Proposals for the direct election of mayors and county council chairmen in cities and counties throughout the State have been agreed by the Government and included in the Local Government Bill, 2000. The Minister for the Environment, Mr Dempsey, is expected to publish the text of the Bill this week as part of an on-going campaign to reform local government.
There are many aspects of the Bill that deserve a welcome. The document runs to over 200 pages and is designed to put into effect reforms that have been talked about for years. Even so, there are unfortunate omissions in the draft legislation. And its tentative nature, both when it comes to transferring power from central to local government and in relation to the functions of the directly-elected mayors and council chairmen, is a considerable disappointment.
The Minister has erred on the side of caution and perhaps that is understandable, given the powerful interests involved. Some time ago, city and county managers made it clear they would oppose moves to curtail their powers. In the same way, most Ministers are reluctant to cede authority to regional and local bodies. They appear to have got their way because while the Bill contains no reference to the powers of the newly-elected mayors and chairmen, the roles and functions of officials are clearly set out.
Perhaps Mr Dempsey hopes there will be a voluntary sharing of power between senior officials and directly-elected mayors. That, certainly, would be a logical development, given the special democratic status of the newly-created positions. There is provision in the Bill for the establishment of bodies for the democratic representation of local communities; the inclusion of non-elected members on strategic committees and the provision of civic leadership in the formulation, development, monitoring and review of policy. The draft legislation also talks about promoting the effective participation of the community in local government. But while these various structures suggest a new form of power-sharing, the intention needs to be made more explicit in law.
The terms of the Bill will take effect after the local government elections in 2004. At that stage, there will be a formal separation of functions between the Oireachtas and local bodies. TDs and Senators will be disqualified from seeking election to councils and corporations. Directly-elected mayors and chairmen will be limited to two terms in office. And the Minister will be given the power to decide on a salary level for councillors and mayors. Few would quibble with those reforms. And there are other positive elements.
As details of corruption at official and council level emerge at the Flood tribunal, the public will be reassured by Mr Dempsey's efforts to address a grave situation. A new code of conduct is proposed for all elected members and the staff of local authorities. They will be required to maintain "proper standards of integrity, conduct and concern for the public interest." And they shall not "seek, exact or accept from any person any fee, reward or other favour for anything done by virtue of his or her employment of office." Thirteen areas of declarable interests are identified, including an interest in development land, directorships, gifts and foreign travel valued above £500. Employment as a political lobbyist or adviser will have to be declared. It all amounts to a much-needed cleanup. But the system would have benefitted from greater devolution and a restructuring of power.