Issue - meetings

The report summarises the issues considered by the Constitution Review Working Group and sets out a series of recommendations arising from the Working Group for consideration by the Committee.

Any recommendations arising from the Committee shall be referred to full Council for adoption.

This report is to be considered by a special virtual non-decision making meeting on 1 December 2021 which shall be live-streamed for the public viewing, and subsequently at the ordinary meeting of the committee on 2 December 2021. The outcome of the virtual meeting shall form the basis of the recommendations on 2 December.

The Monitoring Officer and the Head of Democratic Services presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A’ to these Minutes in the Minute Book.

Members were referred to discussions at the special meeting of the Committee held on the previous day and were reminded that, although being live-streamed for public viewing, it was not a decision making meeting because of its ‘virtual’ format.

The report which had been discussed and debated on the previous day had been re-issued with the agenda and the same members of the Committee were present. Proposals from the Committee would be the subject of recommendation to Full Council.

The Chairman outlined the nature of the consensus which had been reached following the in-depth discussion and debate on the previous day.

Once again, the Chairman recorded his thanks to the Chairman, Vice-Chairman and members of the Constitution Review Working Group and to the Officers involved in bringing forward to the Committee the revised Constitution in its current format.

The Chairman also reminded the Committee of a number of issues which, though not part of the current review, had been identified by the Committee for referral back to the Constitution Review Working Group for consideration when it began its work again in the New Year. This initial list included:

·        The number of Members on Overview and Scrutiny Board and Committees and the status and role of Cabinet Lead Members;

·        Clarification about the powers of the Head of Paid Service in relation to contracted workers;

·        Issues around standing to speak at Council and associated etiquette;

·        The process for interpretation of Procedure Rules – who has the final say; and

·        Code of Conduct issues – particularly dealing with complaints by Councillors against fellow Councillors.

The Chairman also informed the Committee that, as he had done in previous years, it was his intention to write to all members of Council inviting submission of new items and subject areas for consideration and review by the Working Group.

RECOMMENDED TO COUNCIL:-

(a)             that the views and recommendations of the Constitution Review Working Group as considered by the Audit and Governance Committee and as set out in the relevant parts of the Constitution be approved as follows:-

(i)                that the proposed changes to Part 1 (Constitution Summary and Explanation) be adopted;

(ii)              that the proposed changes to Part 2 (Articles of the Constitution) be adopted subject to the following amendments:-

Article 3, paragraph 3.1.4 (a), relating to the rights of the public, being amended to read “Complain to the Council where there is an alleged breach of the Councillors’ Code of Conduct. The arrangements for dealing with allegations of breach of the Code of Conduct for Councillors is set out in Schedule 1 to Part 6 of this Constitution.”;

(iii)            that, subject to (iv) below, the proposed changes to Part 3 (Responsibility for Function and Officer Scheme of Delegation) be adopted subject to:-

Part 3A, paragraph 7.1.1 being deleted  ...  view the full minutes text for item 57

The report summarises the issues considered by the Constitution Review Working Group and sets out a series of recommendations arising from the Working Group for consideration by the Committee.

Any recommendations arising from the Committee shall be referred to full Council for adoption.

This report is to be considered by a special virtual non-decision making meeting on 1 December 2021 which shall be live-streamed for the public viewing, and subsequently at the ordinary meeting of the committee on 2 December 2021. The outcome of the virtual meeting shall form the basis of the recommendations on 2 December.

Members were reminded of the Terms of Reference of the Committee requiring the maintenance of an overview of the Council’s Constitution and, that, in discharge of this responsibility, a Working Group had been established. Over a period of time the Working Group had considered suggestions received from a wide variety and range of sources including input from Councillors and from Officers. Prior to commencement of its work, the Chairman of the Audit and Governance Committee had also written to all members of Council asking them to submit items for discussion and consideration. It was explained that the current report now pulled together into a single document all of the changes proposed including those already approved by the Council and those which had formed the subject of discussion over recent months.

To assist the Committee the agenda also included for discussion and debate a copy of the proposed new document clearly displaying, in track changes format, all of the proposed alterations.

The Committee received and considered in turn the proposed revisions to each Part of the Constitution with all the changes, alterations and clarifications proposed by the Working Group clearly identified within the ‘tracked changes’ version of the new document. This enabled clear identification of those section and textual passages submitted for removal and addition and also highlighted the improvements in terms of formatting, presentation, cross-referencing and ease of access.

It was noted that although being live-streamed for public viewing, the meeting was, because of its ‘virtual’ format, not a decision making meeting and that the outcome of the virtual meeting would therefore form the basis of a recommendation to the subsequent ordinary meeting of the Committee on 2 December 2021. Any recommendations arising from the Committee on 2 December 2021 would be referred on to full Council.

The Committee also considered and carefully discussed, by reference to the consecutive numbered parts of the Constitution, a range of issue recently considered by the Working Group and as set out in the covering report.

As the Committee considered the provisions within the draft documents, additional typographical errors were identified all of which would be reflected within the final adopted version.

Part 1 – Constitution – Summary and explanation

There was discussion about the role of ‘Cabinet Lead Members’ and particularly the way in which they could contribute to the process of overview and scrutiny. There was clarity that Lead Members who were currently also members of an Overview and Scrutiny Committee should not contribute to discussion of a subject in which they were involved as a Lead Member. The view of the Committee was that the Working Group should be asked to review this as part of its new programme of work going forward. The issue identified particularly for further discussion was whether the rules relating to a Lead Member should be revised and there was some support for excluding Lead Members from membership of Overview and Scrutiny Committees. This was an area which was outside the current review but one which  ...  view the full minutes text for item 50