AQW 1689/17-22

Mr Andrew Muir
Alliance Party
North Down

Tabled Date: 06/02/2020
Answered On Date: 26/02/2020
Priority Written: No

Question:
To ask the Minister for Communities how her Department ensures ongoing good governance and financial management by district councils.

Answer:

Councils are separate legal entities and as such are responsible for their own administration. My Department has responsibility for the following legislation which sets the governance and accountability framework in which councils operate:

the Local Government (NI) Order 2005 and the Local Government (Accounts and Audit) Regulations (NI) 2015 set out the requirements placed on councils in relation to their keeping of accounts, the provisions in relation to the audit of those accounts and the powers of my Department and the Local Government Auditor in relation to the accounts;

the Local Government Finance Act (NI) 2011 provides for the financial administration of councils and places a duty on a council to make arrangements for the proper administration of its financial affairs; and

the Local Government Act (NI) 2014 makes provision for:

the democratic governance arrangements including the allocation of positions of responsibility and committee places across the political parties and independents represented on a council,

the making of arrangements for the discharging of council functions,

the permitted forms of governance and decision-making arrangements to provide for fair, transparent and efficient decision-making,

arrangements for the regulation of the proceedings and business of a council,

openness and transparency arrangements including access to meetings and documents,

the ethical standards framework, including the mandatory Code of Conduct for councillors, associated investigation, adjudication and appeals mechanisms and the role of the Local Government Commissioner for Standards,

the Performance Improvement framework to support the continuous improvement in the delivery of council services, and

the general intervention powers available to all Departments.

Part 12 of the Local Government Act (NI) 2014 provides a performance improvement framework for councils which includes a duty for councils to make arrangements to secure continuous improvement in the exercise of its functions. Statutory guidance issued by my Department clarifies this as “a Council must have in place arrangements that assess the effectiveness of its functions and services, including clear and appropriate arrangements for political and managerial scrutiny and accountability.”

Part 12 also includes the provisions in relation to the NI Audit Office audit to determine whether a council has discharged its duties under Part 12 and also assess whether a council is likely to comply with the requirements of this Part.

My Department receives a copy of each council’s audit report and will discuss any issues with the council concerned. As part of ongoing collaboration my Department meets with local government and the NI Audit Office on a regular basis to discuss performance improvement and any issues that may arise.

My officials also hold quarterly meetings with all Council Finance Officers, NI Audit Office and a representative from the Society of Local Authority Chief Executives (SOLACE NI) to discuss financial, audit and governance issues.