Agenda item

The Council is asked to consider the recommended changes to the Constitution put forward by the Cabinet following an annual review undertaken by the Corporate Finance and Governance Portfolio Holder through a Working Party constituted for this purpose.

The Council had before it a report of the Assistant Director (Governance) & Monitoring Officer (A.3) which sought its approval of the recommended changes to the Constitution put forward by the Leader of the Council (on behalf of the Cabinet) following a review undertaken by the Corporate Finance and Governance Portfolio Holder through a Working Party constituted for this purpose.

Council was aware that the Cabinet was due to have considered, at its scheduled meeting on 20 March 2020, a report of the Corporate Finance and Governance Portfolio Holder which would have requested it to approve the recommended changes to the Constitution for referral onto Full Council.

That report had been published with the agenda for that meeting in March 2020 which unfortunately had then had to be cancelled in response to the COVID-19 public health emergency. However, the recommendations contained therein had been subsequently approved by the Leader of the Council (acting on behalf of the Cabinet) who had exercised urgent powers granted to him under the Council’s Constitution.

Members were reminded that the main proposals covered a number of miscellaneous amendments to the Council and Overview and Scrutiny Procedure Rules, changes required to comply with legislation, revised statutory guidance and to ensure the Constitution was effective, efficient and consistent at an operational level. 

The Portfolio Holder’s Report and accompanying Appendices which had been due to have been considered by Cabinet at its cancelled meeting on 20 March 2020 were attached as Appendices to the Officer report. 

The Council was informed that the Leader of the Council’s decision, on behalf of the Cabinet which had been taken on 24 April 2020, was as follows:-

“1.        That Cabinet RECOMMENDS TO COUNCIL:

(a)        that the Council’s Constitution be amended to reflect the proposed changes as set out in this report and the appendices attached hereto (with the exception of Appendix S which relates to executive functions);

(b)        that all changes come into effect from the date on which they are approved by Full Council;

(c)        that Group Leaders be commended to strongly urge that all Members attend planning and licensing training events which would both increase the number of named substitutes that Group Leaders would have at their disposal as well as providing Members with greater knowledge of the workings of the Council that will prove useful to them in their Ward and wider representational roles; and

(d)        that the Monitoring Officer be requested to undertake a review of the public speaking scheme for the Planning Committee in accordance with Council Procedure Rule 40, as amended.

2.         That Cabinet resolves:

(a)        that the proposed changes to the Scheme of Delegation (Schedule 3 – Responsibility for Executive Functions), as set out in Appendix S, be approved;

(b)        that the Head of Democratic Services & Elections and the Head of Legal and Governance Services & Monitoring Officer, in consultation with the Deputy Leader of the Council, the Chairmen of the overview and scrutiny committees, the Chairman of the Audit Committee and one other Portfolio Holder (to be decided by the Deputy Leader), be authorised to draft a formal Executive-Scrutiny Protocol for this Council and to submit this to the Overview and Scrutiny Committees and Cabinet for adoption;

(c)        that the Head of Legal and Governance Services & Monitoring Officer, in conjunction with the Head of People, Performance and Projects, be requested to review the Council’s Whistleblowing Policy in order to make sure that it is robust and report any necessary amendments to the Human Resources and Council Tax Committee; and

(e)        that the Head of Democratic Services & Elections be requested to incorporate within the Member Development Scheme regular training on overview and scrutiny matters (including, for example, on the clear division of responsibilities between the Council’s scrutiny function and its audit function).”

Council further recalled that Cabinet, at its meeting held on 29 May 2020, had subsequently considered a report and appendices of the Corporate Finance and Governance Portfolio Holder in relation to recommended changes to the Constitution in consequence of The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020. Contained within that report, inter alia, were further recommended changes to one of the Appendices attached to the previous Constitution Review Report that had been published for the agenda of Cabinet for its cancelled meeting in March 2020.

The proposed changes to the Constitution highlighted in Appendix E to the March Constitution Review report drew the distinction between the functions of the Executive, which still had responsibility for strategic planning outside of the Local Plan process and other matters in accordance with the Functions and Responsibilities Regulations.  Unfortunately, a minor correction had been required to that Appendix because express reference to Supplementary Planning Documents (SPDs) in paragraph 8, 15 and 16 had not been amended.  In accordance with the Functions and Responsibilities Regulations the Planning Policy and Local Plan Committee could only recommend SPDs onto Cabinet for approval.

Cabinet, at its meeting held on 29 May 2020, had therefore decided, inter alia:-

“that Appendix G, as attached to this report, be submitted to Full Council as a replacement to Appendix E to the March 2020 Constitution review report, which was then subsequently approved by the Leader of the Council (on behalf of the Cabinet) for submission to Full Council.”

Council was made aware that the other changes to the Constitution, as approved by Cabinet at its meeting held on 29 May 2020, would be considered by Council at a later date.

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

RESOLVED that –

(a)     the Council’s Constitution be amended to reflect the proposed changes, as set out in the appendices attached hereto this report;

(b)     all changes come into effect from the date on which they are approved by Full Council (i.e. 21 July 2020);

(c)     Group Leaders be commended to strongly urge that all Members attend planning and licensing training events which would both increase the number of named substitutes that Group Leaders would have at their disposal as well as providing Members with greater knowledge of the workings of the Council that will prove useful to them in their Ward and wider representational roles; and

(d)     the Monitoring Officer be requested to undertake a review of the public speaking scheme for the Planning Committee, in accordance with Council Procedure Rule 40, as now amended.