot handleballot papers during the count.

Chapter 13: Rules for the Counting of the Votes

Section 127makes provision for interpretation of expressions usedin Chapter 13.

Section 128 specifies what will cause a ballot paper to be deemedinvalid and requires the returning officer to prepare a statementshowing the number of ballot papers rejected.

Section 129 provides for the procedure to be followed at the firstcount at an election.

Section 130 provides the formula for the calculation of the quotai.e. the number of votes sufficient to secure the election of acandidate. It provides that if at the end of any count the number ofvotes credited to a candidate is equal to or greater than the quota,that candidate is deemed to be elected.

Section 131 provides for the exclusion of a candidate where nocandidate has reached the quota or no candidate can be deemedelected.

Section 132 sets out the process for a recount at an election wherea recount is requested by the candidate or his or her mayoralelection agent.

Section 133 provides for the declaration of the result of the poll.

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Section 134 provides for a return to be made following the electionand for the returning officer to give public notice including the nameand description of the candidate elected.

Section 135 sets out that the returning officers decision in relationto the exclusion of any candidate or in relation to any ballot paperor transfer of votes, shall be final. It will be subject only to reversalon a petition questioning the election.

Chapter 14: Retention, inspection and disposal of documents

Section 136 provides for the retention and disposal of documents,including ballot papers and nomination papers, by the returningofficer.

Section 137 provides that no person shall be allowed to inspectballot papers except under an order of a court having jurisdiction todecide petitions questioning the election.

Section 138 provides that documents other than ballot papers shallbe open to public inspection.

Chapter 15: Electoral Offences

Section 139 makes it an offence for a person to apply at a mayoral

election for a ballot paper in any other persons name. A person whoaids or abets the commission of such an offence shall also be guiltyof an offence.

Section 140 makes it an offence to make or receive a bribe inrespect of voting at a mayoral election. A person who aids or abetsthe commission of such an offence shall also be guilty of an offence.

Section 141 makes it an offence for a person to use undue influenceto cause a person to vote in a particular way or refrain from votingat a mayoral election. It will also be an offence to cause a personto withdraw from being a candidate or compel a person to becomea candidate.

Section 142 provides that unless authorised for some purpose bylaw, it shall be an offence for a person to breach the secrecy of theelectoral process.

Section 143 makes it an offence for a person to take, destroy,conceal, open or in any other way tamper with ballot boxes, ballotpapers, nomination papers, certificates of political affiliation orofficial marks at a mayoral election.

Section 144 makes it an offence for a person to behave in adisorderly way at a public meeting relating to a mayoral election. Aperson who aids, abets, etc. the commission of such an offence willalso be guilty of an offence.

Section 145 provides that it is an offence not to show the nameand address of the printer and publisher at the front of allpromotional material for candidates at a mayoral election. This doesnot apply to any documents printed, published or posted by areturning officer.

Section 146 provides that it shall be an offence to nominate orwithdraw the candidature of another person without the consent ofthat person.


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Section 147 provides that it shall be an offence to submit a forgedcertificate of political affiliation to a returning officer.

Section 148 provides that it shall be an offence to make a falsedeclaration on a nomination paper.

Section 149 makes it an offence for a returning officer, deputyreturning officer or anyone employed by the returning officer at amayoral election to act on behalf of or promote any candidate orpolitical party.

Section 150 makes it an offence to cause an obstruction by violenceat the nomination of candidates or at the poll.

Section 151 provides for damages resulting from breach of duty byany person who has mayoral election functions or duties.

Section 152 provides that it shall be an offence to interfere with ordestroy postal ballot papers. It shall also be an offence to aid andabet the commission of such an offence.

Section 153 makes it an offence to interfere with or obstruct anelector on polling day. There are restrictions on the promotion ofcandidates, within 50 metres of the polling station during, and for 30minutes before and after, polling times.

Section 154 provides that it shall be an offence for a personationagent to leave the polling station, during the poll, without the priorpermission of the presiding officer.

Section 155 makes it an offence for a person who is not entitled tobe registered as a voter or is not registered, to vote.

Section 156 provides that a person who contravenes subarticle (8)or (9) of Article 65 of the Local Elections Regulations 1995 shall beguilty of an offence.

Section 157makes it an offence to publish a false statement of the

withdrawal or death of a candidate.

Section 158 makes it an offence for a person to publish amisleading statement as to the process of voting.

Section 159 provides that it shall be an offence for a candidate ortheir agent to handle a ballot paper during the count.

Section 160 provides that the unauthorised inspection of ballotpapers and other documents relating to the poll shall be an offence.

Section 161 sets out the limitation of time for prosecution of anoffence.

Section 162 details the penalties for which a person found guilty ofan offence shall be liable.

Section 163 provides for compensation to be paid where apersonation charge is unjustly made or not prosecuted.

Section 164 provides that the certificate of the returning officershall be prima facie evidence in any civil or criminal proceedings inrelation to an alleged offence at a mayoral election.

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Chapter 16: Spending and Donations at an Election of the Mayorof Dublin

Section 165 inserts a new Part IX, comprising 21 sections, into theElectoral Act 1997 to provide for the limitation of expenditure at amayoral election and for the disclosure of donations.

Section 83 of the 1997 Act provides for the interpretation of termsused in the new Part IX.

Section 84 of the 1997 Act prohibits a candidate or third partyfrom accepting an anonymous donation exceeding 127.

Section 85 of the 1997 Act provides for the furnishing of a mayoralelection donation statement to the Standards in Public OfficeCommission not later than 56 days after polling day. The statementis to include details of donations exceeding 635 and is to befurnished in a form directed by the Commission, accompanied by astatutory declaration.

Section 86 of the 1997 Act places limits on the donation amountsthat can be accepted from the same person by a candidate, mayoralelection agent or third party. The limit is 2,540 in respect ofdonations received by a candidate or mayoral election agent and6,350 for donations received by a third party. This section alsospecifies that a candidate, mayoral election agent or third partycannot accept a donation given by an individual (other than an Irishcitizen) who resides outside Ireland, or, a body corporate orunincorporated body of persons which does not keep an office in theisland of Ireland. These are regarded as prohibited donations.

Section 87 of the 1997 Act provides that a candidate or mayoralelection agent who receives a monetary donation in excess of 127will be required to open a political donations account. It also requiresthat a copy of a statement from the relevant financial institutiondetailing the transactions that have taken place in relation to theaccount be submitted to the Standards in Public Office Commission.

Section 88 of the 1997 Act provides that a third party incurringexpenses for the purposes of promoting the election of a candidateor otherwise affecting the outcome of a mayoral election shallregister with the Standards in Public Office Commission.

Section 89 of the 1997 Act provides for the appointment of amayoral election agent. It also provides for the notification by thereturning officer for the mayoral election to the Standards in PublicOffice Commission, and the public, of the names and details of themayoral election agents who are appointed.

Section 90 of the 1997 Act provides for the making of contracts bythe mayoral election agent, where the value of the contract exceeds635.

Section 91 of the 1997 Act provides for the meaning to be givento the term election expenses in the context of a mayoral election,which is defined with reference to the Schedule to the 1997 Act.

Section 92 of the 1997 Act provides for the setting of the periodin respect of which election expenses are reckoned at a mayoralelection. It provides that following the making of the polling dayorder, the Minister shall specify the election expenditure period,which is to commence between 50 and 60 days prior to polling dayand end on polling day. Provision is also made for the same spending


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period to apply in respect of a local election and a mayoral electionheld on the same day.

Section 93 of the 1997 Act provides that the limit of electionexpenses which may be incurred by or on behalf of a candidate at amayoral election is set at 200,000.

Section 94 of the 1997 Act provides that all claims in respect ofelection expenses must be lodged with the mayoral election agentnot later than 45 days after polling day.

Section 95 of the 1997 Act provides for arrangements to deal withdisputed claims in relation to mayoral election expenses.

Section 96 of the 1997 Act provides that a mayoral election agentand every person that incurs election expenses shall, within 56 daysfollowing polling day, furnish a statement of election expenses to theStandards in Public Office Commission. The statement shall be in aform directed by the Commission and be accompanied by a statutorydeclaration and all relevant vouchers.

Section 97 provides for the reimbursement of election expenses upto the value of33,140 to a successful candidate or a candidate whoexceeds one quarter of the quota.

Section 98 of the 1997 Act provides for statements in relation todonations and election expenses to be laid before both Houses ofthe Oireachtas by the Standards in Public Office Commission.

Section 99 of the 1997 Act sets out the grounds under which anapplication for relief can be made by a mayoral election agent,candidate or other person required to furnish a statement, arisingfrom their non-compliance with the provisions contained within thenew Part IX of the 1997 Act.

Section 100 of the 1997 Act provides that the court dealing withlegal proceedings arising from section 99 of the 1997 Act may requireinformation from a mayoral election agent.

Section 101 of the 1997 Act provides that any expenditureexceeding the 200,000 limit shall be deducted from anyreimbursement due to the candidate.

Section 102 of the 1997 Act makes provision in respect of thesubmission of statements of election expenses, and the application ofspending limits, in the event of a fresh mayoral election arising fromthe death of a candidate.

Section 103 of the 1997 Act provides for offences and penalties toapply in respect of non-compliance with the donations and electionexpenses provisions at a mayoral election.

Chapter 17: Miscellaneous

Section 166 applies to a mayoral election the provisions in Articles121 and 123 of the Local Elections Regulations 1995 which deal withmaintaining the secrecy of the vote and the publication of notices.

Chapter 18: Minor and consequential amendments

Section 167 provides for necessary minor and consequentialamendments to the Electoral Act 1992.

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Section 168 provides for necessary minor and consequentialamendments to the European Parliament Elections Act 1997.

Section 169 provides for necessary minor and consequentialamendments to the Litter Pollution Act 1997 in respect of the displayof posters at a mayoral election.

Section 170 provides for necessary minor and consequentialamendments arising from section 165, which inserts a new Part IXinto the Electoral Act 1997. These amendments expand certainprovisions in the 1997 Act to include a mayoral election and theMayor of Dublin among the categories of election and office that are

subject to the terms of the Electoral Act 1997.

Section 171 provides for a necessary minor and consequentialamendment to the Local Government Act 2001. The amendmentprovides that while a person is the Mayor of Dublin he or she isdisqualified for membership of a local authority.

Section 172 provides for a necessary minor and consequentialamendment to the Electoral (Amendment) Act 2006.

PART 8Dissolution of Dublin Regional Authority

Part 8 provides for the dissolution of the Dublin RegionalAuthority and the transfer of all land, property, rights and liabilities,staffing and services to the Regional Authority of Dublin.

Section 173 provides for dissolution, on the establishment dayprovided for in section 14, of the Dublin Regional Authorityestablished under the Local Government Act 1991.

Section 174 provides that certain functions are transferred fromthe dissolved Dublin Regional Authority to the Regional Authorityof Dublin, and that statutory references to the Dublin RegionalAuthority be construed as references to the Regional Authority ofDublin.

Section 175 provides for the transfer of land and property fromthe dissolved Dublin Regional Authority to the Regional Authorityof Dublin.

Section 176 provides for the transfer of rights and liabilities fromthe dissolved Dublin Regional Authority to the Regional Authorityof Dublin, and for the continuation of leases, licences etc.

Section 177 provides that claims in respect of any loss or injuryarising out of the performance by the Dublin Regional Authority ofits functions prior to its dissolution, shall lie against the Authority.

Section 178 provides that anything commenced and not completedby the dissolved Dublin Regional Authority prior to its dissolution,

shall, insofar as it relates to a function transferred to the RegionalAuthority of Dublin, be carried on or completed by the RegionalAuthority of Dublin.

Section 179 provides that the Regional Authority of Dublin shallprepare final accounts for the dissolved Dublin Regional Authority,which shall be submitted to the Comptroller and Auditor General.The Regional Authority of Dublin shall also prepare a final annualreport for the dissolved Dublin Regional Authority, which shall besubmitted to the Minister.


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Schedule 1Schedule 1 sets out procedural matters in relation to meetings of

the Authority, such as the quorum for a meeting of the Authority,vacancies, the calling of meetings, the recording of the proceedings,standing orders etc.

Schedule 2

Schedule 2 sets out the format and content of the ballot paper ata mayoral election.

Department of the Environment, Heritage and Local Government,October, 2010.

Wt. . 50. 10/10. Cahill. (X56875). Gr. 30-15.

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explanatory memo: local government (mayor and regional authority of dublin) bill 2010

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