Local Government (Disqualification) Bill
Purpose: to end dual mandates between the Assembly and local councils.
An Assembly private member’s Bill is entering its final stage after an intense debate over whether MLAs should sit in councils. Dawn Purvis’ proposal would amend the Local Government Act (Northern Ireland) 1972 to disqualify MLAs from sitting as councillors, after a 60-day period of grace.
Assembly members are added to the list of disqualified persons under the 1972 Act. This would take effect on the day of the first council elections after royal assent. 5 May 2011 is therefore the target date.
Her aim is to reduce the number of multiple mandates and the Bill follows on from the Assembly’s own resolution, last November, to end double-jobbing. The Assembly cannot disqualify its members from being MPs but has power to act in councils, as local government is devolved.
Purvis claims that multiple mandates concentrate power in the hands of a small number of people and can cause conflicts of interest. She hopes the legislation will improve the public’s perception of politicians and let new people enter politics.
The overlap can also mean that some parts of a constituency have more political influence than others. All Upper Bann MLAs, for example, are either Craigavon councillors or have sat on that council in the past.
A consultation heard the views of over 140 individuals and organisations, and found strong support. Only two of the 16 formal responses raised objections. Some MLAs, Purvis claimed, had wanted to keep their dual mandates as ‘employment insurance’ in case Stormont collapsed, but she said they should have no special treatment.
Separately, the NIO has ended by- elections in local councils. The relevant Order came into force on 1 April 2010 and all such vacancies are now filled by co- option. This incurs no cost and can protect political minorities, but it also means that the public has no say over who takes the seat.
agendaNi’s research shows that nearly half of MLAs (53) are also councillors. Several plan to stand down at the next council election. Most of the double- jobbers were DUP members (28), followed by the UUP (eight), Sinn Féin (seven), the SDLP and Alliance (four each), Brian Wilson and Gerry McHugh.
Eight MLAs are also MPs (four Sinn Féin, two DUP and two SDLP) and three are life peers (all DUP), who cannot resign.
For the DUP, Peter Weir maintained that voters tend to choose experienced candidates and the two jobs are complementary. Alliance’s Stephen Farry described the Bill as “populist”. Farry questioned whether councillors were full- time employees and said some MLA- councillors were dedicated representatives at both levels. Sinn Féin, the UUP and the SDLP broadly supported the Bill.
The Bill passed its second stage without a vote. At the consideration stage, Environment Committee Chair Cathal Boylan moved that MLAs who were elected as councillors be disqualified 60 days after taking their seat at Stormont. All seven amendments were approved.
Speaking after the further consideration, Dawn Purvis said the Bill was “as good as we’re going to get”. After DUP amendments, to delay the Bill until 2014 or after the RPA’s implementation, were voted down, the party considered a petition of concern to block it at the final stage. Petitions of concern allow 30 or more MLAs to block a Bill and were designed to protect minorities in the Assembly.
A DUP spokesman preferred a voluntary approach and claimed the Bill was “not particularly well drafted”. It was put to him that a majority of MLAs had rejected that position but he said the party would act entirely within the Assembly’s rules.
First stage: 9 February 2010
Second stage: 8 March 2010
Consideration: 12 October 2010
Further consideration: 9 November 2010
