Rutland Council Leader Gale Waller Defends Devolution Approach Amidst MP's Criticism, Cites Legal Framework

Rutland Council Leader Defends Devolution Approach Amidst MP's Criticism, Cites Legal Framework

Gale Waller Leader of Rutland County Council

The leader of Rutland County Council as responded to recent criticism from Rutland and Stamford MP Alicia Kearns regarding the handling of local government devolution in the county. While acknowledging the MP's concerns, the Council Leader emphasised the constraints imposed by the existing legal framework, specifically referencing the Local Government Act 2000.

The exchange comes amidst ongoing discussions and considerations surrounding potential devolution opportunities for Rutland. Kearns is understood to have raised questions about the pace and approach taken by the Council in exploring these possibilities.

In a statement issued following media inquiries, the Council Leader addressed the critique directly, stating that the Council is committed to exploring all avenues for the benefit of Rutland residents. However, the Leader stressed the importance of adhering to current legislation, particularly the stipulations of the Local Government Act 2000.

A key point of contention appears to revolve around the decision-making process within the Council concerning devolution matters. Referring to a paper considered in February, the Council's legal officer highlighted Section 9D of the Local Government Act 2000. This section designates functions not specifically outlined in the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 as the responsibility of the council's executive.

Furthermore, the legal advice underscored that under Section 9E of the same Act, these executive functions are primarily exercisable by the Leader, who can delegate them to other Cabinet Members. Critically, Section 9DA of the Act explicitly prohibits the Full Council from discharging these executive functions.

In the statement, the Council Leader reiterated this legal reality, emphasising, "We are operating within the legal framework set out by Parliament. The Local Government Act 2000 is clear on where executive responsibilities lie, and we are legally bound to follow that."

The Leader further explained that the current structure dictates the process for initial exploration and decision-making on matters such as devolution. While acknowledging the importance of transparency and engagement, the Leader indicated that the legal framework necessitates a specific approach led by the executive.

This response highlights the complexities involved in navigating local government structures and the challenges of balancing political aspirations with existing legal constraints. While MP Kearns' critique likely aims to ensure robust and inclusive discussions on devolution, the Council Leader's statement underscores the limitations imposed by current legislation.

It remains to be seen how this exchange will impact future discussions on devolution in Rutland. However, the Council's firm stance on adhering to the Local Government Act 2000 suggests that any progress will need to be made within the boundaries of the existing legal framework, potentially requiring further dialogue and collaboration between local and national representatives to address any perceived limitations. The focus now turns to how the Council will continue to explore devolution options while respecting the legal parameters outlined.