Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

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Plebiscite

47. (1) (a) Where—

(i) the corporate policy group of a local authority submits a report to the elected council of the local authority recommending a proposal and that elected council approves that proposal by resolution,

(ii) the Minister receives from the chief executive of a local authority—

(I) a petition signed by more than 15 per cent of the electors of the administrative area of the local authority requesting the holding of a plebiscite in relation to a proposal, and

(II) a certificate signed by that chief executive stating that he or she is satisfied that the petition is valid,

or

(iii) the Minister directs,

a proposal shall be submitted to a plebiscite of the electors of the administrative area to which the proposal relates.

(b) A proposal referred to in paragraph (a) shall be submitted to a plebiscite of the electors concerned not later than—

(i) in a case referred to in subparagraph (i) of paragraph (a), 12 months after the passing of the resolution,

(ii) in a case referred to in subparagraph (ii) of paragraph (a), 12 months after receipt of the petition and certificate, and

(iii) in the case of a direction given under subparagraph (iii) of paragraph (a), 12 months after the giving of the direction.

(c) A resolution to which subparagraph (i) of paragraph (a) applies shall be submitted by the Cathaoirleach of the local authority concerned to the Minister not later than 30 days after the passing of the resolution and shall be accompanied by a copy of the report referred to in that subparagraph.

(d) Where the chief executive of a local authority receives a document purporting to be a petition referred to in clause (I) of subparagraph (ii) of paragraph (a), he or she shall, if satisfied that the document is a valid such petition, submit that petition and the certificate referred to in clause (II) of that subparagraph to the Minister not later than 30 days after having received the petition.

(2) A plebiscite shall be held on such day and at such times as the Minister shall, subject to paragraph (b) of subsection (1) and subsection (4), by order, appoint.

(3) An order under subsection (2) shall be published in Iris Oifigiúil as soon as may be after it is made.

(4) An order under subsection (2) shall appoint a day that is not earlier than 60 days, and not later than 90 days, after the making of the order.

(5) Each plebiscite shall be conducted in accordance with regulations made by the Minister under section 49 .

(6) The Minister shall, within such period as the Minister considers reasonable and necessary to enable the Commission to comply with its obligations under subsection (7) in relation to a plebiscite, provide the Commission with information relating to—

(a) the functions and office that are proposed in respect of the directly elected mayor for the administrative area concerned,

(b) the likely effect that the establishment of such office would have on the performance by the local authority concerned of its functions and the likely nature of the relationship between the holder of that office and that local authority,

(c) the likely nature of the relationship between the holder of such office and any other body established by or under statute charged with performing functions in relation to the administrative area concerned,

(d) the likely cost and other resource implications should the proposal be implemented,

(e) the likely effects (if any) that the proposal would have in relation to the functions and organisational structure of any other body established by or under statute, and

(f) such other matters as the Minister considers appropriate.

(7) For the purposes of a plebiscite, the Commission shall—

(a) prepare a statement or statements containing a general explanation of the proposal that is the subject of the plebiscite, which shall include a summary of the information provided by the Minister under subsection (6), and any further information that the Commission considers appropriate, and

(b) not later than 30 days before the day appointed under subsection (2), publish (in both the Irish and English languages) and distribute such statement or statements in relation to the plebiscite concerned in such manner as the Commission considers will bring the proposal to the attention of electors in the administrative area to which the proposal relates.