QUESTION: Councillor E. Ó Broin
To ask the Chief Executive to outline the process for residents of an estate to choose by plebiscite to change the name of their estate, or to only have the Irish language version of their estate name used?
REPLY:
Historically the statutory procedure to change a name place name i.e. street, place or locality was set out in the Local Government Act, 1946, the Local Government (Changing of Placenames) Regulations 1956, as amended by Section 67 of the Local Government Act 1994. Under that framework, a change could only be effected following a plebiscite of the qualified electors in the area, with the consent of a majority of qualified electors being required before any change could be made by resolution of the Council.
Provisions relating to placename changes in Part 18 of the Local Government Act 2001 (the 2001 Act) were commenced in early 2019 by the Local Government Act 2001 (Commencement) Order 2019 (SI 24 of 2019) meaning the previous provisions under the Local Government Act 1946, as amended, were repealed.
In addition, provisions in the Environment (Miscellaneous Provisions) Act 2011, amending Part 18 of the 2001 Act, were commenced by the Environment (Miscellaneous Provisions) Act 2011 (Commencement) Order 2019 (SI 23 of 2019).
The newly commenced provisions under the amended Part 18 of the 2001 Act required updated Regulations to be made for the holding of plebiscites to change placenames. It has been established from the Department of Housing Local Government and Heritage that during the process of finalising new Regulations an issue was identified concerning the interaction of Part 18 of the 2001 Act, as amended, and provisions in relation to placenames contained in the Official Languages Acts under the aegis of the Minister of Rural and Community Development and the Gaeltacht. The two Departments are considering proposed amendments to the current placenames provisions to address identified issues.
Pending the making of those Regulations and any related legislative amendments, it is currently the position that there is no legal basis for the Council to hold a plebiscite for the purpose of changing a placename, including the name of an estate.