Agenda item

The Council is asked to consider the recommended changes to the Constitution put forward by the Cabinet 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 [SI 2020/392].

The Council had before it a report of the Assistant Director (Governance) & Monitoring Officer (A.4) which sought its approval of the recommended changes to the Constitution put forward by the Cabinet 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 [SI 2020/392].

Council was aware that, on 29 May 2020, Cabinet had considered a report of the Corporate Finance and Governance Portfolio Holder which had sought its endorsement of the changes required to the Council’s Constitution in consequence of The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority Police and Crime Panel Meetings) (England and Wales) Regulations 2020 No.392 (‘the Regulations’).

Council was further aware that those Regulations, made under section 78 of the Coronavirus Act 2020, applied notwithstanding any other legislation or current or pre-existing standing orders or any other Council rules governing meetings and would remain valid until 7^th May 2021.  This meant that, wherever there was a conflict, within the Council’s Constitution, or with any procedures or rules implemented under Business Continuity Arrangements, those remote meetings regulations would take precedence.

It was therefore the case that the effect of those Regulations on the Authority’s Constitution was to insert what were, in effect, mandatory standing orders for those authorities that wished to hold meetings remotely, either wholly or partially.

Members were reminded that a Remote Meetings Protocol and Procedure Rules document had been produced on 17^th April 2020 by Lawyers in Local Government (LLG) and the Association of Democratic Services (ADSO) for the purpose of assisting authorities to highlight the changes required to Councils’ Constitutions in consequence of the Regulations. Rather than adopting that Protocol without amendment, the Monitoring Officer and Democratic Services officers, had worked through that national guidance and best practice in order to highlight the changes required for Tendring District Council.

It was reported that the proposed changes covered a number of miscellaneous amendments to the Council Procedure Rules and the Access to Information Procedure Rules, and Articles 3 and 7 which were all required in order to comply with the new legislation and to ensure that this Council’s Constitution remained effective, efficient and consistent at an operational level.  Those key changes had been highlighted in the Portfolio Holder’s report to Cabinet.

The Cabinet had been advised on 29 May 2020 that the Monitoring Officer could make those changes to the Constitution in accordance with the delegated authority provided to her within Article 15. However, it had been considered to be prudent for the Corporate Finance & Governance Portfolio Holder’s Constitution Review Working Party to undertake a light touch review prior to submitting the changes to Full Council for ratification, in order to enable the working practices and the guidance issued for remote meetings to be considered in a little more depth

Therefore Cabinet’s decision at its meeting held on 29 May 2020 had been as follows:-

“That Cabinet:

1. notes that changes to the Council’s Constitution are required as a direct consequence of the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority Police and Crime Panel Meetings) (England and Wales) Regulations 2020;

2. endorses the changes as identified by the Monitoring Officer and as set out in this report and Appendices A - E attached hereto;

3. endorses that all changes took immediate effect to comply with the Regulations;

4. endorses that all Councillors conduct all Council business through their Tendring District Council online accounts using the corporate IT kit supplied to them for the smooth facilitating and running of remote meetings;

5. adopts the Remote Meeting Guidance for Members and Officers attached as Appendix F and grants a delegated authority to the Head of Democratic Services and Elections to make minor changes to such Guidance, in consultation with the Portfolio Holder for Corporate Finance and Governance;

6. requests that the Portfolio Holder’s Constitution Review Working Party undertake a light-touch review of any changes to be made to the Constitution and the application of the Remote Meeting Guidance and reflects upon working practices for remote meetings and then submits its recommendations direct to Full Council for ratification; and

7. recommends 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.”

The Portfolio Holder’s Report and the relevant accompanying Appendices A to E which had been considered by Cabinet at its meeting on 29 May 2020 were before Council, as Appendices to item A.4 of the Report of the Assistant Director (Governance) & Monitoring Officer.

It was reported that, in accordance with the decision of the Cabinet, the Corporate Finance and Governance Portfolio Holder’s Constitution Review Working Party (CRWP) had met on 3 July 2020to undertake a light-touch review of any changes to be made to the Constitution and the application of the Remote Meeting Guidance and had reflected upon working practices for remote meetings. The CRWP had agreed to make the following recommendations to Full Council for ratification:-

a)      that the Council’s regulatory committees be listed in the proposed new Council Procedure Rule 19A;

b)      that the Remote Meeting Guidance for Councillors include a provision whereby Members inform the Chairman that they are leaving the meeting either permanently or for an extended period of time; and

c)    that during this current period when meetings are being held remotely that any proposed amendments to Motions on Notice submitted to a Full Council meeting should be circulated in advance of that meeting.

Council was informed that the Working Party had also discussed Members’ attendance at meetings and their compliance with Section 85 of the Local Government Act 1972 in the light of meetings being held remotely in accordance with the provisions 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 (and, in particular, Regulation 5 of those Regulations).

To assist in its discussions the Working Party had had before it a Briefing Note prepared by the Monitoring Officer together with extracts of the relevant legislation.

It was had been agreed by the CRWP that the Assistant Director (Governance) & Monitoring Officer take into account going forward that the CRWP had recommended that –

(i)      Members who are following the proceedings of a meeting via the public ‘live stream’ should inform Officers that they are doing so via an email to democratic services or to the contact Officer listed on the agenda for that meeting and that they should send a second email when they have ceased to follow the proceedings;

(ii)     in order for that attendance referred to in (i) above to ‘count’ such attendance must be for a minimum period of time e.g. 30 minutes; and

(iii)   any Ward Member or “caller in” who registers to speak on a planning application due to be considered by the Planning Committee should be then sent the relevant Microsoft Teams or Skype4Business meeting invite in order that they can join the meeting at the appropriate juncture by video link rather than by audio telephone link only.

Council was advised that, due to the importance of the consequences of Section 85 of the Local Government Act 1972 (attendance at a meeting within 6 months to avoid automatic disqualification), the Monitoring Officer’s opinion was that the CRWP’s recommendations (i) and (ii) as set out directly above should be included within the Constitution once approved by Full Council.

It was moved by Councillor G V Guglielmi and seconded by Councillor Stock OBE that –

(a)    subject to resolution (b) below, the Council’s Constitution be amended to reflect the proposed changes, as set out in Appendices A to E attached hereto the Assistant Director (Governance) & Monitoring Officer’s report;

(b)    the recommendations arising from the meeting of the Corporate Finance and Governance Portfolio Holder’s Constitution Review Working Party held on 3 July 2020 be approved, adopted and implemented; and

(c)    subject to resolution (b) above, the Monitoring Officer be authorised to make changes to the Constitution, where necessary, and ensure that the Remote Meeting Guidance for Councillors is updated accordingly.

Councillor M E Stephenson then moved and Councillor Scott seconded that Councillor Guglielmi’s motion be amended to read as follows:-

(a)    that, subject to recommendations (b) and (c) below, Council resolves that the Council’s Constitution be amended to reflect the proposed changes, as set out in Appendices A to E attached hereto this report;

(b)    that, with the exception of the suggested 30 minute minimum time period for attendance and therefore, subject to (c) below the recommendations arising from the meeting of the Corporate Finance and Governance Portfolio Holder’s Constitution Review Working Party held on 3 July 2020 be approved, adopted and implemented;

(c)    that the relevant period of time to ‘count’ as attendance and ensure compliance with Section 85 of the Local Government Act 1972 should be for duration of the meeting ‘attended’ with such requirement being formalised within the Constitution; and

(d)   that, subject to recommendations (b) & (c) above, the Monitoring Officer be authorised to make changes to the Constitution where necessary and ensure that the Remote Meeting Guidance for Councillors is updated accordingly.

Councillor Guglielmi, in his capacity as the Corporate Finance and Governance Portfolio Holder, undertook to refer the matter that Councillor Stephenson had raised in his amendment to the Constitution Review Working Party for its consideration.

Councillor Stephenson, pursuant to the provisions of Council Procedure Rule 16.5, thereupon withdrew his amendment with the consent of his seconder, Councillor Scott.

Councillor Guglielmi’s motion, on being put to the vote, was declared unanimously CARRIED.