AN BILLE UM RIARACHN POIBL DARS ITIIL, 2011 LOCAL AUTHORITY PUBLIC ADMINISTRATION BILL 2011 Mar a tionscnaodh As initiated

d ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Substantive replies from local authorities. 3. Refusal to provide substantive reply. 4. Right of complaint to Ombudsman. 5. Short title.

[No. 69 of 2011]

Acts Referred to Local Government Act 2001 Ombudsman Act 1980 2001, No. 37 1980, No. 26

 AN BILLE UM RIARACHN POIBL DARS ITIIL, 2011 LOCAL AUTHORITY PUBLIC ADMINISTRATION BILL 2011

BILL
entitled

AN ACT TO COMPEL LOCAL AUTHORITIES TO PROVIDE MEMBERS OF THE PUBLIC AND PUBLIC REPRESENTATIVES WITH SUBSTANTIVE REPLIES TO WRITTEN 10 COMMUNICATIONS WITHIN A PRESCRIBED PERIOD OF TIME. BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: 1.In this Act, save where the context otherwise requires Local Authority means a Local Authority for the purposes of the 15 Local Government Act, 2001, or any Borough Councils; Member of the Public means any person residing in the State; Minister means the Minister for the Environment, Community and Local Government; Ombudsman means the office of the Ombudsman established 20 under The Ombudsman Act 1980; Public Representative means any member of a Local Authority or either House of the Oireachtas or the European Parliament; Working Day means any day of the week excluding Saturday, Sunday and public or bank holidays. 25 Written Communication means any letter that is either posted or hand delivered or a facsimile letter or an email. 2.(1) Where a member of the public or a public representative sends a written communication to a local authority requesting a reply from that local authority, the local authority shall send a written 30 acknowledgement of receipt of the written request to the member of the public within 5 working days of receipt of the written request. (2) Where a member of the public or a public representative sends a written communication to a local authority requesting a reply 3
Definitions.

Substantive replies from local authorities.

from that local authority, the local authority shall send a substantive reply to the written request to the member of the public (a) within 15 working days of the date upon which it sent a written acknowledgement in accordance with subsection (1) of this section, or (b) within 20 working days of receipt of the written request.
Refusal to provide substantive reply.

3.The local authority may refuse to provide a substantive reply to the written communication as required by subsection (2) of section 2 if it is of the opinion, which opinion is reasonably and justifiably held, that any of the following apply 10 (a) the request contained within the written communication is trivial or vexatious, (b) the person making the request in the written communication has an insufficient interest in the matter, (c) the local authority does not have access to the information 15 that is required in order to provide a substantive reply to the request sought in the written communication, (d) the request concerns an action that has been initiated or may be initiated in any civil or criminal court proceedings, 20 (e) the request seeks information that the local authority is precluded by law from providing. 4.(1) Where a local authority has failed to provide a substantive reply as required by subsection (2) of section 2 or has refused to provide a substantive reply pursuant to section 3, the member of the 25 public or public representative may make a complaint in writing to the Ombudsman and the Ombudsman may, having sought a submission on the complaint from the local authority, take any of the following steps (a) give a direction to the local authority to provide a substan- 30 tive reply within 5 working days from the date of the direction, (b) give a direction that the local authority write a letter of apology and explanation to the member of the public or public representative arising from its failure to provide a 35 substantive reply, (c) give a direction that the request for information made by the member of the public or the public representative does not reasonably come within the categorisation provided for in section 3 of this Act, 40 (d) give a direction that the substantive reply furnished by the local authority is sufficient for the purpose of compliance with this Act. (2) The Ombudsman shall keep a schedule of complaints made to his office pursuant to this Act and he shall publish on an annual basis 45 a schedule of all complaints from members of the public or public representatives which he has upheld in that year. 4

Right of complaint to Ombudsman.

(3) Where a local authority has, in the opinion of the Ombudsman, repeatedly and wilfully failed to comply with the provisions of this Act, the Ombudsman may, having heard submissions from the local authority and the Minister, require the local authority to take necessary steps, approved of by the Ombudsman, for the purpose of ensuring that the provisions of this Act are thereinafter complied with. 5.This Act may be cited as the Local Authority Public Administration Act 2011.
Short title.