Dáil Éireann Debate, Tuesday - 18 September 2018
801. Deputy Mattie McGrath asked the Minister for Housing, Planning and Local Government the circumstances in which local authority management can change reserved functions to executive functions; if a statutory instrument is required for this to occur; and if he will make a statement on the matter. [37572/18]
View answerThe reserved functions of the elected council of a local authority are designated by provisions of the Local Government Acts 1925 to 2014 as well as by provisions of any other Act that is construed together with those Acts.
Executive functions are performed by the Chief Executive. Section 149(4) of the Local Government Act 2001, as amended, states that every function of a local authority which is not a reserved function is an executive function. The division of reserved and executive functions is such that the Chief Executive operates within a framework of policy laid down by the elected members.
It is not within the remit of a Chief Executive of a local authority to change reserved functions to executive functions.
