Policy and Resources Committee 20 October 2006
From Nigov
Policy and Resources Committee
Friday, 20th October, 2006
MEETING OF POLICY AND RESOURCES COMMITTEE
Members present
Councillor A. Maskey (Chairman); and Councillors Attwood, D. Browne, M. Browne, Cobain, Crozier, D. Dodds, Hartley, Lavery, Maginness, McCann, McCausland, Moore, Newton, Rodgers, Rodway, Smyth and Wilson.
In attendance
- Mr P. McNaney (Chief Executive);
- Mr G. Millar (Director of Improvement);
- Mr C. Quigley (Director of Legal Services);
- Mr L. Steele (Head of Committee and Members' Services); and
- Mr J. Hanna (Senior Committee Administrator).
Apology
An apology for inability to attend was reported from Councillor O’Reilly.
Minutes
The minutes of the meetings of 1st, 22nd and 25th September were taken as read and signed as correct. It was reported that those minutes had been adopted by the Council at its meeting on 2nd October, subject to:
(i) the rejection of the decision of 22nd September under the heading “Human Resources Issues – Personnel Sub-Committee: Single Status Implementation”, in so far as it related to the reference back to the Sub-Committee of the issue of the payment of compensation; the Council had accordingly agreed that the matter be not referred back to the Sub-Committee; and
(ii) the omission of the minute of 25th September under the heading “City Hall Major Works and Council Accommodation” which, at the request of Councillor D. Browne, had been taken back to be considered at a special meeting of the Committee for further consideration.
Political Processes and Members’ Issues
Resolved – That the minutes of the meeting of the Members’ Sub‑Committee of 16th October be approved and adopted.
Town Planning Committee – Delegation of Powers
The Members were reminded that the Council’s Town Planning Committee considered, at bi-monthly meetings, a schedule of planning applications which were submitted by the Planning Service. This schedule contained details of the planning applications submitted for developments within the City, together with the opinions of the Planning Service as to whether or not the applications should be granted. The Planning Committee had open to it a range of options when considering a planning application, one of which, where it disagreed with the opinion of the Planning Service, was to refer the matter for adjudication to the Planning Management Board, which was comprised of several senior officials of the Planning Service.
In 1997, the Planning Committee had agreed that only those applications on which the Committee had been unanimous in its view would be forwarded to the Board for adjudication. However, after a period of time, it had been considered that this was too stringent a burden to lay upon the Committee and, at the meeting on 4th November, 1999, it had been agreed that only those applications where the Committee agreed by 75% or more of the Members present should be referred to the Board. The Head of Committee and Members' Services explained that the decisions of the Planning Committee under this protocol had been subject to the agreement of the full Council at the monthly Council meeting. However, at its meeting on 4th September, the Council had agreed by a majority vote of thirteen to twelve to refer to the Planning Management Board for adjudication a planning application, despite the fact that, at the Town Planning Committee on 3rd August, a similar proposal had failed to receive the necessary 75% support. This clearly was an anomaly and could lead to representations being made at the Planning Management Board which were contrary to the views held by the Committee.
Accordingly the matter had been considered by the Town Planning Committee at its meeting on 5th October. The Committee had agreed that a report be submitted to the Policy and Resources Committee requesting that the Council be recommended to delegate to the Town Planning Committee full powers for Management Board referrals. The Committee considered that this procedure would remove any confusion about how referrals to the Planning Management Board would be dealt with in the future and would be in the best overall interests of the Council.
The Committee agreed, in accordance with Standing Order 47, that the Council be recommended to delegate to the Town Planning Committee full Council powers to refer to the Planning Management Board for adjudication only those disputed applications which received the support of a minimum of 75% of the Members in attendance.
Knockagh War Memorial
The Committee was reminded that, at its meeting on 3rd March, 2005, it had agreed to provide £1,500 in respect of the repair of the Knockagh War Memorial. At its meeting on 21st October, 2005, the Committee had agreed to make an additional contribution of up to a maximum of £4,000 towards further restoration works to the Monument.
The Head of Committee and Members' Services reported that correspondence had been received from the Chief Executive of Carrickfergus Borough Council, on behalf of the Knockagh Joint Committee, inviting Members to attend a re-dedication Ceremony to mark the 70th Anniversary of the Memorial and the completion of the restoration works. The Ceremony would be held at the Knockagh War Memorial, Monument Road, Carrickfergus on Sunday, 5th November at 11.30 a.m. and would be followed by refreshments in the Museum and Civic Centre, Carrickfergus.
The Committee agreed that the Lord Mayor, the Deputy Lord Mayor and the High Sheriff, together with any Members of the Committee who so wished, be authorised to attend the ceremony and that attendance thereat be considered as an approved duty.
Corporate Strategic Issues
Performance Management and Improvement Agenda
Revision of Organisational Structures
The Committee was reminded that, at its meeting on 22nd September, it had considered the undernoted report in respect of a proposed revision of the Council’s Organisational Structures.
The Committee was reminded further that at that meeting it had approved:
(i) the early retirement of the Director of Community and Recreation; and
(ii) the deletion from the Council’s structure of the posts of Head of Parks and Cemeteries and Head of Business Improvement and the redundancy of both of the current postholders.
This would be subject to both proposals being justified in terms of business case, legal justification and overall efficiency savings to the Council. The Committee had agreed further to defer consideration of the remaining recommendations in relation to the revision of the organisational structures to enable the Chief Executive to submit a further report on the management and the Departmental restructuring consequences of these decisions and the savings which would be effected.
Accordingly, the Chief Executive submitted a detailed report in this regard, a copy of which is available in the Members’ Library.
After a lengthy discussion, it was
Moved by Councillor D. Browne, Seconded by Councillor H. Smyth,
That the Committee agrees to:
(i) the immediate establishment of an All-Party Working Group consisting of representatives of the Council Improvement Board in order to develop proposals for the future long-term restructuring of the Council post - Review of Public Administration;
(ii) the acceptance of the business case for the early retirement of the Director of Community and Recreation and the redundancy of the posts of Head of Parks and Cemeteries and the Head of Business Improvement and the implementation of the consequential management changes;
(iii) the approval of the proposals in relation to the transfer of Community Services and the Waterfront and Ulster Halls to the Development Department, the transfer of Asset and Project Management and Procurement to the Core Improvement Team and the establishment of a Parks and Leisure Department;
(iv) the filling by means of a ring-fenced trawl of the new post of interim Director of Parks and Leisure until the Review of Public Administration takes effect;
(v) the delegation of authority to the Chief Executive, in consultation with the Chairmen of the Policy and Resources and the Community and Recreation Committees, to determine the redundancy and early retirement dates for the Head of Business Improvement, the Head of Parks and Cemeteries Services and the Director of Community and Recreation;
(vi) the deferral of consideration of whether Events should transfer to the Development Department to enable the matter to be considered by the above-mentioned Working Group; and
(vii) the deferral of consideration of the recommendation in respect of the transfer of the operational responsibility for the Chief Executive’s Department to the Legal Services Department to enable the matter to be considered by the Working Group.
Amendment
Moved by Councillor Crozier, Seconded by Councillor McCausland,
That the issue of the transfer of Asset and Project Management and Procurement be deferred to enable it to be considered by the Review of Public Administration Working Group and that the post of Director of Parks and Leisure be filled on a fixed-term basis by way of public advertisement.
On a vote by show of hands four Members voted for the amendment and eleven against and it was accordingly declared lost.
The original proposal standing in the name of Councillor D. Browne and seconded by Councillor Smyth was thereupon put to the meeting, when twelve Members voted for and three against and it was accordingly declared carried.
Improvement Agenda Update
The Committee considered a report which had been prepared by the Director of Improvement in respect of the Improvement Agenda. The report outlined the direction and progress achieved in relation to the five key improvement areas, that is, governance, resource allocation and planning, performance management, customer focus and people management.
In order to progress these matters further, the Director of Improvement recommended that the Committee agrees that:
(i) a series of Party Group briefings be held in relation to the Marr Strategy Process; and
(ii) following the completion of the aforementioned briefings, the Party Group Leaders meet with Mr. Bernard Marr and the Chief Officers Management Team on 15th November to discuss the corporate/transitional plans up to 2009 and the medium term financial strategy.
Moved by Councillor D. Browne, Seconded by Councillor Smyth,
That the Committee agrees to adopt the recommendations of the Director of Improvement in relation to the Council’s Improvement Agenda.
On a vote by show of hands twelve Members voted for the proposal and five against and it was accordingly declared carried.
Good Relations and Equality Issues
(Mrs. H. Francey, Good Relations Manager, attended in connection with these items.)
Evaluation of the Good Relations Steering Panel and the Belfast Civic Leadership Group
The Committee considered a report in relation to the evaluation of the Good Relations Steering Panel and the Belfast Civic Leadership Group. A copy of the report, with the exception of the Executive Summary referred to therein, is set out hereunder.
The Committee agreed to adopt the recommendations contained within the report.
Guidelines on Community Engagement, Good Relations and Good Practice
The Committee was reminded that, at its meeting on 19th May, it had agreed that a report providing clear guidelines on good practice in relation to cross-community engagement be submitted to a future meeting of the Committee. Subsequently, at its meeting on 18th August, the Committee had agreed that Ms. Grainne Kelly, independent consultant, be commissioned to assist in drawing up these guidelines.
The Good Relations Manager reported that Ms. Kelly had completed her research and had made a presentation on her findings to the Steering Panel at its meeting on 8th September. The Panel had agreed that the work was useful and informative and should be incorporated into the review of the Good Relations Grant-Aid criteria. In addition, the Steering Panel had agreed that Ms. Kelly prepare an Executive Summary of her report and this had been approved by the Panel at its meeting on 6th October.
Accordingly, the Good Relations Steering Panel had recommended that the Policy and Resources Committee approve the Guidelines on Community Engagement, Good Relations and Good Practice, copies of which are available in the Members’ Library, and that these be incorporated within the Good Relations Unit’s current review of grant-aid.
The Committee adopted the recommendation.
Funding Applications
The Committee was advised that applications for Good Relations Grant-Aid had been received from seven organisations. The applications had been assessed using pre-agreed criteria and a schedule of the requests, together with the recommendations thereon of the Good Relations Steering Panel, is set out hereunder:
- Organisation (Recommendation £) - Project
- Beyond Skin (5,000) - Journey of Equals
- Chinese Welfare Association (4,000) - Chinese New Year
- Queen’s Film Theatre (8,210) - Our City – Your City
- Cinemagic (4,120) - All Together Now
- Northern Ireland Community Builders Programme (7,430) - Follow-up Residential
- The Irish Association for Cultural and Economic and Social Relations (2,888) - Identity and Political Structures
- Markets Youth Providers Forum (3,540) - Young People’s Cultural Identity Programme
The Committee adopted the recommendations in respect of the applications for Good Relations funding as set out in the aforementioned schedule.
Six Monthly Progress Report – Implementation of the Council’s Good Relations Strategy
The Committee noted a report (This should be requested under Freedom of Information) in relation to the Implementation of the Council’s Good Relations Strategy during the period from 1st April till 30th September, 2006.
Proposal to Mark the Centenary of the Dockers’ Strike 1907
The Committee was reminded that, at its meeting on 18th August, it had agreed to the installation of a stained glass window to mark the centenary of the 1907 Dockers’ Strike. At its meeting on 4th September, the Council had agreed that the decision be referred to the Good Relations Steering Panel to enable it to be considered within the overall Council policy in relation to commemorations, memorabilia and artefacts.
The Good Relations Manager advised that a report outlining the various options and requesting views on the commissioning of a suitable art work had been submitted to the Good Relations Steering Panel at its meeting on 6th October. At that meeting, concern had been expressed that any commemoration of the strike should recognise its broader historical context and the complexity of the Trade Union movement and the Panel had discussed the possibility of incorporating a lecture series and a publication into any commemorations. Following discussion in the matter, the Steering Panel had deferred consideration of the report pending further debate regarding the most appropriate way in which the strike could be commemorated and that a report in this regard would be submitted to the Committee in due course.
After discussion, it was
Moved by Councillor Hartley, Seconded by Councillor M. Browne,
That the Committee agrees to affirm its decision of 18th August that the Council, through the installation of a stained glass window, commemorates the dock-workers of Belfast who, led by “Big Jim Larkin”, went on strike on 6th May, 1907 as a means of securing the rights of working people and the right to organise through their Trade Union, the National Union of Dock Workers.
This Council remembers also the generosity of the working people of Belfast who, led by Belfast Labour and Trades Union Council, gave generously to strike funds and who, through various forms of public demonstration, supported the dock workers of Belfast who had sought the advancement of the working class of Belfast.
On a vote by show of hands eight Members voted for the proposal and nine against and it was accordingly declared lost.
The Members noted that the matter would be considered further by the Good Relations Steering Panel and that a report would be submitted to the Committee in due course.when?
Policy Issues
Review of Public Administration Update
The Committee noted the contents of a report which provided an update in relation to the Review of Public Administration – including the recommendations of the Local Government Taskforce Sub-Groups and the future role and structure of the Northern Ireland Local Government Association - and agreed, due to the complexity and significance of the aforementioned issues and in order to enable the Members to consider them in more detail, that a special meeting be held on a date to be determined in conjunction with the Chairman. The Committee agreed also that representatives of the Northern Ireland Local Government Association be invited to attend the meeting in order to hear that organisation’s views in relation to the proposed restructuring of the Association.
Review of Local Government Boundaries in Northern Ireland: Procedure Guide
The Committee was informed that correspondence had been received from the Secretary to the Local Government Boundaries Commissioner advising of the publication of the Review of Local Government in Northern Ireland: Procedure Guide. The Guide provided details of the legislative framework for the current review of Local Government Boundaries and the key stages of the review process. It explained also the procedures for the public hearings which were scheduled to take place during January and February, 2007. The Commissioner would be publishing on 7th November his Provisional Recommendations and inviting written representations and announcing the dates, times and venues for the public hearings.
The Committee noted the information which had been provided and agreed to the holding in due course of a special meeting to consider the Commissioner’s Provisional Recommendations.
Accommodation and Hospitality
Requests for the Use of Accommodation in the City Hall and the Provision of Civic Hospitality
The Committee was advised that the undernoted requests for the use of accommodation in the City Hall and the provision of civic hospitality had been received. An indication as to whether they fell within the criteria approved by the Committee and the recommendations thereon of the Head of Committee and Members' Services is set out hereunder:
|Organisation/ Body |Event/Date - |Request |Comments |Recommendation | | |Number of Delegates/Guests | | | | |Health Promotion |National Conference |Use of City Hall and the|It is estimated that 150 |Use of City Hall and the | |Agency | |provision of hospitality|delegates will |provision of a pre-dinner| | |22nd May, 2007 (evening) |in the form of a |be staying in accommodation |Drinks Reception in the | | | |pre-dinner |in Belfast. |form of wine/soft drinks | | |Approximately 150 Attending |Drinks Reception | | | | | | | |Approximate cost £300 | | | | | | | | | | | |Approximate budget | | | | | |remaining | | | | | |£127,409 | |Queen's University |International Conference |Use of City Hall and the|It is estimated that 100 |Use of City Hall and the | |Belfast | |provision of hospitality|delegates will |provision of a pre-dinner| | |19th April, 2007 (evening) |in the form of a |be staying in accommodation |Drinks Reception in the | | | |pre-dinner |in Belfast. |form of wine/soft drinks | | |Approximately 200 Attending |Drinks Reception | | | | | | | |Approximate cost £400 | | | | | | | | | | | |Approximate budget | | | | | |remaining | | | | | |£127,009 |
|Organisation/ Body |Event/Date - |Request |Comments |Recommendation | | |Number of Delegates/Guests | | | | |Northern Ireland |Launch of Young Consumers |Use of City Hall and the|This event seeks to launch |Use of City Hall and the | |Commissioner for |Research Event |provision of hospitality|the results of research which|provision of hospitality | |Children and Young | |in the form of |aims to safeguard and promote|in the form of tea/coffee| |People |4th December, 2006 |tea/coffee and biscuits |the rights and best interests|and biscuits | | |(afternoon) | |of children and young people | | | | | |as consumers. |Approximate cost £150 | | |Approximately 100 Attending | | | | | | | |This event meets the |Approximate budget | | | | |Council's Corporate Strategic|remaining | | | | |Objectives of Improving |£126,859 | | | | |Quality of Life, now and for | | | | | |Future Generations and | | | | | |Providing Civic Leadership | | | | | |and would contribute to its | | | | | |Key Priority Issue of | | | | | |Improving Service Provision | | | | | |to Children and Young People.| | | | | | | | |City of Belfast |Annual Students' Recital |Use of City Hall and the|The Council has a close |Use of City Hall and the | |School of Music | |provision of hospitality|working relationship with the|provision of hospitality | | |9th June, 2007 (evening) |in the form of |School of Music which |in the form of tea/coffee| | | |tea/coffee and biscuits |provides entertainment at |and biscuits Approximate | | |Approximately 300 Attending | |many of the Civic Functions |cost £450 | | | | |in the City Hall. | | | | | | |Approximate budget | | | | |The City of Belfast School of|remaining | | | | |Music held its Annual |£126,409 | | | | |Students' Recital in the City| | | | | |Hall in June, 2006, as part | | | | | |of the City Hall's Centenary | | | | | |Celebrations | | | | | | | | | | | |This event meets the | | | | | |Council's Corporate Strategic| | | | | |Objective of Providing Civic | | | | | |Leadership and would | | | | | |contribute to its Key | | | | | |Priority Issue of Improving | | | | | |Service Provision to Children| | | | | |and Young People | |
|Organisation/ Body |Event/Date - |Request |Comments |Recommendation | | |Number of Delegates/Guests | | | | |Forensic Science |50th Anniversary Gala Dinner|Use of City Hall and the|This event seeks |Use of City Hall and the | |Northern Ireland | |provision of hospitality|to celebrate the |provision of hospitality | | | |in the form of a |50th Anniversary of Forensic |in the form of a | | |2nd February, 2007 (evening)|pre-dinner |Science Northern Ireland |pre-dinner Drinks | | | |Drinks Reception |which has contributed to the |Reception | | | | |general life and well-being | | | |Approximately 260 Attending | |of the city |Approximate cost £520 | | | | | | | | | | | |Approximate budget | | | | | |remaining | | | | | |£125,889 |
The Committee adopted the recommendations of the Head of Committee and Members' Services as set out in the foregoing schedule.
City Hall Centenary – Additional Event
The Committee approved a request which had been submitted by UTV to record in the City Hall the Gerry Kelly New Year’s Eve Special to mark the conclusion of the City Hall’s Centenary Year.
Facilities Management
(Mr. G. Wright, Head of Facilities Management, attended in connection with these items.)
Atrium Restaurant
The Committee was advised that the Atrium Restaurant, which was located within the Cecil Ward Building, had been opened in, October, 1991 and had not had a planned refurbishment since that time. The area, which was dated in appearance and in need of significant redecoration, suffered from poor layout and traffic management which had laid to queues, delays and loss of business. Accordingly, in order to address these issues, it was proposed to undertake a major refurbishment of the area to provide a modern, attractive and efficient restaurant commensurate with the Council’s evolving image and needs.
The Head of Facilities Management reported that quotations had been invited recently in respect of conceptual and design work only and the successful respondents, namely, Lucas Designs, Bangor, County Down, had now submitted their designs for consideration. He stated that each company had been requested to produce two alternative designs and he provided details of the designs which had been submitted. He pointed out that, should the Committee be minded to approve the refurbishment, it would require the closure of the Atrium Restaurant for a period of approximately five weeks, commencing in January, 2007. The estimated cost of the work was approximately £70,000, although this would depend on the type and standard of fixtures, fittings and finishings which were selected. This expenditure had been provided for within the Building Upgrade Programme fund for the current year and would require no additional expenditure. The project would be managed by staff from the Property Maintenance Unit.
After discussion, it was
Moved by Councillor Smyth, Seconded by Councillor Wilson,
That the Committee agrees that:
(i) authority be granted for the commencement of the refurbishment project for the Atrium Restaurant;
(ii) Members and staff select the preferred design option by means of a vote; and
(iii) Lucas Designs be employed for a maximum of three days consultancy support at £275 per day to ensure that the project is delivered as had originally been conceived.
On a vote by show of hands six Members voted for the proposal and two against and it was accordingly declared carried.
(The Deputy Chairman, Councillor Rodway, in the Chair.)
Closure of Cobbled Area at Front of City Hall
The Committee agreed to defer consideration of a report in respect of the closure of the cobbled area at the front of the City Hall to enable further information to be submitted.when?
Consideration of Consultative Documents
Managing Vacancies Effectively in Local Government (January 2007 - March 2009)
(Mr. S. Black, Head of Human Resources, attended in connection with this item.)
The Head of Human Resources informed the Committee that the Local Government Staff Commission had issued a consultation paper in relation to managing vacancies effectively in Local Government. The Commission was seeking the views of Local Government in respect of the introduction of a Vacancy Control System which would attempt to safeguard the employment of existing Local Government staff as a result of decisions arising from the Review of Public Administration, whilst taking into account relevant equality duties. The paper referred only to any vacancies which would arise, or any new posts created for a specific purpose, during the life of the existing twenty-six District Councils. A separate paper would be issued in due course in respect of transferring/appointing staff to the new Councils.
The Head of Human Resources submitted a draft response to the consultation, a copy of which is available in the Members’ Library, and outlined the main aspects contained therein.
The Committee approved the draft response.
The Immobilisation of Vehicles (Prescribed Conditions) Regulations (Northern Ireland) 2006
The Committee was advised that the Roads Service was seeking the Council’s views on a draft statutory rule entitled “The Immobilisation and Removal of Vehicles (Prescribed Conditions) Regulations (Northern Ireland) 2006”.
The Director of Legal Services explained that parking offences were currently a criminal offence and enforcement was the responsibility of the Police Service of Northern Ireland, mainly through the Traffic Warden Service. However, the Police Service intended to withdraw from such activity in order to focus resources on areas of greater policing priority. Accordingly, the Department for Regional Development had introduced new legislation in the form of the Traffic Management (Northern Ireland) Order 2005 to enable it to enforce parking and waiting restrictions.
He explained that Article 18 of the Order set out the circumstances in which the Department could fit an immobilisation device to a vehicle. This could be when a penalty charge notice was payable or there was an amount of unpaid charges owed to the Department. Sub-paragraph (1)(b) of Article 18 required the Department to make regulations setting out the conditions which must be satisfied before a vehicle could be immobilised. Article 21 (1)(b) made similar provision in the respect of the removal of vehicles for debt recovery purposes. The prescribed condition states that there has to be at least three separate amounts recoverable by the Department under Article 15 of the Order, that is, that there are at least three outstanding penalty charges in respect of the vehicle and all the available appeal mechanisms must either have been exhausted or elapsed. The Department did not intend to use the powers to immobilise or to remove vehicles for routine enforcement but for debt recovery purposes only.
The Committee noted the information which had been provided and agreed to support the implementation of the Draft Regulations.
Amendments to the Draft Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2006 and Associated Codes of Practice
The Committee was reminded that, at its meeting on 19th May, it had noted the contents of a summary report in respect of the Draft Police and Criminal Evidence (Amendment) (Northern Ireland) Order 2006 and Draft Codes of Practice and had agreed to leave to the individual Political Parties the submission of comments to the Northern Ireland Office in this regard.
The Director of Legal Services reported that the Council had now received notification of a consultation paper seeking views on the amendments to the aforementioned draft legislation and codes of practice and, accordingly, he recommended that it be referred also to the individual Political Parties for consideration and response.
The Committee adopted the recommendation.
Responses to Notices of Motion
Bail Hearings – Response from the Principal Private Secretary to the Lord Chief Justice
The Committee was reminded that the Council, at its meeting on 4th September, had passed the undernoted Notice of Motion:
“This Council notes the recent case where an alleged serial burglar charged with a further burglary was released on bail despite strong objections from the police.
The Council is acutely aware of the need to provide reassurance to the citizens of the City, particularly the elderly, regarding their safety and has been working through its Community Safety Partnership and partner organisations towards the creation of a safer city.
The Council wishes to express its grave concern that the courts, in dealing with bail applications, are failing to pay sufficient regard to the need to enhance the confidence of the public that it is being properly protected, and calls upon the Lord Chief Justice to review what measures can be taken to ensure the protection of public safety in such cases.”
The Head of Committee and Members' Services reported that correspondence, a copy of which is set out hereunder, had been received from the Principal Private Secretary to the Lord Chief Justice outlining the criteria which must be considered by a Magistrate or Judge when dealing with an application for bail:
“Thank you for your letter of 12th September to the Lord Chief Justice. I have been asked to reply on his behalf.
The Lord Chief Justice had noted your concerns about bail applications in general. It may be helpful if I outline the criteria that must be considered by a magistrate or judge when dealing with an application for bail. Since the incorporation of the European Convention on Human Rights and Fundamental Freedoms into domestic law through the Human Rights Act, there is a presumption in favour of granting bail for a person awaiting trial unless there are ‘relevant and sufficient’ grounds to justify his or her continuing detention. These grounds have been established in case law as:
(i) a risk that the accused might not turn up for trial;
(ii) a risk that witnesses might be intimidated; and
(iii) a risk that further offences might be committed.
In assessing whether any of these risks are present, and the extent of the risk, a range of factors is relevant. The accused’s record is one of those factors and will have particular relevance to the last of the criteria. The strength of the evidence against the accused is also a relevant consideration, but only in so far as it affects one of the stipulated reasons for refusing bail. The seriousness of the charge is specifically not a reason for refusing bail unless it can be linked to one of the three grounds outlined above.
It is clear from case law that, having identified the risks, a balancing exercise must be undertaken by the court. The magistrate must weigh the risks against the rights of the untried accused. Any decision to deny bail must be a proportionate response to the established risks. It is the position that a generalised risk is not sufficient. The prosecuting authorities must establish that there is a specific risk arising from the individual circumstances of the particular case.
Where a risk is established the magistrate must then consider whether or not any conditions can be attached to bail, for example a curfew, not entering a particular area, or handing in a passport, which would deal with the risk. If conditions can be attached to the grant of bail that will cater for the risk, the court is obliged to release the person on bail. If those conditions are broken then the bail will be reconsidered and can be revoked.
The length of time the accused has spent, or is likely to spend, on remand is also a relevant consideration. The period on remand should not exceed the length of sentence the accused might receive if he or she is convicted. The sentence will depend on the nature of the offence the defendant is alleged to have committed.
The Lord Chief Justice is limited in how far he can comment on individual proceedings. Where the Lord Chief Justice has a concern about a particular case then, as Head of the Judiciary, it is open to him to ask the member of the judiciary for a report on the case. In the case to which you refer the magistrate considered the information before her including the evidence available and the previous record and concluded that the accused should be admitted to bail, subject to conditions. These were his own bail of £500 plus two sureties also of £500 and that he report to police at Strandtown daily at 5.00 p.m. The accused did not comply with these conditions and he was brought back before the court. His bail was revoked as a result of the breach.
Protection of the public is clearly a primary concern behind the three risks. The aim of the system is to provide the necessary protection to the public without imposing disproportionate restrictions on the accused. Decisions on bail can require finely balanced judgments on the basis of the information before the court. It is inevitable that there will be public debate about some decisions. I hope that this letter will have helped to explain the legal framework that the judiciary have to operate in.”
Noted.
Social and Affordable Housing – Response from the Private Secretary to the Minister with responsibility for the Department for Social Development
The Committee was reminded that the Council, at its meeting on 4th September, had passed the following Notice of Motion:
“This Council notes the cumulative results of the following:-
1. the rising costs of housing in general and the consequent effects on private rental levels;
2. the lack of social housing provision in the Belfast City Council area;
3. the artificial inflationary effects of draft PPS14;
4. general incomes which are unable to keep pace with growing housing costs.
And therefore calls upon Government to:-
(i) Urgently initiate interdepartmental actions to deliver affordable housing;
(ii) Take urgent interdepartmental actions to provide social housing to meet the needs of current waiting lists; and
(iii) Immediately change existing and those “draft” policies which have caused house prices to rise and are placing the most basic human entitlement – that of a home – beyond the reach of ever-increasing numbers of people.
The appropriate Minister be requested to attend a future meeting of the Council to discuss issues surrounding the lack of social housing provision in the City”
The Head of Committee and Members' Services advised the Committee that that correspondence had been received from the Private Secretary to the Minister with responsibility for the Department for Social Development, Mr. David Hanson, M.P., indicating that the Minister had initiated an independent housing affordability review and that he would be happy to meet with the Committee in due course to discuss the issues which were being considered as part of that Review.when?
Noted.
Chairman
