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Did you pay your council tax on time?

Graham Smith | 10:49 UK time, Sunday, 14 August 2011

The warmest congratulations to for its scoop about how one in seven Cornwall councillors failed to pay their council tax on time. Over the past two years, no fewer than 17 elected members needed reminders before paying their bills. One had to be threatened with court action.

The Information Commission is now considering whether the council should identify those responsible for wasting officer-time to recover more than 拢5,000 in unpaid taxes. The council claims it has obligations under the Data Protection Act to keep the names secret.

There are several issues here. Should councillors be treated any differently to ordinary citizens, who would not normally be named if they were simply late with their payments? Fourteen of the councillors needed a second reminder letter. Again, ordinary citizens would not normally be named.

The identity of the councillor who had to be dragged to court in order to extract payment is already in the public domain, although it will be difficult to find that name without the resources to trawl through thousands of official records. I would be surprised if, in the case of this individual, the Information Commission does not rule against the council and in favour of disclosure.

The Packet's story naturally prompts further questions. Are any of the 17 late-payers members of the council's Cabinet? Was it fair of the council to release this partial information, potentially damaging the reputations of 106 members who diligently paid their tax bills on time?

The council employs more than 19,000 people and I'd be amazed if all of them paid their tax bills on time - but who should be named and who should be treated like "ordinary citizens?" Those earning more than 拢50,000 a year? 拢80,000?

Within County Hall, lists are circulating which contain the names of all 17 late-paying councillors. Who should see these lists and who should not? Why does the Data Protection Act allow some councillors to know which of their colleagues are behind with payments, while others are denied this information?

There is a long-held convention in political life that people who seek election to positions of power and influence are not "ordinary citizens." Once elected, they do have to answer to a higher God. Should they seek re-election, you can rest assured that their political opponents will find a way of publishing the information.

So here's an opportunity for all members of Cornwall Council to clarify the situation and put the record straight. If you are one of the 106 members of the council who paid your tax on time, you can declare it publicly on this blog.

Comments

  • Comment number 1.

    Happy to be the the first councillor to confess to (always) paying his council tax on time by annually, automatically renewed, direct debit.

  • Comment number 2.

    I pay by monthly direct debit. I have not had any such letters about non payment.

  • Comment number 3.

    I also pay by direct debit automatically renewed each year and therefore on time

  • Comment number 4.

    I hope these Councillors are aware of the provisions of section 106 of the Local Government Finance Act 1992 which prohibits a councillor whose council tax remains unpaid for at least two months from voting on budget making and the setting of the Council Tax. Failure to comply with these provisions is a criminal offence. There is nothing obvious on the Cornwall Council website about this but here is an extract from the Members Allowances Scheme published by Torridge District Council in Devon.
    鈥淐OUNCIL TAX 鈥 RESTRICTIONS ON VOTING
    Under the Local Government Finance Act 1992, Section 106 applies at any time to a Member of a Local Authority whose Council Tax or penalties relating thereto have remained unpaid for at least two months. If a Member to whom this section applies is present at a meeting of the Authority at which any calculation required by Part 1 of the 1992 Act; or any recommendation, resolution or decision affecting the making of such a calculation; or the exercise of corresponding provisions with respect to Council Tax etc are the subject of consideration; then the Member shall, as soon as practicable, disclose the fact that Section 106 applies to him/her and shall not vote on any question with respect to this matter.
    In effect, this legislation relates to budget making and the setting of the Council Tax. It is therefore likely to apply to the direct or indirect approval of supplementary votes and virements during the year and decisions directly or indirectly affecting the Council鈥檚 resources. Persons failing to comply with this legislation shall be liable to summary conviction.鈥
    If Cornwall Council cannot name the councillors in question, can it confirm that there has been no breach of this legislation by any councillor who is or has been in arrears with their Council Tax payments?

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