Unionist bloc may requestrelook at ‘naming’ decision

Just 15 per cent of Council members could request that the controversial decision be reconsidered if it was considered it would have a disproportionate adverse effect on any one section of the community.

As it stands the unionist bloc on the new ‘supercouncil’ comprises 25 per cent of the authority.

The Local Government Minister Mark H. Durkan acknowledged scope for a challenge, generally, does exists under Section 41 of the Local Government Act (Northern Ireland) 2014.

Speaking at the Assembly he explained that Section 41, which “makes provision for members to request the reconsideration, or call-in, of a council decision in specified circumstances, was brought into operation by commencement order from June 2, 2014 and is therefore available to members of a new council during the shadow period.”

He added: “Section 41 also requires a council to make provision in its standing orders to require the clerk to the council to obtain the opinion of a practising barrister or solicitor where the call-in has been requested on the grounds that the decision would disproportionately affect adversely any section of the inhabitants of the district.”

DUP MLA Gregory Campbell, a former member of the moribund Derry City Council, referred to the recent naming decision, which provoked outrage amongst unionists.

“The Minister will be aware that there was a major decision taken by the Londonderry and Strabane council surrounding the name of the council that had ramifications going back 30 years and all the consequences in community division that flowed therefrom. Is he aware that there will inevitably be a call-in on those grounds?”

“What will the outcome be once that call-in procedure has been activated?” he asked.

Mr Durkan responded: “The major decision to which he refers is one that he may deem controversial; however, I am not sure how many others do.

“As the legislation and the regulations are about protecting the rights of minorities, he may feel that that warrants a call-in.

“He says that it is inevitable, but I have yet to hear of any approach by the council or any of its members. Perhaps, they are seeking the legal advice that is required before anyone goes down that route.”