Local Government Act 2001
{{Short description|Legislation restructuring local government in Ireland}}
{{more citations needed|date=January 2014}}
{{Use dmy dates|date=November 2021}}
{{Use Hiberno-English|date=November 2021}}
{{Infobox legislation
| short_title = Local Government Act 2001
| legislature = Oireachtas
| long_title = AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO LOCAL GOVERNMENT AND, IN PARTICULAR, TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING GENERALLY TO LOCAL AUTHORITIES.
| citation = [https://www.irishstatutebook.ie/eli/2001/act/37/enacted/en/html No. 37 of 2001]
| territorial_extent =
| date_signed = 21 July 2001
| date_commenced = [https://www.irishstatutebook.ie/eli/isbc/2001_37.html#commencement Various dates]
| bill =
| bill_citation = [https://www.oireachtas.ie/en/bills/bill/2000/23/ No. 23 of 2000]
| bill_date = 4 May 2000
| introduced_by = Minister for Environment and Local Government (Noel Dempsey)
| summary =
| keywords =
| status =
| amends =
| amended_by = Local Government Reform Act 2014
| date_repealed =
}}
The Local Government Act 2001 (No. 37) was enacted by the Oireachtas on 21 July 2001 to reform local government in Ireland. Most of the provisions of the Act came into operation on 1 January 2002. The act was a restatement and amendment of previous legislation, which was centred on the Local Government (Ireland) Act 1898. The 2001 act remains in force, although significantly amended by the Local Government Reform Act 2014.
According to the explanatory memorandum issued before the passing of the Act, its purposes were to:
- enhance the role of the elected member,
- support community involvement with local authorities in a more participative local democracy,
- modernise local government legislation, and provide the framework for new financial management systems and other procedures to promote efficiency and effectiveness,
- underpin generally the programme of local government renewal.
Local government areas
The Act established local government areas based on those already created by previous legislation. The types of areas listed in the Act are:
Counties: Identical to the administrative counties established by the Local Government (Ireland) Act 1898 and modified by later legislation. The opportunity was taken to rename Tipperary (North Riding) and Tipperary (South Riding) as North Tipperary and South Tipperary respectively.
Cities: These were the county boroughs created by the 1898 Act and later legislation, renamed. All the county boroughs except Galway had previously had the courtesy title of city by charter or letters patent.
Boroughs: The five existing non-county boroughs continued in existence. In addition, it was recognised that Kilkenny could continue to be called a city, in spite of being governed by a borough council and not being a former county borough.
Towns: The remaining town authorities, formerly known as urban districts or towns with town commissioners, were all redesignated as towns.
Local authorities
A council was established for each of the local government areas with the title county council, city council, borough council, or town council (as appropriate).
Membership of councils
One of the most controversial proposals in the bill was the abolition of the dual mandate. This would meant that members of the Oireachtas (Dáil Éireann and Seanad Éireann) could no longer be candidates for local authority elections. This was taken out of the original bill after protests from Fianna Fáil backbenchers who were also councillors.{{cite news |url=http://www.independent.ie/opinion/analysis/no-political-will-to-rock-the-cosy-boat-that-is-the-seanad-502066.html |title=No political will to rock the cosy boat that is the Seanad |last=Murphy |first=John A |date=14 July 2002 |work=Sunday Independent |quote=The councillor lobby which stymied Noel Dempsey's plans to end the dual mandate |access-date=16 April 2010 |location=Dublin |archive-date=23 December 2011 |archive-url=https://web.archive.org/web/20111223122133/http://www.independent.ie/opinion/analysis/no-political-will-to-rock-the-cosy-boat-that-is-the-seanad-502066.html |url-status=live }} It was subsequently inserted into the 2001 Act by a 2003 amendment after a compensation package had been agreed.{{cite Irish legislation|name=Local Government (No. 2) Act 2003|year=2003|number=17|section=2|stitle= Amendment of Principal Act — insertion of new section 13A|date=2 June 2003|access-date=7 March 2021}}{{cite news |url=http://www.independent.ie/national-news/news-in-brief-215369.html |title=Local government needs independent 'fiscal autonomy' |last=Geaney |first=Louise |date=2 June 2003 |work=Irish Independent |quote=The Local Government Bill 2000 proposed to abolish the dual mandate but the Act dropped the idea, only for it to be re-introduced – with a handy €12,800 sweetener – in 2003. |access-date=16 April 2010 |location=Dublin }}
=Directly-elected mayors=
Inspired by the creation in the United Kingdom of the office of Mayor of London in 2000, Chapter 3 of Part 5 of the 2001 act as passed provided for a directly elected chairperson (mayor or {{lang|ga|cathaoirleach}}) of each county and city council. This was to take effect from the 2004 local elections.{{cite web|url=http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/seanad2001071000007#N24|title=Local Government Bill, 2000: Second Stage|last=Wallace|first=Danny|date=10 July 2001|work=Seanad Éireann debates|publisher=Oireachtas|pages=Vol.167 No.14 p.7 c.1339|no-pp=y|quote=From 2004, the cathaoirleach of counties and cities will be elected by direct vote of the people and will hold office for the life of the council.|access-date=12 October 2016|archive-date=13 October 2016|archive-url=https://web.archive.org/web/20161013003100/http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/seanad2001071000007#N24|url-status=live}} However, a 2003 amendment repealed the provision before it was implemented.{{cite web|last=Cullen|first=Martin|url=http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/seanad2003022600007#N11|title=Local Government Bill 2003: Second Stage|date=26 February 2003|work=Seanad Éireann debates|publisher=Oireachtas|pages=Vol.171 No.12 p.7 c.937|no-pp=y|quote=the Bill repeals legislative provisions currently in place which provide for the introduction of direct election of cathaoirligh of county–city councils in 2004. The Bill provides, therefore, that in 2004 the cathaoirleach will be chosen by the newly elected councillors from among their number as in the past.|access-date=12 October 2016|archive-date=13 October 2016|archive-url=https://web.archive.org/web/20161013001252/http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/seanad2003022600007#N11|url-status=live}}{{cite Irish legislation|name=Local Government (No. 2) Act 2003|year=2003|number=17|section=7|stitle=Repeals|date=2 June 2003|access-date=7 March 2021}}{{cite web|url=http://www.broadsheet.ie/2016/07/04/a-dublin-mayor-nightmare/|title=The Dublin Mayor Nightmare|last=Mooney|first=Derek|work=Broadsheet.ie|date=4 July 2016 |publisher=John Ryan|access-date=12 October 2016|archive-date=13 October 2016|archive-url=https://web.archive.org/web/20161013071550/http://www.broadsheet.ie/2016/07/04/a-dublin-mayor-nightmare/|url-status=live}}
Local Government Commission
Part 11 of the Act mandated the establishment of a permanent Local Government Commission to propose changes to local authority areas, local electoral areas, or local authority powers. This part never came into force and was repealed by the 2014 act.{{cite web|url=http://www.irishstatutebook.ie/eli/isbc/2001_37.html|title=Local Government Act 2001: Amendments, Commencement, SIs made under the Act|date=20 September 2016|work=Irish Statute Book|access-date=13 October 2016|archive-date=5 July 2017|archive-url=https://web.archive.org/web/20170705225212/http://www.irishstatutebook.ie/eli/isbc/2001_37.html|url-status=live}} The previous practice of ad hoc committees for boundary reviews continued after 2001 and was formalised by the 2014 act.
References
=Sources=
- {{cite Irish bill|year=2000|number=23|name=Local Government|access-date=7 March 2021}}
- {{cite Irish legislation|year=2001|number=37|name=Local Government Act 2001|date=21 July 2001|access-date=7 March 2021}}
- {{cite web |url=http://www.lawreform.ie/_fileupload/RevisedActs/WithAnnotations/EN_ACT_2001_0037.PDF|publisher=Law Reform Commission |title=Local Government Act 2001 (as amended to 1 January 2016) |work=Revised Acts with Annotations |date=2016 |access-date=11 October 2016 }}
=Citations=
{{reflist}}
{{Local government in the Republic of Ireland|state=collapsed}}
Category:Acts of the Oireachtas of the 2000s