PART 7

Committees and Joint Committees

48. —(1) A local authority, being a county council or city council, shall establish by resolution committees to be known as strategic policy committees to consider matters connected with the formulation, development, monitoring and review of policy which relate to the functions of the local authority and to advise the authority on those matters.

(2) (a) A strategic policy committee consists partly of persons who are and partly of persons who are not members of the local authority concerned.

(b) The chairperson of a strategic policy committee shall be a member of the local authority concerned.

(3) (a) The establishment of a strategic policy committee shall be undertaken by the local authority in accordance with such guidelines as may be issued by the Minister for that purpose under section 54 (2).

(b) Guidelines referred to in paragraph (a) shall include provision for—

(i) the representation of sectoral interests,

(ii) the term of office of—

(I) members of strategic policy committees, and

(II) chairpersons, which shall not be less than 3 years,

and

(iii) the procedures to apply to ensure fairness and equity in the appointment of chairpersons.

(c) Any guidelines issued by the Minister prior to the commencement of this section and relating to strategic policy committees continue to apply until such time as guidelines are issued under section 54 (2).

(4) Subject to subsection (5), a member of a local authority who is a member of either House of the Oireachtas is disqualified from being elected or from being a chairperson of a strategic policy committee.

(5) Subsection (4) has effect for the purposes of any election of a chairperson of a strategic policy committee held after the commencement of this section.

(6) An annual report of a local authority shall include an outline of the activities of strategic policy committees during the period to which the annual report relates.

49. —(1) A town council may establish by resolution a committee to be known as a municipal policy committee to consider matters connected with the formulation, development, monitoring and review of policy which relate to the functions of the town council and to advise the town council on those matters.

(2) A municipal policy committee consists partly of persons who are and partly of persons who are not members of the town council concerned.

(3) (a) The establishment of a municipal policy committee shall be undertaken by a town council in accordance with such guidelines as may be issued by the Minister for that purpose under section 54 (2).

(b) The chairperson of a municipal policy committee shall be a member of the town council concerned.

(4) Subsections (3) to (6) of section 48 apply to a municipal policy committee as if the references to a strategic policy committee were references to a municipal policy committee.

50. —(1) A local authority which is a county council or city council may establish by resolution a committee in respect of a local electoral area or of 2 or more adjoining such areas or any other area in its administrative area to be known by some appropriate name followed by the words “Area Committee”, or by such other title, as may be designated by the authority.

(2) Where the Cathaoirleach of a town council is not otherwise a member of an area committee within whose area such town is situated he or she shall, by virtue of his or her office, be a member of such area committee.

51. —(1) If a local authority considers it appropriate, it may by resolution establish either or both—

(a) one or more than one committee to consider matters connected with the functions of the authority referred to it by the authority and to assist and advise the authority on those matters, and

(b) one or more than one committee to perform functions of the authority delegated to it under this section but may not delegate generally all of its functions to any committee.

(2) (a) A local authority may, by resolution, delegate with or without restrictions to a committee established under subsection (1)(b) any of its functions that may be performed by resolution other than—

(i) the power to adopt the local authority budget,

(ii) the power to make a development plan, or to make a variation of a development plan, under Part II of the Act of 2000,

(iii) the power to determine an annual rate on valuation or borrow money, or

(iv) any other functions as may be prescribed by regulations made by the Minister.

(b) It is necessary for the passing of a resolution under paragraph (a) that at least one-half of the total number of members of the local authority concerned vote in favour of the resolution.

(3) A local authority may, by resolution, dissolve a committee established by it but the dissolution is without prejudice to anything previously done by the committee.

(4) (a) The members of a committee first appointed shall be appointed by resolution of the local authority by which it was established and subsequent appointments shall be by such resolution or in such other manner as that local authority may provide for by resolution.

(b) A committee consists of such number of persons, not being less than 3, as the local authority by which it was established considers appropriate.

(c) Subject to paragraph (d), a committee may at the discretion of the local authority by which it was established, consist either wholly of persons who are members of that authority or partly of persons who are, and partly of persons who are not, such members.

(d) A person who is not a member of the local authority concerned shall not be appointed to be a member of a committee unless, in the opinion of the authority, he or she is a person having knowledge, qualifications or experience relevant to the functions of the committee.

(5) Notwithstanding the repeal or revocation under section 5 of an enactment by or under which a committee of a local authority stood established immediately before such repeal or revocation the committee shall continue to stand established after such repeal or revocation as if it was established under this section and this Part applies and has effect accordingly in relation to it.

(6) Unless dissolved in accordance with subsection (3) a committee shall be deemed to be dissolved on the ordinary day of retirement of members of the local authority concerned in accordance with section 17 .

(7) A reference to a committee in this section includes a committee established under section 50 .

(8) Nothing in this section prejudices the establishment and continued operation of a local consultative committee.

52. —(1) In this section “local authority” includes such other bodies (if any) as may be prescribed by regulations made by the Minister.

(2) If 2 or more local authorities consider it appropriate to do so, they may, by resolution of each of the authorities, jointly establish either or both—

(a) a joint committee of those authorities to consider matters connected with the functions of the authorities specified in the resolution and to advise the authorities on those matters, and

(b) a joint committee of those authorities to perform functions of those authorities delegated to it by them under subsection (6).

(3) A local authority may join in the establishment of more than one joint committee.

(4) More than one joint committee may be established by the same local authorities.

(5) Where resolutions under subsection (2)(b) relating to a joint committee, with the consent of the Minister, so provide—

(a) the joint committee shall be a body corporate with perpetual succession and be known by such name as may be specified in the resolutions or determined by the joint committee,

(b) the joint committee may sue and be sued in its corporate name,

(c) the joint committee has power to acquire, hold, manage, maintain and dispose of land or an interest in land,

(d) the joint committee shall have a common seal which shall be authenticated by the signature of the chairperson, or of an employee nominated in writing for that purpose by the manager, following consultation with the chairperson,

(e) judicial notice shall be taken of the seal of the joint committee and every document claiming to be an instrument made by it and to be sealed with its seal, claiming to be authenticated in accordance with paragraph (d), shall be received in evidence and be deemed to be that instrument without further proof unless the contrary is shown.

(6) (a) Subject to this subsection a local authority by resolution, and with the consent of the other authorities concerned, may delegate with or without restrictions to a joint committee established under subsection (2)(b) any of its functions that may be performed by resolution.

(b) Paragraph (a) does not apply to the functions of a local authority to adopt the local authority budget or to determine an annual rate on valuation or any other functions as may be prescribed by regulations made by the Minister.

(c) It is necessary for the passing of a resolution under paragraph (a) that at least one-half of the total number of members of the local authority concerned vote in favour of the resolution.

(7) The Minister may direct a local authority—

(a) to establish a joint committee under subsection (2) with one or more other local authorities as may be specified in the direction, and

(b) where appropriate, subject to such (if any) conditions or restrictions as may be specified in the direction, to delegate to the joint committee such of the functions of the local authority as may be specified in the direction,

upon and subject to such terms and conditions as may be specified in the direction.

(8) A joint committee may be dissolved by resolution of any one of the local authorities by which it was established with, in the case of a joint committee established by virtue of a direction under subsection (7), or to which subsection (5) applies, the consent of the Minister, but the dissolution is without prejudice to anything previously done by the committee.

(9) Where a joint committee is established under subsection (2)(b) such executive functions as may be appropriate to the functions delegated under that subsection shall vest in the manager for that joint committee.

(10) (a) The members of a joint committee shall be appointed by the local authorities by which it was established by each authority appointing such number of persons to be members of the joint committee as may be agreed upon by those authorities.

(b) A joint committee consists of 6 or more persons, as is agreed by the local authorities by which it was established and may, subject to paragraph (c), at the discretion of those authorities, be composed either wholly of persons who are members of those authorities or partly of persons who are, and partly of persons who are not, such members.

(c) A person who is not a member of one of the local authorities concerned shall not be appointed to be a member of a joint committee unless, in the opinion of the authority by which he or she is so appointed, he or she possesses knowledge, qualifications or experience relevant to the functions of the joint committee.

(11) (a) Notwithstanding the repeal or revocation under section 5 of an enactment by or under which a joint committee of a local authority stood established immediately before such repeal or revocation, the committee shall continue to stand established after such repeal or revocation as if it was established under this section and this Part applies and has effect accordingly in relation to it.

(b) Except as provided for by this section or otherwise by law, it is not lawful for local authorities to establish a joint committee or to delegate any of their functions to a joint committee.

53. —The acts, decisions and proceedings of any committee or joint committee of a local authority shall not be invalidated only because of a vacancy or vacancies in its membership or of the disqualification or want of qualification of any of its members.

54. —(1) The Minister may make regulations—

(a) specifying conditions, restrictions or other provisions which apply in relation to the delegation of functions to, or the revocation of a delegation of functions to, a joint committee to which section 52 (2) applies or to a committee,

(b) as respects the procedures, general administration and general finances of joint committees to which section 52 (2) applies,

(c) providing for the attendance of members of the public and representatives of the media at meetings of joint committees or committees other than those—

(i) specified in the regulations, or

(ii) at which the local authority concerned, in accordance with such procedures as may be specified in the regulations, determines such attendance is not permitted,

and section 45 (3) and (4) shall apply to such attendance at meetings of joint committees or committees subject to any necessary modifications,

(d) as respects such other matters relating to joint committees or committees as the Minister considers appropriate.

(2) The Minister may issue general policy guidelines to local authorities for the purposes of any provision of this Part and the authorities shall comply with any such guidelines.