Agenda and minutes

            The Committee considered the undernoted report:

“1.0Relevant Background Information 

1.1 As Members are aware, as part of his announcement to the Assembly on 30th November, the Environment Minister launched the ‘Local Government Reform – Policy Proposals’ consultation document which set out proposals intended to modernise the governance and legal framework within which district councils operate. It is envisaged that the proposals will, in due course, be translated into a draft Bill (previously known as the Local Government Reorganisation Bill) to be considered by the NI Assembly.

1.2 The consultation document sought views on eight key areas including:

1.      New governance arrangements – proposals in regards to decision making structures; sharing power and responsibility; putting in palace necessary checks and balances (including proposals to introduce a call-in procedure) and ensuring that there is openness and transparency in how councils conduct their business. 

2.      Ethical Standards – proposals for a new ethical standards regime for local government which would include a mandatory code of conduct for councillors with supporting mechanisms for the investigation and adjudication of appeals.

3.      Service Delivery and Performance Improvement - proposals for the introduction of a new service delivery and performance improvement framework for local government.  This would involve a revised, more expansive statutory duty for councils to secure best value and to continuously improve services.

4.      Community Planning – proposals to bring forward a statute based community planning process, led and facilitated by the new councils.

5.      Power of Well-Being – proposals to confer to councils a new power of well-being which would enable councils to take any action that is not already the responsibility of another agency, to promote or improve the well being of their districts.  It is suggested that such a duty would further support the community planning role of councils.

6.      Partnership Panel – proposals to formalise the relationships between the Executive and district councils and provide a form to consider strategic issues collectively.  It is proposed that the Panel will consist of Departmental Ministers and representatives from each of the 11 new councils.

7.      Supervision of Councils – proposals to extend the supervision powers currently available to the DOE to all Government Departments.

8.      Reorganisation of District Councils – seeks views on how key elements of the reorganisation of district councils (e.g. transfer of staff, transfer of assets and liabilities etc) should be progressed.

1.3The closing date for responses to this consultation is 11th March 2011. 

2.0Key Issues

2.1The Council’s draft response to this consultation is attached at Appendix 1, for Members consideration.  The Council has previously made a number of detailed consultation responses in the past on the RPA process and has engaged in the discussions as part of the Policy Development Panels.  The comments as set out in this response therefore reflect views previously expressed by the Council.

2.2Whilst a detailed draft response, is attached at Appendix 1, Members are asked to note the following key points raised within the response:

(i)  ...  view the full minutes text for item 1a

            The Committee was informed that the undernoted requests for the use of City Hall and the provision of hospitality had been received:

            The Committee was reminded that, at its meeting on 20th November, 2009, it had considered a request from the Electoral Office for the counts for the Westminster Elections to be held in the City Hall in 2010.  The Committee had decided that it would not accede to that request. In arriving at that decision, the Committee had recognised that the emphasis placed on the usage of City Hall had changed considerably and that the Council’s efforts to make the building available to a wider range of groups had inevitably led to an increased usage.  Given the uncertainty at that time as to when the election counts would be held, the Committee felt that it would not be possible to give a commitment to the Electoral Office to allow it to use the building when that might require a previously confirmed booking for another event to be cancelled.  The Committee noted that, given the Electoral Office would not know until a relatively late stage when the Westminster elections would be held, it would be unlikely that the situation would change in the future. 

            The Democratic Services Manager reported that correspondence had again been received from the Electoral Office requesting that the Committee give consideration to including the City Hall in the list of venues which the Electoral Office would consider using for election counts.  The letter recognised that any such requests would be subject to availability and was merely seeking an agreement, in principle, for the City Hall to be considered as an appropriate count centre.  He pointed out that the request was different both in content and in tone to previous requests and explained that Members had previously expressed the view that, where possible, the City Hall should be able to be used for Westminster counts, subject to availability and to all logistical arrangements being confirmed to the satisfaction of the Council.  It was considered that the request from the Electoral Office was in keeping with the Committee’s wish to see the building used for a wide range of events and, as such, it was recommended that the Committee accede to the request.  He indicated that the first occasion when the Electoral Office would be likely to approach the Council for use of the building would be for the count associated with the bye-election for the Belfast West Parliamentary Constituency, whenever that was called.

            After discussion, the Committee agreed to accede to the request from the Electoral Office for the City Hall to be considered as an appropriate venue for election counts, subject to availability.  The Committee noted that the Electoral Office would be required to cover any costs incurred by the Council in regard to its use of the building and to pay any hire charges which applied at the time of booking.

            The Committee considered the undernoted report:

“1        Relevant Background Information

1.1       The Strategic Policy and Resources Committee, at its meeting on 24 September, 2010, agreed that a Member Development Steering Group be established comprising one Member from each of the Party Groups supported by officers from the Democratic Services and HR Sections.

1.2       The purpose of the Steering Group is to oversee the development and implementation of an integrated revised Member Development Strategy.

2          Key Issues

2.1       The Steering Group met in December and January and have progressed the following:

2.2       Member Development Charter

2.2.1    The Member Development Charter, a framework currently being used by over 200 Local Authorities in England, has been identified as the most effective tool to develop the Council’s revised Member Development Strategy. The Steering Group has agreed that the Council should adopt the ‘Charter Framework’.

2.2.2    The Northern Ireland Local Government Association (NILGA) in conjunction with the South East Employers Organisation (SEE) will be piloting the Member Development Charter in Northern Ireland. SEE is one of nine regional employers’ organisations which represent the interests of Local Authorities and public sector bodies in England.

2.2.3    NILGA will support up to four Councils or clusters of Councils to help them achieve charter status and will subsidise 75% of the normal £3,000 costs, resulting in a one of charge of £750. NILGA has invited Councils to submit a bid to be considered for one of the four pilots. The Steering Group has recommended that the Council declare its interest in being chosen as one of the pilots. If successful, the Council will undergo an assessment in liaison with NILGA and the SEE at an appropriate time with a view to achieving charter accreditation.

2.2.4    Furthermore, NILGA would like the chosen Council or clusters to share their learning and experience with other Councils and to agree to champion the Charter Framework by having a number of Members and officers trained as assessors.  Although the Steering Group agreed in principle, it was keen to ensure that any time and resource commitment is measured to ensure that significant resources are not required.

2.3       Advice NI Benefits Training

2.3.1    The Member Development Steering Group oversaw the delivery of four sessions of training held by Advice NI to raise the awareness of Members on the relevant issues associated with the Welfare Benefits system.

2.3.2    The training focused on two discrete but complementary areas. The first two sessions dealt with benefits and tax credits for older people, people of working age and children, with the last two sessions concentrating on the changes arising from the Government Welfare Reform Programme and how this will impact on vulnerable groups.  Advice NI also produced a comprehensive Benefits Manual designed specifically for Members as a tool to assist them when dealing with their constituents’ benefits queries.

2.3.3    The Steering Group commented on how useful and worthwhile the sessions were and agreed that further relevant training from Advice NI should form part of the revised  ...  view the full minutes text for item 2c

a protocol which set out how issues which might impact upon the election process should be dealt with in the run-up to Westminster, European, Assembly or Local Elections.  The Election Protocol had served the Council well in the previous six years and was issued to all Council Departments in advance of the “purdah” period, that is, the period from the publication of the Notice of Election until the Count(s) were completed.  This year, the purdah period would run from 25th March until 10th May inclusive.  The Democratic Services Manager reported that the opportunity had been taken to update the Election Protocol prior to it being issued in advance of the Local Elections in May 2011.  In essence, the only material change proposed was the insertion of a paragraph in Section 8 in relation to “Public Meetings”.  Accordingly, a copy of the revised protocol was now being submitted to the Committee for approval and a copy is set out hereunder:

“BELFAST CITY COUNCIL

ELECTION PROTOCOL

1.0       Introduction

This protocol has been prepared primarily to provide guidance to Council Officers in dealing with issues relating to the functions and policies of the Council which might impact on the election process, particularly in the run-up periods to the various elections held in Northern Ireland.  It sets out some general advice and principles to ensure that the impartiality and integrity of Council Officers is maintained during such periods when there is increased political sensitivity.

The protocol also provides useful information to Members of the Council, other elected representatives and prospective candidates for election in terms of the principles which the Council will observe in the run-up period to any election.

2.0       Types of Election

            The four main types of election in Northern Ireland are;

-     Local Council Elections (scheduled for 5th May, 2011)

-     Elections to the European Parliament (last held in June 2009)

-     Elections to the Northern Ireland Assembly (scheduled for 5th May, 2011)

-     Westminster Parliamentary Election (last held in May 2010)

There is also potential for bye-elections in relation to vacancies which might occur at a Westminster level although the introduction of the Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 makes it most unlikely that bye-elections will be required for casual vacancies arising in the Council.

The guidance contained in this protocol relates to all of the elections mentioned above but it does not refer to the actual arrangements and procedures for the running of such elections.

The responsibility for running all elections in Northern Ireland rests with the Chief Electoral Officer for Northern Ireland and enquiries relating to the running of elections should be made to him or his Electoral Officers in Belfast  as set out below:

Mr Graham Shields, Chief Electoral Officer for Northern Ireland, St Anne’s House, 15 Church Street, Belfast, BT1 1ER.

                        Telephone: 0800 4320 712 (freephone)

                        Textphone: 0800 3284 502 (freephone)

                        Fax: 028 9033 0661

                        Email: info@eoni.org.uk

Mr Peter  ...  view the full minutes text for item 2d

            The Committee considered the undernoted report:

            “Relevant Background Information

1.1       The Northern Ireland Local Government Association (NILGA) has written to the Council seeking it views on Council representation on Non-Departmental Public Bodies.  NILGA has explained that this follows concerns voiced by some of its members over the last number of months in regard to their lack of involvement in important decisions, particularly as a result of the absence or reduction in the numbers of elected Members who sit on public bodies.

1.2       Public bodies carry out a wide range of functions on behalf of government. A public body is not part of a government department, but carries out its function to a greater or lesser extent at arm’s length from central government.

1.3       NILGA reports that as of 31 March, 2009, there were 78 public bodies sponsored by the Northern Ireland Executive.  Due to changes as a result of the Review of Public Administration, this figure has now changed slightly. For example, the Health and Social Care Board replaced the existing four Health and Social Services Boards and the Patient Client Council replaced the Health and Social Service Councils. As at 31 March, 2009, 14 of these bodies had Council representation, namely:

·                     Education and Library Boards (x5)

·                     Drainage Council

·                     Patient Client Council

·                     Local Commissioning Groups under the Health and Social Care Council

·                     Local Government Staff Commission

·                     Northern Ireland Fire and Rescue Service

·                     Public Health Agency

·                     Northern Ireland Housing Executive (and NI Housing Council)

·                     NI Museums Council

·                     Sport NI

1.4       NILGA argues that a lack of democratic representation on Non-Departmental Public Bodies reduces the accountability of the bodies and that it is important that decisions about public services and public money are taken as close as possible to local people and local communities by those who have been elected to represent them.

1.5       It is important that central government and local government work together in order to ensure that local communities are strengthened and have the ability to make decisions about their local areas, including what services are offered and what money is spent on improving an area.

1.6       NILGA is seeking the views of all Councils in order to inform its research which aims to gauge the current position on democratic accountability on Public Bodies in Northern Ireland.

1.7       Furthermore, based on the research carried out to date (Appendix 1), NILGA is making the following recommendations:

1.7.1  ‘Introduce community planning as a matter of priority in order to provide a framework to enable delivery of better, more responsive public services where local people have a say in what services are delivered locally.’

1.7.2 ‘Introduce scrutiny powers for local councils which enable locally elected representatives to call Non Departmental Public Bodies to account.’

1.7.3 ‘Introduce a new ethical standards regime and a new Code of Conduct in order to improve confidence in governance arrangements within council structures.’

1.7.4 ‘Lobby for a full commitment by the NI Executive to the European Charter of Local Self Governance.’

            Key Issues

2.1  ...  view the full minutes text for item 2e

            The Committee was reminded that the “Shaping Our Future Regional Development Strategy 2025 – 10 Year Review” consultation document had been launched by the Minister for Regional Development on 6th January.  A public consultation process had been initiated and the Department for Regional Development had requested that comments be submitted by 31st March.  A special meeting of the Development Committee had been scheduled for 24th March to give consideration to a draft response on behalf of the Council.

            The Democratic Services Manager explained that the purpose of the Regional Development Strategy was to provide an overarching, spatial framework to influence the future distribution of activities throughout the Region to 2035.  The document examined the factors which were having an impact on the region, set out aims and provided guidance on how those aims could be achieved.  It was intended that the review would result in a revised Strategy which would replace the one which had been published in 2001 and which had been subsequently amended in 2008 after a five year review.

            He reported that the Local Government Association, in conjunction with the Department for Regional Development, was holding a consultation event specifically for Councillors and officers to examine the revised Regional Development Strategy.  Attendance at this event would provide an opportunity for Councillors to have their views heard and would also allow Members to be aware of further issues affecting other Councils from across Northern Ireland.  The event would be held at the Old Courthouse, Antrim on Tuesday 1st March from 10.30 a.m. to 1.30 p.m.

            The Committee authorised the attendance at the consultation event of any Member who so wished, together with the relevant officers who were involved in drafting Council’s response to the consultation.

      The Committee considered the undernoted report:

“Relevant background information

      The Strategic Policy and Resources Committee agreed at on 18 June 2010 that:

·         the council would produce financial reporting packs for the Strategic Policy and Resources Committee and each Standing Committee on a quarterly basis

·         the Budget and Transformation Panel would also receive monthly financial updates if there were any significant issues to report.

      The reporting pack contains a summary dashboard of the financial indicators and an executive summary explaining the financial performance. It also provides a more detailed explanation of each of the relevant indicators covering the year to date and forecast financial position, progress in year on the capital programme, implications for reserves, payments to creditors and recovery of debt.

      The style and layout reflect much of the discussion and feedback arising from the members’ financial training at the end of September 2010.  As we previously advised the committee, we will continue to develop the style and contents of the reports in liaison with members.

      Central finance and departmental management teams have worked together to develop the information within the financial reporting packs.

Key Issues

      Current and Forecast Financial

      Position 2010/11 and Implications for Reserves

      The current year to date financial position for the council is an under spend of some £0.7m (0.8%) with a forecast end of year under spend of some £0.6m (0.5%).

      As in quarter 2, the key elements of the under spend relate to the current unutilised pay rise budget, additional electricity generation income, fuel costs being lower than anticipated, the deferred roll out of food collection as part of waste management and delays in the filling of vacant posts.

      In addition, the forecast also reflects:

·         the utilisation of £0.7m of the 2010/11 under-spend, £0.5m less than was agreed at Strategic Policy and Resources Committee on 19th November 2010, due to fewer voluntary redundancies than had been anticipated; and

·         increased savings in committees compared to the previous quarter’s forecast.

      This year to date and forecast position reflects the recent notification from LPS of an estimated claw back amounting to £3.5m for 2010/11 (compared to £600k at quarter 2). LPS are trying to take actions to reduce this estimated clawback, (potentially by up to £0.5m) but there are many factors which could impact on the final position which will be declared in September.

      At the Budget and Transformation Panel meeting on 8 February 2011, Members recommended that the claw back should be covered from this year’s under spend, assuming there were sufficient resources available. This recommendation was made on the basis that deferring payment in the context of a volatile rate base may compound the council’s financial position in future years.

      Members should note that the key drivers of the under spend have been addressed as part of the rate setting process for 2011/12. For example, the estimates for 2011/12 only cater for a pay rise for those staff who earn less than £21,000 per annum.

      The district reserves of the council were  ...  view the full minutes text for item 3a

            The Director of Finance and Resources submitted for the Committee’s consideration the undernoted report:

“Relevant Background Information

      The SP&R Committee gave approval on 22 October 2010 to secure a proportion of the 2010/11 under spend to fund potential voluntary redundancies (VR) this financial year.

      It was agreed that specific proposals in relation to potential voluntary redundancies in targeted areas such as Finance & Resources, Parks & Leisure Services and Facilities Management would be developed with a view to bringing these back to standing Committees/Strategic Policy and Resources Committee for approval. 

      Permission to release 2 people on VR in the Finance and Resources Department was given at Strategic Policy and Resources Committee on 21 January 2011.

Key Issues

      The voluntary redundancies identified within the Finance and Resources Department were two Secretarial Assistant posts. The deletion of these two posts was identified during the review of Finance and Resources Business Support, the aim of which was to improve effectiveness and ensure a more flexible business support service throughout the department.

      The outcome of the review of the business support function, including the changes under VR, is as follows:

Current staffing establishment:

Total of 28 posts

Proposed staffing establishment:

Total of 25 posts

      In summary the overall effect of this means two voluntary redundancies (as previously agreed by committee) and one Business Support Clerk will move back to the basic grade pool to be redeployed elsewhere.

      Management wishes to implement the above changes in order to provide greater flexibility; better alignment of resources across the department; and better planning and coordination. 

      A significant consultation exercise has taken place with the trade unions and staff members between October 2010 and January 2011. While management considers much progress to have been made in moving towards the trade union side position and with the individual employees concerned, the trade unions have advised they do not endorse the management proposal.

      The proposals set out above however present a clear business case for the voluntary redundancy of two secretarial posts and an alignment of remaining resources across the department. There is no compulsory redundancy nor financial detriment to any member of staff.

Resource Implications

      Financial (as reported to Committee on 21 January 2011)

      The one off cost to the council to release the two Secretarial  ...  view the full minutes text for item 4a

            The Committee was reminded that, as part of the City Investment Strategy, it had agreed to co-ordinate the acquisition of lands to allow the Connswater Community Greenway to proceed. It was reported that two areas of land had been identified as being required to help complete the Greenway route and associated landscaping.  The first was an area of 0.19 acres of land at Ladas Drive and Council officers had agreed, subject to the Committee’s approval, to purchase the land from Castlereagh Borough Council for the sum of £9,500 on the condition that the land shall be used for amenity purposes only.  The second was an area of 133.2 square metres of land at the Loop River, adjacent to Ladas Drive. Subject to the Committee’s approval, Council officers had agreed to purchase the land from Castlereagh Borough Council at a cost of £1,000. 

            The Committee granted approval for the purchase of the two areas of land as outlined.

            The Committee considered the undernoted report:

“1        Relevant Background Information

1.1       In February 2008, Council approved the appointment of Renewable Power Systems Ltd as a joint venture partner for the generation of electricity from landfill gas at the North Foreshore. This led to the installation of five x 1 Megawatt generators which became operational in September 2009. Electricity is sold to NIE and exported to the local grid via a NIE sub-station sited at the North Foreshore.

2          Key Issues

2.1       Each generator requires a supply of 600 m³ of landfill gas per hour to operate at maximum efficiency.

2.2       In September 2009, the gas field was producing in excess of 3000 m³ of landfill gas per hour.

2.3       As anticipated, a gradual natural decline in the volume of gas has occurred and output is now in the region of 2400 m³ per hour.

2.4       It is anticipated that the volume of landfill gas will continue to decline over the foreseeable future but at a slower rate. It is not possible to give accurate predictions of gas volumes as his depends on the composition of waste, the rate of decomposition, temperature, rainfall, seasonal weather conditions and atmospheric pressure.

2.5 On the advice of Renewable Power Systems Ltd, our Joint Venture Partner, one generator must now be removed to operate the facility at maximum efficiency

3          Resource Implications

            Financial

·       The gross accrued income to the Council from the sale of electricity, together with government incentives for the generation of ‘green’ electricity from landfill gas, will amount to c £3.35 million for the period September 2009 to August 2010.

·       The net accrued income to the Council after profit sharing with our joint venture partner will be in the region of £1.5 million which is at the top end of £1.0 million to £1.5 million as estimated in 2008. An income of £1.5 million represents a 60% per annum return to Council.

·       The joint venture procurement process evaluated the set-up and operational costs associated with this facility. This included the cost of removing one generator during the second year of operation. The cost is currently £230,340.

·       The removal of one generator will reduce the council’s plant fee cost by 20% or £269,132 per annum. The removal cost will be recovered within one year.

·       Whilst the volume of landfill gas and hence the quantity of electricity generated will continue to decline, it is worthwhile noting that the wholesale price of electricity on the All Ireland Electricity Market has increased by roughly 30% over the past year. If this continues, the loss of income through reduced generation will be minimised

3.2       Other Implications

·       It is clearly in the interests of the Council that the volume of gas and electricity generation be maximised. Whilst we have no control over the volume of landfill gas produced from decomposing waste, the council could initiate a process whereby diminishing volumes of landfill gas can be replaced by biogas produced by means of anaerobic digestion.

In an  ...  view the full minutes text for item 5b

            The Committee was reminded that the Mountain Tea House at the Belfast Zoological Gardens had been destroyed by a fire in June, 2009. The design and procurement process for the replacement building was underway and the expenditure incurred (less excess) would be reimbursed through an insurance claim.

            The Director of Property and Projects reported that the Parks and Leisure Committee, at its meeting on 10th February, had considered a report and associated business case which was proposing to extend the external patio area at the Tea House at an additional estimated cost of £58,000.  That Committee had approved the proposal and commended it to the Strategic Policy and Resources Committee for consideration for inclusion in the Capital Programme, subject to the gates process.

            The Committee adopted the recommendation.

            (Mr. D. Robinson, Good Relations Officer, attended in connection with these items.)

            The Committee approved the minutes of the meeting of the Memorabilia Working Group of 7th February.

            The Committee approved the minutes of the meeting of the Good Relations Partnership of 7th February.

            The Committee was advised that a request had been received from the Services Industrial Professional and Technical Trade Union (SIPTU) to address the Committee as part of its campaign to protect the Community Sector, the service users and providers of vital services to the local community. 

            The Committee agreed to hold a briefing session, to which all Members of the Council would be invited, for that purpose.

            The Committee considered the undernoted report:

“1.0 Relevant Background Information 

1.1 The Council, at its meeting on Tuesday 1st February, considered the undernoted Notice of Motion submitted by Councillor Mac Giolla Mhín:

         ‘This Council welcomes the recent release of a consultation document by the Department for Regional Development on the introduction of bi-lingual traffic signage.  The Council supports the introduction of such signage in Belfast, which would assist the Council in demonstrating the cultural diversity which the City enjoys and enhance the potential for the success of its various tourism initiatives.’

      The Council referred consideration of the Motion to the Strategic Policy and Resources Committee.

      It should be noted that the consultation runs from 10th January 2011 to 11 March 2011.  Following consideration of all responses a final Equality Impact Assessment will be published on the Department’s website at www.drdni.gov.uk.

1.2 The draft policy is intended to facilitate the introduction of a limited number of certain bi-lingual traffic signs in English and either Irish or Ulster–Scots for the specific purpose of promoting minority languages.  DRD states that this policy will help the department meet its commitments under the European Charter for Regional or Minority Languages, which came into force on 1 July 2001.

      The purpose of the consultation is to obtain:

·         Views on the draft policy itself

·         Views on the draft assessment of the equality impact of the draft policy; and

·         Any further information which could be useful in assessing those equality impacts

1.3 Equality Impact Assessment (EQIA)

      The draft EQIA examines the various factors influencing the policy development and how these factors impact on the section 75 groupings. 

      In developing the draft policy three main options were considered which are as follows:

·         Do nothing – was deemed not commensurate with the overall desire to include either Irish or Ulster Scots on traffic signs for the specific purpose of promoting both languages.  It was therefore set aside

·         Treat all traffic signs bi-lingually – was deemed would place an enormous burden on Roads Service in terms of finance, to replace the signs, and staff resource.  This option could not be justified for economic reasons.

·         Consider a limited range of signs for treatment – the final option was to consider a limited range of signs which, when treated bi-lingually, could be confined to discrete areas where a level of support could be confirmed.  This is the Department’s preferred option.

      In light of the differential impacts highlighted in the EQIA it is recommended that the Draft Equality Impact Assessment is referred to the Party Groupings on the Council for individual consideration and comment.

1.4 Summary of the Draft Policy

      Documentation issued by the DRD states that the draft policy is intended to facilitate the introduction of a limited number of certain bi-lingual traffic signs in English and either Irish or Ulster-Scots for the specific purpose of promoting minority languages.

      The draft policy will permit the inclusion of either Irish or Ulster-Scots, as well as  ...  view the full minutes text for item 7b