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Apr 2022

Last Updated: 01/04/2022

News

Dispute over Harrogate council by-election raised in House of Lords

by Vicky Carr

| 01 Apr, 2022

Following the death of Cllr Norman Waller at the end of January, Harrogate Borough Council has announced a by-election will not be held in Marston Moor.

A dispute over the decision not to hold a by-election in the Harrogate district has reached the House of Lords.

Following the death of Conservative Cllr Normal Waller at the end of January, Harrogate Borough Council has announced a by-election will not be held in Marston Moor.

The ward includes the villages Tockwith, Cattal and Bilton-in-Ainsty.

The council said a routine election was due to take place within six months of Cllr Waller's death, meaning a by-election would not be needed.

However, that election has since been cancelled, as all existing HBC councillors have had their terms extended by a year while the new North Yorkshire Council is set up.

Confirming the decision, the council said:

"As a matter of law when a casual vacancy arises within six months of the date for the 'ordinary election', then the casual vacancy is to be filled at the next 'ordinary election'. For this reason, a notice of vacancy stating the election for Marston Moor would be on May 5 was published.

"However, local government reorganisation and the Structural Changes Order has changed this by cancelling the Harrogate Borough Council ordinary elections on May 5 and extending all serving Harrogate Borough Council members' term of office until April 1, 2023 at which point Harrogate Borough Council will be dissolved as part of unitary re-organisation.

"Having taken legal advice and consulted with the Association of Electoral Administrators we cannot see any way forward for the election to fill the vacancy at Marston Moor ward."

However, the decision has been criticised by former councillor Arnold Warneken, who was intending to stand for the Green Party in the by-election.

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Mr Warneken highlighted the inconsistency with Wathvale ward, where a by-election is set to be held on May 5 following the retirement of Cllr Bernard Bateman. He said:

"I’m not at all happy with the situation that Harrogate council have allowed the residents of Marston Moor ward to end up with, which is that as a result of the death of my friend and colleague, former district councillor Norman Waller, we would all expect there to be a by-election but for reasons beyond me this is not the case, and we will be without an elected representative for the next 13 months."

House of Lords

Now, the issue has been raised by Baroness Natalie Bennett of Manor Castle in the House of Lords.

Baroness Bennett, a former leader of the Green Party, submitted a question to the government on Wednesday about its correspondence with HBC about holding a by-election in Marston Moor after the planned local elections were cancelled. The government has two weeks to provide a response.

Harrogate Borough Council yesterday reiterated that its decision about Marston Moor was made before the planned elections for the district were cancelled. The decision to hold a by-election in Wathvale was made after this date.

The by-election for Wathvale takes place on Thursday, May 5. It is the same day that voters across North Yorkshire will go to the polls to elect their representatives for the new county-wide unitary authority.

Over the next year, work will take place to set up North Yorkshire Council ready to take over from the existing county council and seven district councils, including Harrogate, next spring.

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Dispute over Harrogate council by-election raised in House of Lords

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