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ITEM CC8 -
PANEL REPORT
COUNTY COUNCIL
– 9 SEPTEMBER 2003
MEMBERS'
ALLOWANCES
Report of
the Independent Remuneration Panel to Oxfordshire County Council, August
2003
SUMMARY AND
RECOMMENDATIONS
Summary
The
Local Government Act 2000 provides that before any new scheme of allowances
is agreed, the Council is required to take into account the advice of
its duly appointed Independent Remuneration Panel on the levels and types
of allowances to be paid under that scheme.
The
Independent Remuneration Panel for Oxfordshire County Council has now
carried out a further review of the County Council’s scheme and this report
sets out the Panel’s recommendations.
RECOMMENDATIONS
The
recommendations are as follows:-
- that the
Basic Allowance payable to all Members be £7000 [Previous allowance:
£6,000]
(b) that,
in addition to the Basic Allowance, a Special Responsibility Allowance
(SRA) be paid as follows:-
- Executive
Members - £10,500 [Previous allowance: £6,000];
- Leader of
the Council - £7,000 (in addition to the allowance as an Executive
member) [Previous allowance: £6,000];
- Deputy Leader
of the Council - £3,500 (in addition to the allowance as an Executive
member) [Previous allowance: £4,000];
- Chairs (Chairmen)
of Scrutiny Committees - £5,250 [Previous allowance: £3,000];
- Deputy Chairs
(Chairmen) of Scrutiny Committees - £1,000 [Previous allowance: £2,000];
- Chair(man)
of the Planning & Regulation Committee - £2,333 [Previous allowance:
£2,000];
- Deputy Chair(man)
of the Planning & Regulation Committee - £1,167 [Previous allowance:
£1,000];
- Chair(man)
of the Best Value Committee - £2,333 [Previous allowance: £2,000];
- Deputy Chair(man)
of the Best Value Committee - £1,167 [Previous allowance: £1,000];
- Chair of
the Pension Fund Committee - £2,333 [Previous allowance: £1,000];
- Deputy Chair(man)
of the Pension Fund Committee - £1,167 [Previous allowance: £500];
- Chairs (Chairmen)
of other Committees (Standards and Democracy & Organisation) -
£1,000 [Previous allowance: £1,000];
- Deputy Chairs
(Chairmen) of other Committees - £500 [Previous allowance: £500];
- Third Party
Spokespersons on committees – 50% of the relevant Deputy Chair(man)’s
allowance [no previous allowance];
- Chair(man)
of the Council - £7,000 [Previous allowance: £2,000];
- Vice-Chair(man)
of the Council - £1,750 [Previous allowance: £1,000];
- Leader of
the Opposition - £10,500 [Previous allowance: £6,000];
(c)
that Dependant’s Carer’s Allowances be paid on the basis that:-
(i)
the allowances can only be claimed when an "approved duty"
is performed subject to the submission of receipts and to there
being no other statutory allowance available;
(ii)
that the basis of the carers' allowances be the actual cost
incurred up to the maximum hourly rates set out below:-
Childcare
- £5 per hour [no change]
Care
for dependant relatives - £15 per hour. [no change];
- that the Council
does not establish a co-opted members’ allowance;
- that all members
of the Council be made eligible for inclusion in the Local Government
Pension Scheme and that both Basic and Special Responsibility Allowances
be pensionable;
- that the Council’s
Basic and Special Responsibility Allowances be amended annually by reference
to the annual Local Government Pay Award for staff and that this should
take effect from the date on which the award for staff similarly takes
effect;
- that the effect
of the provision in (f) above be reviewed within three years of its
introduction;
- that the Council
adopts role descriptions describing all of the roles that County Councillors
perform within the authority;
- that the Council
adopts the practice of annual reporting by each member of the Council
on their Council year and that such reports be published;
- that the Council
adopts, for members, the travel and subsistence scheme that is applicable
to officers;
- that claims
made under the Council’s travel and subsistence scheme be accompanied
by receipts and/or any other relevant evidence of the costs incurred
and that claims under the scheme be made, in writing, within two months
of the relevant duty in respect of which the entitlement to the allowance
arises;
- that the Council’s
list of Eligible Duties for the purposes of travel and subsistence allowances
continue as existing with the following amendments:
- the addition
of:
- attendance
by a member at parish and town council meetings within the relevant
member’s division;
- activities
undertaken by the twelve Public Service Agreement Champions in pursuance
of the tasks described in the relevant role profiles;
- meetings
with officers undertaken by members in pursuance of bona fide constituency
business, subject to detailed definition and provided only that
open, accountable and simple administrative procedures can be established;
- attendance
at duly authorised seminars and training events;
- attendance
at other meetings/interviews which members are specifically invited
or requested to attend by officers in connection with Council business;
- the deletion
of attendance at political group meetings;
m. that
the revised allowances and rates be effective from 1 October 2003 or
as soon as administratively practicable thereafter.
MEMBERS’
ALLOWANCES
Report of
the Independent Remuneration Panel
to Oxfordshire
County Council, August 2003
Introduction
- The Local Government
Act 2000 and the Local Authorities (Members’ Allowances)(England) Regulations
2003 require local authorities to review their Allowances Schemes and
to appoint Independent Remuneration Panels to consider and make recommendations
on new schemes. The Government’s "Guidance on Consolidated Regulations
on Local Authority Allowances" outlines the main statutory provisions
and gives non-statutory guidance. In brief, the Regulations say that
the following issues are to be addressed by the Panel:
- Basic allowance:
each local authority must make provision for a basic,
flat rate allowance payable to all members. The allowance must be
the same for each councillor; it can be paid either in a lump sum
or in instalments.
- Special responsibility
allowance (SRA): each local authority may make provision
for the payment of special responsibility allowances for those councillors
who have significant responsibilities. The Panel has to recommend
the responsibilities that should be remunerated and the levels of
the allowances.
- Co-optees’ allowance:
each local authority may make provision for the payment
of an allowance to co-optees’ for attending meetings, conferences
and seminars.
- Childcare and
dependent carers’ allowance: local authorities may make
provision for the payment of an allowance to those councillors who
incur expenditure for the care of children or dependent relatives
whilst undertaking particular duties.
- Travel and subsistence:
each local authority may determine the levels of travel
and subsistence allowances and the duties to which they should apply.
- Pensions: each
local authority may specify which councillors, if any,
should be eligible for inclusion in the Local Government Pension Scheme
and which allowances (Basic and/or Special Responsibility)
should be pensionable.
- Indexation:
each local authority may determine that allowances should
be increased in accordance with a specified index and can identify
the index and set the number of years (not exceeding four) for which
it should apply.
- Backdating:
each local authority may determine that, where amendments
are made to an allowances scheme, the allowances as amended may be
backdated.
The
Independent Remuneration Panel
- The Independent
Remuneration Panel for Oxfordshire County Council is:-
- Dr Graham Curtis
Chairman of the Independent Advice Centre, Wantage
- Mike Fleming Director
of Human Resources & Corporate Services, John Radcliffe NHS Trust
- Linda Lloyd Commercial
Manager – ASDA Stores Ltd
- Bruce Moore Deputy
Chief Executive of the Anchor Trust
- Sir Peter North Principal
of Jesus College, Oxford.
- The Panel elected Sir
Peter North to be its Chairman and Bruce Moore to be Vice-Chairman.
Terms
of reference
- To make recommendations
to Oxfordshire County Council on the allowances that should be payable
to County Councillors in Oxfordshire, in accordance with the Local Authorities
(Members’ Allowances)(England) Regulations 2003 and to do so in the
following circumstances:
- annual recommendations
on the Council’s yearly scheme of allowances where the Council is
minded to amend the scheme of allowances otherwise than by reference
to a duly adopted index;
- when the Council
proposes to revise or modify any aspect of an existing scheme;
- where required
to do so by virtue of Regulations from the Government.
The
Panel’s Work
- We met as a Panel
over the summer of 2003 to carry out a review of the Council’s allowances.
The 2003 Regulations brought into effect certain changes to the scope
of allowances and we needed to take account of these provisions. At
the conclusion of the Panel’s previous review in Autumn 2001, we stated
that we would wish to undertake a comprehensive review of allowances
once the Council’s political management arrangements had been in place
for some time. We therefore wished to take the opportunity to review
the whole of the Council’s allowances scheme. We met on four occasions
–7 July, 16 July, 4 August and 13 August 2003 – to consider the new
regulations and review the Council’s allowances scheme generally.
- In conducting
our review, we had regard to a significant amount of information, which
included the following:
- Copies of the
Local Authorities (Members’ Allowances) (England) Regulations 2003
and of the Government’s "Guidance on Consolidated Regulations on Members’
Allowances for Local Authorities in England";
- Oxfordshire
allowances: the allowances schemes and/or Independent Panel reports
for Oxfordshire’s District Councils (Cherwell, Oxford City, South
Oxfordshire, Vale of White Horse and West Oxfordshire);
- County Council
allowances: details of the schemes and/or Panel reports of numerous
County Councils, especially those comparative authorities adjacent
to Oxfordshire and in the South East generally;
- An analysis
of responses to a questionnaire to Oxfordshire County Councillors
on the subject of the Council’s allowances scheme and the potential
changes made possible by the new Regulations;
- Copies of other
written submissions made by County Councillors;
- Wage rates:
information on wage rates in the Oxfordshire area and the Local Government
Association’s white collar median rate;
- The County Council’s
political management structure and details of the numbers of formal
meetings held during the period 1 January – 1 June 2003;
- Information
from the Council’s Social & Health Care Directorate concerning
approximate costs per hour for childcare and the care of dependants.
- We also interviewed
ten members of the Council, seeking in our selection of interviewees
to obtain a sample which was representative of the various roles
performed by members and representative also of political affiliation.
The Panel considered this to be an important source of information
additional to the written submissions. These interviews took the
form of a brief presentation/address from the member followed by
a question and answer session with the Panel. The following members
were interviewed on 4 August:
- Conservative:
- Cllr Keith
Mitchell – Leader of the Council
- Cllr David
Robertson – Executive Member for Transport
- Cllr Charles
Shouler
- Labour
- Cllr Liz
Brighouse – Leader of the Opposition
- Cllr Robert
Evans – Chair of the Learning & Culture Scrutiny Committee
- Cllr Ken
Harper – Chair of the Corporate Governance Scrutiny Committee
- Cllr Christine
Witcher
- Liberal
Democrat
- Cllr Margaret
Godden – Deputy Leader of the Council
- Cllr Zoé
Patrick
- Cllr Dermot
Roaf
- The Questionnaire
on allowances was circulated to all 70 members of the Council and
28 forms (40%) were returned in time for our consideration. Several
additional written submissions were also received.
- Our recommendations
were finalised at our meeting on 13 August, having considered all
the evidence submitted to us.
The
Adopted Approach and Underlying Principles
- We agreed at
the outset of our review that the nature of the task we had been asked
to undertake meant that we should make our recommendations based on
a range of evidence and without specific regard to budgetary implications.
We considered that it was the purpose of an independent
panel to make recommendations without regard to such political
matters. Our aim, as we saw it within the legislative context, was
to arrive at recommendations producing allowances appropriate to the
role(s) performed by Oxfordshire’s County Councillors within its political
management arrangements.
- We were concerned
that the allowances recommended should have the following underlying
principles:
- That County
Councillors in Oxfordshire should be remunerated fairly in proportion
to the tasks that they perform within the political management arrangements
operated under the Local Government Act 2000;
- That the allowances
should be such that all sections of the community could realistically
consider standing as a councillor without fear of the personal financial
consequences; this was considered important for the health of local
democracy;
- That an element
of a councillor’s time should be deemed to be voluntary;
- That the allowances
should provide another mechanism whereby members’ performance in their
roles could be made more open and publicly accountable.
Political
Structure
- We noted that
the Council had operated its current political management structure
since 5 November 2001. A joint Conservative-Liberal Democrat administration
was in place, operating an Executive system of decision-making with
a series of scrutiny committees providing challenge and policy focus.
A number of more regulatory committees were also in operation to carry
out statutory non-executive functions. All 70 members still met together
as the Council to agree the budget and policy. All members were also
involved in the important task of community representation within their
own electoral divisions.
- The Panel’s previous
recommendations of Autumn 2001 were made before these political arrangements
came into effect. We were therefore concerned in the present review
to see how far the various roles had developed, to gauge the time-commitment
involved and to assess the level of remuneration appropriate to the
reality of the work done by members.
Review
of Allowances
Basic Allowance
- It is required
under the relevant legislation that a Basic Allowance be provided
to all members of the Council and that it must be of the same value
for each. This allowance is intended to remunerate councillors for
their time spent as a councillor, covering all incidental costs incurred
by them as ordinary members of the Council, including the use of their
homes.
- In determining
an appropriate level of Basic Allowance, we had regard to:
- Oxfordshire
County Councillors’ own views as to the appropriate level of
Basic Allowance (as expressed both in written submissions and
in answer to interview questions);
- the current
level of Basic Allowance paid by the County Council and the
value of the Council’s Basic Allowance relative to that paid
by other County Councils, (principally those in the South East
and immediately adjacent to Oxfordshire) and by Oxfordshire’s
District Councils;
- the average
number of hours spent by councillors on Council-related work
and the range of activities covered;
- the need
to take into account a "voluntary service" principle;
- the roles
carried out by members not on the Executive of the Council or
acting as Chairs (Chairmen) of the various committees;
- information
as to wage rates in Oxfordshire and the South East;
- the daily
rate as adopted by the Local Government Association based on
the mean male non-manual wage (as derived from the New Earnings
Survey);
- examples
of potential indices by which allowances might be uprated each
year.
- The Basic
Allowance, in our view, is intended to recognise the many varying
calls on councillors’ time. It therefore covers the costs associated
with general constituency work and the work done by non-Executive
councillors as members of Scrutiny and other committees. We would
also expect that the Council would normally wish to share out such
committee responsibilities so that the general burden of formal
Council duties was fairly apportioned. Of course, some members with
the time and inclination may be more active in one aspect of Council
work than others may be. We considered that this was inevitable
and could not in any case be accommodated in a variable Basic Allowance
as the law forbids such an approach. In any case, while one councillor
may devote a large amount of time to furthering constituents’ interests
by pursuing scrutiny work, another may do so directly by handling
large amounts of casework.
- We are, however,
sympathetic to the view that Councillors’ performance in their roles
does need to be more open. We have recommended elsewhere in this
report that each Councillor publish an annual report of their activities.
This would, we believe, give due recognition to the work done by
all members as well as providing a further mechanism against which
the appropriateness of the Basic Allowance could be measured. Similarly
we have also recommended that formal role descriptions be adopted
to state the basic duties expected of councillors in their non-executive
roles.
Voluntary element
- We noted the
view expressed in the Government Guidance that a proportion of a
councillor’s time should continue to be voluntary and should not
be remunerated. This would reflect the fact that councillors choose
to stand for election, and that many do so in furtherance of their
own political convictions. The Panel has accepted this point. In
our review in 2001, we recommended that 40% of a member’s time be
deemed to be voluntary and the amount of the Basic Allowance was
discounted accordingly to £6,000.
- In our present
review, we were keen to see whether there were grounds for amending
this voluntary element "discount". We therefore looked at the rates
applied by other County Councils in the South East region and adjacent
to Oxfordshire. The most commonly applied value was 33%, although
it was 50% in the District Councils in Oxfordshire. We also noted
that questionnaire responses from Oxfordshire County Councillors
supported, in the main, the 40% figure. We therefore saw no pressing
reason to amend our previous value which was broadly in line with
practice elsewhere and not questioned by Oxfordshire’s County Councillors.
- For the avoidance
of doubt therefore, the Panel wishes the Council to recognise that
the figure recommended as Basic Allowance (and the figures subsequently
recommended as special responsibility allowance) is effectively
a figure which has already been discounted by 40%.
Determination of the
level of Basic Allowance
- The Panel
was concerned to determine whether the £6,000 Basic Allowance previously
recommended was now appropriate. Our starting point was to recognise
that this level had not been reviewed or increased (not even by
reference to an index) since Autumn 2001; there were therefore prima
facie grounds for increasing the Basic Allowance to compensate for
the ‘stand-still’ of the past two years. We then decided to look
at the levels of Basic Allowance paid by comparator County Councils
in the South East and those adjacent to Oxfordshire. This revealed
that Oxfordshire’s Basic Allowance was certainly low (if not exactly
the lowest) of these authorities. We then decided to compare the
present allowance against an average figure having applied to it
our own 40% discount. This revealed an average allowance from our
"family" of county councils of £7,500. This indicated to us that
Oxfordshire’s current Basic Allowance was still low on this
basis in comparison with similar authorities. We also took
note of the fact that Oxfordshire County Councillors themselves
were not wholly dissatisfied with the present amounts and their
suggestions for increase were modest (e.g. an additional £1,000).
We have therefore chosen to exercise our judgement directly in determining
the Basic Allowance figure having regard to all the evidence and
viewpoints placed before us, as well as our judgement as to the
extent of the voluntary element to be taken into consideration.
The Panel’s recommendation would therefore represent a modest increase
that brings the Council more into line with similar authorities.
If the Council does not wish to endorse this modest increase, then
the Council should be aware that its Basic Allowance will remain
significantly out of step with other authorities.
We
RECOMMEND that a Basic Allowance of £7,000 be payable to each County
Councillor. [Previous allowance: £6,000]
Special responsibility
allowance (SRA)
- We then considered
which posts should qualify for a Special Responsibility Allowance
and the appropriate level at which each allowance should be set.
- We had regard
to:
- the political
management arrangements set out in the Council’s Constitution
and the responsibilities performed within that framework;
- the range
and levels of SRA proposed in other authorities particularly
those in the South East and those adjacent to Oxfordshire;
- evidence
from Oxfordshire County Councillors (in person and through responses
to the questionnaire) as to whether current SRAs are appropriate
and as to suggestions for additional SRAs.
- The first point
of concern to us was to determine whether the relationship between the
Basic Allowance and the range of SRAs, and between the individual levels
of SRAs, was still appropriate. Previously, given that the political
management arrangements were then untried, we had adopted a simple ratio
approach, calculating SRAs by reference to the Basic Allowance. In doing
so, we felt it right that there should not at that stage be too great
a difference between the Basic Allowance and the largest Special Responsibility
Allowances. We wished in the present review to consider whether the
evolution of the roles since that time merited the same or a differing
approach. We wished therefore to look at the varied time commitments
and burdens of responsibility under each role. Consequently, we took
evidence from a Time Commitments Survey (2002) of County Councillors
as to the hours being worked on average. We would also have found it
very useful in this exercise if we had had access to formal role descriptions
which adequately described the roles that currently attract SRAs.
- We considered
that the most open and intelligible rationale for calculating SRAs would
be to continue to use the Basic Allowance as the building block and
then apply multipliers to it for each SRA. We noted that this was also
the approach commended in the Government’s "Guidance on Consolidated
Regulations for Local Authority Allowances" (paragraph 76).
- We then reassessed
the duties currently recognised with SRAs and considered additional
duties suggested by some members as meriting SRAs. We also wish to make
it clear that we have considered again the issue put to us on one or
two occasions that SRAs should be paid to "shadow" members of the Executive.
While the Opposition Group operates a shadow executive, which is undoubtedly
time-consuming for those members, these positions have not been established,
formally, as part of the Council’s new structure. They are, essentially,
voluntary positions, adopted for party political purposes. We
would, however, point to our Recommendation in paragraph 61 for the
payment of a SRA to the Leader of the Opposition. We do not consider
it appropriate to provide allowances for positions that are adopted
largely for party political purposes. We also note that the clear majority
of comparable authorities take a similar view and do not recognise an
allowance for Shadow Executives.
- We identified
the following positions within the Council’s proposed structure as meriting
a SRA (in addition to Basic Allowance):
- Executive
Members
- Leader of
the Council (in addition to the allowance as an Executive member);
- Deputy Leader
of the Council (in addition to the allowance as an Executive member);
- Chairs (Chairmen)
of Scrutiny Committees
- Deputy Chairs
(Chairmen) of Scrutiny Committees
- Chair(man)
of the Planning & Regulation Committee
- Deputy Chair(man)
of the Planning & Regulation Committee
- Chair(man)
of the Best Value Committee
- Deputy Chair(man)
of the Best Value Committee
- Chair(man)
of the Pension Fund Committee
- Deputy Chair(man)
of the Pension Fund Committee
- Chairs (Chairmen)
of other Committees (Standards, Democracy & Organisation)
- Deputy Chairs
(Chairmen) of other Committees
- Third Party
Spokespersons on committees
- Chair(man)
of the Council
- Vice-Chair(man)
of the Council
- Leader of
the Opposition
Executive
Members
- We noted that
under the Council’s new structure the Executive, as presently operated,
consists of nine members (including the Leader and Deputy Leader). We
also noted that decisions of the Executive are collective although each
member carries a portfolio responsibility in which they specialise.
- The Executive
meets fortnightly and, as expected, Executive Members work very closely
with senior officers. This results in regular informal meetings and
discussions in addition to the more formal meetings when executive decisions
are made. We also heard evidence from the responses to the Time Commitments
Questionnaire (2002) and the Members’ Allowances Questionnaire (2003)
and from interviews, that the workload of Executive members is heavy.
Some said it was effectively a full-time job, others that it was difficult
to hold down a full-time job while also serving as Executive members
on the Council. We noted that there was no formal arrangement for providing
dedicated assistance to each member of the Executive, although a part-time
paid Assistant to the Executive had recently been employed to carry
out aspects of research and co-ordination. There was therefore still
a heavy burden on Executive members.
- We also considered
the responsibilities and allowances attaching to Executive members from
the "family" of County Councils in the South East and adjacent to Oxfordshire.
It was clear that Oxfordshire’s allowance was low in comparison. Not
counting Basic Allowance, the next nearest Executive allowances to Oxfordshire
were £8,500 (Wiltshire) and £9,000 (Warwickshire). The average allowance
from the family of authorities was £12,948 – double that for Oxfordshire.
- Since our last
review, the Executive had created a Transport Implementation Committee,
a committee of the Executive dealing with certain transport issues.
This Committee comprises the Executive Members for Transport and for
Strategic Planning & Waste Management. The Committee had been set
up in the interests of efficiency to deal with work that had previously
been dealt with by the Executive as a whole. We considered whether this
would mean additional work for the two Executive members involved, or
significantly less work for their Executive colleagues. On balance we
thought that it would not, and this was endorsed by the Executive Member
for Transport himself and by other members of the Executive whom we
interviewed. We did not see any reason, therefore, to adopt a
variable approach to Executive allowances and have decided to recommend
one value for all.
- We were, however,
convinced that the level of allowances for Executive members was in
need of revision. We considered that it was still appropriate to link
the level of allowance by ratio to the Basic Allowance but decided that
the previous rationale of adding a value equivalent to a further Basic
Allowance was not sufficient. We regarded that a more appropriate and
equitable ratio, and one which would bring the Executive SRA allowance
closer to those of Oxfordshire’s peers, would be to allow Executive
members one and a half times the Basic Allowance on top of the Basic
Allowance itself. We make this recommendation believing it to accord
with a key principle – that in the interests of democracy people should
not be deterred from serving as members of the Executive through concerns
over financial loss and that the allowance should reflect the real demands
of the role. However, we were also concerned that these posts should
not be treated as a source of paid employment as this would call into
question the "voluntary element" of Council service.
We
RECOMMEND that a Special Responsibility Allowance of £10,500 be paid
to all Executive Members in addition to their Basic Allowance. [Previous
allowance: £6,000]
Leader
and Deputy Leader of the Council
- As we expected,
it has proved to be the case that the Leader and Deputy Leader of the
Council have had a significant additional workload above their duties
as ordinary members of the Council and as members of the Executive generally.
They both carry portfolios in addition to their roles as Chair(man)
and Deputy Chair(man) of the Executive. The Executive continues to meet
fortnightly, more frequently than any other meeting within the new structure.
- We looked at the
time-commitment given by the Leader and Deputy Leader. We also looked
at the comparative information from the family of County Councils in
the South East and adjacent to Oxfordshire as to the allowances available
to these positions. This showed Oxfordshire clearly to be low. Not counting
Basic Allowance, Wiltshire County Council (£11,500) was roughly equivalent
to Oxfordshire (£12,000); the next lowest Leader’s allowance was that
of Warwickshire County Council (£18,800) with the remainder providing
a Leader’s allowance in excess of £20,000. Not counting the outlier
of Kent County Council, the highest of the comparators was Buckinghamshire
County Council (£33,906). A similar pattern emerged in relation to the
allowance for the Deputy Leader. Given these considerations, we were
of the view that the SRAs for the Leader and Deputy Leader were in need
of increase.
- As previously,
we continued in our view that, as the legislation intended, the Leader
has a higher public profile and consequently carries more responsibility
than the Deputy Leader and we reflected this in our recommendation.
We therefore considered that the Leader should receive an allowance
(on top of Basic and Executive allowances) equivalent to 100% of the
Basic Allowance. We considered, on balance, that the Deputy Leader should
receive half that amount. The effect of our recommendations in relation
to the Leader’s allowance would, in terms of the comparisons made in
Paragraph 34, see Oxfordshire’s figure raised from £12,000 to £17,500.
We
RECOMMEND that a Special Responsibility Allowance of £7,000 should be
paid to the Leader (this to be in addition to the Executive members’
allowance and the Basic Allowance). [Previous allowance: £6,000]
We
RECOMMEND that a Special Responsibility Allowance of £3,500 should be
paid to the Deputy Leader of the Council (this to be in addition to
the Executive members’ allowance and the Basic Allowance). [Previous
allowance: £4,000]
Chairs
(Chairmen) and Deputy Chairs (Chairmen) of Scrutiny Committees
- When we previously
made recommendations in 2001, the Council had five 15-councillor Scrutiny
Committees. More recently, a sixth scrutiny committee, the Health Overview
& Scrutiny Committee, has come into operation to oversee the scrutiny
of local health services. This latter committee has seven councillors
and eight co-opted members. The frequency of the five original scrutiny
committees, as expected, was six meetings per year. The Health Overview
& Scrutiny Committee is likely to meet with similar frequency.
- As anticipated,
the Scrutiny Committees have performed a key function within the political
management arrangements. They scrutinise Executive decisions and the
authority’s performance generally and also assist in the formulation
of policy. We accept, however, that scrutiny committees do not have
to make executive decisions.
- We heard evidence,
in questionnaire responses and interviews, from Chairs (Chairmen) and
Deputy Chairs (Chairmen) as to the demands of the respective roles.
It emerged from Councillor responses that the Chairs (Chairmen) of Scrutiny
had a significant role, given that the scrutiny function is integral
to the operation of the management arrangements under the legislation.
However, we also learned that much of the work of scrutiny committees
is being done in Scrutiny Review Panels made up of members of the Committees
themselves. These Panels undertake specific research into service areas
and make recommendations upon them. The Chairs (Chairmen) of Scrutiny
Committees may or may not be members of the panels. Chairs do have a
formal role however in co-ordinating the work of their own committees
and in their capacity as members of the Scrutiny Co-ordinating Group
of scrutiny committee chairs and deputy chairs. This latter Group plans
and monitors the development of scrutiny generally and meets monthly.
Evidence from other similar authorities showed Oxfordshire’s allowance
for Scrutiny Chairs (Chairmen) to be the lowest. The average from the
family of similar authorities was £6,973 (double that for Oxfordshire).
- The role of Deputy
Scrutiny Chairs (Chairmen) was much more difficult to assess. Some Councillors
voiced concern that the work of Deputy Scrutiny Chairs (Chairmen) was
not onerous enough to merit a special responsibility allowance. We pursued
this further in interviews. It appeared that the degree to which Chairs
relied on their Deputies varied. Some Councillors said that the role
of Deputies was not so different from that of Third Party Spokespersons,
who up to now have not received an allowance. Again, we believe that
we would have been aided considerably in our assessment of this matter
if there had been a role description stating the Council’s understanding
as to the function of Deputy Chairs (Chairmen). In the absence of such
a description, we are faced with conflicting views as to the significance
of this position and have made our own assessment of the demands of
the job. We have nevertheless recommended elsewhere in this report that
such a profile be adopted at the earliest opportunity. Of nine other
authorities within the "family" of similar County Councils, five did
not give an allowance to the position of Deputy Scrutiny Chairs and
one did not have such a position at all. Oxfordshire is therefore somewhat
unusual in having a payment for this position.
- From the evidence
we have considered, we are clear that Deputy Chairs (Chairmen) do have
a function within the Constitution of the Council for aiding the Chair
in determining the business for, and chairing, meetings: the position
is therefore significant enough to merit a SRA. In the absence
of evidence to the contrary, however, (e.g from role descriptions and
annual reporting on performance), we believe that the significance of
the role is not so great as we had previously judged.
- It remains our
view that a well-managed and effective scrutiny function is essential
to the good performance of the Council. The Chairs of scrutiny committees
– within their own meetings and as part of the Scrutiny Co-ordinating
Group – have an important role to play. We consider that the Scrutiny
function in Oxfordshire County Council is still evolving and we will
want to revisit any allowances we recommend to ensure that remuneration
continues to be applied where the burdens most clearly fall.
- Our recommendation
for Scrutiny Chairs (Chairmen) is therefore that the SRA be increased
to a value equivalent to three-quarters of a Basic Allowance: this would
represent an uplift in real terms (based on an uplifted Basic Allowance)
and would bring this allowance into line with regional comparators.
Our recommendation for Deputy Scrutiny Chairs (Chairmen) is that the
allowance should be reduced and that it should represent one-seventh
of a Basic Allowance.
We
RECOMMEND that each Chair(man) of a Scrutiny Committee should receive
a Special Responsibility Allowance of £5,250. [Previous allowance: £3,000]
We
RECOMMEND that each Deputy Chair(man) of the six Scrutiny Committees
be paid a Special Responsibility Allowance of £1,000. [Previous allowance:
£2,000]
Chair(man)
of the Planning & Regulation Committee
- The Planning &
Regulation Committee is a 15 member committee dealing with a range of
quasi-judicial non-Executive regulatory functions. It meets every six
weeks and carries a heavy workload requiring occasional site visits
(of, possibly, a day’s duration). There are specific requirements for
the Chairman and members to be trained in the necessary law and regulations.
- We consider that
allowances for the Chair(man) and Deputy Chair(man) of this Committee
should reflect the not inconsiderable burdens involved.
- We had previously
equated the allowances for this committee to those of a Deputy Scrutiny
Chair. Having assessed the work of the Chair/Deputy of this Committee
and having revised our view of the role of Deputy Chairs (Chairmen)
of Scrutiny, we have now departed from this view: the demands of this
Committee are clearly greater than our previous linkage allowed. We
considered it appropriate that the SRA for the Chair(man) of this Committee
should be one-third of a Basic Allowance and that for the Deputy Chair(man)
should be one-sixth of a Basic Allowance.
We
RECOMMEND that the Chair(man) of the Planning & Regulation Committee
be paid a Special Responsibility Allowance of £2,333. [Previous allowance:
£2,000]
We
RECOMMEND that the Deputy Chair(man) of the Planning & Regulation
Committee be paid a Special Responsibility Allowance of £1,167. [Previous
allowance: £1,000]
Chair(man)
and Deputy Chair(man) of the Best Value Committee
- We noted that,
as with the Planning & Regulation Committee, the Best Value Committee
meets on a six-weekly basis. It comprises nine members and three co-opted
members and has an important role to play in managing individual Best
Value reviews.
- Again, we considered
that the chairing of this Committee would involve a considerable amount
of work above that of the ordinary member.
- Previously we
equated the overall burdens on the Chair(man) and Deputy Chair(man)
of this Committee with those of their colleagues in the chair of the
Planning & Regulation Committee. We believe that this continues
to be the case.
We
RECOMMEND that the Chair(man) of the Best Value Committee be paid a
Special Responsibility Allowance of £2,333. [Previous allowance: £2,000]
We
RECOMMEND that the Deputy Chair(man) of the Best Value Committee be
paid a Special Responsibility Allowance of £1,167. [Previous allowance:
£1,000]
Chair
(Chairman) of the Pension Fund Committee
- The Pension Fund
Committee is responsible for the management of Oxfordshire’s pension
fund, a not inconsiderable responsibility. We received evidence that
this Committee has in fact met with the same frequency as the Best Value
and Planning & Regulation Committees and has similarly performed
an important non-executive responsibility. We considered that the current
SRAs for the Chair(man) and Deputy Chair(man) should be increased accordingly
and that they should equate to our recommended SRAs for the Best Value
and Planning & Regulation Committees.
- We did consider
whether there should be a separate SRA for the role of Chairing the
Pension Benefits Sub-Committee. We decided against this as it was our
view that the responsibilities in connection with the Sub-Committee
flowed from the Pension Fund Committee itself.
We
RECOMMEND that the Chair(man) of the Pension Fund Committee be paid
a Special Responsibility Allowance of £2,333. [Previous allowance: £1,000]
We
RECOMMEND that the Deputy Chair(man) of the Pension Fund Committee be
paid a Special Responsibility Allowance of £1,167. [Previous allowance:
£500]
Chair
(Chairman) of the Standards Committee and the Democracy & Organisation
Committee
- We noted the work
of these committees whose purpose was to deal with matters that fall
outside the remit of the Executive:
- Standards
Committee: the Council’s Standards Committee comprises six councillors
plus two co-opted members; its function is to exercise the statutory
functions relating to the local Code of Conduct and related issues.
We note that it meets twice a year unless occasion demands that it
meet to consider a particular case or issue in the meantime.
- Democracy
& Organisation Committee: this Committee exercises functions
relating to the electoral process, personnel and (through panels and
sub-committees) appeals and appointments. It meets twice yearly and
additionally as required.
- Given that these
committees carry out specific functions of the County Council we consider
that it is appropriate that the chairing of them should merit SRAs.
However, as their frequency has not been great, we judge that there
is no compelling reason to amend the existing level of allowances. We
therefore recommend that the SRAs for the Chairs (Chairmen) and Deputy
Chairs (Chairmen) of these committees remain at their present levels.
We
RECOMMEND that the Chairs (Chairmen) of the Standards Committee and
the Democracy & Organisation Committee be paid a Special Responsibility
Allowance of £1,000 each. [Previous allowance: £1,000]
We
RECOMMEND that Deputy Chairs(men) of these committees be paid a Special
Responsibility Allowance of £500 each. [Previous allowance: £500]
Third
Party Spokespersons
- It is a feature
of this Council’s political management that each of the Committees mentioned
in this report is organised through an informal "tripartite" arrangement.
That is to say, each Committee has a Chair (Chairman), a Deputy Chair
(Chairman) and a Third Party Spokeperson. This latter position is not
specified in the Council’s Constitution and has not been previously
considered by this Panel. The Third Party Spokesperson is nominated
by the party which does not hold either the Chair or Deputy Chair of
the particular committee.
- We learned that
Chairs of Committees often consult their Deputies and the Spokespersons
about issues of agenda and meeting management or issues likely to be
of political concern. Political Groups might then expect to receive
a report from their Spokespersons about the work of the committee. Apart
from these general observations, however, we received no clear impressions
about the workload involved although several of the interviewees were
disposed to approve an allowance for this role. Again, there was no
role description to aid our consideration. It was evident, however,
that Third Party Spokespersons did perform a role of greater significance
than that of ordinary members of the committees. We therefore decided
that it would be unfair not to recognise the commitment required in
this position. Clearly the role was not equivalent to that of the Deputy
Chair (Chairman) as the Third Party Spokesperson would not be required
to chair the meeting. The allowance would therefore need to be lower
than that for Deputy Chairs (Chairmen). We considered that, in any case,
it was appropriate to offer only a nominal allowance at this stage.
We have therefore recommended that Third Party Spokespersons receive
a SRA amounting to a half of that afforded to the Deputy Chairs (Chairmen)
of the relevant committee. With the adoption of role descriptions and
annual reporting, we would hope that any need to revise the allowance
would become apparent.
We
RECOMMEND that Third Party Spokespersons of Council committees be paid
a Special Responsibility Allowance of one-half of that provided to the
Deputy Chairs (Chairmen) of the relevant committees in addition to their
Basic Allowance. [No previous allowance]
Chair(man)
of the Council
- The Chairman of
the Council fulfils a central role within the Council. As Chair of the
formal Council meetings, the Chairman presides over budget-setting and
policy discussions. Council still continues to meet six times a year
and more frequently as necessary. In addition the role continues to
involve extensive civic/ceremonial duties. This latter element can take
up a good degree of time. This was borne out by the diary of events
undertaken by the Chairman of the Council throughout 2002.
- We found it significant
that all of the interviewees (albeit including a former Chairman of
the Council) expressed the view that the current Chairman’s allowances
was low. We looked at the allowances paid to Chairmen by the family
of similar authorities. Again Oxfordshire’s allowance (£2,000) was by
far the lowest. The nearest was £6,000 (Wiltshire), the highest £20,441
(West Sussex). The average was £10,241 – five times that of Oxfordshire.
Against this, we again noted that the level of allowance that has been
paid to the Chair(man) in Oxfordshire has been traditionally relatively
low in comparison with that paid to Chairs (Chairmen) of other authorities.
Also, it is the case that while the civic/ceremonial role does usually
involve numerous engagements, these can provide a degree of social reward.
- We noted in our
original recommendations of 2001 that we wished to review the allowance
made to the Chairman in the light of actual experience under the new
arrangements. We consider that it would have helped us understand more
fully the Council’s expectations of the Chairman of the Council if there
had been an agreed profile of the role itself. Nevertheless, from the
evidence available to date it is our view that the Chairman’s allowance
is in need of a significant increase. We have therefore recommended
that the Chair (Chairman) receive a SRA equivalent to a Basic Allowance.
- We considered
that the Vice-Chair(man)’s allowance also needed revision, although
for differing reasons. Vice-Chairs (Chairmen) deputise for the Chairman
both in terms of chairing meetings of Council and in attending civic
engagements. It is also the case that past chairs (chairmen) are called
upon to attend certain civic engagements. We believed that the allowance
for the Vice-Chair (Chairman) should therefore be reduced to one quarter
of a Basic Allowance i.e. a quarter of that provided to the Chair (Chairman).
We
RECOMMEND that the Vice-Chair(man) of the Council be paid a Special
Responsibility Allowance of £7,000. [Previous allowance: £2,000]
We
RECOMMEND that the Vice-Chair(man) of the Council be paid a Special
Responsibility Allowance of £1,750. [Previous allowance: £1,000]
Leader
of the Opposition
- We noted that
position of "Leader of the Opposition" continues to be an integral part
of the Council’s political management structure. We remain of the view
that, in the interests of democracy, the importance of this position
should continue to be recognised (as it is in Parliament). While the
Scrutiny function performs the formal role of challenging the Executive,
it is still right that the Leader of the main Opposition Party should
provide a robust, comprehensive and well-informed counterpoint to the
ruling administration. We saw no reason to alter our view that an effective
Leader of the Opposition needs to invest significant time and effort
in keeping abreast of the work of the Executive, the Scrutiny Committees
and the Council as a whole. It is appropriate, therefore, in our view,
that the burden of this role should be adequately remunerated and that
such remuneration should be equivalent to that afforded to ordinary
members of the Executive.
- As in 2001, we
received comments from some members that the position of the Deputy
Leader of the Opposition should also be remunerated. We have not been
convinced by this.
- We further considered
that the role of Leader of the Opposition was wholly distinct from the
role of "political group leader". In short, we could not see any cogent
reason for political group leaders to be given a SRA within the new
arrangements. The organisation of party politics comes, in our view,
within the "voluntary" aspect of a councillor’s commitment and should
not therefore be remunerated. This includes, in our view, the position
of Deputy Leader of the Opposition. It remains our view that without
any compelling evidence to the contrary it would be inappropriate to
allow a further SRA in addition to that already afforded to the Leader
of the Opposition.
We
RECOMMEND that the Leader of the Opposition be paid a Special Responsibility
Allowance, in addition to the Basic Allowance, of £10,500. [Previous
allowance: £6,000]
General
matters
- The Government’s
Guidance with which Independent Remuneration Panels have been provided
indicates that Basic Allowances and SRAs may be paid either in a lump
sum or monthly. We see force in their payment on a monthly basis.
- We recognise that
the personal financial circumstances of individual councillors vary
considerably. We are also aware of the view that some feel that the
voluntary element in the work of a councillor should be assessed at
a higher percentage than the 40% which we have determined. We therefore
recommend that the Council provide in the terms of its scheme of allowances
that councillors may choose to forgo all or part of their Basic Allowance
at any time and for periods of time.
Dependants’
Carers' Allowances
- Councillors’ responses
to the questionnaire on allowances unanimously supported the continuation
of the allowances to cover the costs of childcare and the care of dependants.
We heard that only one Councillor had made use of these allowances since
their inception. Nevertheless, we remain of the view that the provision
of childcare and dependant carers’ allowances is right and will serve
to encourage participation in the Council’s activities from both existing
and future councillors. We considered that the levels should be set
realistically and with an emphasis on encouraging participation in the
work of the Council.
- We looked at the
rates agreed by the county’s five District Councils. These were roughly
equivalent to those we recommended in 2001. Opinion from County Councillors
showed satisfaction with the existing levels. We also received information
from the Council’s Social & Health Care Directorate as to the rates
that the authority expected to pay locally - £3 per hour (Childcare)
and an average of £14.85 for the care of dependants. We therefore considered
it appropriate to leave the present levels unchanged.
We
RECOMMEND
- that
Childcare and Dependant Carers’ Allowances be introduced on
the basis that the allowances can only be claimed when an
"approved duty" is performed and subject to the submission
of receipts and to there being no other statutory allowance
available;
- that
Childcare and Dependent Carers’ Allowances be provided to
repay the actual cost of care incurred up to the maximum hourly
rates set out below:-
Childcare
- £5 per hour [Previous allowance: £5]
Dependant
Care - £15 per hour [Previous allowance: £15]
Co-optees’
allowance
- The Regulations
also introduced the possibility for Council’s to provide the co-opted
members of its committees with an allowance for attendance at "conferences
and meetings". We were provided with information as to the number of
co-opted members and the bodies/organisations (if any) which they represented.
It was the Panel’s role to determine whether such an allowance should
be payable and, if so, the level of the allowance. The Government’s
Guidance (paragraph 81) indicated that "some element of the contribution…should
be voluntary". The over-riding concern in the Guidance was that non-councillors
should be encouraged to participate in local government and that they
should not be financially disadvantaged by their civic activity. We
expressed the concern that some co-optees would probably already get
payment for their service on the committee from the body/organisation
that they represented. In the end, we were not persuaded that there
was any clear case for establishing a co-optees’ allowance.
We
RECOMMEND that the Council does not establish a co-opted members’
allowance.
Pensions
- The new Regulations
introduced the potential for councillors’ allowances to be pensionable
through the Local Government Pension Scheme. The Panel’s role was to
make recommendations as to which members should be entitled to pensions
and whether Basic Allowance and/or Special Responsibility Allowances
should be pensionable. The Regulations made it clear that councils could
not allow entry to the pension scheme to anyone who had not first been
recommended by the Panel. We therefore considered the subject very carefully.
- The majority of
those members giving a view on the subject said that all members should
be eligible for pensions on the grounds of equity. In interviews, some
members expressed the view that the provision of pensions could also
be an encouragement to younger people to consider standing as councillors.
- On balance, we
decided that all members should be eligible for entry into the Local
Government Pension Scheme and that this should be on the basis of both
their Basic and Special Responsibility Allowances. It would then be
for each member to decide whether or not it was personally advantageous
to join.
We
RECOMMEND that all members of the Council be made eligible for
inclusion in the Local Government Pension Scheme and that both Basic
and Special Responsibility Allowances be pensionable.
Indexation
- The Regulations
permit Councils to determine whether adjustments to allowances should
be made by reference to an index and, if so, to decide upon the index
and the length of its application (up to a maximum of four years). We
therefore looked at information as to the indices that might be appropriate
to members’ allowance, including the Retail Price Index, the Average
Earnings Index and the percentage increase to local government officers’
pay. We also received information as to the index (if any) that had
been adopted by the family of similar authorities. In the latter case,
it appeared that most had opted to link allowances to the percentage
increase in local government officers’ pay. We too were of the view
that this was the most obvious and relevant index.
We
RECOMMEND:
- that
the Council’s Basic and Special Responsibility Allowances
be amended annually by reference to the annual Local Government
Pay Award for staff and that this should take effect from
the date on which the award for staff similarly takes effect;
- that
the effect of the provision in (1) above be reviewed within
three years of its introduction.
Backdating
of allowances
- The Regulations
also made it possible for Councils to decide whether, if amendments
were made to a scheme of allowances, the payment of the amended allowances
should be backdated.
- We could see no
reason for adopting such an arrangement with regard to the allowances
and rates recommended in this report. We therefore point to our recommendation
at Paragraph 84 concerning the date upon which we believe the revised
rates and allowances should become effective.
Travelling
and Subsistence Allowances
- Since we last
considered allowances in 2001, the law has changed to make councils
responsible for determining the levels of travel and subsistence allowances
and the duties for which they should be applicable. Previously the levels
were set by the relevant Secretary of State. The Panel therefore had
the role of making recommendations to the Council on both these matters.
- We specifically
looked at the travel and subsistence arrangements adopted in the five
Oxfordshire District Councils (this gave a local overview and was also
pertinent given that a number of County Councillors are also District
Council members) and those adopted by the family of similar county councils.
We were also conscious from our previous review that many members had
concerns about travel within their own divisions, particularly to parish
and town council meetings. We therefore obtained the advice of the Office
of the Deputy Prime Minister and were informed that it would be in order
for constituency travel to parish and town council meetings to be included
within the Council’s scheme of allowances.
- We also considered
whether several other duties performed by Councillors should be eligible
for travel and subsistence allowances. We shared members’ views that
some flexibility was required in the scheme of allowances to match the
flexibility that the political management arrangements require Councillors
themselves to exhibit. We therefore took note of the following activities:
- Attendance
at parish and town council meetings: we were convinced that attendance
at parish/town council meetings was virtually expected of those members
who had such councils in their divisions. It seemed to us right that
members should be able to claim travel and subsistence allowances
for such journeys.
- Meetings
with officers for bona fide constituency business: we learned
that members often need to meet officers in order to resolve aspects
of members’ casework and constituency business. We believed that,
subject to detailed definition, members should be able to claim travel
allowances for these purposes
- Attendance
at duly authorised seminars and events: the Council provides
members with a programme of development opportunities and facilitates
attendance at seminars and conferences. In our view it is important
that members develop their skills and that they are encouraged to
do so. Extending travel and subsistence allowances for this purpose
is wholly appropriate.
- Meetings/interviews
to which members are specifically invited: members are occasionally
asked by officers to take part in interviews for the purpose of reviewing
aspects of the political management arrangements or indeed during
such reviews as the present. They are also invited to specific meetings
or occasions for the purpose of eliciting their comments or views.
It seems to us only fair that members are not left out of pocket as
a result of such exercises and that travel and subsistence allowances
should be available for these purposes.
- Activities
of Public Service Agreement (PSA) Champions: we learned that the
Council has appointed twelve non-Executive members to be "PSA Champions"
to be responsible for the various "Public Service Agreements" that
the Council has entered into with the Government. Under these agreements,
the Council has committed itself to meeting certain service targets
in return for which the Council has been provided with pump priming
money with the added incentive of receiving up to £11 million further
funding if the targets are met. Job descriptions had been agreed for
these roles but the positions have yet to be developed. We
did not have sufficient evidence to warrant recommending SRAs for
these posts at this time. We did wish however to recognise the potential
importance of the Champions’ activities by including them within the
scope of travel and subsistence allowances. The Champions will need
to meet officers and Executive colleagues in pursuance of their work
and we felt it appropriate that this should be recompensed.
- We did have concerns
that one particular activity should no longer be allowed to attract
a travel allowance; namely, attendance at political group meetings.
Currently, the Council allows each member to claim travel (not subsistence)
allowances for attendance at up to sixteen political group meetings
per year. It is our understanding that the relevant Regulations do not
in fact permit the continued payment of travel allowances for this purpose.
Even if they did, it is our firm view that the payment of travel allowances
for the attendance of political group meetings is wholly inappropriate.
Some may argue that political group meetings are an integral mechanism
through which the Council manages its business. It has been our consistent
view, however - expressed elsewhere in this report (Paragraph 61) -
that the organisation of party politics comes within the voluntary aspect
of a member’s service and should not be remunerated by the public. Our
reading of the Regulations and our view on the organisation of party
politics therefore leads us to recommend that attendance at political
group meetings should no longer be regarded as an approved duty for
the purposes of travel allowances.
- In determining
the levels of allowances to be paid, we considered options for banding
the travel allowances - dividing the county into "zones" - but found
it difficult to determine a formula that would continue to provide equitable,
across-the-board remuneration. We therefore came to the conclusion that
a system based on ‘per mile’ rates and claims was the best way forward.
It appeared to us that the most sensible solution would be to apply
to members the same travel and subsistence levels that currently apply
to officers. This would also include travel by bicycle.
- We were however
very mindful that any system of travel and subsistence allowances should
be open, accountable and also simple to administer. We heard that the
County Treasurer’s staff had often had difficulty in assessing whether
claims submitted by members were in fact "approved duties" under the
terms of the scheme and had spent a disproportionate amount of time
seeking confirmation of actual attendance at the relevant events. We
trust that our recommendations for additional approved duties in Paragraph
75 can be so defined in the actual scheme of allowances that the task
of assessing claims becomes easier. Greater clarity will help both members
and officers. Indeed, it is our view that claims for allowances should
only be entertained if the Council can ensure that eligibility is sufficiently
defined and that audit trails are sufficiently established. It seems
to us quite clear that if members forget to submit their claims, do
not submit them in the relevant manner or do not provide the relevant
receipts, then payments should not be made.
- We are therefore
of the view that members themselves need to be prompt and well-organised
in respect of submitting their claims. We think it would be beneficial
to introduce a time limit within which such claims must be made. This
is currently the case for carers’ allowances, which must be claimed
within two months of the expenditure having been incurred. We recommend
that this provision be extended to cover travel and subsistence allowances
generally.
We
RECOMMEND:
- that
the Council adopts, for members, the travel and subsistence
scheme that is applicable to officers;
- that
claims made under the Council’s travel and subsistence scheme
be accompanied by receipts and/or any other relevant evidence
of the costs incurred and that claims under the scheme be
made, in writing, within two months of the relevant duty in
respect of which the entitlement to the allowance arises;
- that
the Council’s list of Eligible Duties for the purposes of
travel and subsistence allowances continue as existing with
the following amendments:
(i) the
addition of:
- attendance
by a member at parish and town council meetings within the relevant
member’s divisions;
- activities
undertaken by the twelve Public Service Agreement Champions
in pursuance of the tasks described in the relevant role profiles;
- meetings
with officers undertaken by members in pursuance of bona fide
constituency business, subject to detailed definition and provided
only that open, accountable and simple administrative procedures
can be established;
- attendance
at duly authorised seminars and training events;
- attendance
at other meetings/interviews which members are specifically
invited or requested to attend by officers in connection with
Council business;
(ii) the
deletion of attendance at political group meetings.
Accountability
– role descriptions and annual reports
- Independent Remuneration
Panels exist to help give greater transparency and accountability to
local government. In assessing the appropriate level of allowances,
Panels must consider the roles that councillors perform. Panels must
therefore make a judgement as to whether the roles and activities are
real and whether the remuneration recommended is appropriate. It is
legitimate for Panels to be concerned that information on councillors’
roles, and members’ performance of them, is available.
- We have made our
view clear at various points in this report that the adoption by the
Council of role descriptions describing the work of councillors would
be very beneficial: it would certainly assist us in our work and we
consider this to be a sufficient reason for their adoption. However,
we also believe that they would give members themselves, and the public
they serve, much greater clarity as to what is expected of them and
so would contribute to openness and accountability generally. They would
also provide prospective councillors with a clearer understanding of
what becoming a County Councillor in Oxfordshire would involve. This
can only be good for local democracy.
- We are also of
the view that the Council should adopt the practice of annual reporting
by all members of Council on their activities. This would give a much
clearer picture of the roles members perform and would provide a further
means by which the outworking of the Council’s political management
and community representation could be assessed, by this Panel and by
the public. These could be in a standard format and could then be published,
for example on the Council’s website. We have seen examples of such
reports from other authorities and note that other Independent Remuneration
Panels have similarly requested that such report-making be adopted.
- We are therefore
very clear in our view that the Council should adopt both role descriptions
and the practice of publishing annual reports and would hope that this
can be done within the current Council year.
We
RECOMMEND
- that
the Council adopts role profiles describing all the roles
that County Councillors perform within this authority;
- that
the Council adopts the practice of annual reporting by each
member of Council on their Council year and that such reports
are published.
Commencement
- It is our view
that, if practical administratively, the revised rates and allowances
recommended in this report be adopted from 1 October 2003.
We
RECOMMEND that the revised rates and allowances recommended in this
report be effective from 1 October 2003 or as soon as administratively
practicable thereafter.
Conclusion
- In making our
present recommendations, we have taken into account the Council’s political
management arrangements as currently operated, and the roles and posts
recognised within it. We have not taken account of any political or
budgetary considerations. The allowances we have recommended represent,
in general terms, an increase on previous years yet they are not high.
Members in similar authorities in the South East have afforded themselves
much higher remuneration. By contrast Oxfordshire County Council has
for many years set a low level of allowances. In our present review
we believe we have begun to address this disparity. Under our recommendations,
Oxfordshire County Council’s allowances would still be below the average
for similar authorities and the Council does need to consider our present
and future recommendations in this context.
- Nevertheless,
we do believe that the allowances we have recommended represent a better
standard of remuneration for the roles members currently perform in
Oxfordshire. The adoption of role descriptions and annual reporting
would assist us in keeping track of members’ workloads and their performance.
It is important that these are monitored to ensure that remuneration
continues to be fair. Clearly, if new posts are created within the management
arrangements or if any significant alterations occur to the workload
of existing postholders, then we would want to meet to consider such
matters. We would be happy to do so should the occasion arise.
SIR
PETER NORTH
Chairman
Independent
Remuneration Panel for Oxfordshire County Council.
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