Agenda item

            The Committee considered the undernoted report:

“1        Relevant Background Information

1.1       The Belfast Harbour Order (Northern Ireland) 2002 provides that a maximum of four of the Harbour Commissioners shall be Members of Belfast City Council.

1.2       In past years, the nomination of the four members to fill these positions was determined as part of the overall pool of appointments to Outside Bodies, using the d’Hondt system of proportionality, at the Annual Council meeting immediately following the local elections.

1.3       The Council was informed on 27th April by the Department for Regional Development that concerns had been expressed by the Commissioner for Public Appointments in relation to the appointments process in that the Council was not providing a number of candidates from which four would be

            chosen to fill the positions following a public appointments process.  Accordingly, the Department indicated that it would inform the Council of the process to be applied after the Assembly elections had been completed and the new Minister appointed.

1.4       Correspondence has been received from the Department dated 6th June (copy attached at Appendix 1) indicating that the Council should provide to it the names of eight Members who would be willing to serve as Commissioners from which four would be selected following an interview.

1.5       The Department has also pointed out that, in normal circumstances, a Councillor would not be permitted to serve more than two terms (normally of four years each) as a Commissioner and no more than ten years in total.  Although there may be some flexibility in relation to the first condition, subject to Departmental permission, the ten year rule is absolute and Members are requested to bear this in mind.

2          Key Issues

2.1       This matter was discussed at the meeting of Party Leaders on 25th May when the allocation of places on Outside Bodies was being determined and it was decided that, due to the uncertainty which existed at that time as to the Department for Regional Development’s intentions, the nomination of Members to the Harbour Commissioners should be dealt with by the Committee as a separate matter.

2.2       The Committee is reminded that, in December, 2009, when it was considering the appointment of Members to the newly constituted Interim Belfast Education and Library Board, it was decided that a one-off selection process using the d’Hondt system was the proper way to proceed.

2.3       In keeping with this principle, a one-off d’Hondt exercise for eight names would provide the following result:

Sinn Fein – choices 1, 3 and 7

DUP – choices 2, 5 and 8

SDLP – choice 4

Alliance – choice 6

2.4       Alternatively, the Committee might decide that it should continue to run on the existing d’Hondt table of choices, which was used for the appointment of Members to Outside Bodies at the Annual Council meeting on 26th May, for the next available eight choices.  Using this system the following results are achieved:

Sinn Fein – choices 38, 41 and 44

DUP – choices 37, 40 and 43

SDLP – choice 42

Alliance – choice 39

2.5       The same results are achieved by using either methodology.  That is, three Sinn Fein nominations, three DUP nominations and one nomination each from the SDLP and Alliance.

3          Resource Implications

            None.

4          Equality and Good Relations Implications

            None.  The identification of those Parties entitled to nominate members for consideration for appointment is based upon the Council’s accepted system of proportionality.

5          Recommendations

5.1       In order to ensure a consistency of approach, the Committee is recommended to employ a one-off d’Hondt process for these appointments which would provide for three Sinn Fein nominations, three DUP nominations and one nomination each from the SDLP and Alliance.

5.2       Similarly, in order to be consistent with the approach taken when considering appointments to the Interim Belfast Education and Library Board in 2009, the Committee is recommended to advise the Department for Regional Development that the application of the Council’s system of proportionality would provide for the first four of those eight choices being two Sinn Fein representatives (choices 1 and 3), one DUP representative (choice 2) and one SDLP representative (choice4).

6          Decision Tracking

            Stephen McCrory, Democratic Services Manager

            5th July, 2012.”

            After discussion, during which the Democratic Services Manager explained the rationale for using the two different D’Hondt exercises and the outcomes which would result, it was

            Moved by Councillor Jones,

            Seconded by Councillor Hendron,

      That the Committee agrees to continue to run the existing D’Hondt table of choices which had been used at the Annual Council Meeting on 6th May for the appointment of Members to Outside Bodies as outlined in paragraph 2.4 of the report.

            On a vote by show of hands three Members voted for the proposal and fifteen against and it was accordingly declared lost.

Further Proposal

            Moved by Councillor Maskey,

            Seconded by Councillor Mullan,

      That the Committee agrees to adopt the recommendations and use a one-off D’Hondt process for the appointments.

            On a vote by show of hands fifteen Members voted for the proposal and three against and it was accordingly declared carried.