AQW 1691/17-22


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 to detail the powers held by her Department to intervene and remedy governance or financial management issues identified within district councils.


Answer:
The Department has a number of powers of intervention which are summarised in the following table:
The Local Government Act (NI) 2014
Section 100
Where the Department is satisfied that the council is failing or likely to fail with the requirements of Performance Improvement, the Department may direct a council to-
prepare or amend an improvement plan or to follow specified procedures in relation to such a plan;
carry out a review of its exercise of specified functions;
enter into specified arrangements with another council;
set specified improvement objectives for itself under section 85.
Any Department may direct a council to take any action it considers necessary to secure the council’s compliance with the requirements of Performance Improvement.
Where this section applies, any Department may direct-
that a specified function of a council must be exercised by that Department; and
the council must comply with any instructions of that Department in relation to the exercise of that function and must provide assistance as required by that Department.
Section 104
Any Department may direct a council to make a report or return or supply specific information with respect to the exercise of the council’s functions.
Section 105
Any Department may cause such local and other inquiries to be held along with such investigations it sees fit in connection with the administration of any statutory provision relating to the functions of a council/committee/sub-committee.
Section 106
Any Department may, after an inquiry or investigation has been completed and the Department is satisfied that the council has failed to discharge any if its functions, make an order that the council is in default and direct a council to take action, within a specified period.
If the direction is not complied with the Department may under an order empower an officer of the Department to exercise or procure the exercise of, the function in question.
The Department must pay the expenses of an officer but these must be re-paid by the council.
Section 107
If any Northern Ireland department considers that any action proposed to be taken by a council would be incompatible with any international obligations, that department may direct that the proposed action must not be taken.
If any Northern Ireland department considers that any action capable of being taken by a council is required for the purpose of giving effect to any international obligations, that department may direct that the action shall be taken.
A direction under this section must give the reasons for making the direction and may make provision having retrospective effect
The Local Government (NI) Order 2005
Article 22
The Department may at any time direct the local government auditor to hold an extraordinary audit of the accounts of a local government body and that an extraordinary audit may be held after 3 days’ notice in writing given to the body whose accounts are to be audited.
Article 26
The Local Government Auditor shall, if required by the Department or the chief local government auditor, undertake comparative and other studies designed to enable them to make recommendations for improving economy, efficiency and effectiveness in the provision of services by councils