User:Jnestorius/Local election postponement

General provisions

• Lighting of Towns (Ireland) Act, 1828 ss.14, 16: All commissioners elected triennially on the first Monday in July
• Irish Poor Law Act of 1838 s.20: Poor Law Guardians 25 March annually, all re-elected
  • still the case until at least 1878 if not later; few elections contested.) 1863 regulations for elections still valid in 1887; 25 March is closing of postal vote.
  • 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: 25 October annually, one third of borough councillors re-elected
• Towns Improvement (Ireland) Act 1854: s.23: 15 October annually, one third re-elected
• Local Government (Ireland) Act 1898
  • triennial for county and rural district 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: "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
    • 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).
• 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

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

McConnon 1988:

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

• Limerick Corporation Act 1853

  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

Urban switch to triennial

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

• 22 November 1899
  • Ballymena
  • Blackrock
  • Carlow
  • Clonakilty
  • Ennis
  • Galway
  • Portadown
  • Queenstown
  • Tanderagee
• 23 November 1899
  • Clontarf
  • Drumcondra, Clonliffe, and Glasnevin
  • Kinsale
  • Rathmines and Rathgar
  • Templemore
  • Tralee
• 27 November 1899
  • Birr
  • Drogheda
  • Monaghan
  • Pembroke
• 18 December 1899
  • New Kilmainham
• 22 December 1899
  • Dundalk
• 29 December 1899
  • Cork County Borough
• 17 May 1900
  • Naas
• 25 June 1900
  • Omagh
• 19 July 1900
  • Dungannon
• 4 October 1900
  • Newtownards
• Nov 1900 for Jan 1902: Skibbereen.
• Later, by 1906:
  • Armagh
  • Ballinasloe
  • Castlebar
  • Cavan
  • Dromore
  • Dungarvan
  • Keady
  • Killarney
  • Kingstown
  • Limerick County Borough
  • Listowel
  • Midleton
  • Navan
  • Thurles
  • Tipperary
  • Youghal
• 1907–8: Carrickmacross and Castleblayney
• 2 October 1913 (order date)
  • Belturbet

Elections

• 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.
• 1934
• 1936 Dublin Corporation (June) and Dun Laoghaire
• 1939 not held, even in Dublin or Dun Laoghaire
• 1942
• 1945
• 1948 [Dublin Co, Kerry, Tramore] [?Dublin Corp?]
• 1950 (including Dublin Corp)
• 1955
• 1960
• 1967
• 1974
• 1979
• 1985
• 1991 (county only)
• 1994 (urban only)
• 1999
• 2004
• 2009
• 2014

Dissolutions

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".

• Kerry County Council became the first local authority to be dissolved on 9 May 1923
• Co Dublin Board of Guardians November 21st, 1923 revived when if ever?
• Dublin Corporation 20 May 1924 revived under 1930 act
• Cork Corporation 30 October 1924; 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."

Some localities prefer commissioners to council. "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)

• 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. (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:

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

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".

Dissolutions

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
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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."

Bromage 1941:

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

Statute	Old date	New date	Elections
Parliament and Local Elections Act, 1916	by 20 May 1917
Parliament and Local Elections (No. 2) Act, 1917		May and June 1919	County Councillors, Rural District Councillors and Guardians in Urban Districts
Parliament and Local Elections Act, 1918	by 15 Mar 1919	Jan 1920	[County] borough, UD, and Belfast Commissioners
Local Government (Ireland) Act, 1919	1919	1920	County Councillors, Rural District Councillors and Guardians in Urban Districts
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"

More from 1935 publication:

Orders fixing or postponing local election dates

Date/SR&ONo	Title	Notes
1923-01-03	Urban Elections (Postponement) Order 1923.
1923-04-11	Local Elections (County Councils, &c.) Postponement Order. 1923.
1923-04-26	Urban Elections (Postponement) No. 2 Order. 1923.
1923-08-07	Local Elections (County Councils, &c.) Postponement No. 2 Order, 1923.
1923-08-07	Urban Elections (Postponement) No. 3 Order, 1923.
1923-11-22	Local Elections (County Councils, &c.) Postponement No. 3 Order, 1923.
1923-11-22	Urban Elections (Postponement) No. 4 Order, 1923.
1924-01-16	Order modifying s. 9 of Loral Government Act, 1898.
1924-02-22	Local Elections Postponement Order, 1924.
1924-07-12	Local Elections (Postponement) (No. 2) Order, 1924.
1924-08-16	Local Elections (Postponement)(No. 3) Order, 1924.
1925-01-07	Local Elections Postponement Order, 1925
1925-03-16	Local Elections Postponement (No. 2) Order, 1925.
1925-03-28	Local Elections Postponement (No. 3) Order, 1925.
19/1925	Local Elections Order, 1925.	revoked by 29/1928
29/1928	Local Elections Order, 1928.	?amded by 7/1929?
7/1929	Local Elections (Amdt.) Order, 1929.
116/1933	Local Elections (Postponement) Order, 1933.	revokes 102/1933; revoked by 104/1934

References

Sources

• Cusack, John; Hanley, Liam (2010). Lee, David; Jacobs, Debbie (eds.). "Limerick Municipal Elections 1841-2009" (PDF). Limerick City Council. p. 24. Retrieved 7 February 2017.
• McConnon, Mary Patricia (February 1988). LOCAL GOVERNMENT LAW - Its Effects on the Operations of Local Authorities (PDF) (Thesis).
• Duffy, George Gavan; O'Connor, Art, eds. (1935). "Local Government: (7) Local Elections, (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. 66–68.