Minutes of Proceedings

The meeting was declared open to the public at 10.03am.

The following Departmental officials joined the meeting at 10.03pm

Mr Henry McArdle,

Mr Antony McDaid; and

Ms Gail Cheesman

1. Apologies

Apologies were as indicated above.

2. Business Improvement Districts Bill Clause by Clause Scrutiny

The Committee considered correspondence from the Minister which provided clarification and reassurance on a number of issues.

The Committee undertook its clause by clause scrutiny of the Welfare Reform Bill.

Clause 1

The Committee noted the Department’s reassurance that the Regulations will clearly set out the roles and responsibilities of the district council is made clear and unambiguous in the Regulations.

Question put and agreed:

“That the Committee accepts Clause 1 as drafted”.

Clause 2

The Committee noted the Department’s clarification that there will be no impact on any established BIDs as a result of RPA.

Question put and agreed:

“That the Committee accepts Clause 2 as drafted”.

Clause 3

The Committee noted the Minister’s response that he is committed to examining the support arrangements, including funding and BIDs Academies, in other jurisdictions, before deciding on the arrangements here.

Question put and agreed:

“That the Committee accepts Clause 3 as drafted”.

Clause 4

The Committee noted the Department’s reassurance that the Regulations will be transparent and unambiguous and that the draft Regulations will be subject to full public consultation.

Question put and agreed:

“That the Committee accepts Clause 4 as drafted”.

Clause 5

The Committee noted the Department’s assurance that its guidance will include the need to engage with local residents/communities as part of the consultation process, particularly in cases where the BID area encompasses a large residential community.

Question put and agreed:

“That the Committee accepts Clause 5 as drafted”.

Clause 6

The Committee noted the Department’s acknowledgement that it might be useful to include a representative on such a board if there is large community organisation active in the area but that this would be a matter for the BID proposer to decide.

The Committee also noted the Department’s intention to amend Clause 6(3) to further clarify the position on exemptions.

Question put and agreed:

“The Committee accepts Clause 6 subject to amendment to clause 6(3) as proposed by the Department.

Clause 7

Question put and agreed:

“That the Committee accepts Clause 7 as drafted”.

Clause 8

Question put and agreed:

“That the Committee accepts Clause 8 as drafted”.

Clause 9

The Committee noted the Department’s reassurance that that the Regulations will make clear the circumstances in which local council may veto a BID proposal.

Question put and agreed:

“That the Committee accepts Clause 9 as drafted”.

Clause 10

The Committee noted the Department’s reassurance that the draft Regulations will be subject to full public consultation and that the Regulations will be transparent and unambiguous, while still seeking to retain flexibility.

Question put and agreed:

“That the Committee accepts Clause 10 as drafted”.

Clause 11

The Committee noted the Department’s clarification that it is the council’s responsibility to ensure that the BID arrangements commence by arranging for the bills for the BID levy to be issued.  As a BID levy is considered to be tax, only government has the authority collect it so the BID company cannot do this.

Question put and agreed:

“That the Committee accepts Clause 11 as drafted”.

Clause 12

One member argued that it would be preferable if BID proposals ‘must detail  the costs incurred in developing the BID proposal, holding the ballot and delivering the BID proposals and what costs are to be recovered from the BID levy.’

Question put and agreed:

“That the Committee accepts Clause 12 as drafted”.

Clause 13

One Member asked if the Bill should be revised to reflect collection from the Land and Property Services.

The Committee noted the Department’s clarification that only government has the power to collect taxes and since the council is obliged by legislation to set up a ring-fenced BID Revenue Account, it makes sense for the BID levy monies to be paid directly to that account.

Question put and agreed:

“That the Committee accepts Clause 13 as drafted”.

Clause 14

Question put and agreed:

“That the Committee accepts Clause 14 as drafted”.

Clause 15

Question put and agreed:

“That the Committee accepts Clause 15 as drafted”.

Clause 16

Question put and agreed:

“That the Committee accepts Clause 16 as drafted”.

Clause 17

Question put and agreed:

“That the Committee accepts Clause 17 as drafted”.

Clause 18

The Committee noted the Department’s clarification that it will depend on the nature of the provision and that minor consequential or technical amendments would not be consulted on but major amendments such as changing statutory provision in the Bill would be.

Question put and agreed:

“That the Committee accepts Clause 18 as drafted”.

Clause 19

The Committee considered advice from the Examiner of Statutory Rules on the delegated powers as set out in the Bill.  The Examiner suggested that the Committee may wish to consider that clause 19 should be amended so that Regulations made under clauses 6(3) and 17(2)(b) on the eligibility of ratepayers to vote in ballots are subject to draft affirmative procedure rather than negative resolution.

The Department confirmed that it was content to amend this clause in line with the recommendations of the Examiner of Statutory Rules.

Question put and agreed:

“That the Committee accepts clause 19 subject to amendment as recommended by the Examiner of Statutory Rules”.

Clause 20

Question put and agreed:

“That the Committee accepts Clause 20 as drafted”.

Clause 21

Question put and agreed:

“That the Committee accepts Clause 21 as drafted”.

Clause 22

Question put and agreed:

“That the Committee accepts Clause 22 as drafted”.

Long Title

The Committee was content with the long title of the Bill.

The Chairperson advised the Committee that its formal clause by clause scrutiny was complete and that the Committee would consider the draft report at its next meeting.

3. Any Other Business

There was no other business

4. Date, time and place of next meeting

The next meeting will take place at 10:00am on Thursday 6 December 2012 in Room 29 Parliament Buildings.

The Chairperson adjourned the meeting at 10.31am.

Mr Alex Maskey
Chairperson, Committee for Social Development.
13 December 2012