Changes after 'distrust' of local authority bill

A controversial clause in proposed new laws governing local authorities has been removed from a bill.

Fears had been expressed that new clause five within the Local Government Amendment Bill 2023 would give the Department of Infrastructure (DoI) powers to impose new functions without financial support.

Amendments to ensure there was consultation ahead of that happening were introduced by the Legislative Council in December in an attempt to allay those fears.

But DoI minister Tim Crookall said there was still a "distrust" of the clause by local authorities, so removing that part of the bill was necessary to address that.

Former DOI political member Lawrie Hooper – who brought the clause forward – said MHKs had backed the proposed laws in the first instance, and the Legislative Council had "come back with some very sensible amendments", which had strengthened the clause and provided "some additional protections around it".

"Now, rather than following through the process, we're going to go back on ourselves with the intention of removing this additional clause and these powers from the bill," he said.

He argued that the power to impose functions existed in the creation of joint boards within existing legislation, and removing the clause would actually take away the need for discussions and consultation over their imposition through that mechanism.

However, Onchan MHK Julie Edge said local authorities "don't want this clause" and although she had "sympathy" with some of the things Hooper had said, there had been no consultation before it was introduced into the bill.

Crookall, who was appointed minister in January following the removal of Michelle Haywood from the post, said he had no doubt the clause had been brought forward by Hooper for "what he thought was for the right reason".

"But every local authority we've spoken to has that distrust of clause five," he said, adding that they all had a fear functions would be imposed "when times were tough" despite the need for consultation under the amendments.

"We won't do it, because we're going to consult and come back to Tynwald, but the thought is that we will do that to them," he added.

MHKs voted to remove the clause and agree with the amendments made to other parts of the bill by the Legislative Council.

Other measures in the bill relating to codes of conduct, to access to meetings and documents, and declarations of interests look set to progress into law following the vote, provided the Council also supports the removal of the clause.

Additional reporting by the Local Democracy Reporting Service.

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