Agenda item

To approve the recommended changes to the Council Procedure Rules (Sections 1 and 2), as contained within Part 4 of the Council’s Constitution, for referral onto Full Council, following Council’s decision taken on 22 January 2019.

RESOLVED that Cabinet RECOMMENDS TO COUNCIL that:-

a)    Part 4 of the Council’s Constitution be amended to reflect the proposed changes, as set out in Appendices A1 and A2 attached hereto (subject to Council Procedure Rule 36.1 in Appendix A2 being further amended in accordance with the Portfolio Holder’s recommendation in Appendix A3) and that those changes come into effect from 1^st May 2019

RESOLVED that:

b)    A mandatory review of the revised arrangements be undertaken, commencing six months from 1^st May 2019.

The Cabinet gave consideration to a report of the Finance and Corporate Resources Portfolio Holder (A.2) which sought Cabinet’s approval of the recommended changes to the Council Procedure Rules (Sections 1 and 2), as contained within Part 4 of the Council’s Constitution, for referral onto Full Council, following Council’s decision taken on 22 January 2019.

Cabinet recalled that Council, at its meeting held on 22 January 2019, had considered Cabinet’s recommendations in relation to proposed changes to the Council’s Constitution and the sizes of the Council’s Committees and had decided, inter alia, that:-

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

(b)  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 1^st May 2019.

The Alternative Procedure

Members were reminded that, at the meeting of the Constitution Review Working Party held on 6 December 2018, when it had reviewed the outcome of the consultation with all Members of the Council on the proposed changes to the Council Procedure Rules, the Finance and Corporate Resources Portfolio Holder after consulting the Monitoring Officer, had suggested an alternative approach to dealing with Motions on Notice at Full Council meetings which could be summarised 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.

Cabinet had then formally endorsed that alternative procedure at its meeting held on 18 January 2019 and had recommended it, in principle, to Full Council. As set out above, Full Council at its meeting held on 22 January 2019 had agreed, in principle, to the alternative procedure for dealing with motions on notice subject to revised Council Procedure Rules being produced for approval to the next practicable meeting of Full Council, so that they could come into effect on 1^st May 2019.

It was reported that revised Council Procedure Rules (Sections 1 and 2) which included the alternative procedure for dealing with Motions on Notice were set out in Appendices A1 and A2 to the Portfolio Holder’s report.

Cabinet was informed that Group Leaders had been consulted on the contents of the revised Council Procedure Rules and their comments, together with the Portfolio Holder’s comments and recommendations in response thereto, were set out in Appendix A3 to the Portfolio Holder’s report.

Members were made aware that a summary of the changes compared to the existing Council Procedure Rules was provided under each heading in the Current Position section of the report and in each case, the content had been revised to provide greater clarity, ensure effectiveness and efficient working practices for Members and Officers and checked to ensure it was in accordance with legislation, where necessary.

Having considered the information provided in the report and the proposed revised Council Procedure Rules (Sections 1 and 2) set out in Appendices A1 and A2, together with the Group Leaders’ consultation responses and the Portfolio Holder’s comments and recommendations in response thereto as set out in Appendix A3:-

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

RESOLVED that –

(a)       Cabinet recommends to Council that Part 4 of the Council’s Constitution be amended to reflect the proposed changes, as set out in Appendices A1 and A2 attached hereto (subject to Council Procedure Rule 36.1 in Appendix A2 being further amended in accordance with the Portfolio Holder’s recommendation in Appendix A3) and that those changes come into effect from 1^st May 2019; and

(b)     a mandatory review of the revised arrangements be undertaken, commencing six months from 1st May 2019.