The decision to provide new public toilets in Shanklin has been branded unlawful by some town councillors.
Shanklin town councillors agreed last month to accept the quote proposed by Danfo to replace the old Chine Bluff toilets, with 13 in favour and two against.
Toilets and showers
The plan would see a block of two toilets installed, with baby changing and disabled access facilities. Showers are also proposed for the side of the building.
The pay facility would cost 20p a visit.
However, holding its first extraordinary meeting in 17 years, Shanklin Town Council met on Friday (13th August) to discuss whether to rescind the decision.
Accusation of unlawful and improper decision-making
The meeting was called by Cllrs Robert May and Stephen Parkes, backed by three others, who said they had strong reason to believe the decision-making process was unlawful and improper, according to the town council’s financial regulations.
Speaking at the meeting, Cllr Parkes said he was ensuring the proper due diligence had been taken, so the council was not seen to be spending the public money incorrectly.
He said while he was in favour of improving the toilets, ideally, the town council would get three separate quotations, following best practices, not just one, and engage with the public.
Hailston: A responsibility to look for the best value
Cllr Mike Hailston said there was a process meant to follow.
He said,
“When you are spending in excess of £133,000 plus VAT then I think you do have a responsibility to look for the best value, well if you are only getting one quote how can you tell that is the best value? You cannot.”
Quirk: Process we have gone through is appropriate and adequate
It was clarified, however, by town mayor, Cllr Chris Quirk, that while it could be done the way councillors suggested, the way the council has operated is also legal.
He said,
“Legally we do not have to put the contracts on the tendering Website, we are still required to try to get the best value for money.
“There has been a suggestion we have not followed the appropriate regulations. They are both acceptable routes … [the decision is] whether the process we have gone through is appropriate and adequate.”
Councils no longer have to follow EU rules for processes
Following Brexit, financial regulations relating to contracts, tenders and procurements were changed and councils no longer have to follow the processes outlined in EU rules.
However, Shanklin’s adopted financial regulations from the National Association of Local Councils had not been updated the regulations since the laws changed.
Whittaker: Best practice had not been followed
Cllr Adrian Whittaker said he accepted the regulations had changed, but town councils run to their last adopted rules, and for that reason, best practice had not been followed.
Cllr May said he felt for transparency and the best quote for the town, there was no reason the town council could not go over and above what was required by getting more than one quote.
The vote on rescinding the decision fell, with six votes in favour but seven against and one abstention.
This article is from the BBC’s LDRS (Local Democracy Reporter Service) scheme, which News OnTheWight is part of. Read here to find about more about how that scheme works on the Island. Some alterations and additions may have been made by News OnTheWight. Ed
