Agenda item

This report asks Cabinet to approve the recommended changes to the Constitution for referral onto Full Council following a review undertaken by the Portfolio Holder for Corporate Finance and Governance through a Working Party constituted for this purpose.

Decision:

RESOLVED:-

 

1.      That Cabinet RECOMMENDS TO COUNCIL that:

 

(a)       the Council’s Constitution be amended to reflect the proposed changes, as set out in Appendices A to D and F to N attached hereto this report, with the exception of the proposed changes to Council Procedure Rules 12 and 14 (as contained within Appendix A) which are deferred at this time;

 

(b)       Council notes and endorses the Monitoring Officer’s firmly reiterated advice that Members using the “Approval of the previous Minutes” item on agendas as a way of raising matters from that previous meeting, whether loosely connected or not, is not acceptable as such actions did not comply with the need to give the requisite public notice of matters that would be discussed at a committee etc. meeting i.e. it breached local government law;

 

(c)       Council further notes and endorses the proposed change to Article 7.08 (Cabinet Procedure Rule 1.5); and

 

(d)       Council additionally notes that:-

 

(i)      the Centre for Governance and Scrutiny, Lawyers in Local Government and the Association of Democratic Services Officers are proposing to issue guidance in the area of “call-ins” of Executive decisions and so it is likely that this Council will need to look further at this in 2023 (and particularly its implications for Overview and Scrutiny Procedure Rules 17 and 18) once that guidance is issued;

 

(ii)  the practice guides prepared by the Head of Democratic Services & Elections to assist members of Overview and Scrutiny Committees and support officers to develop appropriate approaches to individual enquiries would be reviewed in Autumn 2023;

 

(iii) the Council’s Procurement Strategy and the Procurement Procedure Rules will need to be reviewed once the Procurement Bill (HL) currently at Report Stage in the House of Lords is enacted and come into effect; and

 

(iv)  the review of the Council’s procedure for Planning Committee Site Visits as set out in the Members’ Planning Code and Protocol (in Part 6 of the Constitution) is still ongoing although at this current time no constitutional changes have been highlighted as being necessary.

 

2.      That Cabinet resolves that Cabinet Procedure Rule 1.5 be amended to reflect the proposed change, as set out in Appendix E attached hereto this report.

Minutes:

Cabinet’s approval was sought in respect of the recommended changes to the Constitution for referral onto Full Council following a review undertaken by the Portfolio Holder for Corporate Finance and Governance through a Working Party constituted for that purpose.

 

It was reported that the main proposals covered a number of miscellaneous amendments to the Council Procedure Rules, Articles of the Constitution, Overview and Scrutiny Procedure Rules, the Property Dealing Procedure, the Procurement Procedure Rules, the Financial Procedure Rules and Delegated Powers in order to ensure the Council’s Constitution remained effective, efficient and consistent at an operational level.

 

A summary of the proposed changes compared to the existing parts of the Constitution was provided under each heading in the background section of the Portfolio Holder’s report and in each case, the content had been revised to provide greater clarity, ensure effectiveness and efficient up to date working practices for both Members and Officers and also to ensure it was in accordance with legislation, where necessary.

 

Having considered the outcome of the annual review of the Constitution carried out by the Review of the Constitution Portfolio Holder Working Party and the Portfolio Holder’s recommendations arising therefrom, and in order to enable those recommendations to be submitted to the Full Council for approval and adoption:-

 

It was moved by Councillor G V Guglielmi, seconded by Councillor Bray and:-

 

RESOLVED:-

 

1.      That Cabinet RECOMMENDS TO COUNCIL that:

 

(a)       the Council’s Constitution be amended to reflect the proposed changes, as set out in Appendices A to D and F to N attached hereto this report, with the exception of the proposed changes to Council Procedure Rules 12 and 14 (as contained within Appendix A) which are deferred at this time;

 

(b)       Council notes and endorses the Monitoring Officer’s firmly reiterated advice that Members using the “Approval of the previous Minutes” item on agendas as a way of raising matters from that previous meeting, whether loosely connected or not, is not acceptable as such actions did not comply with the need to give the requisite public notice of matters that would be discussed at a committee etc. meeting i.e. it breached local government law;

 

(c)       Council further notes and endorses the proposed change to Article 7.08 (Cabinet Procedure Rule 1.5); and

 

(d)       Council additionally notes that:-

 

(i)      the Centre for Governance and Scrutiny, Lawyers in Local Government and the Association of Democratic Services Officers are proposing to issue guidance in the area of “call-ins” of Executive decisions and so it is likely that this Council will need to look further at this in 2023 (and particularly its implications for Overview and Scrutiny Procedure Rules 17 and 18) once that guidance is issued;

 

(ii)  the practice guides prepared by the Head of Democratic Services & Elections to assist members of Overview and Scrutiny Committees and support officers to develop appropriate approaches to individual enquiries would be reviewed in Autumn 2023;

 

(iii) the Council’s Procurement Strategy and the Procurement Procedure Rules will need to be reviewed once the Procurement Bill (HL) currently at Report Stage in the House of Lords is enacted and come into effect; and

 

(iv)  the review of the Council’s procedure for Planning Committee Site Visits as set out in the Members’ Planning Code and Protocol (in Part 6 of the Constitution) is still ongoing although at this current time no constitutional changes have been highlighted as being necessary.

 

2.      That Cabinet resolves that Cabinet Procedure Rule 1.5 be amended to reflect the proposed change, as set out in Appendix E attached hereto this report.

 

Note: The proposed changes to Council Procedure Rules 12 and 14 (as contained within Appendix A) will be further considered at an All Members’ workshop and thence re-considered at a meeting of the Review of the Constitution Portfolio Holder Working Party.

Supporting documents: