Co-option 09
Regular blog reader Noel Adams pointed out to me some time ago that some of our councillors were being briefed about the likelihood of a rash of co-options, probably next year. With the local government elections delayed until 2011, when the new super councils are due to take over, veteran councillors and MLAs who also hold council seats may be encouraged to step down if they want to benefit from any severance package (estimated maximum value £20,000).
That being the case, it's thought legislation may be passed to allow for a rash of co-options, rather than by-elections. Currently councillors can be co-opted, but only if no other councillor objects. Otherwise a by-election has to be fought.
At a meeting of the Assembly and Executive Review Committee yesterday the SDLP's Alex Attwood asked for some legal advice on how a system of mandatory co-options would sit alongside European rights conventions on the need for free and fair elections.
It's still early days as no legislation to allow for co-option has yet been published. But given the result in Dromore, one can imagine that some parties would be keener than others on a series of by-elections.
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Explain a little more please Mark. Does this mean members of existing councils can resign any time between now and 2011 and claim full severance? Or does a sliding scale apply, depending on length of service? When you're about it, would you kindly aggregate the salaries and allowances of Northern Ireland multi-members, MLAs, MPs and councillors, now that MPs are about to be made to declare their full expenses as well as salaries - hopefully with MLAS to follow?
This would give us a rounded portrait of quite a few small and medium size (and often family) businesses that must affect the nature of political behaviour to some extent. It could be you would have to hire an accountant for the task, or work jointly with the Belfast Telegraph, but it would be a worthy public service for the BBC to do it. ( Brian Walker)
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Being SDLP maybe its understandable why he did not refer to UK law that mirrors the ECHR law- The Human Rights Act 1998 and Article 3 of the of the First Protocol which says:
Right to free elections
The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature.
Does extending the life of local government 'reasonable' if there will still be 'free' elections? YES if Parliament says so. Cooption is legal if Parliament says it is.
Let us not forget that the alternative may still be unlawful as the people are denied a free election after 4 years!
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I have to agree Mark. I think some Unionists were a bit shocked by Dromore and no doubt co-options would be a preferred choice for the DUP's. They have every right to scared of the electorate.
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Co-options can also mean saving the cost of an election that is not considered necessary in the circumstances. Elections will be held in 2011 which is only two additional years to 2009. Based on electoral history there has not been the massive shake out at council level that occured in the Westminister and Assembly elections. If the DUP are afraid of the electorate the other side of the coin is that Jim Alister also needs more time to build his base. He has enough to do getting ready to fight for his EC seat in the near future. The UUP really needs Alister to weaken the DUP vote. His followers are not prone to vote for a liberal UUP and still have a thought pattern attached to the traditional DUP
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I have always been a believer that MLA's should not be councillors. It sends outs the wrong signals because if 1 council area gets more money than others then people will cry foul play. How many MLA's are councillors? I know Peter Robinson resigned from Castlereagh Council last year when he took the Finance jobs. Peter saw this as a conflict of interest. Well Mark this will give you and your hacks something to do.....
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