Agenda item

            The Committee considered the undernoted report which provided an update in relation to the Review of Public Administration:

 

“1.0       Relevant Background Information

 

1.1       The Review of Public Administration (RPA) process is now entering into the critical stage of implementation whereby legislation is being drafted, delivery structures established and active consideration being given to the transitional arrangements to be put in place to support local government reform within Northern Ireland. 

 

1.2       Members will note that there have been a number of developments in regard to the RPA since the last update provided to Committee at its meeting in October 2008.

 

2.0       Key Issues

 

2.1       Members will accept that the challenge ahead cannot be underestimated and ensuring that the Council is engaged within the process is paramount to ensuring that the best interests of the citizen, the Council and wider local government sector is pursued throughout the process.

 

2.2       Legislative Timetable – Critical Path

 

2.2.1    It is important to recognise that the key driver for the RPA process over the next 6-12 months will be the need to meet the legislative timetable.  The current legislative timetable is as follows:

 

1.      Local Government (Contracts) Bill             July 2009

2.      Local Government (Modernisation) Bill     January 2010

3.      Local Government (Finance) Bill                 April 2010

4.      Local Government (Re-organisation) Bill  May 2011

 

Other key milestones in the process are as follows:

 

§         Final Report of Boundaries

      Commissioner                                                  June 2009

§         Report of District Electoral Area

      Commissioner                                                  July 2010

§         Local Government Elections                         May 2011

 

2.2.2    A briefing paper (SLB 52/2008) and associated RPA critical path timeline which had been submitted by the joint NILGA/DoE Secretariat for the consideration of the Strategic Leadership Board at its meeting on 7th November has been circulated.

 

2.3       Update on Policy Development Panels

 

2.3.1    Members will note that is intended that the initial proposals emerging from the three Policy Development Panels in regard to the necessary Primary (enabling) Legislation will be submitted for the consideration of the RPA Strategic Leadership Board at its meeting in November 2008, and subsequently submitted to the NI Assembly for consideration in advance of the proposals being issued for formal consultation (3 months period) in early 2009. 

 

2.3.2    Members will note further that subordinate legislation has still to be drafted which will provide greater detail around the emerging proposals and take account of the practical implementation issues.  Accordingly, it will be important that the Council continue to be actively engaged (at both elected Member and Officer level) within the Policy Development Panels and the other RPA implementation structures established (refer to point 2.4 below).

 

2.3.3    PDP A (Governance, Community Planning, Central-Local Government Relations) has set out its initial proposals in relation to high level governance arrangements for the new Councils, post 2011 (considering issues such as decision-making structures, proportionality, standards, codes of conduct, oversight and transparency); the framework for the council-led community planning process; and has set out the proposed framework for the formalisation of relations between central and local government i.e. establishment of a statute based Partnership Panel along the lines of the Welsh model.

 

2.3.4    At this stage there are no formal proposals being put forward by PDP C (Service Delivery) for the consideration of the RPA Strategic Leadership Board.  Nevertheless, work is ongoing in regards to the development of, for example, a draft Customer Service strategy, draft IS Strategy etc. A series of sub-groups have been established to take these issues forward and, again, the Council is actively engaged within these groups to ensure, as is reasonably possible, alignment with the Councils own improvement activities.

 

2.3.5    PDP C (Structural Reform) has set out its emerging policy proposals relating to those structural reform elements which require primary legislation in the areas of human resources, capacity building, finance, estates, regional and sub-regional design and the transfer of functions from central to local government.  Examples of some of the areas identified as requiring primary legislation include: enabling the effective transfer of staff, assets and resources; necessary provisions to allow for the payment of compensation in relation to the early release of staff; necessary provisions to enable transferring departments to make grants to fund certain functions transferring to the new councils etc.

 

2.4       RPA Implementation Structures

 

2.4.1    Correspondence has recently been received, dated 27th October, from the Environment Minister, Sammy Wilson, MLA, in regard to his proposals for the implementation of the Local Government Reform Programme.

 

2.4.2    The Minister has indicated that statutory Transition Committees will be introduced for the 11 council areas in advance of the new Councils being elected in May 2011 and that there will be no shadow council period after the May 2011 elections with the new councils assuming full power and responsibility on the fourth day after polling day. 

 

2.4.3    The Minister has also stated that each Transition Committee, one for each new council area, will consist of no more than 16 councillors, with an initial resource package of £150,000 made available to all the cluster Councils to pay for change management, staff and additional allowances to Members for sitting on the Transition Committees.

 

            Transition Management Teams

 

2.4.4    The Transition Committees would be supported by a Transition Management Team comprising of senior management representatives from the merging Councils.  The Transition Management Team will have responsibility for the ongoing operational management of the transition at the local level and will work under the direction of the Transition Committee.

 

2.4.5    The Department of Environment has issued initial guidance on the establishment of Transition Committees and Transition Management Teams.  It is intended that the guidance will support a consistent approach across all council areas to the establishment of such structures.

 

            Regional Transition Co-ordinating Group

 

2.4.6    In his correspondence, dated 27th October, the Environment Minister outlined his intention to establish a Regional Transition Co-ordinating Group to support the RPA transitional process and to provide advice and detailed guidance to the RPA Strategic Leadership Board and Transitional Committees on implementation and transitional matters.

 

2.4.7    The Regional Transition Co-ordinating Group will provide the essential interface between the strategic policy direction set by the Strategic Leadership Board and its Policy Development Panels, and the local policy set by the Transition Committees and their operational delivery teams (the Transition Management Teams).  The Regional Transition Co-ordinating Group will be responsible to the Strategic Leadership Board for co-ordinating and supporting the consistent implementation of the regional reform policies across the 11 council areas.

 

2.4.8    It would be the intention that the Group would be chaired by Paul Simpson (the Deputy Secretary of the DoE) and comprise of senior officials from transferring function Departments, 3 local government Chief Executives and representatives from other key stakeholder groups e.g. Local Government Staff Commission, NILGA etc. 

 

2.4.9    Members will note that the Society of Local Government Chief Executives has nominated The Chief Executive of Belfast City Council as the deputy chair of the Group.

 

2.5       Belfast Transition Arrangements

 

2.5.1    The guidance issued by the DoE recognises that as Belfast City Council will not merge with any other Council it ‘will require its own Transition Committee arrangement; the detail of the Belfast approach can be developed in due course but the principles which are set out in the paper should apply where appropriate’.

 

2.5.2    It is suggested that the Council nominate the Council’s Strategic Policy and Resources Committee as its Transition Committee.  The Committee is already constituted under proportionality principles.  It is further suggested that for the duration of the RPA process until May 2011, the Strategic Policy and Resources Committee should meet twice a month with one meeting designated to deal with the transition issues set out in the attached guidance.  Members of the Committee will be entitled to an additional allowance of £2,700 per annum.  This should be paid to the existing Members of the Committee from the date the DoE indicate they are content that the Council should use an additional Strategic Policy and Resources Committee meeting as the Transition Committee.  Members will be aware that membership of the Committees in the Council will be subject to review by the Council in May 2009.

 

2.6       Transfer of Functions

 

2.6.1    Members will note that whilst Policy Development Panel C (Structural Reform) had originally been tasked with drafting the necessary policies and legislation to support the transfer of functions from central to local government, recent discussions with DoE officials has reported that it would not be the intention to take forward a single tranche of legislation to cover the transfer of functions, but rather, each transferring department would take forward individual tranches of legislation to enable the transfer of functions.

 

2.6.2    Members will accept that caution should be taken to ensure that such a fragmented approach to taking forward necessary legislation does not result in any dilution or delay in the transfer of functions to local government.  It is suggested that a more appropriate approach may be to take forward a combined Local Government Transfer of Functions (NI) Order which would reflect the approach applied in the 1972 reform of local government in Northern Ireland.

 

2.6.3    Notwithstanding, the Environment Minister has written to all Ministerial colleagues stating his support for the statement of principles to underpin the transfer of functions developed by NILGA on behalf of local government. The principles are centred on openness of approach, consistency with the Ministerial statement to the Assembly on 31 March 2008 and ongoing consultation with the sector throughout the process.  In his correspondence the Minister has encouraged his Ministerial colleagues to support these principles as we move into the implementation phase of the local government restructuring programme.

 

2.7       Severance Scheme for Elected members and Co-Option

 

2.7.1    The Environment Minister has indicated that the details of a proposed severance scheme for Councillors will be issued for consultation by the end of the year. It is our understanding that the Secretary of State is currently considering the introduction of legislation which would allow co-option onto Councils simultaneously to the enactment of the severance scheme legislation. 

 

2.8       Internal Support Structures

 

2.8.1    Inevitably, the level of RPA related activity will grow in intensity and scope throughout the transitional period and its management and delivery must be adequately resourced and co-ordinated. The Council will need to take forward its internal preparation and changes required to support an effective RPA transition as well as ensuring that it engages within the delivery structures established to take forward the RPA.

 

2.8.2    It would be the intention that a series of focused task and finish officer working groups would be established to examine in detail the key emerging issues and to liaise with elected Members to formulate corporate positions as required. 

 

2.8.3    The Council’s Strategic Policy and Resources Committee will be continually engaged within the RPA process and political direction sought as required.  This is further facilitated by the fact that the Strategic Policy and Resources Committee now meet twice a month enabling greater discussion around the RPA and associated issues.

 

3.0       Resource Implications

 

            Whilst there is clearly substantial Human Resource and financial implications attached the Council’s ongoing involvement and management of the RPA change process, it will be difficult to quantify until a detailed programme of work is put in place.

 

 

4.0       Recommendations

 

            Members are asked to:

 

(a)     note the contents of this report;

 

(b)    determine whether they wish to nominate the additional meeting of the Strategic Policy and Resources Committee as the Council’s Transition Committee and write to the Environment Minister to agree the Terms of Reference for the Committee.”

 

            The Chief Executive explained that the Minister for the Environment had proposed the introduction of Statutory Transition Committees, as opposed to shadow Councils, for the eleven new District Council Areas to oversee the implementation of the Local Government Reform Programme.  An amount of £150,000 would be made available to each Council to resource the change management implications, staffing and the payment of an additional allowance of £2,700 to each Member who sat on the Transition Committee. 

 

            The Department of the Environment had recognised that, since Belfast would not merge with any other Council, it would require its own Transition Committee arrangements.  Therefore, it was suggested that the Council should nominate the Strategic Policy and Resources Committee as the Council’s Transition Committee.  The Chief Executive reminded the Members that it had been agreed recently to hold two meetings per month of the Strategic Policy and Resources Committee and that the additional meeting could be used for the meeting of the Transition Committee.  He indicated that he would speak to representatives of the Department of the Environment and write to the Minister on the Terms of Reference for the Committee, which would be brought back to the Committee for approval.

 

            The Committee agreed that the Council be recommended to appoint the Members of the Strategic Policy and Resources Committee as the Council’s Transition Committee, the additional meeting of the Committee be used for the meetings of the Transition Committee and a letter be forwarded to the Minister with responsibility for the Department of the Environment to agree the Terms of Reference for the Committee.