Agenda item

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.

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 'C' to these Minutes in the Minute Book.

The Committee considered a series of recommendations from the Constitution Review Working Group which had met on two further occasions since last reporting to the Council in December 2022. The objective of the work remained finalisation of the current phase of work prior to the inception of the new Council from May 2023. Any recommendations arising from the Committee would be referred to full Council for adoption.

The Committee was referred to a number of issues which the Working Group had identified as requiring no further action or which could be deferred for consideration by the new Council after the elections. The Committee was also presented with details of issues recommended by the Working Group for consideration by the Committee. In respect of each item a summary explanation was provided and the proposed changes shown in ‘track changes’ format for ease of reference and comparison as part of the detailed discussion at the Committee.

Although there was broad consensus, there was particular discussion around issues relating to public participation at meetings and the Committee was informed that, since reference of this matter back to the Committee by Council, an Equality Impact Assessment had been undertaken and received by the Working Group. Reflecting this, the Committee were of the view that the period for public questions should remain at 15 minutes whilst retaining the discretion of the Chairman to extend the time allowed. It was also agreed that the number of permitted questions should be limited to a maximum of three on any individual item of business although, within the 15 minutes period, questions be taken on a ‘rotation’ basis with a questioner’s second questions only being allowed after all other questioners had asked their first questions. There was also support for increasing the maximum word limit per question to 150 words as proposed by the Working Group and as set out in the report.

The Committee also considered a proposed series of changes to and associated with the scheme of delegation to the Planning Committee and particularly around the number of public representations required to trigger referral of an application to the Committee and how this was being applied on practice. Consideration was also given to the role of ward Councillors within this context. Following discussion on the item, it was agreed not to support the recommendation at that time but rather to have the matter brought back to the Committee, if possible on 9 March 2023, with the objective of allowing officers and the Constitution Review Working Group time to reflect on various points raised during the meeting and, to the extent considered appropriate, to  provide further clarity and or possible compromise solutions.

RECOMMENDED that

(a)     the amendments to the Constitution relating to the Regulatory Committees, as detailed in paragraphs 13(a) to (e) to this report, be approved;

(b)    the amendment to Part 4D, Procedure Rule 23.4 (Substitute Members), as detailed in paragraph 15 to this report, be approved;

(c)     the insertion of paragraph 1.1.2 to Article 1 (Powers and Duties of the Council) and the amendment to Part 4A, Procedure Rule 25.2 (Additional Rights of Access for Councillors), as set out in paragraphs 18 and 19 to this report, be approved;

(d)    no changes be made to the structure or frequency of meetings of the Overview and Scrutiny Committees at this time but this be considered by the Council following the elections in May 2023;

(e)     the dates for the respective Overview and Scrutiny Committees, as set out in paragraph 28 to this report, be agreed for 2023/24, subject to the subsequent review by the Council after the elections;

(f)      the amendments to Part 4D, Procedures Rules 13.4 to 13.27 (Public Questions, Statements and Petitions), as detailed in paragraph 39 to this report, be approved, subject to paragraphs 13.4.9 and 13.5.7 being amended to read:-

13.4.9     no member of the public may ask more than three questions on any individual item of business as defined on the agenda of the meeting. Any person submitting multiple questions may not ask their second, or where applicable, third question until other members of the public, if any, have asked their first, or where applicable, second question, subject to the Chair’s discretion.

13.5.7     no member of the public may make more than three statements on any individual item of business as defined on the agenda of the meeting. Any person submitting multiple statement may not make their second, or where applicable, third statement until other members of the public, if any, have made their first, or where applicable, second statement, subject to the Chair’s discretion;

(g)    the amendments to Part 6, Schedule 1 (Arrangements for dealing with allegations of breach of the Code of Conduct for Councillors), as set out in paragraph 43 to this report, be approved;

(h)    the amendment to Part 4A, Procedure Rule 24.3, (Access to document – Overview and Scrutiny Committees), as set out in paragraph 52 to this report, be approved;

(i)       any necessary and consequential technical and formatting related updates and revisions to the Constitution be made by the Monitoring Officer in accordance with the powers delegated.

Voting: Unanimous

RESOLVED that the amendments to Part 3A, (Responsibility for Functions – Planning Committee) and Part 4A (Meeting Procedure Rules – Voting), as set out in paragraph 57 to this report are not supported at this stage but be brought back to the Audit and Governance Committee, if possible on 9 March 2023, with the objective of allowing officers and the Constitution Review Working Group time to reflect on various points raised during the meeting and, to the extent considered appropriate, to  provide further clarity and or possible compromise solutions.

Voting: Unanimous