Belfast councillors have clashed with the council’s Chief Executive over an alleged increase in 'restricted' discussions being held away from public view.
Elected representatives at the recent full meeting of Belfast City Council went head to head with Chief Executive John Walsh over a discussion on the council’s fuel poverty hardship fund. Details of the fund were raised during a City Hall committee meeting on November 18, but the meeting was 'restricted' meaning the media or public could not see or hear what was going on.
The hardship fund will involve the use of 'local strategic partners', or community organisations, to facilitate the distribution of the funding before Christmas.
Read more: Belfast fuel poverty scheme criticised for £60,000 income threshold
Concerns have been raised by some councillors over the number of issues being 'restricted' and therefore discussed behind closed doors.
Items to be discussed at Council committees are listed on the council website. Many are listed as 'restricted', but under each item the same reason is given for the discussion being held away from the public - “By Virtue of Paragraph 3 Information relating to the financial or business affairs of any particular person (including the council holding that information)”.
In March this year John Walsh was appointed the new Chief Executive of Belfast City Council after 31 years’ service with the local authority. He was previously the City Solicitor at the council, the authority's top legal advisor.
At the recent full council meeting, elected members were allowed to speak about the fuel poverty hardship fund, but were warned not to stray into “restricted issues”. Green Councillor Mal O’Hara raised concerns about the hardship fund being previously restricted at the council’s Strategic Policy and Resources Committee.
He said: “I am not sure of the rationale as to why that is restricted under part one schedule six of the Local Government Order. Could we have advice as to why it is restricted?”
The Chief Executive replied: “The basis on which it has been restricted is that it contains sensitive commercial information, and that can occur even in the context of voluntary organisations when it comes to determinations around payments being made to them.”
Councillor O’Hara said: “I am not sure I am persuaded by that rationale, and I think there is a worrying concern about the many items being restricted by this council. And it doesn’t necessarily cover us in the glory of transparency and accountability, in which we are trying to pride ourselves.”
People Before Profit Councillor Fiona Ferguson said: “I am not entirely sure why this item is restricted, and I do agree there is a worrying trend of restricted items, which means that journalists and the public are kept from details about important decision making within this council.
“On this particular item, we were told by the Chief Executive there were sensitive commercial details because groups will be receiving funding, but my understanding is that groups will not be receiving funding in this case, but they will be receiving fuel vouchers they can hand out. The groups are merely a facilitating body we can use to get vouchers out.”
Councillor O’Hara interjected: “Under the Local Government Act Part Two, under qualification eight, it is pointed out that if those organisations are registered under the Charities Act, then that information is included as an exemption, and shouldn’t be restricted.”
SDLP Councillor Brian Heading said: “To have this kept as a restricted item on the grounds it was of commercial interest - I cannot figure that out unless you are talking about people having to make an economic decision to switch their heating off. That is the only commercial decision I can work out.”
SDLP Councillor Donal Lyons said: “Why is the distribution of vouchers seen as commercial? It’s not. Why are issues like this hidden and discussed behind closed doors? Quite often, frankly it is without a rationale being given.”
The Chief Executive then added: “There are two aspects to the sensitivity around this, so we are clear on the report. One is that it does involve the distribution of finances to commercial entities. The second part is that it is the council finances that are being discussed.
“If you look closely at the schedule you are referring to you will also see that mentioned in terms of the exempt information.”
The Local Democracy Reporting Scheme made an FOI request earlier this year to Belfast City Council with a number of enquiries about restricted items and whether the single reason given for restriction could reasonably be said to cover the wealth of items held away from the public. The new City Solicitor Nora Largey said the council would give a response by August 19, but no response has yet been received, despite reminders.
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