Agenda and minutes

            The minutes of the meeting of 14th December were taken as read and signed as correct.  It was reported that those minutes had been adopted by the Council at its meeting on 7th January, subject to the omission of the minute under the heading “Statement of Purpose and Terms of Reference of the Audit Panel” which, at the request of Councillor Crozier, had been taken back to the Committee for further consideration.

            The Committee proceeded to consider further the minute of the meeting of 14th December in relation to the Statement of Purpose and Terms of Reference of the Audit Panel.  An extract of the minute in that regard is set out hereunder:

“Minutes of Meeting of Audit Panel

      The Committee approved the minutes of the meeting of the Audit Panel of 10th December and adopted the recommendations of the Panel in relation to the following issues:

Statement of Purpose and Terms of Reference

for the Audit Panel

      The purpose statement and terms of reference as set out hereunder:

‘Purpose of the Audit Panel

      ‘The purpose of BelfastCity Council’s Audit Panel is to provide an independent assurance on the adequacy of the Council’s risk management framework and associated control environment.  It will provide an independent scrutiny of the Council’s financial and non?financial performance to the extent that it exposes the Council to risk and weakens the control environment.  The Panel will also oversee the Council’s financial reporting process.’

      Note: the expression ‘audit’ should be accordingly understood in this context.

Audit Activity

1.   To consider the Head of Audit, Governance and Risk Services annual report and opinion, and a summary of internal audit activity (actual and proposed) and the level of assurance it can give concerning the Council’s corporate governance arrangements.

2.   To consider summaries of specific internal audit reports.

3.   To consider reports dealing with the management and performance of Audit, Governance and Risk Services.

4.   To consider reports from Audit, Governance and Risk Services on agreed recommendations not implemented within a reasonable timescale.

5.   To consider the Local Government Auditor’s annual letter, management letter and relevant reports.

6.   To consider all recommendations, reports and declarations of the Local Government Auditor as made under the Local Government (NI) Order 2005.

7.   To comment on the scope and depth of external audit work and to ensure it gives value-for-money.

8.   To commission work from internal audit (including value-for-money and review of the progress of any improvement plans) and external audit.

Regulatory Framework

9.   To maintain an overview of the Council’s constitution in respect of contract procedure rules, financial regulations and codes of conduct and behaviour.

10.To review any matter concerning issues of audit referred to it by the Council or any Committee of the Council or by the Chief Executive.

11.To monitor the effective development and operation of risk management and corporate governance in the Council.

12.To monitor Council policies on whistleblowing and the anti?fraud and corruption strategy and the Council’s complaints process.

13.To oversee the production of the Council’s Statement on Internal Control and to recommend its adoption.

14.To consider the Council’s arrangements for corporate governance and agreeing necessary actions to ensure compliance with best practice.

15.To consider the Council’s compliance with its own and other published standards and controls.

Accounts

16.To review the annual statement of accounts.  ...  view the full minutes text for item 1b

            The Director of Corporate Services submitted for the Committee’s consideration the undernoted report in relation to the District Rate 2008/2009:

“Purpose

      The purpose of this report is to update Committee on the progress made in relation to agreeing the District Rate for 2008/09 since the special Strategic Policy and Resources Committee meeting held on 8 January 2008.

Relevant Background Information

      At the Special Policy and Resources Committee on 8 January the Director of Corporate Services presented the Revenue Estimates 2008/09 and recommended a District Rate increase of 5.81%. The committee noted the progress which had been achieved in relation to the production of the Revenue Estimates for the 2008/2009 financial year but directed that the Members work with the officers at a corporate level, through both the Party Group Leaders, Committee Chairman and the Council Improvement Board, in order to examine the possibility of identifying further potential savings which could be made.

      This report will outline the further progress that has been made.

Key Issues

      Members are requested to note that each Departmental Revenue Estimate 2008/09 has now been agreed by the relevant committee.

      The Party Group Leaders met with the Chief Executive and Director of Corporate Services on 16 January to discuss potential options for further corporate savings. At the outset it was agreed that the savings were being discussed in the context of reaching consensus across the party groups on the level of District Rate increase. The following options were considered:

·         Improve the Product of a 1p Rate (PPR)

      The Director of Corporate Services requested the Land and Property Services Agency (LPSA) to re-run the PPR calculation and the result was that the PPR had marginally declined because the Richardsons site had been declassified from the industrial valuation listing. This option is therefore not available to the Council.

·         Events Expenditure

      The 2008/09 budget includes growth of £600,000 for events as follows:

                                                                                                     £

            Tall Ships                                                                   400,000

            Nodamic Restoration Fund                                     100,000

            World Irish Dancing Championships                     100,000

      It was suggested that one or all three of these events could be funded from reserves. After discussion, however, this option was rejected by the Party Group Leaders. It was agreed, however, that the future funding and nature of events should be considered in the context of an events strategy which is aligned to the corporate priorities.

·         Reprofile Financing of the City Investment Strategy

      The Party Group Leaders requested the Director of Corporate Services to provide a number of options on how the financing of the City Investment Strategy could be reprofiled with the effect of reducing the rate burden element in 2008/09. The Party Group Leaders agreed to consider these options at a meeting on 24 January and to table a recommendation on the setting of the District Rate 2008/09 at the Strategic Policy and Resources Committee meeting which will held the following day.

      The table below outlines the cash flow for the City Investment Strategy. From the table it can be seen that currently  ...  view the full minutes text for item 2a

The Committee granted authority for the commencement of tendering exercises in respect of the following:

(i)      the supply and installation of soft flooring in Council properties;

(ii)     routine inspection and maintenance of lifts; and

(iii)    the supply of a ‘first-responder’ out-of-hours emergency response service.

            The Chief Executive submitted for the Committee’s consideration the undernoted report which provided an update in relation to the Review of Public Administration:

“1.0       Relevant background information

1.1       Members will recall that on 19th October, the Environment Minister, Arlene Foster, M.L.A. released the Review of Public Administration (RPA) Emerging Findings Report on the future reform and shape of local government within Northern Ireland.  The document outlined the proposed functions and resources to transfer under local government control and highlighted the variance from the original RPA proposals for local government reform.

1.2       At a special meeting of the Council’s Strategic Policy and Resources Committee on 9th November, Members voiced their concern and strong disappointment in respect to the proposed package of functions and resources outlined within the Emerging Findings Report which would transfer to local government.  It was noted that the current proposals, if carried forward into the implementation of the RPA, would represent a missed opportunity to really make a difference in the way that Northern Ireland is governed and would deliver a substantially ‘watered down’ version of the ‘strong local government’ which the original RPA proposals had set out to achieve.  The Council also made the point that sufficient funding and resources would have to accompany any transferring functions.

1.3       Accordingly, the Council, at its meeting on the 3rd December 2007, endorsed a response to the Emerging Findings Report, together with a supplementary paper prepared by Mr Colin Stutt entitled 'Beyond the Emerging Findings Report - Implementation Paper' which contained proposals on both the transfer of specific functions to local government and on how the RPA debate could be taken forward.  Both papers have been submitted to the Department of Environment’s RPA Review Team.

2.0       Key issues

2.1       Members will accept that we are rapidly approaching a critical stage in the RPA process and in defining the future shape and role of local government within Northern Ireland. It is anticipated that a revised RPA recommendations report would be submitted to the NI Executive on 31st January, 2008, with an announcement to the NI Assembly and the general public in early February.

2.2       The revised report will outline the exact nature of the functions (and the resources that support them) which will be transferred from central government to local government, the number of Councils which will exist in the new local government configuration and the proposed timescale for implementation.

2.3       During December, 2007, the Environment Minister, Arlene Foster held a number of bilateral meetings with Ministerial colleagues to discuss the transfer of functions strand of the review of the RPA local government decisions.  The discussions between Ministers touched upon a number of key issues including:

§         the feedback from the stakeholder engagement process which registered the disappointment and concern expressed by stakeholders, particularly in the local government sector, about the limited scale and nature of the transfer package outlined in the RPA Emerging Findings Report;

§         the potential to augment the transfer package  ...  view the full minutes text for item 3a

The Committee noted the contents of a report which provided details in relation to the strategic planning process and the proposed dates for the holding of meetings in this regard.

The Committee considered the undernoted report in relation to the Northern Ireland Local Government Association:

 “1.0       Relevant Background Information

1.1       Members will recall that the Committee, at its meeting on 15 June 2007, had agreed that it would withhold its annual subscription to NILGA of £94,169 until NILGA had responded to the concerns the Council had raised at its meeting on 27 April 2007.  Copy of the letter the Council sent setting out their concerns, dated 4 May 2007, was previously circulated.

1.2       Officers have engaged with NILGA over recent months to examine those concerns and the issues raised by the Members.

1.3       NILGA’s ability to respond to some of the concerns was dependent upon funding being made available from the Department of the Environment to allow it to build its capacity.  An announcement was made by the Minister for the Department of the Environment on 10 January 2008 agreeing a £2m funding package over a 3 year period for NILGA which will permit resources to be dedicated to addressing many of the concerns raised by the Council.

1.4       In addition it should be recognized that with the imminent announcement on the Review of Public Administration the Minister has indicated that much of the modernization and engagement work with local government as a sector will be addressed through NILGA.

2.0       Key Issues

2.1       NILGA has now submitted a formal response dated 14 January 2008 to the Council outlining how it intends to address its concerns.  Local government has made significant progress in the majority of areas identified by the Council for improvement with the main outstanding issue being the reconfiguration of its governance arrangements and representation of Belfast City Council on NILGA.

2.2       NILGA has undertaken an analysis of the various options available regarding its representational arrangements and has concluded that the current arrangements which are based on ‘Political Proportionality’ using the d’Hondt formula ensures that NILGA is truly representative of the local government sector and is based on best practice applied by the Local Government Association in Great Britain.

2.3       In applying this model, NILGA would argue that Belfast City Council is currently proportionately represented on the following basis:

§         BCC has 51 members (8.7% of the 582 members in Northern Ireland)

§         BCC has 17 members on NILGA (11% of the 152)

§         BCC has 3 members on the NILGA Executive (11% of the 28%)

2.4       Whilst NILGA has indicated that it remains committed and open to considering any suggestions to enhance the effectiveness of its governance system, it believes that the current arrangements are appropriate within the context of the uncertainties around the Review of Public Administration and Local Government Modernisation processes.  NILGA welcomes further discussions with Belfast City Council as we move forward.

2.5       Strategic Plan 2008-2011 and Framework for Engagement with Constituent Councils

2.5.1    Working with officials from Belfast City Council, NILGA has prepared a draft ‘Strategic Plan 2008-2011’ and ‘Framework for Engagement with Constituent Councils’.  Whilst both  ...  view the full minutes text for item 3c

The Committee was advised that the Local Authority Members’ Association was holding its Annual Spring Seminar in Trim, County Meath on 27th and 28th March.  The seminar would examine a number of areas including Local Government Finance and budgetary constraints as well as how Local Authorities could work in partnership with other relevant bodies to help address the growing problem of substance abuse.  In addition, attendance at the seminar would present Members with an opportunity to explore and discuss, with other Elected Representatives from across Ireland, areas of mutual interest and concern.  The cost per delegate attending the seminar was £500.

            It was recommended that the Committee authorise the attendance at the seminar of the Chairman, the Deputy Chairman, the Council’s representatives on the National Association of Councillors, Northern Ireland Region, the Head of Committee and Members' Services (or their nominees) and a representative from each of the Party Groupings on the Council not represented by the aforementioned Members and approve the payment of the appropriate travelling and subsistence allowances in connection therewith.

            The Committee adopted the recommendation.

The Committee was advised that the undernoted requests for the provision of hospitality had been received:

            The Committee adopted the recommendations.

            The Committee was advised that absenteeism for the period from October till December, 2007 was showing an average of 3.74 days lost per employee, which represented a decrease of 0.02 days per employee on the previous quarter.  It represented also a decrease on the same period in the previous year, when the figure had been 4.32 days per employee.  However, this meant that the Council was slightly below target to meet its two-day target reduction for 2007/2008.  It was pointed out that almost 70% of staff had had no absence during quarter 3, with 7.63% of the overall absence in the Council during that period being attributable to long-term sickness. 

            A Member pointed out that, in order to provide the Members with more meaningful information, the report should include a breakdown of the targets for each of the Services within the Council and full comparisons with the previous quarter.

            After discussion, during which the Director of Corporate Services undertook to include these figures in future reports, the Committee noted the information which had been provided.

            It was reported that, in accordance with Standing Order 55 and the authority delegated to him, the Director of Corporate Services had authorised the appointment of a member of staff who was related to an existing officer of the Council.

            The Committee noted the appointment.

In accordance with Standing Order 60, the Committee was notified that the Parks and Leisure Committee, at its meeting on 13th December, had agreed to the acquisition and leasing of land known as Ferguson Park, off Ballysillan Park.

            The Committee was reminded that the Council had currently a legal agreement with Bayshore Developments Limited for the sale of approximately fourteen acres of land in the sum of approximately £14 million.  The completion of the sale was contingent upon planning permission being granted for a number of elements, including the provision of “a retail park comprising not less than 160,000 square feet of retail space”. 

            Five years previously when legal agreements with Bayshore were being drawn up, the developer had not secured any tenant for the scheme.  It was understood that an anchor tenant had now been secured and, as a result of the tenant’s requirements, Bayshore was seeking to alter the scheme.  The alterations would require the developed floorspace to be reduced from 160,000 square feet to approximately 125,000 square feet.  The developer had recognised that the revised scheme would fall outside the terms of the existing Agreement and therefore required the Council’s formal agreement through a Deed of Variation or a similar legal mechanism.  Accordingly, the Company was seeking permission to make a presentation to the Committee in respect of the revised scheme.

            After discussion, the Committee agreed that no useful purpose would be served by receiving a presentation and approved the variation to the scheme, subject to there being no detrimental financial implications for the Council.

            The Committee was reminded that the Health and Environmental Services Committee, at its meeting on 8th March, 2005, had declared as surplus to requirements the two former civic amenity sites at Seapark Drive and Primrose Street.  The two sites had subsequently been held in the corporate landbank to be used for the purpose of the improvement, or future development of the district, pending further investigation of alternative uses, with a view to protecting and optimising the value of the assets.

            It was reported that details of the two sites had been circulated to the various Departments to ascertain if they had any interest in the properties for use in connection with a Council function but that no interest had been identified.  In addition, the Councillors in the Oldpark and Castle District Electoral areas, where the sites were located, had been contacted to ascertain their views on the future use of the sites.

            The Committee agreed that the former civic amenity sites at Primrose Street and Seapark Drive be declared surplus to Council requirements and that they be placed for sale on the open market, free from restrictions as to future use, subject to a report being submitted to the Committee seeking approval to the terms of any disposal and to a requirement for the sites to be developed within a defined time frame.

            The Committee agreed to defer consideration of a report in respect of an update on the contract for the transfer of land in relation to the arc21 Residual Waste Treatment Facilities to enable the Party Groupings to be provided with briefings in the matter.

            The Committee approved the minutes of the meeting of the Good Relations Steering Panel held on 11th January.

            The Committee was reminded that the Council, at its meeting on 3rd December, had passed the following Notice of Motion:

      “This Council views with the deepest concern the unfolding events in Burma and salutes the courage of the Burmese people, especially Aung San Suu Kyi, in challenging the oppressive, corrupt and illegitimate military junta which has ruled Burma for decades.

      The people of Belfast have a tradition of supporting oppressed peoples and to that end this Council calls on the British and Irish governments to immediately impose the most stringent sanctions under the auspices of the United Nations.”

            The Committee was advised that correspondence had been received from the United Kingdom’s Foreign and Commonwealth Office and the Irish Government’s Office of the Minister for Foreign Affairs outlining their positions and the actions which they had undertaken in relation to the events which were taking place currently in Burma.  Copies of the correspondence in this regard are set out hereunder:

Letter 1

      “Thank you for your letter of 19 December to the Foreign Secretary’s Office about the situation in Burma.  We have been asked to reply.

      We have strongly and repeatedly condemned the recent violent suppression of peaceful protests across Burma.  The Prime Minister, the Foreign Secretary, and other Ministers, continue their efforts to ensure that the international community does not forget the people of Burma.

      We are alarmed by the reports of continuing persecution targeted at those who took part in the demonstrations.  We want the regime to end ongoing arrests, release all political prisoners and engage in a genuine process of reconciliation and a dialogue that is fully inclusive, not least of the ethnic groups.

      We are working to increase regional and international pressure on the regime while at the same time holding out the prospect of a better future for Burma should there be genuine moves towards political reconciliation, the restoration of democracy and respect for human rights.

      We are applying pressure firstly through the United Nations.  On 2 October, the UN Human Rights Council passed a resolution sponsored by the European Union, (EU) with the strong support of the UK, which expressed deep concern about the situation in Burma and requested that the UN Special Rapporteur on Human Rights in Burma, Paulo Sergio Pinheiro, be given immediate access.  Professor Pinheiro visited Burma from 11 to 15 November.  He met senior regime figures, and a number of political prisoners.

      Professor Pinheiro’s report to the Human Rights Council on 11 December highlights the gravity of the human rights situation in Burma.  It is evident that there are major concerns about abuses during the repression of the peaceful protests in September and October.

      We welcome the Special Rapporteur’s findings, and support the call for an early follow-up visit to take forward a more thorough investigation.  It is imperative he is given free and unhindered access to both people and areas across Burma.  We also support Professor Pinheiro’s recommendations and  ...  view the full minutes text for item 8a

            The Committee noted the receipt of correspondence which had been received from another Local Authority regarding the filling of Civic positions on Councils.

            The Committee was informed that the Department of Finance and Personnel had issued a consultation document entitled “Review of Domestic Rating Lone Pensioner Allowance”.  The Department was proposing to introduce from April, 2008 a 20% discount in rate bills for pensioners aged 70 or over who lived alone.  The Director of Corporate Services submitted for the Committee’s consideration a proposed Council response, copies of which were available on Modern.gov and the Members’ Portal, to the consultation document.

            The Committee approved the proposed response.