User:Jnestorius/Local election postponement

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General provisions[edit]

  • Lighting of Towns (Ireland) Act, 1828 ss.14, 16:[1] All commissioners elected triennially on the first Monday in July
  • Irish Poor Law Act of 1838 s.20:[2] Poor Law Guardians 25 March annually, all re-elected
    • still the case until at least 1878 if not later; few elections contested.[3]) 1863 regulations for elections still valid in 1887; 25 March is closing of postal vote.[4]
    • Attempts to make triennial (including sec.4 of this 1886 bill, which is not related to the Poor Relief (Ireland) Act 1886 summarised in C.5043 p.v) not successful. eISB version of the 1838 act is from 1893 volume of Statutes Revised, so 1838 provision still applicable in 1893. 1898 act refers to "Poor Relief (Ireland) Acts, 1838 to 1892" hence 1893 version of 1838 act probably still applied until 1898.
    • This account of Carlow PLU mentions elections every year from 1883 to 1891 except 1890
  • Municipal Corporations (Ireland) Act 1840 s.51:[5] 25 October annually, one third of borough councillors re-elected
  • Towns Improvement (Ireland) Act 1854: s.23:[6] 15 October annually, one third re-elected
  • Local Government (Ireland) Act 1898
    • triennial for county[7] and rural district[8] councils
      • including county boroughs? sec.21 ("Each of the boroughs mentioned in the Second Schedule to this Act shall be an administrative county of itself, and be called a county borough") is unclear whether a county borough counts as a county for sec.2 (triennial election req). [sec 68(2)] says "the county for which it is elected (in this Act referred to as an administrative county)"
        • Cusack and Hanley, re Limerick:[9] "Elections were to take place every three years instead of annually. Half of the aldermen and all councillors were to leave office every three years and were eligible for re-election. [in Limerick] An alderman's term of office continued to be six years and a councillor's term of office was reduced from four to three years. The only exception was the 1899 elections when all aldermen and councillors were elected simultaneously." Might have been an order, not clear in the Act
        • OTOH LGBI reports of annual-to-triennial change suggest county borough same as urban county districts.
    • no change for urban district and town councillors, except can change from one-third annual to all-triennial[10]
      • including non-county borough
    • Poor Law Union guardians as urban/rural districts
  • Local Government (Ireland) Act, 1919 made triennial system compulsory in urban areas
  • Local Government Act, 1941: Dissolved council must have replacement election within three years (unless next scheduled election is in fourth year).[11]
  • Local Elections Act, 1953 sec.2 1955 and "every fifth successive year" (retained by Electoral Act, 1963 sec.81)
  • sec 2 of Local Elections Act, 1973 minister Jim Tully: quote "I would like to draw special attention to section 2 of the Bill. That section proposes to empower the Minister for Local Government to effect any future postponement of local elections by order, subject to the limitation that such an order will not have effect unless and until it has been approved by a resolution passed by both Houses of the Oireachtas. This is the fourth occasion on which local elections have been postponed in the past eight years—the fifteenth occasion since 1919—special legislation being introduced each time. It seems desirable, therefore, to introduce a simplified procedure which would be less wasteful of parliamentary time and section 2 does this by providing that the postponement instrument will be an order, not an Act. I would stress that such an order cannot come into operation without the specific approval of both Houses of the Oireachtas and the final effective decision on whether local elections should be postponed will continue to rest with the two Houses of the Oireachtas, following full and open debate."
  • Twentieth Amendment of the Constitution of Ireland 1999: election must be held at least every five years [12]
Jim O'Keeffe "My biggest complaint regarding local government was the regular postponement of elections. The all-party committee was adamant that a constitutional provision should be inserted stipulating that elections be held on a five-year basis. I am glad the Minister accepted that provision and agreed not to pursue his seven-year proposal."

Notes[edit]

McConnon 1988:[13]

Even though a local election is required every five years the Minister can request Dail Eireann to postpone them for some reason. This has been done on numerous occasions since 1922. In 1923 and 1926 in Dublin and Cork, after the dissolution of the Councils in those areas, the elections were postponed while commissioners were looking into the administration of both cities. Again in 1931 legislation provided for the postponement of local elections until July,1935 to allow reforms of local government to take place. The main reform proposed, then, - a county management system - never actually took place.

Place-specific[edit]

  • Limerick Corporation Act 1853[14]
    On 28 June 1853 the Limerick Corporation Act became law. Limerick City was divided into eight electoral wards replacing the previous five. There were still forty councillors in total but each ward returned five councillors as opposed to eight previously. There was only one alderman per ward where previously there had been two. One quarter of the councillors went out of office every year and half of the aldermen left office every third year. The term of office for a councillor increased from three to four years while that of an alderman remained at six years. Annual elections to the council were held on 25 November
  • 1930 Dublin
  • Cork City Management (Amendment) Act, 1941 s.3 replaced annual with triennial elections[15]

Urban switch to triennial[edit]

Some dates are of meeting requesting, rest are of order by LGBI granting

  • 22 November 1899
  • 23 November 1899
  • 27 November 1899
  • 18 December 1899
  • 22 December 1899
  • 29 December 1899
    • Cork County Borough[16]
  • 17 May 1900
  • 25 June 1900
  • 19 July 1900
  • 4 October 1900
  • Nov 1900 for Jan 1902: Skibbereen.[17]
  • Later, by 1906:[16][18]
    • Armagh
    • Ballinasloe
    • Castlebar
    • Cavan
    • Dromore
    • Dungarvan
    • Keady
    • Killarney
    • Kingstown
    • Limerick County Borough[nb 1]
    • Listowel
    • Midleton
    • Navan
    • Thurles
    • Tipperary
    • Youghal
  • 1907–8: Carrickmacross and Castleblayney[20]
  • 2 October 1913 (order date)

Elections[edit]

  • 1920
  • 1925
  • 1928
  • 1930 Dublin (city, DL borough, county council)
  • 1931 county boroughs [?excluding Dublin?]
    • 1930 act s.32(1) says "A city election shall be held in the year 1930 and in every third year thereafter and in no other year.";
      • not repealed until LEA 1953 Sched; was it overridden in the interim?
        • yes by 1937-41 postponements
        • implicitly amended by LEA 1948 s.2 which aligned with other authorities
  • 1933 Dublin Corp.[22]
  • 1934
  • 1936[23] Dublin Corporation (June[24]) and Dun Laoghaire
  • 1939 not held, even in Dublin or Dun Laoghaire[23]
  • 1942
  • 1945
  • 1948 [Dublin Co, Kerry, Tramore] [?Dublin Corp?]
  • 1950 (including Dublin Corp[25])
  • 1955
  • 1960
  • 1967
  • 1974
  • 1979
  • 1985
  • 1991 (county only)
  • 1994 (urban only)
  • 1999
  • 2004
  • 2009
  • 2014

Dissolutions[edit]

More info and full list in Potter

Note also Northern Ireland: IT 1927-08-12 p5 Donaghadee council asked Min Home Affairs to replace it with commissioner; rumours that Belfast corporation will be replaced after recent "revelations".

See also Loc Govt Dept Ann Rpts e.g. 1927-1928 Rpt p.18

20 bodies dissolved under 1923 and 1925 acts "in first three years of new regime".[26]

  • Kerry County Council became the first local authority to be dissolved on 9 May 1923[27]
  • Co Dublin Board of Guardians November 21st, 1923[28] revived when if ever?
  • Dublin Corporation 20 May 1924[28][27] revived under 1930 act
  • Cork Corporation 30 October 1924;[28][27] revived under 1929 act
  • "The County Councils in Offaly, Leitrim and Kerry had been suspended with the guarantee of reinstatement once the threat of insolvency was removed, but no such assurances were given to the Corporations in Cork and Dublin."[27]

Some localities prefer commissioners to council.[29] "I think that Deputies will remember that we had to have that kind of thing which is sometimes called an agreed Bill to meet the wishes of the people of Ennis, and again to meet the wishes of the people of Trim, who wanted Commissioners appointed by the Minister for Local Government in place of their dissolved body, and who wanted to keep them there." (Richard Mulcahy 1931[30])

  • Ennis UDC dissolved 14 April 1926; 1929 revival election didnt return anyone
  • Trim UDC dissolved 17 July 1926; 1929 revival election didnt return anyone

Mayo Coco 1931 over Letitia Dunbar-Harrison controversy.[30] (Debate was bolted onto reading of act regularising Grangegorman Mental Hospital Joint Committee which had been reconstituted following 1923 Dublin corporation dissolution, illegally per Supreme Court in Woods and others v. Dublin Corporation)

Gavan Duffy, George; O'Connor, Art (1935). "LOCAL GOVERNMENT (8) Dissolution of Local Authorities". A register of the administrative law in Saorstát Éireann : including the statutory rules and orders from December 6, 1921, to December 31, 1933 (PDF). Dublin: Stationery Office. pp. 67–69. Retrieved 12 November 2018. {{cite book}}: Cite has empty unknown parameter: |1= (help) [lists all relevant orders 1923–32]

Mansergh 1934:[29]

The powers thus granted to the Minister for Local Government and Public Health have been extensively used. The functions of local authorities offending against the Act are customarily transferred to local commissioners, appointed by the minister. In 1923, for example, five local authorities were dissolved by order of the minister. In 1924 the number rose to thirteen. In subsequent years the number has dwindled rapidly as the country became more settled. The following are the figures, since the Local Government Act came into force:
Local Authorities Dissolved 1923-33[29]
Year Number
1923 5
1924 13
1925 4
1926 3
1927 0
1928 2
1929 1
1930 3
1931 1
1932 0
1933 1
  • "over a period of eight [recte 11] years ten local authorities have had to be dissolved for reasons which closely approximate to those which are contemplated by Section 30".[31]
Dissolutions[31][32]
Place Auth Dates Reason
Kerry CoCo 1923–to
Kerry BoH 1923–to
Leitrim CoCo 1923–to
Mohill RDC 1923–to
Dublin Guardians 1923–to
Dublin City CB Corp 1923–to
New Ross UDC 19–to
Kilrush UDC 19–to
Meelick RDC 19–to
Longford BoH 19–to
Roscommon BoH 19–to
West Cork BoH 19–to
Cork City CB Corp 19–to
Cobh UDC 19–to
Offaly auth 19–to
Offaly BoH 19–to
Tipperary UDC 19–to
Westport UDC 19–to
Leitrim BoH 19–to
North Cork BoH 19–to
South Cork BoH 19–to
Cork District Mental Hospital Cttee 19–to
Ennis UDC 19–to
Trim UDC 19–to
Rathkeale Town Comm 19–to
Roscommon Town Comm 19–to
Bray UDC 19–to
Howth UDC 19–to
Limerick City BoH 19–to
Bundoran UDC 19–to
Ballyshannon Town Comm 19–to
Kerry auth 19–to
Kerry auth 19–to
Killarney Mental Hospital Cttee 19–to
Galway auth 19–to
Mayo auth 19–to
Mayo auth 19–to
Mayo auth 19–to
Wicklow UDC 19–to
Tipp SR CoCo 29-2-34 failing to maintain a full and satisfactory rate collection and thereby failing to provide the necessary finances to maintain the public services
Kilkenny CoCo June 1934 same
Leix Coco 1934 same
Waterford CoCo 1934 same
Westmeath CoCo 1935 same
Dublin CoCo September 1941 failing, amongst other things, to make a satisfactory rate collection and for allowing the finances of the county to get into a very involved state
Clare CoCo 22/4/42 a backward rate collection and a consequential excessive overdraft
Roscommon CoCo 2nd June, 1944 failure to strike an adequate rate for roads
Kerry CoCo 6th May, 1945 same reason
Kilkenny CoCo 20th July, 1942 making an inadequate provision in its estimates and for other reasons
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to
place auth from–to

Councils dissolved permanently Rathkeale, Roscommon, Fethard, Callan and Newcastle West. Tullow had boundary in 1902 but no council ever. "HA Street believed that some councils dissolved under this Section 72, and re-established in 1941. and operating today [1988], were never properly re-incorporated."[33]

Bromage 1941:[34]

Since the organization of the Free State government in 1922, a number of local authorities have been dissolved. In the nineteen-twenties, the two largest county borough councils, Dublin and Cork, were dissolved. This drastic step on the part of the Minister has been taken in regard to county borough councils, county councils, boards of health, urban district councils, and town commissioners. In 1937 so large a body as the Waterford county borough council was dissolved. In some instances, as in Cork, Dublin, and Waterford, dissolution has been preliminary to the creation of a managerial system by statute, the local council with its previously existing powers never being re-established.

Overriding[edit]

Statute Old date New date Elections
Parliament and Local Elections Act, 1916 by 20 May 1917 [35]
Parliament and Local Elections (No. 2) Act, 1917 May and June 1919 County Councillors, Rural District Councillors and Guardians in Urban Districts[36]
Parliament and Local Elections Act, 1918 by 15 Mar 1919 Jan 1920 [County] borough, UD, and Belfast Commissioners[37]
Local Government (Ireland) Act, 1919 1919 1920 County Councillors, Rural District Councillors and Guardians in Urban Districts[36]
Local Elections Postponement Act, 1922 Within 12 months of 21 December 1922 By 1 January 1924 Urban auto, rural power
Local Elections Postponement (Amendment) Act, 1923 By 1 January 1924 By 30 September 1924 All under 1922 act. IT note on Gazette note on 1924 ministerial orders under this act revoking and replacing 1923 orders
Local Elections Postponement (Amendment) Act, 1924 By 30 September 1924 By 31 March 1925 All under 1922 act
Local Government Act, 1925 sec.85 By 31 March 1925 By 26 June 1925 All under 1922 act
Local Elections Postponement Act, 1925 Any 1926 "Until 1928" All under 1922 act as amended
Local Elections (Dissolved Authorities) Act, 1926 sec.2 From 1926 By 31 March 1929 Dublin PLU, Dublin Corp, Cork Corp. (overrides 3 year limit under 1925 act between dissolution under 1923 act and election)
Local Elections (Dissolved Authorities) Act, 1927 less than one year before next regular Next regular Any dissolved
Local Elections Act, 1927 sec.16 Due in 1928 "ordinary day of election" 1928 All under 1922 act outside Dublin
Local Elections Act, 1927 sec.21 Postponed from 1926 to 1928 By 31 March 1929 All under 1922 act inside Dublin
Local Elections (Dublin) Act, 1929 31 March 1929 30 September 1930 All in Dublin city and county except Balbriggan commissioners
Local Government (Dublin) Act, 1930 30 September 1930 by 1 October 1930 Dublin city, Dublin county, Dun Laoghaire borough. See "day of election" in ss 1, 32(5), 43(3), 81(1), 104(1); also see ss 82, 86.
Local Elections and Meetings (Postponement) Act, 1931 Next triennial By 15 July 1934 Other than county boroughs
S.I. No. 102/1933 - The Local Elections (Date of Election) Order, 1933 (By 15 July 1934) 14 November 1933 All under 1931 act except Howth UD
S.I. No. 116/1933 - The Local Elections (Postponement) Order, 1933 14 November 1933 15 July 1934 All under 1931 act
S.I. No. 104/1934 - Local Elections (Postponement) Order, 1934 15 July 1934 26 June 1934 All under 1931 act
Local Elections Act, 1937 sec.5 After 2 June 1937 By 30 September 1940 All triennial; also Cork Corp new (non-triennial as scheduled)
Local Elections (Amendment) Act, 1940 By 30 September 1940 By 30 September 1941 All under 1937 act
Local Elections (Amendment) Act, 1941 By 30 September 1941 By 30 September 1942 All under 1937 act
Local Government (Dublin) Act 1945 sec 5 1945 by 1 July 1946 Dublin County Council (which had been suspended in September 1941). [Also (ss 6-8) Boards of Assistance indirect election by councils postponed until 1948 "and not earlier"]
Dublin County Council (postponement of elections) order 1946 by 1 July 1946 by 1 July 1948 Dublin County Council
Local Elections Act, 1948 ss 2-4 1948 by 30 September 1950 All [s2] except that suspended [s3] or new [s4] councils elected in 1948 or 1949 need not have re-election. I think based on SI49/1950 that Dublin Coco and Kerry and Tramore were in 1948
S.I. No. 49/1950 - Local Elections (Date of Elections), Order, 1950 20 September 1950 All bar Dublin Co, Kerry, Tramore [I think all were in 1948 via suspension or new]
S.I. No. 239/1950 - Local Elections (Removal of Difficulty) Order, 1950. 20 September 1950 First fine day after "Inishbofin, Inishmeane, Owey Island and Tory Island" LEA
Local Elections Act, 1953 sec.2 Any after 18 June 1953 1955 Any after enactment
Local Elections Act, 1965 sec.1 1965 1966 1970 not to be postponed
Local Elections Act, 1966 1966 1967 1970 to 1972 etc
Local Elections Act, 1972 1972 1973
Local Elections Act, 1973 1973 1974
S.I. No. 6/1984 - Local Elections (Specification of Local Election Year) Order, 1984 1984 1985 All
S.I. No. 104/1990 - Local Elections (Specification of Local Election Year) Order, 1990. 1990 1991 All
Local Government Act, 1991 sec.14 1991 [1996] Urban level. (Excluded DL boro -- ie there would have to be an election for that if the imminent abolition had not occurred by then; had it?] "Postponement" in section heading but text "There shall not be an election" suggests cancellation; no limit specified so next scheduled election date of 1996 would apply. Also "The term of office of the members of a local authority current on the commencement of this section shall stand extended so as to terminate on such date as may be provided for by law"

Footnotes[edit]

  1. ^ Cusack and Hanley state there were triennial elections for Limerick right from 1899.[19]

References[edit]

Sources[edit]

Citations[edit]

  1. ^ "Lighting of Towns (Ireland) Act, 1828". Irish Statute Book. Retrieved 6 February 2017.
  2. ^ "Poor Relief (Ireland) Act, 1838, Section 20". Irish Statute Book. Retrieved 7 February 2017.
  3. ^ Cousins, Mel (2005). "Poor Law Politics and Elections in Post-Famine Ireland". History Studies. 6.
  4. ^ LGBI 15th Rpt 1887 C.5124 pp.74–80
  5. ^ The Statutes of the United Kingdom of Great Britain and Ireland. Vol. Vol. XV, Part II. London: Her Majesty's Printers. 1840. p. 612. Retrieved 6 February 2017. {{cite book}}: |volume= has extra text (help)
  6. ^ "Town Improvement (Ireland) Act, 1854". Irish Statute Book. Retrieved 6 February 2017.
  7. ^ LGA 1898 sec 2(2)
  8. ^ LGA 1898 sec 23(3)(d)
  9. ^ Cusack and Hanley 2010, p.73
  10. ^ LGA 1898 sec 23(1)
  11. ^ "Local Government Act, 1941, Section 45". Irish Statute Book. Retrieved 1 February 2017.
  12. ^ "Twentieth Amendment of the Constitution (No. 2) Bill, 1999: Second Stage". Dáil Éireann Debate. 11 May 1999. pp. Vol. 504 No. 4 p.15 c.664. Retrieved 1 February 2017.
  13. ^ McConnon 1988 pp.29-30
  14. ^ Cusack and Hanley 2010, p.24
  15. ^ Quinlivan, Aodh (2006-01-01). Philip Monahan: A Man Apart : the Life and Times of Ireland's First Local Authority Manager. Institute of Public Administration. p. 176. ISBN 9781904541356. Retrieved 7 February 2017.
  16. ^ a b c d e f g h i j k l m n o p q r s t u v w x y z aa "List of Orders fixing Duration of Office of Councillors certain Districts to be three years (Schedule C)" Orders, rules and schedules under Local Government (Ireland) Act, 1898 p.150
  17. ^ Southern Star, 24 November 1900, p.8
  18. ^ LGBI 35th Rpt p.vi
  19. ^ Cusack and Hanley 2010, pp.74–77
  20. ^ 36th LGBI Rpt, p.ix
  21. ^ LGBI 42nd Rpt p.iii
  22. ^ McRedmond, Louis (1996). "Larkin, James, snr". Modern Irish lives: dictionary of 20th-century Irish biography. Gill & Macmillan. p. 165.
  23. ^ a b Keesing's Contemporary Archives. Vol. Volume 4, Part 2. Keesing's Limited. 1942. p. 5473. {{cite book}}: |volume= has extra text (help)
  24. ^ Cronin, Seán (1980). Frank Ryan: the search for The Republic. Repsol Pub. p. 80. ISBN 9780860640196.
  25. ^ MacDermott, Eithne (1998). Clann na Poblachta. Cork University Press. p. 142. ISBN 9781859181867.
  26. ^ Callanan, Mark; Keogan, Justin F. (2003). Local Government in Ireland: Inside Out. Institute of Public Administration. p. 33. ISBN 9781902448930. Retrieved 25 January 2018.
  27. ^ a b c d "The Cork Progressive Association and the Dissolution of Cork Corporation in 1924" Aodh Quinlivan Tom O’Connor Working Paper Series No. 32, November 2014, Department of Government, UCC
  28. ^ a b c Dáil debates 27 Apr 1926 p.29
  29. ^ a b c Mansergh 1934 pp.238-9
  30. ^ a b "Local Government Bill, 1931—Second Stage". Dáil debates. oireachtas. 17 June 1931. p. 22. Retrieved 25 January 2018.
  31. ^ a b MacEntee, Sean (3 July 1946). "Local Government Bill, 1945—Committee Stage (Resumed)". Seanad Éireann Debate. pp. Vol. 32 No. 3 p.6 cc.269–270. Retrieved 25 January 2018.
  32. ^ Potter pp.444-445
  33. ^ McConnon 1988 p.???
  34. ^ Bromage, Arthur W. (1941). "Central Control of Local Authorities in Ireland". Public Administration Review. 1 (2): 190–200 : 191. doi:10.2307/973084. ISSN 0033-3352. JSTOR 973084.
  35. ^ 45th Rpt of LGBI, p.ii
  36. ^ a b 48th Rpt of LGBI, p.ii
  37. ^ 47th Rpt of LGBI, p.ii
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