Central- Local Government Political Partnership Forum Friday 28th June 2019 NILGA Offices

Present: Peter Weir MLA, DUP; Fra McCann MLA, Sinn Fein; John Blair, MLA, Alliance; Roy Beggs MLA,

UUP; Ald Mark Cosgrove, Antrim and Newtownabbey Borough Council; Cllr Stephen Dunne, Ards and North Down Borough Council; Cllr Darryn Causby, Armagh Banbridge and Craigavon Borough Council; Cllr Geraldine McAteer, Belfast City Council; Ald Tom McKeown, Causeway Coast and Glens Borough Council; Cllr Ruairi McHugh, Derry City and Strabane District Council; Ald Billy Ashe MBE, Mid and East Antrim Borough Council; Cllr Robert Burgess, Newry Mourne and Down District Council; Cllr Frances Burton, NILGA President / Mid Ulster District Council; Cllr Matt Garrett, NILGA Office Bearer /Belfast City Council; Ald Danny Kinahan, NILGA Office Bearer / Antrim and Newtownabbey Borough Council; Cllr Dermot Curran, NILGA Office Bearer alternate / Newry Mourne and Down District Council; Cllr Billy Webb MBE, NILGA Office Bearer alternate / Antrim and Newtownabbey Borough Council; Louise Warde Hunter, Deputy Permanent Secretary, DfC, David Jackson, SOLACE Chair / Causeway Coast and Glens CEO; Nichola Creagh, DfC; Alan Bronte, Director of Valuation / Commissioner of Valuation, Land and Property Services, Department of Finance; Ciara Toner, SOLACE; Derek McCallan NILGA CEO, Karen Smyth, NILGA, Lisa O’Kane, NILGA, Antoinette Kennedy, NILGA.

Apologies: Cllr Ian Stuart, Lisburn and Castlereagh City Council; Cllr Christine McFlynn, Mid Ulster District Council; Cllr Martin Kearney, NILGA Office Bearer; and Ald Alan McDowell, NILGA Office Bearer, SDLP MLA colleagues, Tracey Meharg, Permanent Secretary, DfC; Katrina Godfrey, Permanent Secretary, DfI; Sue Gray, Permanent Secretary, DoF.

Welcome and Introductions

Derek McCallan, NILGA CEO welcomed everyone to the fourth meeting of the Central – Local Government Political Partnership Forum; and the first meeting of the Forum since the Local Government Elections in May 2019.

The meeting commenced with a round of introductions. Derek McCallan also provided a short overview of the key items on the Agenda.

Brief Overview of the Forum – Derek McCallan CEO

In his overview, Mr McCallan commented that steps to restore the Assembly are active and ongoing, however as we still do not have Ministers in place, retention of the two-tier policy discussion, as facilitated by this Forum is essential, as a mechanism to communicate critical issues and information to the appropriate committees. The Central – Local Government Political Partnership Forum has been convened by NILGA – is a collegiate exercise, a means to raise political awareness and guidance on spending the overall public purse in N. Ireland of over £21 billion annually. 1

All political parties are supportive of the interim Forum; and David Sterling, the Head of the Civil Service has communicated his support for participation in the Forum, with the Department for Communities as the axis department / Perm Sec to drive this.

Keeping aligned to the statutory NI Partnership Panel mechanism, the membership of the Forum is inclusive of the Local Government Partnership Panel representatives, newly appointed to the Panel since the Local Government elections; the NILGA Office Bearers and MLA colleagues from the 5 main political parties as principal policy liaison members.

As illustrated diagrammatically in the terms of reference for the Forum; formal senior input for each meeting of the Forum will be sought from Council Chief Executives (represented by David Jackson, SOLACE Chair and CEO of Causeway Coast and Glens Borough Council - at today’s meeting) and the Central Government Departments (represented today by Louise Warde-Hunter, Deputy Permanent Secretary of the DfC and Alan Bronte, Director of Valuation / Commissioner of Valuation, LPS, DoF).

Again as illustrated diagrammatically in the TOR, during the continuing impasse, the work of the Forum will link into and communicate with the work being taken forward by the Permanent Secretaries and Council Chief Executive Group; and will also feed into the NILGA Executive.

The Secretariat will be maintained by NILGA with joint co-ordination of activities with the Department for Communities.

Following Derek McCallan’s update, the floor was opened to questions. Alderman Danny Kinahan commented that the illustration does not refer to linkages with Westminster. In response, Mr McCallan commented although not included in the illustration, we are connected and that channels of formal and informal communication were open via NILGA to national governments, such as the UK Local Government Forum.

Ald Mark Cosgrove raised that the Forum provides the platform to raise critical issues such as the Councillors Code of Conduct. Recognising that an independent review of the Councillors Code of Conduct has taken place, with resultant report compiled to be cleared by incoming Minister, Ald Cosgrove emphasised the importance of the changes being made to the Code of Conduct; it needs to be pushed up the wider agenda – and be a front and central priority. Cllr Garrett added that the difficulties of the Code of Conduct have not been articulated well in Councils. Following the Local Government elections, the NAC issued a letter to all Councillors to consider supporting a “protest communication” regarding the Code of Conduct; however Members were not all fully aware of what the issues with the Code of Conduct were.

2

Keynote Presentation (A) – Louise Warde-Hunter, Deputy Permanent Secretary, Department for Communities

Louise Warde-Hunter, Deputy Permanent Secretary for the Department for Communities thanked the Forum for the invite to today’s meeting. She added that as part of her presentation she would address the concerns raised by Members on the Councillors Code of Conduct.

Central – Local Government relationship

Louise Warde-Hunter referred to the Executive Office’s “Outcomes Delivery Plan” for 2018-19”. The Outcomes Delivery Plan sets out the actions that the departments intend to take to improve wellbeing for all by tackling disadvantage and driving economic growth. To achieve the 12 outcomes, departments will work collaboratively across department boundaries and with Local Government; The eleven Councils, through partnership working are delivering community plans that have been designed to address the needs of their areas.

All the Community Plans have been aligned already to the outcomes of the delivery plan. Ms Warde-Hunter added that from the perspective of the DfC, Community Planning is where the rubber hits the road in terms of delivery of the Outcomes Delivery Plan and that she has tremendous respect for the work Councils have been doing. At the heart of community planning is building relationships and improving wellbeing for all. The DfC will be participating in a road show with Departments about Community Planning and what they need to be thinking about in terms of Departments’ role in the delivery of the Plans.

Local Government Code of Conduct

The Councillors Code was approved by the Assembly on 27th May 2014. Parts 1 – 8 of the Code came into operation on the 28th May 2014. Part 9 – Planning matters – came into operation on 1st April 2015.

In response to Councillors concerns with the Code of Conduct, a review was called by the DfC Minister and in November 2015 an independent review working group set up. The DfC took forward a consultation from December 2016 to February 2017 on a revised Councillors Code of Conduct.

The changes proposed by the consultation included clarifying that rules 8.1 a-h of the Code would apply to all council decisions, that rules 8.1 i-l would also apply to quasi-judicial decisions and decisions on making appointments and the awarding of contracts.

A consultation exercise took place between December 2016 and February 2017 and the DfC has since collated the consultation responses and prepared a Departmental response to be cleared by the new Minister once he or she is appointed.

Under the Local Government Act (NI) the Department cannot issue a revised Councillors Code of Conduct until it has been laid before the Assembly.

Ms Warde-Hunter further advised that the Department for Communities will be taking forward a review of the Local Government Legislation Framework. A three-year review and evaluation 3

programme has been proposed and preparatory work is underway – a working group has been set up, inclusive of council officials and NILGA to consider council democratic governance arrangements and the ethical standards framework. There will be engagement with key stakeholders on the issues identified and recommendations will be put forward to the incoming Minister.

Urban Regeneration

 Belfast City Centre Regeneration Task Force - In the aftermath of the Bank Buildings (Primark) fire, the Belfast City Centre Regeneration Task Force was set up to ensure a collaborative public sector response to steer and resource the regeneration of the city centre. The Members of the Task Force are Belfast City Council CEO, the Head of the Civil Service and the Permanent Secretaries. A strategic action plan has been developed to transform and revitalise the city centre and the Task Force will provide oversight to guide delivery of priority initiatives, projects and investment.

 Town Centres and High Streets Strategic Insight Lab - Out-of-town shopping centres and internet shopping have changed the face of retail. There is an urgent need to radically rethink how we regenerate and revitalise our high streets – transitioning from retail centres to multifunctional social centres. To inform the debate, the DoF, DfC and Dfi are hosting a Strategic Insight Lab on 2nd and 3rd July 2019; the Challenge Question: “How can we make town and city centres places where people want to live, work, visit and do business in?”. High level recommendations will be drawn from the sessions and put forward to Ministers for consideration in due course.

 Belfast Region City Deal – Funding of £880 million has been announced by Secretary of State. The Council consortium is working in partnership with NICS Departments, universities and private sector to deliver a suite of projects including infrastructure projects; tourism & regeneration projects; innovation & digital projects; and skills and employability projects.

 Derry and Strabane City Deal – Funding of £105m announced by the Secretary of State. DfC are collaborating with Council on regeneration projects including the Central Riverfront Regeneration Project and regeneration of the Strabane Canal basin.

Louise also provided an overview of other regeneration projects which DfC are collaborating with Councils on, including regeneration of Queen’s Parade Bangor, Queen’s Quay on the River Lagan, Belfast, and St Patrick’s Barracks in Ballymena.

Following Louise’s presentation, the floor was opened for comments and questions. Members generally commented on the value of the presentation, with specific comments raised being provided below:

 Councillor commented, that as a newly elected councillor, he did not see the Councillors Code of Conduct until he was elected. By signing it, he is already breaking the code because he appears to be engaging in communication around decision taking and declarations of interest, like many others, incorrectly. For example to pinpoint Councillors on one thing they may not have declared as an interest. At every Council meeting, Councillors are walking in 4

and out due to declared interests – it is not productive. There needs to be changes to the Code.  Councillor queried if items had been added to the Code of Conduct after it was passed at the Assembly. In response Ms Warde-Hunter commented that there were no additions after the Code was passed - any additional changes would have been passed through the Assembly.  An MLA colleague advised that in terms of the consultation for the revised Councillors Code of Conduct, changes have been proposed to tighten things up and to address the gaps. The review has identified concern about alleged inconsistencies of approach by the Commissioner on complaints being investigated. At present there is a draft position on the proposed changes to the Code, ready for an incoming Minister – when the Minister agrees the draft position, it is to be sent to the Assembly. In terms of the Planning / decision making aspects of the Councillors Code of Conduct, the thinking behind it; some Councillors fear the Code and are not scrutinising / articulating / participating productively in their Planning roles.  A Councillor raised that there needs to be flexibility in the rules relating to decision- making. The rules state that you are not allowed to organise support for; not lobby other Councillors; not comply with the party decisions; not act as an advocate to promote. He added that he had no idea how it got through the Assembly. As highlighted by a Welsh colleague involved in the review of the Councillors Code of Conduct; the Code in its current form has the potential to destroy local government.  Councillor also commented on the “police style” interviews, Councillors being investigated under the Code must endure.  An MLA colleague also raised a query with Ms Warde-Hunter about inclusion of LGBT and ethnic minorities in Community Planning and the DfC’s role in ensuring Council’s Community Plans are inclusive of everyone in our communities. In response, Ms Warde-Hunter advised that the Community Planning guidance sets out the need for equality and inclusion by all Councils and their Community Planning partners, however what is written and what is done is not always the same thing. She advised that she would feed-back this issue to the Department.  Another Councillor also commented in relation to the comments that have been made today about the Councillors Code of Conduct and Community Planning, “how are we as Councillors expected to work in partnership when we cannot put decisions to Council?”  Another Councillor commented on the fact that Councillors are accountable to the Code of Conduct 24/7. This also needs to be reviewed.

Action: Louise Warde-Hunter commented that she would feedback today’s discussion to the Department.

Action: Karen Smyth added that she would take back all of today’s comments about the Councillors Code of Conduct to the Review group.

Action: NILGA secretariat will forward to Members NILGA’s response to the consultation on the Review of the Councillors Code of Conduct

Action: Louise Warde-Hunter’s PowerPoint presentation will be forwarded to all Forum Members.

5

It was also confirmed by the NILGA CEO that the DfC Permanent Secretary had written to NILGA outlining constructive methods and NILGA input, to deal with some of the processes referred to around the Code of Conduct.

Outcomes from Central – Local Government Political Partnership Forum, 18th January 2019

The Outcomes from the Central – Local Government Political Partnership Forum, 18th January 2019 (Paper B) were noted. Karen Smyth also referred Members to Paper B1 and provided an overview of the meeting which took place between the Department for Infrastructure, PSNI, NILGA and SOLACE on 12th March 2019 to discuss issues arising from the implementation of the Roads (Miscellaneous Provisions) Act (NI) 2010.

It was agreed by all present on 12th March that there was a need to review the Roads (Miscellaneous Provisions) Act (NI) 2010, legislation; however this cannot be done until a new Minister is in place. Katrina Godfrey has agreed to put this to the new Minister, when he or she is in place.

Updated Terms of Reference for the Central – Local Government Political Partnership Forum

Members were asked to consider the Updated Terms of Reference for the Central – Local Government Political Partnership Forum (Papers C and C1).

Membership of the Forum is aligned to the statutory Partnership Panel mechanism with Membership inclusive of the 11 Members nominated to the statutory Partnership Panel for the electoral term 2019-2023 and the NILGA Office Bearers, together with MLAs from the 5 main political parties as principal policy liaison members.

Alderman Billy Webb suggested that Membership of the Forum be widened. Peter Weir MLA commented if membership of the Forum increased, it may become unworkable.

Following discussion, Members were broadly content with the Terms of Reference.

Keynote Presentation 2 - Alan Bronte, Director of Valuation, Land and Property Service, Department of Finance

Alan Bronte thanked the Forum for the invitation to present today. In his presentation he provided an overview of the importance of rates for Councils and the Executive:  Rates (domestic and non-domestic) generate £1.334bn annually  £590m funds District Councils; £744m funds regional public spending  Some 77% of District Council income is from rates revenue  Some 6% of Executive spending is from Regional Rates revenue  Between 39% - 51% of each rate bill goes to District Councils.

Mr Bronte also provided the Forum with the figures of revenue forgone from rates reliefs and exemptions. The DfC compensates District Councils by some £30m for loss of revenue incurred due

6

to reliefs / derating through the de-rating grant. Some Councils also receive in addition Rate Support Grant.

Reval 2020 – Land and Property Services has revalued all business properties in Northern Ireland and the new values will be used to calculate rate bills for businesses from April 2020.

Business Rates Review announced DoF Permanent Secretary, Sue Gray has announced a review of the non-domestic rating system. The review recognises the changes in our high streets and town centres. As mentioned by Louise Warde- Hunter in her presentation, the DoF, DfC and DfI are co-hosting a Strategic Insight Lab on Town Centres and High Streets on 2nd and 3rd July 2019. There will also be a 13-week consultation running from September 2019 – December 2019 and there will be stakeholder events taking place, further information on which will follow.

Comments and questions were invited from the floor following Mr Bronte’s presentation. The key message arising from the discussion was the importance of widening the tax base, spreading the burden more evenly and reviewing reliefs and exemptions. Alderman Cosgrove commented that rates need to be divided more fairly, helping small businesses. In cold hard cash, our businesses are paying 20% more than in the rest of the UK and residents 30% less than our counterparts in the UK. Business rates are higher in Northern Ireland than in the rest of the UK and the ROI, putting pressure especially on our smaller businesses; we are lagging.

Cllr Webb added that the use of rates are a fantastic tool, adding that Councils should have the scope to adjust for our villages and towns, and have the power to for example, decide rates concessions aligned to recycling initiatives etc.

In terms of Reval 2020 and rates revaluation; Cllr Geraldine McAteer asked Mr Bronte about calculating rates based on trading receipts, for example in instance of a pub. In response Mr Bronte advised that the pub’s turnover would be looked at to assess the annual rental value which in turn would determine the rates to be paid. Cllr Ruairi McHugh also commented on the changing nature of retail and how the opening of an out-of-town multinational can suck the gravity from town centres. Hence the importance of revaluation of rates and looking at how to revitalise our town centres.

A key message arising from discussions was that Councils should be unfettered and empowered to have the discretionary ability to vary the proportion of their rate income from domestic and non- domestic rates. This would help Councils who wish to lower non-domestic rates; (a) to benefit our businesses and (b) to act as an inventive for future investment.

Action: It was agreed that NILGA would arrange a regional consultation specifically for councils during the latter stages of the business rates review consultation in late November 2019.

It was noted that following the Business Rates Review consultation a proposals report will be developed for incoming Minister.

Issues to be addressed at future meetings of the Central Local Government Political Partnership Forum 7

NILGA CEO referred Members to Paper D – a template for Councils to communicate issues which they wish to be raised at future meetings of the Central Local Government Political Partnership Forum.

In the absence of the statutory Northern Ireland Partnership Panel, it is recommended, if agreed by Members, that a similar mechanism be used to communicate Council issues for discussion at future meetings of the Central – Local Government Political Partnership Forum.

A draft Template for Council will be sent with Key Outcomes from this meeting; to be completed and returned to NILGA in advance of future meetings of the Central – Local Government Political Partnership Forum.

AONB

NILGA in Fermanagh and Omagh District Council will be hosting a key conference, “Changing Places: Planning, Place-shaping and Place-making in Northern Ireland” in the Killyhevlin Hotel on 8th October 2019.

NILGA will also be hosting a “Border Economy” Event in Newry Mourne and Down District Council on 3rd December 2019 in the Canal Court, Newry.

NILGA and SOLACE will be delivering the “Future is Local Government” event on 20th February 2020, in the Crowne Plaza, Belfast.

A summarial Outcomes Note will issue to all invitees next week.

Next Meeting

The next meeting of the Central – Local Government Political Partnership Forum will take place on 27th September 2019, approximately 10am – 12 noon, in the NILGA Offices, Bradford Court, Castlereagh.

Disclaimer

The Northern Ireland Local Government Association (NILGA) endeavours to ensure that the information contained within our Website, Policies and other communications is up to date and correct.

We do not, however, make any representation that the information will be accurate, current, complete, uninterrupted or error free or that any information or other material accessible from or related to NILGA is free of viruses or other harmful components.

NILGA accepts no responsibility for any erroneous information placed by or on behalf of any user or any loss by any person or user resulting from such information.

8