Agenda and minutes

            An apology for inability to attend was reported from Councillor W. Browne.

            The Committee considered the undernoted report:

“1.0    RELEVANT BACKGROUND INFORMATION

1.1    Members will be aware that detailed discussions have been ongoing between central and local government officials, under the auspices of the Transfer of Functions Working Group, regarding the transfer of functions to councils as a result of the RPA and the associated operational and financial implications.

1.2    The Transfer of Functions Working Group was established to provide greater clarity in terms of the scope of the functions to transfer and the associated resources (where known). The Working Group comprises of senior officials from both transferring function Departments and local government including BelfastCity Council with the Chief Executive as Chair of the group.

1.3    Constructive discussions have taken place over recent months to scope the transferring functions that Government Departments are to transfer; the resources attached, and to identify those operational and implementation issues which need to be addressed or require further clarification prior to transfer.  This has cumulated in a suite of draft reports being prepared which set out detail on each transferring function area – copies of which have been circulated.

2.0    KEY ISSUES

2.1    Transferring function Departments are finalising draft proposals with regard to how functions will transfer to local government and it should be noted that the following working assumptions seem to be emerging:

(i)      transfer will be on the basis of an 11 council delivery model which will inevitably result in resources being drawn out of Belfast, towards other parts of the region;

(ii)     funding will be transferred on the basis of grant aid for initial 3 years which will bring with it a degree of centralised scrutiny/oversight.

         The Council will clearly need to give full consideration to the emerging Departmental proposals and the potential resource implications for Belfast. There appears to be a trend whereby central government departments are reviewing how resources can be redistributed from Belfast across the 11 new councils albeit the core funding/policy drivers (e.g. social and economic need) and stakeholder expectations remain unchanged.  This is a major risk for the Council which needs to be managed carefully.  The core principles for moving forward should be that transferring functions should be rates neutral at point of transfer with service continuity paramount.

2.2    STRATEGIC ISSUES

While constructive engagement has taken place over recent months, there still remains the need for detailed work and negotiation on a range of issues, particularly pertaining to funding.  Discussions on transferring functions cannot be progressed in isolation from crucial decisions yet to be finalised on:

(i)      Establishing the true costs of the transferring functions – issues around the transfer of resources and budgets are becoming increasingly complex as the process of due diligence continues to highlight the lack of clarity/detail on the true cost of delivering the services

(ii)     How to ensure there is no adverse impact on the rate base at point of transfer – potential need for some form transitional rates support grant may be required

(iii)    Timetable  ...  view the full minutes text for item 3.

            The Director of Legal Services submitted the undernoted report:

“1.0       Relevant Background Information 

1.1       Members will be aware that there remains uncertainty on whether or not the Review of Public Administration local government reform will progress as currently planned for 2011 with the establishment of 11 new larger councils and the transfer of functions.  There remain a number of key outstanding decisions (e.g. local government boundaries, agreement on how the reform programme will be financed), which will impact upon the delivery of the RPA programme.

1.2       Notwithstanding, there has been two significant legislation Bills recently submitted into the Committee Stages within the NI Assembly and issued for public consultation. These include:

1.   Clean Neighbourhoods and Environment (Northern Ireland) Bill; and

2.   Regeneration and Housing Bill

Both Bills are intended to confer additional statutory powers to local government; enabling councils to deliver more integrated and responsive services at the local level and improve the quality of life of citizens.

2.0       Key Issues

2.1       Clean Neighbourhoods and Environment

            (Northern Ireland) Bill

2.1.1    On 1st March 2010, the Department of the Environment released the draft Bill for consultation, with comments sought by 23rd April 2010.  The Bill seeks to broader the regulatory powers of local government to enable councils to manage and improve their local environments and enable simpler enforcement action to be undertaken.

2.1.2    The Bill seeks to bring forward corresponding provisions already in place within England and Scotland enabling local councils to:

§         create revised powers to deal with nuisance alleyways;

§         deal more effectively with the problem of nuisance vehicles by allowing district councils to remove them immediately;

§         provide a range of new and extended powers to enable more effective control over the problems of litter, free distribution of printed materials and abandoned shopping trolleys;

§         provide a range of new and extended powers to enable more effective control over the problems of graffiti and fly-posting;

§         provide a range of new and extended powers in regard to dog control;

§         provide more flexible powers for dealing with noisy neighbours, night-time noise from licensed premises and nuisance intruder alarms;

§         update the legislation on statutory nuisance; and

§         ensure greater flexibility at the local level for the use of fixed penalty notices.

2.1.3    Members will note that a detailed response, which strongly welcomes the new powers proposed under the Bill, albeit with the caveat that there will be potential resource implications, is being considered by the Health and Environmental Services Committee (a copy of which can be made available to Members on request).  This Bill has been brought to the attention of the Strategic Policy and Resources Committee within the context of the RPA and the potential future service and financial implications associated with the proposed extension to the Council’s statutory powers.

2.2       Regeneration and Housing Bill

2.2.1   The Minister for Social Development, Margaret Ritchie MLA, has recently launched for public consultation a draft Regeneration and Housing Bill which sets out enabling legislation for  ...  view the full minutes text for item 3a

            The Director of Legal Services advised the Committee that correspondence had been received from the Committee for the Environment seeking the Council’s views on the draft Local Government (Disqualifications) (Amendment) Bill.  He explained that the sole purpose of the Bill was to amend the Local Government Act (Northern Ireland) 1972 to make provision to disqualify Elected Members of the Northern Ireland Assembly from holding office as Councillors.

            The Director pointed out that Section 4(1) of the Local Government Act (Northern Ireland) 1972 currently prescribed a range of circumstances which would disqualify a person from holding office as a Councillor.  The Bill would extend the 1972 Act to preclude MLAs from being, or being elected, as a Councillor.  Following Royal Assent, it would be the intention that the Bill would be operative on the day of the next District Council Elections, which were expected to take place in May, 2011.

            The Director of Legal Services stated that the Bill addressed a political issue and an excess of 140 individuals and organisations, including political Parties, had been consulted.  The comments received were strongly in favour of the proposal.  Accordingly, he recommended that the Committee agree not to offer any objection to the introduction of the Bill.

            The Committee adopted the recommendation.

            The Committee was reminded that Polling Day for the Westminster Parliamentary Elections was scheduled to take place on 6th May, with the count commencing immediately after the close of Poll at 10.00 p.m.

            The Head of Committee and Members’ Services reminded the Committee also that it was due to meet on Friday, 7th May, which was the day after Polling Day and the Count.  However, it was recognised that many of the Members would be involved in assisting their Parties’ nominated candidates in the Election and therefore might not be available to attend the Committee meeting on 7th May.  Accordingly, it was recommended that the aforementioned meeting be cancelled and that the business be dealt with at the next meeting scheduled to be held on 21st May.

            The Committee adopted the recommendation.