The Local Government Act, 2001 (No. 37 of 2001) was enacted by the Oireachtas of Ireland on 21 July 2001. 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.
Contents
- Local government areas
- Local authorities
- Membership of councils
- Directly elected mayors
- Local Government Commission
- References
According to the explanatory memorandum issued before the passing of the Act, its purposes were to:
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 aspects of the Act was the abolition of the so-called "dual mandate". This 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 act after protests from Fianna Fáil backbenchers who were also councillors. It was introduced in a 2003 amendment after a compensation package was agreed.
Directly-elected mayors
Inspired by the office of Mayor of London created in 2000, Chapter 3 of Part 5 of the 2001 act as passed provided for a directly-elected chairperson (mayor or cathaoirleach) of each county and city council. This was to take effect from the 2004 local elections. However, a 2003 amendment repealed the provision before it was implemented.
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. The previous practice of ad-hoc committees for boundary reviews continued after 2001 and was formalised by the 2014 act.