Local government law - its effects on the operations of local authorities

Local government law was once described, as a 'tortuous labryinth of an unexplored code'. Although some examination of it has been undertaken by HA. Street and Judge Keane the law still remains a maze.\n\nChanter.\n1 Local government statutes are complex and in many instances\ndate from the nineteenth century. Because of this local\ngovernment has been described as having a Cinderalla framework.\n2 In the organisation division legislation deals with areas,\nnames, the corporate body, the council, members, meetings,\ncommittees. Provisions on these matters vary unnecessarily\nbetween the five main local areas.\n3 Legislation on personnel is spread over numerous enactments. Even with such detailed provisions there is no certainty that the best person will be selected. However, since 1922 a local government service has developed.\n4 The complex, piecemeal and not easily accessable legislation leaves the members relying on the managers' policy leadership.\n5 In the area of finance failure to update the valuation law\nresulted in the Supreme Court deoision in finding the collection of rates on agricultural land unconstitutional.\n6.Although local authorities' functions have been classified\nunder eight programme groups only in housing and planning has any effort been made to consolidate legislation relating to each group.\n7. The English system, from which Irish local government originated, has been rationalised. Unlike Ireland, the courts intervene increasingly both in disputes between local authorities and between local and central government.\n8. In Ireland since 1922 , although some changes were made - rural district councils were abolished, the Local Appointments Commission was established, the management system was introduced and some statutes were up-dated - no effort has been made to deal comprehensively with local government legislation.\n9.To conclude, then, the need is to modernise the various lav/s to twentieth century needs.