Agenda item

            The Committee was reminded that, at its meeting on 19th October 2018, it had considered a report on amendments to the Scheme of Allowances. The Committee had agreed to defer consideration of the report and agreed also that a letter be forwarded to the Local Government Commissioner for Standards to ascertain clarification on the imposing of sanctions on Councillors who had been found to have breached the Northern Ireland Local Government Code of Conduct for Councillors, following the response to which, a briefing on the matter be held for all Members of the Council.  A letter was sent to the Commissioner and in her response she confirmed that the Commissioner had no power to give any direction to the Council in respect of measures to be implemented by it in relation to any penalty imposed other than to notify the Chief Executive in respect of a suspension or disqualification or other sanction.

            The City Solicitor explained that the Council was required, under the Local Government (Payments to Councillors) Regulations (Northern Ireland) 2012, to publish a Scheme of Allowances, which sets out the allowances and support services that apply to a Councillor.

            The Council’s current Scheme did not cover what should happen if a Councillor was disqualified, suspended or partially suspended following an adjudication by the Local Government Commissioner for Standards in relation to a breach of the Northern Ireland Local Government Code of Conduct for Councillors.  The issue of most concern to Members last October, in light of the Commissioner’s interim ruling against Councillor Bunting, was that the Council was being left to determine what penalty should be imposed on a Member who was found to be in breach of the Code and who had a partial suspension imposed upon them.

            It would seem that it should be relatively clear that a Member who is either disqualified or who is fully suspended for a period should have the payment of any allowances and the access to other facilities such as equipment and rooms in City Hall removed.

            The Committee would be aware that Alderman Ruth Patterson had been suspended from acting as a Councillor for a period of six months with effect from 11th March, 2019.  Therefore, it seemed incumbent upon the Council to stop her allowances from that date, require the return of any equipment on loan from the Council and prevent her use of the Members’ Common Room, Party Room and Car Park.

            The following amendment to the Scheme of Allowances was recommended for approval by the Committee in order to give effect to this:

“Disqualification or Suspension of a Councillor

The Local Government Commissioner for Standards may impose sanctions on a Councillor who is found to have breached the Northern Ireland Code of Conduct for Councillors.  Such sanction may be imposed at the conclusion of the Commissioner’s adjudication process of the alleged breach or at the conclusion of an interim adjudication by the Commissioner.

For the purpose of this Scheme of Allowances, the following action will be taken upon receipt by the Chief Executive of a decision by the Commissioner which results in the disqualification or the suspension of a Councillor.

Disqualification

If a Councillor is disqualified, then the payment of all allowances and the provision of all support services outlined in this Scheme will cease with immediate effect from the date of disqualification.

Suspension

If a Councillor is wholly suspended for a period, then the payment of all allowances and the provision of all support services outlined in this Scheme will cease with immediate effect from the date of suspension.

            The City Solicitor explained that there would be no penalties applied in relation to the payment of allowances or the provision of all support services in the case of partial suspensions or suspensions following an interim adjudication as in both those cases he felt that it would be disproportionate to do so.

Moved by Councillor Attwood,

Seconded by Councillor Beattie,

      That the Committee agrees to approve the amendment to the Scheme of Allowances as set out in relation to the disqualification or suspension of a Councillor.

            On a vote by show of hands, seven Members voted for the proposal and six against and it was declared carried.