Local Government Act, 2001

Corporate policy group.

133.—(1) The elected council of every county council and city council shall form a committee, to be known as the corporate policy group, which shall consist of the Cathaoirleach and the chairpersons of the strategic policy committees, and which in this section is referred to as the “policy group” and which shall be chaired by the Cathaoirleach.

(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.

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

(3) The manager shall prepare the corporate plan for the local authority in consultation with the policy group in accordance with section 134 .

(4) (a) The manager 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 manager 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 manager shall provide such report.

(b) A manager 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 manager require the manager 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 manager 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 manager 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 manager 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 manager 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.