Town council abolition ‘unconstitutional’

THE abolition of town councils with statutory powers such as Ennis has been branded unconstitutional by one local councillor, who has called for the consideration of a legal challenge to the plans.

Councillor Johnny Flynn will, at the December meeting of Ennis Town Council, urge the local authority to consider receiving legal advice on the potential of a constitutional challenge to the proposed cuts.

The member of both Ennis Town Council and Clare County Council has already written a submission to the Taoiseach, Government ministers including Phil Hogan and Clare’s Fine Gael Oireachtas members urging the protection of the current local-authority status of Ennis and other county capital towns and National Spatial Strategy (NSS)-designated towns such as Shannon.

According to Councillor Flynn, the total abolition of councils is possibly based on “incorrect presumptions” and is “devoid of supporting evidence”.

While he believes the reform of local government is badly needed, Councillor Flynn has proposed an alternative model cutting 50% instead of the current proposal of 75%.

He describes the cut of 75% as an “attack on local democracy”, instead proposing a cut of 114 to 57 local authorities.

This would see the retention of all county capital towns and NSS-designated towns of hub or gateway status.
He states that town councils with statutory powers and functions such as Ennis predate the Dáil, which he believes gives Constitutional protection.

Councillor Flynn argues that the tradition of a democratically elected council in Ennis predates the formation of the State, the Dáil and the Irish Constitution.

He refers to Article 28A of the Constitution, which says, “The State recognises the role of local government in providing a forum for the democratic representation of local communities, in exercising and performing, at local level, powers and functions conferred by law and in promoting by its initiatives, the interests of such communities.”

In his submission, Councillor Flynn states, “Reading this article, it is argued that town councils such as Ennis who ‘perform powers and functions conferred by law’ rather than local authorities that are powerless and functionless, are recognised and therefore are protected under Article 28A from interference or abolition by the Dáil. Otherwise, any particular government could remove the powers and functions of local authorities and take them on themselves in order to abolish all forms of local government.”

He goes on to state that total abolition poses a threat to active citizenship and increases the existing identified democratic deficit in large urban areas.

He outlines the Taoiseach set up the Taskforce on Active Citizenship in 2006 because of a concern about citizen participation in communities. The taskforce identified a “democratic deficit”  that the perceived distance between citizens and local authorities was too great.

“The current proposal involves unnecessary removal of functioning large town councils with real powers and roles in local decision-making, in Ennis’ case, Ireland’s 10th largest city or town. Ennis is Munster’s largest town. The retention of strong local democratic structures such as in Ennis and other county capital towns is essential to deal with the democratic deficit identified.”

He argues it is contrary to the Government’s National Spatial Strategy 2020. Ennis has been designated a hub town under the strategy, with Shannon a gateway.

Councillor Flynn states in his submission, “The Government strategy states that effective leadership in these urban settlements involving community, political and business is crucial to ensure the sustainable development of thee centres of administration, services and commerce. Various Government NSS policy documents identify the importance of citizen involvement, engagement and ownership at local level in decision-making processes as the most important ingredient of successful urban settlements. It is often quoted that the unique character of successful local government is its proximity to the community. Proposed abolition of Ennis and Shannon flies in the face of the vision and objectives to the Government’s own NSS strategy drawn up to lead Ireland over the next decade.”

Councillor Flynn added that the claim for the total abolition of large town councils such as Ennis on the basis of efficiency and cost saving is “not evidence-based and is flawed”.

“The urgency surrounding the current reform proposal is against the backdrop of the collapse of the Irish economy and the perilous state of the country’s finances… In order to rectify the national deficit and ensure there is no repeat of the reckless financial management of Ireland, there should urgently be a reform and cost-cutting package of the responsible bodies at national level,” he states.

In his submission, he outlines an analysis of the audited financial statements for Ennis Town Council for 2007 to 2011 that shows how the local authority managed its finances while maintaining services since the collapse of the Irish economy.

“In the last five years since 2007, Ennis Town Council has had to work within a difficult, challenging economic and financial environment in order to prepare and adopt a balanced budget for Ennis town each year.

“The maintenance of local government services for the town residents and businesses at reasonable levels has been achieved over that period whilst taking into account the reductions in staffing resources and levels of funding available,” he stated.

According to Councillor Flynn, “If national Government ran their side of public finances/services businesses in terms of budgeting in as an efficient manner as Ennis Town Council has over the last five years, we would be in a great position.”

The councillor also comments it is incorrect to claim county councils are better value than large town councils.
“Ennis town’s budget of €11 million is to provide all local authority services for a 25,000 population, that is, a cost of €440 per person (some are provided and charged for in that budget by Clare County Council). Clare County Council, with a budget of €110m for 115,000, provides services at cost of €956 per person. This is over twice the cost of what Ennis town is providing,” he states in the submission.

He argues that instead of removing local government, the cost should be reduced. “I got elected to Ennis Town Council on a number of election promises including committing to being a no-expenses, no-junket politician, if elected. In 2009, I was elected to both Clare County Council and Ennis Town Council on similar promises.

As a ‘zero-cost’ Ennis town councillor since my re-election in 2009, I know of others that would be honoured to serve their town as politicians without pay in order to maintain the power of self government of the town.”
Councillor Flynn has received acknowledgements of receipt of the submission from the office of the Taoiseach and Minister Hogan.

The issue is also set to be discussed at the next meeting of Ennis Town Council, where Councillor Flynn has submitted a notice of motion asking that Ennis Town Council consider the option of  ­receiving some legal advice on the potential of a constitutional challenge under Article 28A of the abolition of Ennis Town Council in light of the extensive powers and functions conferred on it by statute.