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

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.

Norman Waller

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.

‘Respected and admired’ Harrogate councillor dies

Harrogate Borough Council Conservative councillor for Marston Moor Norman Waller has died.

Cllr Waller, who was 67, represented the ward since 2018 when he won the seat by over 800 votes. The ward includes the villages Tockwith, Cattal and Bilton-in-Ainsty.

He sat on several council committees and was also a former chair of Tockwith Agricultural Show.

A council spokesperson said:

“It is with great sadness to hear of the passing of councillor Norman Waller.

“Councillor Waller was a respected and admired councillor who represented the Tockwith ward for almost four years and served on licensing committee, general purposes committee and the overview and scrutiny commission, as well Tockwith and Wilstrop Parish Council as parish councillor.

“We offer our deepest condolences and sympathy to Councillor Waller’s family during this difficult time.”

Liberal Democrat councillor Philip Broadbank added:

“Norman was fair-minded and well respected throughout the Tockwith community where he had been involved in many local groups and the parish council for many years.

“We were very sorry to hear about his sad death and our thoughts are with his wife and family at this difficult time. “He was always approachable and treated people fairly even if they had differing opinions on issues than the ones he held.”

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There will be an election for Cllr Waller’s seat in May. The seat will be part of the new shadow council that will serve until April 2023 when the new North Yorkshire Council is formed.