ONE of the many issues that has been raised following the news that Bolton Council decided to award Asons solicitors a grant of £300,000 regards the apparent level of secrecy that went along with the decision.
Members of the public, political opponents and other law firms have all asked why this decision had to be taken under the so-called Emergency Powers Procedure.
This has also understandably prompted others to enquire as to what the Emergency Powers Procedure (EPP) actually is.
According to Bolton Council’s constitution, the EPP is used by the authority to take ‘any action on behalf of the council in any cases of urgency.’
For key decisions, a consultation must be undertaken by the officer seeking to use the emergency powers with the relevant scrutiny committee chair, with an explanation given as to why the procedure is being used.
Law firms slam council's 'deeply concerning' decision to award Asons a secret £300,000 grant
In this case, council correspondence states that the EPP was used ‘in light of the urgent need to enter into a contract with Asons to complete the grant agreement and commence the associated conditions.’
Under the constitution, the executive cabinet member — which in the case of the Asons grant is council leader Cliff Morris — is authorised to take the decision and the relevant opposition members should be informed of the action proposed.
Tory leader Cllr David Greenhalgh is adamant that he was unaware of the Asons grant decision until the day of the leader’s meeting on November 7 when the report on issue was submitted.
But Cllr Morris maintains that his opposite number was copied into correspondence from the start of the process in September — giving him ample time to raise concerns.
Asons grant: Why Bolton Council gave law firm £300,000 and what it expects in return
Since the start of this year, reports of the Emergency Powers Procedure being used have appeared on 18 separate occasions at Cllr Morris’s executive meetings.
The decisions have included the redevelopment of the Octagon Theatre, the acquisition of the former Chadwick’s waste recycling plant and notably, a move to transfer land to the council at Clarence Street — the location in which Asons had intended to build an £8 million new headquarters, before Government changes to personal injury law led it to opt for the Newspaper House move.
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