COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, April 08, 2013

QUESTION NO. 8

QUESTION: Councillor W. Lavelle

To ask the Manager to report on the potential of designating village groups (which are working with the Council) as recognised associations, as provided for under Section 128 of the Local Government Act 2001?

REPLY:

Section 128 of the Local Government Act 2001 states:

128.—(1) A local authority may declare that any body, whether corporate or unincorporate, be a recognised association for the purposes of this section where the local authority is of the opinion that the body is concerned with promoting the interests of the local community, or any part of or group within the local community, or of all or a part of the administrative area of that local authority.
		(2) A local authority may—
		(a) consult a recognised association on any relevant matter,
		(b) provide assistance in money or in kind to such association,
		(c) make arrangements with a recognised association under section 13(6) of the Roads Act, 1993 , or Chapter 4 of Part 9
		(d) enter into an agreement in writing with a recognised association for the carrying out by the association on behalf of the local authority of certain functions of the authority which in its opinion may be satisfactorily carried out by the recognised association, subject to such terms, conditions, restrictions and other requirements as the authority considers necessary and specifies in the agreement.
		(3) Subsection (2)(d) does not apply in respect of a reserved function, the function to make arrangements under section 13(6) of the Roads Act, 1993 , or Chapter 4 of Part 9 or any other function as the Minister may prescribe by regulations.
		(4) Any works or other thing carried out or done by a recognised association in good faith as a result of an agreement made under subsection (2)(d) and in accordance with every requirement of such agreement shall be regarded as if the works or other thing was duly authorised, carried out or done by the local authority.
		(5) For the purposes of subsections (1) and (2), a local authority may have regard as to whether in its opinion—
		(a) a body is properly constituted and representative,
		(b) adequate financial and accounting arrangements are in place, and
		(c) the body is in a position to comply with such requirements as the local authority may in all the circumstances of the case consider necessary and reasonable for such purposes.
		(6) A declaration under subsection (1) is a reserved function.
		(7) The Minister may by regulations prescribe such matters relating to recognised associations as he or she considers appropriate for the purpose of giving effect to this section including the procedures to be followed for the termination of an agreement under subsection (2)(d).

The Council, all across the range of Departments, are in contact with groups and residents associations with regard to a wide variety of issues. The Community Services Department in particular work directly with  groups and associations on a wide range of issues and would advise on the range and level of services provided by the Council and other State agencies which may be of advantage to those bodies and their constituents. The Community Team would also advise these bodies of  funding opportunities as and when they arise and have a long successful history in this regard.  These Community Interest groups are also advised and facilitated with  Deputation meetings to the Council on specific areas of concern.

These contacts and the relationships developed as a result prove to be particularly valuable when project/activity and community/environmental work such as Village Renewal and Estate Management schemes are proposed and help to have such projects delivered in consultation with the residents and the local commercial interests.

The Council is willing and prepared to meet with any such organisation to do whatever it can to improve the local environment, both in the sense of the built environment and also to develop the community environment. 

It is unclear what added value can be achieved by pursuing the formal process as set out under Section 128 of the Local Government Act 2001.