Agenda item

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.

Councillor John Beesley, Chairman of the Audit and Governance Committee presented the report on the Review of the Council’s Constitution – Recommendations of the Constitution Working Group and outlined the recommendations as set out on the agenda.

Comprehensive discussion took place including the following points which were raised:

• concern was expressed with regards to the right of access to documents.
• concern was expressed with regards to the removal of the opportunity for the petitioner to sum up.
• the reduction in the number of statements a member of the public can make per year, brining inline with the number of questions.
• the importance of encouraging members of the public to be able to attend and engage in multiple ways.
• access to meeting arrangements should be considered following May.
• the legislative provision around the access to documents which takes precedence over the constitution.

RESOLVED 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 13.5.7being 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: (a) and (b) Nem.Con.

            (c) Nem.Con. (1 abstention)

            (d) 59:2

            (e) 55:7

            (f)  33:29 (2 abstentions)

            (g) and (i) Unanimous

            (h) 31:31 (2 abstentions) the Chairman used his casting vote in favour and the resolution was therefore carried.