Agenda item

The Committee was reminded that the Department of the Environment had issued recently for consultation the policy proposals which were to be contained within the Regulations which would bring into effect the Statutory Transition Committees.  An initial draft Council response to the consultation document had been submitted to the Belfast Voluntary Transition Committee on 8th February and had been deferred to allow Members the opportunity to further examine and discuss the proposals which had been put forward, with a final draft response to be submitted to the Strategic Policy and Resources Committee.  Accordingly, the undernoted response in this regard was submitted for the Committee’s consideration:

 

 

“Annex 2: POLICY PROPOSALS FOR CREATION OF STATUTORY TRANSITION COMMITTEES

 

         BELFAST CITY COUNCIL

 

         DRAFT RESPONSE

 

         INTRODUCTION

                                                   

 

         Belfast City Council welcomes the opportunity to respond to the policy proposals for the establishment of Statutory Transition Committees issued by the Department. The Council believes that Statutory Transition Committees have an important role to play in taking forward necessary preparatory work around local government reform in advance of the Shadow Councils becoming operational in June 2014 and in strengthening the working relationships between merging councils.

 

         It is important to recognise the specific circumstances of the Belfast Statutory Transition Committee and the fact that the Council is not fully merging with any other council(s) but rather assimilating parts of adjacent Lisburn, Castlereagh and a small portion of North Down areas.   Notwithstanding, the Council is fully aware of the importance of representation from Lisburn and Castlereagh on the Belfast Statutory Transition Committee given its role in planning for the new larger geographical area. 

 

         The Council therefore welcomes the proposal set out within the paper that the Belfast Statutory Transition Committee would consist of 25 Members including representation from Castlereagh Borough and Lisburn City Councils. The Council further notes the recommendation set out within the paper stating that the “Department expects most STCs will retain the same members as the former VTCs”.  As the current Belfast VTC comprises 21 members, it is understood that the other 4 members on the Belfast STC would come from Lisburn and Castlereagh.  The Council has previously agreed that those Members must be representative of those areas coming into Belfast as the role of the STC will be to plan for the new geographical area.

 

         The Council is aware that when the enabling primary legislation (i.e. Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010) had been adopted; it was within the context of there being no Shadow Council period being put in place.  With the introduction of Shadow Councils in June 2014, it will be important that there is clarity of role; with a core focus of Statutory Transition Committees being to take forward necessary preparatory work to enable the Shadow Councils to take decisions and progress key strands of work to ensure the establishment and operation of the new councils in April 2015.  

 

         The Council would seek clarification on the anticipated timescale for bringing forward Statutory Transition Committees and the subsequent operational lead-in time to the Shadow Councils scheduled for June 2014. 

 

         The Council would highlight that the level of information and detail provided within the policy proposals paper issued is somewhat limited and would suggest that it would have been beneficial if further detail was made available on the draft regulations.  This would have enabled councils to have a more informed consideration of the proposals being brought forward.

 

         BELFAST CITY COUNCIL COMMENTS ON SPECIFIC QUESTIONS

 

         Q1. Does any other task need to be specified in the regulations?

 

         COMMENTS

 

-          In terms of the specific tasks set out for Statutory Transition Committees (para 7 of policy proposals paper), the Council would seek further clarification and detail in relation to the role of the STC in preparing a budget for STC & Shadow Council within  the context of its relationship with constituent councils and the rates setting processes.

 

-          The Council would suggest that STCs could prepare a draft mission /vision/values statement as a prelude to work on Corporate and Business Planning to be taken forward by Shadow Councils. Indeed, the establishment of a vision is a necessary element of preparing for the introduction of Community Planning.

 

-          STCs may also wish to progress preparatory work in regards to appropriate draft governance procedures, including Standing Orders, be available prior to the commencement of operation of Shadow Councils.

 

         Q2. Should the Department require that existing Councils get the consent of STCs if intending to dispose of land or enter into new contracts

 

         COMMENTS

 

-          Given the specific circumstances of the Belfast Statutory Transition Committee as referred to above, the Council believe that there is no need for such provisions in relation to decisions taken by Belfast City Council and the Statutory Transition Committees.

 

-          If such provisions are to be introduced they should apply to any activity which relate to those new areas from Lisburn, Castlereagh and North Down coming into Belfast and not to those parts of the city not impacted upon by the boundary changes.

 

-          Consideration must be given to the interface/relationship between the Lisburn/Castlereagh Statutory Transition, and the constituent councils of Lisburn City and Castlereagh Borough,  with the Belfast Statutory Transition Committee regarding any such decisions which impact upon those transitional areas moving into Belfast.

 

         Q3. Given that all clusters have now constituted VTCs, is it sensible to replicate the same membership arrangements or the statutory phase.

 

         COMMENTS

 

-          The Council welcomes the proposal set out within the paper that the Belfast Statutory Transition Committee would consist of 25 Members including representation from Castlereagh Borough and Lisburn City Councils. The Council further notes the recommendation set out within the paper stating that the “Department expects most STCs will retain the same members as the former VTCs”. 

 

-          As the current Belfast VTC comprises 21 members, it is understood that the other 4 members on the Belfast STC would come from Lisburn and Castlereagh.  The Council would commend that those Members must be representative of those areas coming into Belfast as the role of the STC will be to plan for the new geographical area.

 

         Q4. It is proposed that a member of an STC would be removed if he/she did not attend for 3months. Should this period be shorter or longer?

 

         COMMENTS

 

-          The Council would highlight that Section 9 (vacation of office on account of non-attendance) of the Local Government Act (Northern Ireland) 1972 refers to a period of 6 months consecutive and also includes a provision that enables an appropriate reason (e.g. sickness) for non-attendance to be approved in advance by a council and therefore vacation of office would not apply.   

 

-          The Council would commend that similar provisions be considered for inclusion in the STC Regulations.

 

         Q5. Should there be a lump sum allowance, rather than an attendance allowance for each meeting? If a lump sum is paid, how much should it be?

 

         COMMENTS

 

-          The Council would highlight that in the previous period of reform and operation of Voluntary Transition Committees (VTC), each Member represented on the VTC had been given an allowance of £2,700 pro rata, funded by the Department. This allowance was to take account of the additional activities linked to reform programme and work of VTC.

 

-          Within Belfast City Council, Members’ remuneration is not based on attendance allowance for meetings but rather every Member receives a basic allowance. In addition to this a special responsibility allowance is given for specific key positions within the council e.g.  Chairs and deputy Chairs of Committees, Party Leaders etc.

 

-          The Council would seek early confirmation on how Members’ remuneration, and other operational costs, which may be attached to STCs will be funded.  Whilst recognising that the Environment Minister has included such costs in the funding bid submitted to the NI Executive, it is aware there has not yet been a final decision taken by the NI Executive on funding.

 

         Q6. Do you agree that governance and procedures for STCs reflect those presently in place for VTCs

 

         COMMENTS

 

-          Whilst the Council believe that the current governance and procedures in place for the voluntary Transition Committees have been appropriate, if STCs are to be given decision making powers, due consideration must be given to the relationship and governance arrangements between STCs and constituent councils. 

 

-          For example, are constituent councils required to agree to delegate authority to STCs to undertake certain functions or take decisions on specified issues. Due consideration should be given to the information flow between the STCs and constituent councils.

 

-          The Council is aware that the primarily legislation underpinning the creation of  STCs (i.e. Local Government (Miscellaneous Provisions) Act (Northern Ireland) 2010; states  that STCs are to be established as ‘Bodies Corporate’ 

 

-          Could the department confirm if this would still be the intention and what would be the key legislative and operational implications of this for STCs to be established e.g. would STCs require separate accounts etc..

 

         Q7. Do you agree with the duty for sharing information? If so, should it be extended to any other bodies?

 

         COMMENTS

 

-          In pursuance of ensuring a transparent process, the Council believe that it is important that appropriate information is shared in an open manner.  In addition to information flowing from constituent councils to STCs, the duty should be extended to require STCs to share relevant information with constituent councils during the transition period.

 

         Q8. Do you agree that STCs should appoint Chief Executives and other senior staff?

 

         COMMENTS

 

-          The Council would note from the recent ‘Reform Inform Bulletin’ issued by the Department that  there still remains a number of key decisions still to be taken regarding, for example,  the method of appointment for Chief Executives and senior staff posts, the principles which will underpin any recruitment process.  It is further understood that these matters are being taken forward through the local government reform implementation structures established by the Environment Minister and is subject to legal advice. Once this advice is available to Council will consider its position.

 

         Q9. Do you agree existing councils should apply administrative staff on a temporary basis, prior to STCs appointing own staff?

 

         COMMENTS

 

-          In principle yes, albeit consideration will need to be given to any financial and HR implications for the constituent councils in doing so. The Council believes that the extent of administrative (and financial) work which will be required needs to be quantified at an early state to enable councils to assess staffing requirements.

 

         Q10. Do you agree constituent councils should provide accommodation?

 

         COMMENTS

 

-          In principle yes, albeit consideration will need to be given to any financial and/or operational implications.

 

         Q11. Do you agree with the approach that STCs will be wound up 21 calendar days after the election of the new council, once they have arranged the first meeting of the new council in shadow mode?

 

         COMMENTS  

 

-          The Council would support approach outlined of winding up STCs 21 calendar days after the election of the incoming new Council in Shadow form.”

 

 

            After discussion, the Committee approved the draft response.