Agenda item

To consider the report of the Independent Remuneration Panel for recommendation to the Shadow Authority for Westmorland and Furness.

Note - The following Joint Committee Members had an other registerable interest recorded and would reserve their positions relating to Agenda Item No. 5 (Members’ Allowances – Independent Remuneration Panel Recommendations):-

Cllr Patricia Bell;

Cllr Derek Brook;

Cllr Jonathan Brook;

Cllr Anne Burns;

Cllr Les Hall;

Cllr Andrew Jarvis;

Cllr Mary Robinson;

Cllr Virginia Taylor;

Cllr Ann Thomson; and

Cllr Peter Thornton.

The report from the Members’ Allowances Working Group, was produced by an experienced Independent Remuneration Panel (IRP), representing all seven Cumbrian councils, which had held a scheduled series of meetings to consider a Member Allowance Scheme for the new Westmorland and Furness Council.

The IRP was confident that its approach of one Member Allowance Scheme was appropriate and a good starting position for both new Shadow Authorities of Cumberland and Westmorland and Furness.  The IRP was also aware that the Shadow Authorities would be appointing their own IRPs to review the allowances for 2023-24 in readiness for the two new unitary councils at vesting day, 1 April 2023.  The IRP had decided and agreed that North Northamptonshire Council was of a comparable size in terms of Member ratio to constituents and their Member Allowance Scheme had, therefore, been used as a guide.  The Member Allowance Scheme at Appendix 1 to the report had also been proposed to the Cumberland Joint Committee.  At its meeting on 14 April 2022, the Cumberland Joint Committee had resolved to note the proposed scheme.

The Panel had considered the prospective work and duties of the Shadow Authority in the period to 31 March 2023, in particular the non-delivery of council services, the lack of case work and the limited number of committees and panels which would be formed which, in turn, would reduce the number of meetings to be attended by Members.  The IRP had also been cognisant of the fact that, during the “Shadow” year, the newly-elected Members of the Authority would still have County and District Councillors to respond to ward and constituent matters arising between 5 May 2022 and 31 March 2023.  It further reasoned that, during this time, the Members’ Basic and Special Responsibility Allowances should be paid at 50% of that which they would propose for the Westmorland and Furness Council post vesting day, at which point full responsibilities from sovereign councils would be transferred.

Members’ attention was drawn to the fact that it was very likely that the Shadow Authority for Westmorland and Furness would establish its own IRP to work on a bespoke allowances scheme for post vesting day and it was, therefore suggested that the Shadow Authority be recommended to delegate to the Interim Monitoring Officer authority to undertake the preparation of a recruitment pack and advertisement for an Independent Remuneration Panel to consider allowances for the new Council from vesting day.  A report would then be brought to a future Shadow Authority meeting in order for appointments to be made to the Panel.

Members discussed the report in detail noting that the IRP had not had much time to collect the significant level of evidence required and engage with Members before bringing the report to the Joint Committee. As a result, Members presented alternative recommendations to read as follows:-

(1)        Note the attached report;

(2)        Consider the recommendations of the Independent Remuneration Panel and the Scheme of Member Allowances which it has proposed (Appendix 1) to be adopted for the shadow year with effect from the 9 May 2022;

(3)        In the light of the limited time that the Independent Remuneration Panel had to collect evidence for the scheme, the lack of opportunity for member engagement and given the significant disparity with comparator councils, the Joint Committee cannot recommend to the Westmorland and Furness Shadow Authority to adopt, in its entirety, the proposed Scheme at its inaugural meeting for the shadow year.

(4)        Recommend that the Shadow Authority immediately authorises the Interim Monitoring Officer advertises the recruitment of an Independent Remuneration Panel of 5 members for the Council to consider a scheme of members’ allowances to be adopted by Westmorland and Furness Council.

(5)        As an interim measure, that the Shadow Authority adopts the scheme to pay the basic allowance as proposed, subject to immediate review.  Due to the points noted in (3) above, the scheme for payment of all Special Responsibility Allowances are set at zero, pending the immediate review.  Allowances will be adjusted and back-dated as soon as the Westmorland and Furness Independent Remuneration Panel (as proposed in 4) has reported and recommendations adopted.

Members expressed reservations regarding altering the recommendations of the IRP but overall felt that the usual process of producing a report from the IRP had not been followed due to the time constraints for producing the report and noted significant discrepancies in the report. Further discussion highlighted the expectations of the public on newly elected Shadow Authority Members and the scale of the task ahead for Members who would be continuing in their roles at their respective sovereign Councils.

The Technical Lead Legal and Democratic Work Stream and Monitoring Officer (South Lakeland District Council) confirmed that the proposed recommendation would result in the adoption of the scheme to pay the basic allowance with the scheme being subject to immediate review by a new IRP for the Shadow Authority. She added that Special Responsibility Allowances would be set to zero pending the review and would be backdated  to the beginning of the year, once a scheme had been agreed by the Shadow Authority. The new IRP would also be tasked with preparing a scheme from Vesting Day for the new Council.

RESOLVED – That

(1)        the report be noted;

(2)        the recommendations of the Independent Remuneration Panel and the Scheme of Member Allowances which it has proposed (Appendix 1) to be adopted for the shadow year with effect from the 9 May 2022 had been considered;

(3)        In the light of the limited time that the Independent Remuneration Panel had to collect evidence for the scheme, the lack of opportunity for member engagement and given the significant disparity with comparator councils, the Joint Committee cannot recommend to the Westmorland and Furness Shadow Authority to adopt, in its entirety, the proposed Scheme at its inaugural meeting for the shadow year;

(4)        the Shadow Authority is recommended to immediately authorise the Interim Monitoring Officer to advertise the recruitment of an Independent Remuneration Panel of 5 members for the Council to consider a scheme of members’ allowances to be adopted by Westmorland and Furness Council; and

(5)        the Shadow Authority as an interim measure, adopts the scheme to pay the basic allowance as proposed, subject to immediate review. Due to the points noted in (3) above, the scheme for payment of all Special Responsibility Allowances are set at zero, pending the immediate review. Allowances will be adjusted and back-dated as soon as the Westmorland and Furness Independent Remuneration Panel (as proposed in 4) has reported and recommendations adopted.