Local Government Act 2001

Corporate policy group.

133

133.F189[(1) The elected council of each local authority shall form a committee, to be known as the corporate policy group and in this section referred to as the "policy group", consisting of

(a) the Cathaoirleach of the local authority who shall chair the policy group,

(b) the chairpersons of the strategic policy committees of the local authority, and

(c) where for any period of time, a policy group does not contain a member from a municipal district to whom paragraph (a) or (b) relates, a municipal district member for each municipal district concerned

(i) selected by the municipal district members for such district, or

(ii) failing such selection, the Cathaoirleach of the municipal district concerned or such other member as the Cathaoirleach may select.]

(2)(a) The policy group may advise and assist the elected council in the formulation, development, monitoring and review of policy for the local authority and for that purpose propose arrangements for the consideration of policy matters and the organisation of related business by the elected council.

(b) The policy group may make proposals for the allocation of business as between strategic policy committees and for the general co-ordination of such business.

F190[(ba) Without prejudice to paragraph (a) and with respect to the policies of and functions performed by the local authority, the policy group may promote co-ordination, consistency, effectiveness and avoidance of duplication in the performance of functions of the local authority by municipal district members.]

(c) Nothing in this subsection prevents the submission of a report by a strategic policy committee directly to the elected council.

(3) The F191[chief executive] shall prepare the corporate plan for the local authority in consultation with the policy group in accordance with section 134.

(4)(a) The F191[chief executive] shall consult the policy group in the preparation of the local authority’s draft budget and the policy group may for that purpose avail of the assistance of not more than 3 additional persons, who are not members of the authority.

(b) The additional persons referred to in paragraph (a) shall be persons who in the opinion of the policy group have financial, organisational or other knowledge or experience likely to be of special relevance to the policy group’s consideration of the authority’s draft budget.

(5)(a) The policy group may request the F191[chief executive] to provide a report to the policy group on any matter or thing related to a function of the local authority and specified by the policy group and, subject to paragraph (b), the F191[chief executive] shall provide such report.

(b) A F191[chief executive] shall provide such a report in so far as compliance with such request would not—

(i) duplicate a similar request by the elected council or a direction under section 138(2), or

(ii) be contrary to law.

(6)(a) Where the policy group requests a report under subsection (5), the Cathaoirleach may at the time of such request by direction in writing signed and dated by him or her and given to the F191[chief executive] require the F191[chief executive] to refrain from doing any particular act, matter or thing related to the subject matter of the report and specifically mentioned in the direction and which the local authority or F191[chief executive] concerned can lawfully refrain from doing.

(b) Subject to paragraph (c), a direction under paragraph (a) shall continue to have effect, unless withdrawn, until the next meeting of the local authority and may be extended by resolution at that meeting and where not so extended ceases to have effect.

(c) A direction under paragraph (a) (whether extended under paragraph (b) or not) shall not in any case have effect for longer than 3 months and shall cease to have effect on the expiration of 3 months after the date on which it is given, unless it is earlier withdrawn or has ceased to have effect under paragraph (b).

(d) Where a direction ceases to have effect a similar direction or a direction of substantially like effect in relation to the act, matter or thing in question may not be given.

(e) The F191[chief executive] shall comply with a direction duly and lawfully given under this subsection.

(7) Nothing in this section shall prejudice a local authority in carrying out at any time any function which a local authority or F191[chief executive] is required by or under statute or by order of a court to carry out and any direction claiming to be given under subsection (6) which contravenes this subsection is invalid.

(8) Nothing in this section prejudices or derogates from the functions conferred on an elected council by this or any other enactment.

(9) Nothing in this section prevents the F191[chief executive] from dealing immediately with any situation which he or she considers is an emergency situation calling for immediate action and section 138(5) applies for the purposes of this subsection.

F192[(10)(a) The Minister may issue policy guidelines to local authorities for the purposes of any provision of this section and such guidelines may include

(i) procedures to be followed in respect of the manner and nature of the involvement of municipal district members with the policy group;

(ii) the format, content and layout of any particular class or classes of policy papers and other documents (including the preparation of preliminary documents) prepared by or presented to the policy group;

(iii) procedures to ensure that sufficient time for input by the policy group into policy papers is provided prior to completion and subsequent presentation to the local authority concerned.

(b) Guidelines issued under this section may relate generally to all local authorities or to a particular class or classes of local authorities and shall, in so far as the guidelines relate to them, be complied with by every local authority, chief executive, policy group and the municipal district members.]

Annotations

Amendments:

F189

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 48(a), S.I. No. 214 of 2014.

F190

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 48(b), S.I. No. 214 of 2014.

F191

Substituted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 5(1) and sch. 1 part 1 refs. 80-87, S.I. No. 214 of 2014.

F192

Inserted (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 48(c), S.I. No. 214 of 2014.