LegCo introduce 'safeguards' to controversial clause five in new local government bill

These include financial reports and a review of the clause after three years

The Legislative Council has voted to introduce new safeguards and protections to a clause in the Local Government Amendment Bill that some had considered controversial.

Clause Five would originally have allowed the Department of Infrastructure to impose any function to local authorities, but now, local authorities must be consulted before any such changes are made, and the clause will undergo a review after three years.

It's also included a provision for financial impact reports which should show how functions will affect the local authority's budget.

The clause will also not be in force with immediate effect - the Department of Infrastructure will have to make an 'appointed day order' if it needs to use clause five. 

In October, during an evidence session, representatives from 16 local authorities called for the clause to be removed completely.

MLC Tanya August-Phillips believes the amendments made by LegCo are likely to be welcomed by local authorities: