DUBLIN MAYOR BILL 2010 – KEY ISSUES

Head 6            Dublin Mayor and Regional Authority

Provides for the Mayor and Regional Authority of Dublin

  • Replace the Dublin Regional Authority.
  • New Authority will be significantly more powerful than the existing authority (Note: Other regional authorities will continue to exist under the Authority of S.I. 394 of 1993).
  • “The Authority” is described as consisting of the Mayor (who will be directly elected), and the Authority’s members.
  • It provides for the Authority to perform functions in accordance with the Act. However, the provision is set out in a separate subhead to allow for refinement of the provision which provides that functions are exercisable by the Mayor or by the members of the Authority, the default being the Mayor.
  • The Mayor/CEO relationship is reversed from the Cathaoirleach/manager relationship in LG Act to reflect different reporting arrangements under this Act.

Head 12     Removal of Mayor from office

The purpose of this Head is to provide a democratic political process by which the Mayor may be removed from office, for reasons of incapacity, physical or mental impairment, loss of confidence of the Authority, or stated misbehaviour.  At least one-third of members of the Authority may seek removal of Mayor from office – three quarters must vote in favour.

Minister may appoint a 3 person panel to discuss matter and make recommendations back to Minister.

 Head 15    Membership of the Authority

This Head provides for the appointment of the members of the Authority, and provides that the Mayor is also a member of the Authority

The Authority is to consist of 16 members including the Mayor. 

  1. Save in regard to the Mayor, each other member of the Authority shall be appointed by the local authorities.
  2. (a) 5 members shall be appointed by Dublin City Council.
    (b) 2 members shall be appointed by each of the county councils of Dún Laoghaire-Rathdown, Fingal and South Dublin.
    (c) The Lord Mayor or Cathaoirleach of each of the local authorities shall be ex officio members of the Authority for the duration of their term of office as Lord Mayor or Cathaoirleach of their respective local authority.
  3. Save in relation to the Mayor, every member of the Authority shall hold office (unless the member sooner dies, resigns or becomes disqualified or membership terminates) until the day after the next appointment of members of the Authority.

Head 20     Chief Executive Officer

  1. There shall be a chief executive officer of the Authority (“chief executive”).
  2. The chief executive shall carry on and manage, and control generally, the staff, administration and business of the Authority and perform such other functions (if any) as may be determined by the Mayor or Authority in accordance with the provisions of this Act.
  3. The chief executive –
    a.    shall be appointed by the Mayor in accordance with procedures determined by the Authority, and
    b.    may be removed from office at any time for stated reasons by the Mayor, having first consulted with the Authority, with the consent of the Minister.
  4. The chief executive shall hold office for such term and upon and subject to such terms and conditions (including terms and conditions relating to remuneration and allowances for expenses) as may be determined by the Authority with the consent of the Minister given with the approval of the Minister for Finance.
  5. The Minister may appoint a chief executive designate prior to the establishment of the Authority.
  6. Notwithstanding subsection (3)(a), the chief executive designate shall be appointed chief executive on the establishment day of the Authority.
  7. The chief executive shall provide the Authority with such information, including financial information, in relation to the performance of his or her functions as the Authority may from time to time require.

Head 21     Authority Staff

  1. The Mayor may, in addition to the appointment of the chief executive, appoint not more than five members of staff.
  2. Any person so appointed shall have relevant expertise and experience in relation to the role to which they are appointed.
  3. A document, setting out the expertise and experience of a person appointed under subsection (a), shall be laid before the Authority as soon as may be following that person’s appointment.

Head 26     Finance and Accounts

  1. The Mayor shall, as soon as may be after the adoption of an estimate, send a copy of such estimate to the Minister and to each of the Dublin local authorities.
  2. The expenses of the Authority incurred in accordance with the adopted estimate, excluding any amounts recoupable to the Authority shall be refunded to the Authority by the Dublin local authorities in proportion to the populations of their respective functional areas.

Head 27     Expenses

  1. The Authority shall subject to and in accordance with directions given by the Minister, pay to the Mayor or a member of the Authority an annual expenses allowance in respect of expenses reasonably incurred in connection with the performance of his or her functions and duties, save as is otherwise provided for in subsection (2), in respect of each year, or portion of a year, for which such person is a member.
  2. The Authority may, subject to and in accordance with directions given by the Minister, pay a travelling or subsistence expenses allowance—
    (a) to the Mayor or a member of the Authority for travelling or subsistence expenses reasonably incurred in respect of a matter authorised by the Authority other than attendance at a meeting of the Authority or of a committee of the Authority,
    (b) to the Mayor or a member of a committee of the Authority for travelling or subsistence expenses reasonably incurred in respect of their attendance at a meeting of such committee.

Head 35     General Objective of the Authority

In exercising its functions the Authority shall seek to achieve the following objectives: –

(a)   the development of the Dublin Region in a manner which contributes to environmental sustainability, economic progress, social cohesion and the cultural vitality of the region,
(b)   the provision of efficient local government services through co-ordinating and maximising co-operation between the Dublin local authorities in the delivery of their services,
(c)   the promotion of a coherent approach from relevant public and private sector interests, including business, educational, cultural and voluntary interests, in the delivery of services and in the sustainable environmental, economic, social and cultural development of the Region,
(d)   the promotion of the Dublin Region within Ireland and internationally as an attractive location in which to live, work and invest,
(e)   the co-ordination of the development of the Dublin Region with that of the Mid-East Region.

Head 36     Principal Functions

  1. Subject to the following provisions the principal functions of the Authority are to –
    (a)   establish, and oversee the implementation of, the strategic planning and infrastructural framework for the Dublin Region in accordance with the provisions of this Part;
    (b)   review the environmental, physical, economic, social, and cultural status of the region, identify the overall needs and requirements of the region and identify measures to address any needs and requirements;
    (c)   promote co-operation, joint action, joint arrangements or agreements between the Authority, the Dublin local authorities, other local and regional authorities, the National Transport Authority, other public authorities, business, educational, voluntary and cultural interests in the Dublin Region to advance its objectives under Head 35;
    (d)   promote enterprise and innovation in the Dublin Region in co-operation with development agencies, business, educational and other relevant interests in accordance with the provisions of Head 59;
    (e)   keep under review the provision of public services in, or relating to, or affecting, the region and the need for, adequacy of, and possibilities of, improving co-ordination of the provision of such services or any one or more of such services;
    (f)   carry out, arrange to have carried out, promote, assist, facilitate or participate in the carrying out of research, studies, surveys or the collection of information, data, statistics or other such material, in relation to any of its functions;
    (g)   request a local authority or other public authority to provide information in connection with any function of such local authority or public authority and to arrange, for that purpose, for the attendance at a meeting of the Authority, or of a committee of the Authority, of a representative of such local authority or public authority.
  2. The Authority may do all such things as arise out of or are consequential on or are necessary or expedient for the effective performance of their functions or are ancillary thereto.
  3. In the performance of its functions as set out above the Authority shall consult with public authorities and with other regional authorities in so far as is it considers necessary.
  4. The Minister may prescribe any body to be a development agency for the purposes of this Part.

Head 37     Mayor Strategy

  1. Within 6 months of his or her election the Mayor shall prepare a strategy statement, in consultation with such public authorities or other persons as the Mayor considers appropriate, and having regard to any guidelines or directions given by the Minister.
  2. (a) A strategy statement shall comprise the key objectives, outputs and related strategies (including use of resources by the Authority, or other bodies) of the Mayor for his or her term of office.
    (b) A strategy statement shall include an indication of the policies which the Mayor intends to promote in pursuance of the general objectives and principal functions of the Authority under this Act.
    (c) A strategy statement shall have regard to the obligations of the Authority under Head 60.

Head 38     Powers of Mayor

  1. The Dublin local authorities shall ensure that they exercise their functions in a manner consistent with a regional plan.
  2. Where the Mayor considers that it is necessary for the purposes of implementing the objectives of a regional plan, or where he or she considers that a local authority is exercising its functions in a manner inconsistent with such regional plan, he or she may give a direction to a local authority in Dublin requiring it to exercise its functions in a manner which is consistent with such regional plan and the local authority shall comply with such direction.
  3. A direction issued by the Mayor shall not require a local authority to do anything which would result in the local authority incurring a significant cost where it was lawfully exercising a power on the basis of any regional plan which was in place prior to the making, variation, or replacement of any regional plan by the Authority in accordance with this Act.
  4. Before giving a direction under this section, the Mayor shall consult with and consider the views of the local authority concerned.

Head 41     Dublin Local Authorities budgets and contracts

Mayor may provide written advice to local authorities in relation to the efficient use of resources in delivery of local services and setting local rates or other charges and the local authorities shall have regard to that advice.  Manager of local authority shall consult with Mayor in relation to preparation of local authority budgets.  Prior to initiating procurement process estimated to have a value of €50m and which is directly relevant to the principal functions of the Authority, the local authority shall consult with the Mayor and have regard to any views/advice. Mayor shall not disclose information provided by local authorities which is confidential

Head 44     Power to establish a community fund

Mayor may establish a fund to the purpose of supporting communities initiatives (recreational, cultural, heritage facilities) and may accept contributions to such fund by business, community groups, local authorities, etc

Head 46     Regional Planning Guidelines for the Greater Dublin Area

Function of Mayor in consultation with Mid-East RA to prepare draft RPGs for the Greater Dublin Area.  Mayor, acting on behalf of the Authority shall be responsible for a decision to (a) make RPGs (b) review existing RPGs.  Mayor shall consult with Cathaoirleach of Mid-East RA.  The following shall be function of Mayor –

  1. consulting and making arrangements with the planning authorities within the Greater Dublin Area;
  2. the making of requests to a planning authority to provide assistance;
  3. undertaking consultations;
  4. the establishment, selecting the membership and defining the roles of committees; and
  5. consulting. 

Mayor will carry out these functions on behalf of Dublin and Mid-East RAs.

Head 50     Waste management planning vested in the Authority

It is the function of Mayor to propose a waste management plan.  Where agreement is not reached by the Authority to making a plan, Mayor shall make it on behalf of the Authority.

Head 52     Water services planning and other functions vested in the Authority

Water services planning vested in the Authority.  It is the function of Mayor to propose a water services plan.  Where agreement is not reached by the RA to making a plan, Mayor shall make it on behalf of the Authority.

Head 56     Role of Authority in relation to housing services plans

The Authority shall be among bodies to which housing authorities are required to send notices and copies of draft housing services plans.

Head 58     Mayor and Dublin Transport

Mayor will have key role in relation to transportation and traffic management.

Head 59     Dublin Regional Development Board

Dublin Regional Development Board shall be established under the Authority and the Mayor shall chair.  Regional Development Board shall comprise CEO, Cathaoirleach, repress of public authorities, social interests and development agencies, etc.  Development Boards in each local authority will be dissolved.