A consultation document has been received from the Welsh Assembly
Government (see attached) in relation to a review of Councillors’ Allowances
whilst also considering the possibility of consolidation of the existing
Regulations.
The following are the main issues for consultation which
affect Fire & Rescue Authorities, with commentary thereon in italics:-
Wales
Independent Remuneration Panel – This was a temporary body
dealing only with Councillors’ pensions. The Minister proposes
to establish a panel on a permanent basis to make recommendations
annually to county
and county boroughs on allowances and pensions, and to propose
indices for the uprating of such allowances.
This proposal in relation
to allowances does not directly affect Fire & Rescue Authorities
as the Local Authorities (Allowances for members of Fire Authorities)
(Wales) Regulations 2004 provides that allowances will be
adjusted annually from 1st April 2006 based on the average
of all (if any)
annual adjustments made by the Constituent Authorities in that
year.
There
is no apparent reason however why the proposed panel could
not make recommendations on fire authority allowances. Whilst not
only
being
administratively convenient, it would mirror the arrangements
in the constituent authorities.
The Panel has reported on the eligibility
of Councillor’s allowances becoming pensionable. However
it is not proposed that fire authority allowances would be
pensionable. During consideration of the initial consultation
on Fire Authority
Allowances in 2004, the Authority was of the view that such
allowances should be pensionable. It seems inconsistent that
Fire Authority
Allowances
are still excluded from the proposals.
Suspended Councillors – The
Minister proposes to follow the provisions currently operable in England
whereby local authorities may stipulate that basic allowances and
special responsibility allowances are not payable to a Councillor
whose membership is suspended. Such provision is already provided
for in Fire & Rescue Authorities’ Scheme for Payment
of Members Allowances by virtue of the Local Authorities (Allowances
for members of Fire Authorities) (Wales) Regulations 2004.
Members
of more than one Authority – It is proposed that those county
councillors who also serve on National Park Authorities, Police or
Fire Authorities should not be able to receive more than one Special
Responsibility Allowance. Committee will recall that the Minister,
prior to the enactment of the Local Authorities (Allowances for members
of Fire Authorities) (Wales) Regulations 2004 expressed “…concern
at the public perception of the dual receipt of Special Responsibility
Allowances and whether the allowances system should not encourage
the sharing out of what are increasingly significant responsibilities”.
However following representations the provision in the draft regulations
which barred a Fire and Rescue Authority chair or vice chair who
was also an executive or board member of their constituent authority
from
receiving a special responsibility allowance from a Fire Authority
was not included in the final Regulations. The Minister did indicate
however that she might need to look at the position again. Enactment
of such a proposal would limit representation and not recognise
the significant contribution and commitment of both the Chair
and Vice
Chair at a time of unprecedented change, It is worth noting that
the level of allowances for the Chair and Vice Chair were established
on the basis of the additional time demands of such post holders
compared
with other members. Such demands would not vary whether such appointees
were executive / board members or not.
Independent Members
of Standards Committees – Local Authorities in England are
able to pay a co-optees allowance to members who are not councillors,
such
as Chairs of Standards Committees. The Minister invites views
on the proposal to introduce a similar arrangement in Wales, and
whether
such should apply to Fire Authorities. The position in Welsh county
and county borough authorities regarding payment varies considerably,
with authorities seeking uniformity through the introduction of
Regulations to regularise the position. Such Regulations should
also apply to
Fire Authorities, who have the same recruitment problems for independent
members although the level of commitment that is required is not
as great.
IMPLICATIONS:
OPERATIONAL
RISK
COMMUNITY
RISK
TRAINING
H.R
FINANCE
Any
changes arising out of the Consultation would need to
be enacted in Regulations, and would have to be incorporated
in the Authority’s “Scheme for payment of
Members’ Allowances”
I.T/COMMS
EQUALITY & DIVERSITY
HEALTH & SAFETY
LEGAL
RECOMMENDATION:
That Committee considers the commentary as the basis of a response
to the Consultation Paper.
BACKGROUND PAPERS USED IN PREPARATION OF THIS REPORT:
Consultation Paper – Review of Councillors’ Allowances
(February 2005)
.Local Authorities (Allowances for members of Fire Authorities)(Wales)
Regulations 2004.
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