Local Government Act 2001
Encyclopedia
The Local Government Act, 2001 (No. 37 of 2001) was enacted by the Oireachtas
of the Republic of Ireland
on 21 July 2001. Most of the provisions of the Act came into operation on 1 January 2002.
According to the explanatory memorandum issued before the passing of the Act, its purposes were to:
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 borough
s 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 district
s or towns with town commissioners
, were all redesignated as towns.
, city council, borough council, or town council
(as appropriate).
". This meant that members of the Oireachtas
(Dáil Éireann
and Seanad Éireann
) could no longer be candidates for local authority elections.
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
of the Republic of Ireland
Republic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
on 21 July 2001. Most of the provisions of the Act came into operation on 1 January 2002.
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
Local Government (Ireland) Act 1898
The Local Government Act 1898 was an Act of the Parliament of the United Kingdom that established a system of local government in Ireland similar to that already created for England, Wales and Scotland by legislation in 1888 and 1889...
and modified by later legislation. The opportunity was taken to rename Tipperary (North Riding) and Tipperary (South Riding) as North Tipperary
North Tipperary
North Tipperary is a county in Ireland. It is part of the Mid-West Region and is also located in the province of Munster. It is named after the town of Tipperary and consists of 48% of the land area of the traditional county of Tipperary. The county was established in 1898 and has had a county...
and South Tipperary
South Tipperary
South Tipperary is a county in Ireland. It is part of the South-East Region and is also located in the province of Munster. It is named after the town of Tipperary and consists of 52% of the land area of the traditional county of Tipperary. The county was established in 1898 and has had a county...
respectively.
Cities: These were the County borough
County borough
County borough is a term introduced in 1889 in the United Kingdom of Great Britain and Ireland , to refer to a borough or a city independent of county council control. They were abolished by the Local Government Act 1972 in England and Wales, but continue in use for lieutenancy and shrievalty in...
s created by the 1898 Act
Local Government (Ireland) Act 1898
The Local Government Act 1898 was an Act of the Parliament of the United Kingdom that established a system of local government in Ireland similar to that already created for England, Wales and Scotland by legislation in 1888 and 1889...
and later legislation, renamed. All the county boroughs except Galway had previously had the courtesy title of city
City
A city is a relatively large and permanent settlement. Although there is no agreement on how a city is distinguished from a town within general English language meanings, many cities have a particular administrative, legal, or historical status based on local law.For example, in the U.S...
by charter or letters patent.
Boroughs: The five existing non-county boroughs continued in existence. In addition it was recognised that Kilkenny
Kilkenny
Kilkenny is a city and is the county town of the eponymous County Kilkenny in Ireland. It is situated on both banks of the River Nore in the province of Leinster, in the south-east of Ireland...
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 district
Urban district
In the England, Wales and Ireland, an urban district was a type of local government district that covered an urbanised area. Urban districts had an elected Urban District Council , which shared local government responsibilities with a county council....
s or towns with town commissioners
Town Commissioners
Town commissioners were elected local government bodies established in urban areas in Ireland in the nineteenth century. Larger towns with commissioners were converted to urban districts by the Local Government Act 1898, with the smaller commissions continuing to exist beyond partition in 1922.The...
, were all redesignated as towns.
Local authorities
A council was established for each of the local government areas with the title county councilCounty council
A county council is the elected administrative body governing an area known as a county. This term has slightly different meanings in different countries.-United Kingdom:...
, city council, borough council, or town council
Town Councils in the Republic of Ireland
The term Town Council was introduced into Local government in the Republic of Ireland by the Local Government Act 2001. From 1 January 2002 the existing Urban District Councils and boards of Town Commissioners were renamed as Town Councils....
(as appropriate).
Membership of councils
One of the most controversial aspects of the Act was the abolition of the so-called "dual mandateDual mandate
A dual mandate is the practice in which elected officials served in more than one elected or other public position simultaneously. This practice is known as double jobbing in Britain and distinguished from double dipping in the United States For example, suppose a...
". This meant that members of the Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
(Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
and Seanad Éireann
Seanad Éireann
Seanad Éireann is the upper house of the Oireachtas , which also comprises the President of Ireland and Dáil Éireann . It is commonly called the Seanad or Senate and its members Senators or Seanadóirí . Unlike Dáil Éireann, it is not directly elected but consists of a mixture of members chosen by...
) could no longer be candidates for local authority elections.