Questions asked over Lord Mayor’s decision

A Portadown councillor has called on Armagh City, Banbridge and Craigavon Borough Council’s Chief Executive and legal team to investigate the Lord Mayor’s interpretation of a standing order.

The call for clarity was made during August’s monthly meeting of Council by DUP councillor, Darryn Causby.

It follows a decision made by the Lord Mayor, Councillor Kevin Savage, during June’s monthly meeting of Council to rule a motion relating to the naming of the South Lake Leisure Centre ‘improper’ and decide that it would not be debated.

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During discussion of his decision on the night, the Lord Mayor made it clear he had not taken legal advice but had discussed his decision with his Sinn Fein party colleagues.

Council’s Chief Executive Roger Wilson also confirmed that he was only made aware of the decision just as the meeting was beginning and as such, legal advice was not produced.

Speaking at August’s monthly meeting, Cllr Causby said he believed the Lord Mayor did not have the authority to act as he did and asked for clarification to ensure such actions are not repeated.

“I want to raise a point of order Lord Mayor,” said Cllr Causby. “It refers to standing order 18.1.3 which is the standing order you used when deciding not to allow a motion placed on the agenda for our meeting in June to be heard.

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“You interpreted the standing order in an interesting way. I have checked and reading through the standing orders I don’t believe you had the authority to do what you did, if you read the standing orders in the correct context.

“In terms of the standing order it is for the reporting officer to determine if a notice of motion is lawful or improper. The Chief Executive is our officer in that regard and he considered the motion and included it in the agenda for the meeting.

“You then took the decision, unilaterally, to not have it heard during the meeting.”

Councillor Causby asked for the matter to be investigated to clarify if the Lord Mayor acted within the bounds of his authority.

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“My ask is that the Chief Executive and Council’s legal team investigate the eighth edition of’Knowles on Local Authority Meetings’ as it details the proper protocol, it is the guide and case law,” said the DUP representative.

“I want to ensure that we get proper clarity to prevent a decision like from being taken again.”

Speaking to the Local Democracy Reporting Service after the meeting, Councillor Causby said this call has nothing to do with the decision taken on the naming of the South Lakes Leisure Centre, rather ensuring that the office of the Lord Mayor remains removed from partisan politics.

“With regards to the decision taken on the name of the leisure centre, what is done, is done,” said Cllr Causby.

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“We are not going to overturn that decision, it has already been made. I just want to ensure a moment like this does not happen again.

“The standing order the Lord Mayor quoted is 18.1.3. It concerns motions that are unlawful or improper. The Lord Mayor called the motion improper but that was not his call to make.

“Council Baxter should have been informed of the decision prior to the meeting but he was not, nor was the Chief Executive, the Lord Mayor told us on the night he had informed his party colleagues.

“He acted outside the process, outside standing orders and, in my view, quite improperly.”

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When asked about the process of the investigation, a Council spokesperson said “no comment could be made on the matter”.

“In line with legislation, a notice of motion is subject to a call-in period (10 days) and no comment can be made on the matter until the call-in period has lapsed,” the spokesperson said.

“In this case, as legal advice on the interpretation of the standing order is to be provided, it would also be subject to legal privilege.”

Read our coverage of the original debate here.

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