Local government legal loophole to be closed

The Government has approved legislation to remove constitutional doubt surrounding the legal standing of a number of bodies set…

The Government has approved legislation to remove constitutional doubt surrounding the legal standing of a number of bodies set up under local government legislation.

Doubt about the status of the bodies set up under a Local Government Services Act dating from 1971 arose in December following concerns voiced by the Attorney General Paul Gallagher SC about a remarkably similar piece of health legislation from 1961 which established health agencies and bodies.

In December, Mr Gallagher recommended that primary legislation was needed to remedy the possible constitutional flaw evident in the health legislation.

Legislation was rushed through the Oireachtas before the Christmas recess to remove any doubt about the constitutonal standing of the health agencies.

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The Attorney General also advised that new legislation would be required to confirm the legal status of the local government bodies. The bodies affected are the Dublin Transportation Office, the Irish Water Safety Council, the Affordable Homes Partnership, the Local Government Computer Services Board, and the Local Government Management Service Boards.

The Bill, which will confirm all the orders made under the 1971 Act and will also include provisions to amend the establishment orders of the regeneration agencies in Limerick, is expected to pass all stages in the Dáil and Seanad by the end of next week.

Harry McGee

Harry McGee

Harry McGee is a Political Correspondent with The Irish Times