Bill laid to validate councillors following Privy Council ruling

FOLLOWING the Privy Council's recent ruling stopping Parliament extending the life of local government bodies for a year from December 2, 2022, a bill was laid in the House of Representatives on Friday to validate subsequent actions of councillors and aldermen.

The Municipal Corporations (Extension of Terms of Office and Validation) Bill, 2023 was introduced in the name of the Attorney General and will be debated in the House next Monday. However the bill seems to be ambiguous as to whether councillors' actions will be validated up to May 18 - the date of the Privy Council judgment giving notice of the voiding of Parliament's one-year extension to local government - or beyond.

In favour of a validation up to May 18, the bill's long title is, "An Act to extend the terms of office of councillors and aldermen elected in December 2019, to

provide for elections in 2023 and to validate the actions of the said councillors and aldermen between December 2, 2022 and May 18, 2023."

The preamble likewise says, "And whereas it has become necessary to make it clear that the terms of office of the councillors and aldermen have been extended to May 18, 2023." Further, clause 3 gives added endorsement, saying, "The terms of office of the councillors and aldermen which expired on December 2, 2022 are hereby extended until the May 18, 2023."

However clause 5 suggests a validation of councillors' actions done not only up to May 18, but also after that date by using the word "thereafter."

"Where the councillors and aldermen under section 3, exercised the functions of councillors and aldermen between December 2, 2022 and May 18, 2023, and thereafter exercised the functions of councillors and aldermen up until the commencement of this Act, the exercise of those functions and all acts or things done pursuant thereto shall be deemed to have been as valid and effectual as if the Municipal Corporations Act expressly empowered them to exercise those functions."