Local services to be made mandatory under new bill

A new clause in proposed legislation covering the local authority responsibilities would make services already being provided locally mandatory, the infrastructure minister has said.

The Local Government Amendment Bill 2023 includes updates to duties like by-law processes and members expenses.

But some authorities have raised concerns part of the proposed legislation would mandate new functions without providing additional funding.

Infrastructure Minister Michelle Haywood said local authorities have the opportunity to make representations on bill ahead of the general election in April.

Haywood told the Local Democracy Reporting Service the new clause would mean if a local authority stopped carrying out a service the department could step in to continue to provide it and "impose charges back" on to the commissioners.

She said services such as providing civic amenity sites, libraries or town halls were not currently required of local authorities, although they were expected by the public and paid for through rates.

The Department of Infrastructure recently announced it would stepping in to keep the Northern Civic Amenity Site running after the board made up of local authorities handed back its contract in a row over funding.

Another clause under consideration would set standards for local authority services, Haywood said.

Peel Commissioners voiced concerns in February that the authority had not been consulted on the inclusion of the new clauses.

The board argued that making some services mandatory was "open-ended" and "allowed any function" to be added by the department.

Lezayre Commissioners also objected, and agreed to write to the minister to outline that it was against the bill.

Haywood said as the amendment had been brought forward by Lawrie Hooper, who although now a political member for the department was at the time a backbencher, there was no need to consult on it.

However, she said local authorities had an opportunity to provide their views about the bill before the local authority elections on 24 April.

The bill has passed through the House of Keys and is set to be considered by Legislative Council next.

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