ABC Councillors have unanimously scoffed at the Department for Communities’ enforcement of legislation that demands they provide three days’ notice of meetings – even in cases of emergency.
The information was provided as a decision item during a recent full meeting of council and was delivered by Legal, Governance & Monitoring Officer, Kate McCusker.
Ms McCusker explained to members that earlier this year the Governance Resources and Strategy Committee agreed that the Minister of Communities should be written to about updating the council’s standing orders to make it clear that a minimum of three days notice is required when calling a meeting.
The committee also asked the Minister Gordon Lyons, in their letter sent in May, to confirm whether there was any flexibility to reduce that notice period in exceptional circumstances such as an emergency.
Ms McCusker advised members that in the received response, the Minister confirmed that the Local Government Act NI 2014 requires at least three days’ notice for council meetings and there is currently no legislative provision to reduce that period.
Therefore, the proposal before council was to amend standing orders 3 and 4 to state that meetings cannot be convened unless the statutory three days’ notice has been provided.
Alderman Mark Baxter asked Ms McCusker, “Is what we are really saying, if there’s an emergency at this council we can’t call an emergency council meeting for three days?
“So say, a member of the public was seriously injured on site or, God forbid, was killed… we have to wait three days before we can discuss it as a council? That’s the Department’s direction on this?
Ms McCusker said it was the Department’s direction adding that the Minister had also confirmed there is “no flexibility there” and that if members did convene a meeting at less than three days’ notice they “would be at risk of legal challenge”.
“So, if there was a natural disaster here, there was flooding or something like that, an emergency for this council, we have to just wait for three days that we can have an official council meeting to make decisions?” said Alderman Baxter.
“So, we have no decision making ability as a council if there’s an emergency and I am thinking of emergency like extreme emergencies? Say there was a hurricane went through and decimated the place and council need to make decisions, we have to go to the press and put an ad in for a meeting in three days’s time? To me I just think that is bizarre.”
The Alderman suggested sending another written letter to the Minister seeking clarity on the issue of extreme emergency.
Cllr Keith Haughian said he would agree to second the decision item (as proposed by Cllr Mackle) but did so “through gritted teeth” and agreed with Alderman Baxter’s suggestion of writing a further letter.
“I think we should contact them and make clear our thoughts on that. We as a council should not be so slow that we have to wait three days to make a decision for the people who have elected us,” said Cllr Haughian.
Cllr Keith Ratcliffe called the Minister’s decision “shocking but not surprising” and said “absolutely no common sense is being used here.”
Ms McCusker then came back in to clarify that the Minister is saying he is “constrained by legislation” but that she was happy to proceed with the sugesstion of writing to the Department once more for clarity.
Acknowledging the Minister’s predicament, Alderman Baxter retorted, “The minister has to act in legislation, that’s fair.
“But, like all legislation – in my personal opinion – is there is a flaw in it… It needs looked at as a matter or urgency.”
