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CC8 Supplement

COUNTY COUNCIL – 9 SEPTEMBER 2003

ITEM 8 : MEMBERS' ALLOWANCES - ATTENDANCE AT POLITICAL GROUP MEETINGS

Supplementary report by the Assistant Chief Executive & Monitoring Officer

  1. Paragraph 76 of the report of the Independent Remuneration Panel records the Panel’s understanding that the relevant Regulations do not permit the continued payment of travel allowances for the purpose of attendance at political group meetings. This view is believed to be based on a suggestion reported to have been made to Cherwell District Council by Office of the Deputy Prime Minister (ODPM) that attendance at political group meetings may not be reckoned for the purposes of such allowances.

  2. The relevant current Regulations are the Local Authorities (Members’ Allowances) Regulations 2003. Regulation 8(1)(h) (repeating the wording of previous Regulations) permits a local authority to pay travelling and subsistence allowances in respect of "the carrying out of any … duty approved by the authority, or any duty of a class so approved, for the purpose of, or in connection with, the discharge of the functions of the authority or of any of its committees or sub-committees".

  3. Oxfordshire County Council has historically included attendance at a proportion of political group meetings among the duties specified for the purpose of the Regulations as eligible for the payment of travel expenses. This is based on the premise that group meetings contribute directly to the functioning of the Council, for example:

    • Prior consideration by the political groups of business to be decided at meetings of the Council and committees is regarded as an integral part of the preparation for those meetings and makes a major contribution to the conduct of debate.

    • Nominations for membership of committees etc are arranged though the political groups. This reflects the provisions of Part III of the Local Government (Committees and Political Groups) Regulations 1990, which requires the authority to give effect to the wishes of the respective political groups in appointing members to committees and sub-committees.

    • The political groups also act as a sounding board on issues which may not require formal determination by the authority but are nevertheless relevant to the conduct of its affairs or the requirements of local governance.

  1. The principle appears to be supported by the ODPM Guidance on Consolidated Regulations for Local Authority Allowances, which recognizes "attendance at political group meetings" as part of "the time commitment of all councillors".

  2. The existing Council rules (see paragraph (m) on Page II5 of the Constitution) specify a maximum of 16 group meetings a year "related to the work of the Council" and provide that only travel expenses – not subsistence – are payable, reflecting the expectation that, as well as matters directly relevant to Council business, group meetings are likely to discuss purely political and "domestic" matters also.

  3. In conclusion, there appears to have been no material change in either the relevant legislation or the justification for the existing practice. My advice is therefore that as a matter of law it is open to the Council to continue to pay travel expenses on the same basis as hitherto, if that is what it wishes to do.

C J IMPEY
Assistant Chief Executive & Monitoring Officer

Background Papers: Nil

Contact Officer: Glenn Watson/John Leverton (01865) 815270/815314

September 2003

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