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.

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 (i.e. the removal of responsibility for personnel-related appeals);

(iv)            that a Place Overview and Scrutiny Committee comprising 11 members, meeting six times per annum be established from the Annual Meeting of Council in May 2022, subject to the remit as outlined in Part 3A, paragraphs 4.7 and 4.8 of the proposed Constitution being amended to read:-

“4.7     The Place Overview and Scrutiny Committee will be responsible for carrying out those duties as outlined in 4.2.7 to 4.2.13 above, in relation to matters such as strategic planning, house building, homes, environment, cleansing, waste, transport and sustainability.”

“4.8.    This Committee carries out all the Council’s overview and scrutiny functions relating to flood risk management as required by legislation.”

(v)             that the proposed changes to Part 4 (Procedure Rules) be adopted, subject to:-

1.           the words “A Councillor may …” in Part 4D, paragraphs 13.17 (Points of Order) and 13.18 (Personal Explanation) being replaced with “A member of the meeting may…”;

2.           Part 4D, paragraph 24.1 (Disorderly conduct by Councillors), second sentence, being amended to read “If the misconduct continues, the person presiding or any other Councillor may move “That the Councillor be not further heard for the item being debated” or “That the Councillor be not further heard for the remainder of the meeting”.

(vi)            That the proposed changes to Part 6 (Code of Conduct and Protocols) be adopted, subject to the inclusion of the Planning Committee Protocol for Public Speaking as a Local Protocol within this Part;

(b)             that necessary and consequential technical and formatting related updates and revisions to the Constitution, including the minor textual corrections identified by the Audit and Governance Committee, be made by the Monitoring Officer in accordance with the powers delegated.

Voting : Unanimous