Hampshire Fire and Rescue Authority Item 12

29 May, 2003

The Local Authorities (Members' Allowances) (England) Regulations 2003

Report of the Clerk

Mr. K. Ridout (01962) 847356.

1. These new Regulations came into force on 1 May, 2003. They require Fire Authorities for the first time to make a scheme for the payment of basic allowance, special responsibility, travelling and subsistence and other specified Members' allowances before 30 September, 2003.

2. Unlike for local authorities, there is no requirement for Fire Authorities to advertise and appoint their own independent remuneration panels and for them to make recommendations to the Authority on the level of allowances. However, it is recommended that the discipline of an independent body considering all aspects of allowances and then making recommendations to the Authority is a good one which should be applied notwithstanding the absence of a statutory requirement to do so.

3. At present, the County Council's Independent Remuneration Panel recommends appropriate allowances in relation to the Chairman of the HFRA and to Minority Parties' Spokespersons, but only where the office holder is a County Councillor. The County Council's Independent Remuneration Panel is to meet again shortly to consider the implications of the new regulations and the Fire Authority may wish to ask that panel to consider the position in relation to its own Members' allowances. Alternatively, the Independent Remuneration Panels established by Portsmouth and Southampton City Councils could be asked to undertake this role. A further option would be for the Fire Authority to investigate establishing its own Independent Remuneration Panel comprising perhaps of one member drawn from each of the existing County, Southampton and Portsmouth City Council remuneration panels. The Clerk could investigate this further with the three constituent authorities if required and then set up the Panel and ask them to consider and report upon all relevant matters. Whichever option is preferred rapid progress must be made so that any proposals can be considered by the Authority at its meeting in September. At this meeting the Authority will also need to have regard to the proposals brought forward by the Independent Remuneration Panels for the three constituent authorities.

4. As this is a new power for Fire Authorities, existing terms of reference for committees do not refer to this role. It is suggested, therefore, that rather than bring any proposals direct to the full Authority from any Independent Remuneration Panel, the Standards Committee should be asked to consider these proposals prior to onward transmission to the full Authority meeting for decision in September, 2003.

5. The proposals within this report are compatible with the provisions of the European Convention on Human Rights and the Human Rights Act 1998, and considered in the light of the Race Relations (Amendment) Act 2000.

RECOMMENDATIONS:

(i) That the Clerk be asked to investigate and, if feasible, to establish the Authority's own Independent Remuneration Panel comprising of one member drawn from each of the existing County, Portsmouth and Southampton City Council Remuneration Panels.

(ii) That, the Clerk be authorised to take any other appropriate action, on behalf of the Authority, to ensure that a scheme of proposals for Members allowances is considered by the Authority at its meeting in September, 2003.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1 Published works.

2 Documents which disclosure exempt or confidential information as defined in the Act.

4gR460403