Agenda item

Cabinet is requested to approve the recommended changes to the Constitution for referral on to Full Council following a review undertaken by the Portfolio Holder through a Working Party.

Decision:

 

RECOMMENDED TO COUNCIL that –

 

(a)   the Council’s Constitution be amended to reflect the proposed changes as set out in Appendices A to E, attached hereto;

 

(b)   the changes as set out in appendices A to D to come into effect immediately following approval;

 

(c)   the changes as set out in Appendix E to the sizes of committees to come into effect from 1st May 2019;

 

(d)   the start time of 7.30pm for Ordinary Full Council meetings remains unchanged recognising that a proportion of elected councillors are employed; and

 

(e)   the alternative procedure for changes relating to dealing with Motions on Notice, as set out in the report, is agreed in principle only and that revised Council Procedure Rules be produced for approval to the next practicable meeting of Full Council, so that the same can come into effect on 1st May 2019.

 

 

Minutes:

Cabinet gave consideration to a report of the Finance and Corporate Resources Portfolio Holder (A.4) which sought its approval for the recommended changes to the Constitution for referral onto Full Council following a review undertaken by the Portfolio Holder through the Constitution Review Working Party.

 

It was reported that the main proposals had covered a revised approach to how Motions on Notice to Full Council were dealt with, the outcome of the six month review on the committee structure, approval of a Member Referral Scheme for the Planning Committee and revised terms and reference to the Local Plan Committee.

 

Cabinet recalled that at its meeting on 9 November 2018 it had resolved that wider consultation be undertaken with all Members of the Council on the proposed changes to the Council Procedure Rules, as recommended by the CRWP. The following All Member Briefing had included an introduction to the proposed changes which were subsequently discussed within political groups and comments had then been fed back to the Monitoring Officer and captured in the Consultation Outcome which was attached to the report as Appendix F.

 

It was reported that the CRWP had considered the outcome of the consultation with members and after debate had decided that their preferred approach to how motions should be dealt with was as set out in the proposed changes to the Council Procedure Rules contained within Appendix A1 to the Report to Cabinet in November 2018. The comments supporting the CRWP’s position were as set out in Appendix F.

 

Cabinet was aware that the purpose of the Working Party was to provide the Portfolio Holder with comments prior to any recommendations being made to Cabinet and Council and in this instance, having taken into account the views of the CRWP and the wider consultation with members, three options were available and details of those were set out in the report.

 

It was reported that, at the meeting of CRWP, when reviewing the outcome of the consultation, the Finance and Corporate Resources Portfolio Holder after consulting the Monitoring Officer suggested an alternative approach (option 3) to how motions should be dealt with and which were summarised in the report as the following procedure:

 

(i)      The Motion is moved and seconded, and thereafter the member who moved the motion would be permitted to explain their motion and give reasons why they felt it would be appropriate for it to be dealt with on the night;

 

(ii)     The Leader, Portfolio Holder or relevant Chairman of the Committee would be permitted to respond either agreeing with the motion being dealt with on the night or setting out reasons why it would be appropriate to stand referred to the appropriate body for further consideration;

 

(iii)    The Chairman after hearing both representations and receiving professional advice makes a ruling on whether the motion should be debated or referred; and

 

(iv)   In making the Ruling the Chairman must give consideration to Article 13 of the Constitution and the Executive Functions Regulations and provide a short explanation of the reasons for their decision.

 

The Finance and Corporate Resources Portfolio Holder’s recommendations were summarised as follows:-:

 

“The recommended alternative approach, as set out in Option 3 above, allows members who move motions to explain them at the meeting to which they are put and if there are no further implications to take into account, could be debated at the meeting. This provides the Chairman with flexibility which does not currently exist.

 

However, the alternative approach also allows the Chairman to receive representations from the Leader, relevant Portfolio Holder or Committee Chairman and if necessary professional advice prior to making a ruling on whether a matter should be referred.

 

The benefit of this approach is that the decision is made in an open and transparent manner, allowing members to explain their motions and give reasons why it should be considered on the night whilst protecting the Council in its wider decision making.”

 

Praise and thanks were given to Councillor G V Guglielmi, the Constitution Review Working Party, Lisa Hastings (Head of Governance and Legal Services & Monitoring Officer) and Ian Ford (Committee Services Manager & Deputy Monitoring Officer) for all their hard work and efforts.

 

Having considered the contents of the report and the detailed proposed amendments to the Constitution set out in Appendices A to F thereto:-

 

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

 

RECOMMENDED TO COUNCIL that –

 

(a)   the Council’s Constitution be amended to reflect the proposed changes as set out in Appendices A to E, attached hereto;

 

(b)   the changes as set out in appendices A to D to come into effect immediately following approval;

 

(c)   the changes as set out in Appendix E to the sizes of committees to come into effect from 1st May 2019;

 

(d)   the start time of 7.30pm for Ordinary Full Council meetings remains unchanged recognising that a proportion of elected councillors are employed; and

 

(e)   the alternative procedure for changes relating to dealing with Motions on Notice, as set out in the report, is agreed in principle only and that revised Council Procedure Rules be produced for approval to the next practicable meeting of Full Council, so that the same can come into effect on 1st May 2019.

 

 

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