Agenda item

Report of the Director of Law & Governance and Monitoring Officer.

Also to determine any requests from Group Leaders for changes to committee membership in accordance with the allocation of seats to political groups previously approved by the Council.

Following changes in the number of seats held by individual political groups on the Council, a request had been received from the Leader of the Independent Group for a review of the allocation of seats to political groups.

Accordingly, Council considered a report by the Solicitor to the Council and Monitoring Officer on the legal considerations to be taken into account in undertaking such a review.

The report guided Council through the legal requirements in allocating seats to political groups.  In particular the report set out the legal position, the number of councillors in each of the five political groups, the four principles laid down in the Local Government and Housing Act 1989, the Committees of the Council and the method to be used in calculating places to the Committees. A draft scheme of Committee places which had been the subject of initial consultation with group leaders was circulated for Council’s consideration.

A discussion ensued on the application of the legal requirements to allocate seats to political groups. In particular, concern was expressed by the Independent Group in relation to how this applied to the allocation of seats on the Police and Crime Panel. The Solicitor to the Council and Monitoring Officer confirmed his view that the proposals before the Council complied with the legal requirements. He advised that the Council was not legally bound to provide the Independent Group a place on the Police and Crime Panel, which was subject to special rules involving the need to ensure that  ‘the balanced appointment objective’ is met so far as reasonably practicable. Panel members had undergone a specific period of induction training over the last eight months and it would not be possible to repeat this training prior to the elections in May. The Council was entitled to take this factor into account in considering the impact of a change of membership at this point in time on the  ‘balanced appointment objective’ which required the local authority members of the Panel (when taken together) to have the skills, knowledge and experience necessary for the Panel to discharge its obligations effectively. In relation to the rules on political proportionality under the 1989 Act, the Council was under a duty to apply these as far as reasonably practicable.

Cllr Christopher Newbury advised that effective from the end of this meeting, Cllr Ernie Clark would replace him as Independent Group Leader, with Cllr Francis Morland as deputy.

Resolved:

a)    That the report and legal requirements be noted

b)   To confirm the total aggregate number as 179 and the scheme of committee places available to councillors as attached as Appendix D to these minutes.

c)    To approve the following changes to the appointment of councillors to committees to serve until the next occasion membership is reviewed under the provisions of the Local Government and Housing Act 1989, which will be undertaken at the annual meeting of the Council in May:

Licensing Committee

Cllr Jacqui Lay removed as member

Cllr Chris Humphries appointed as member

Audit Committee

Cllr Alan MacRae removed as member

Cllr Jacqui Lay appointed as member

Eastern Area Planning Committee

Cllr Trevor Carbin removed as member

Cllr Chris Humphries appointed as member

Children’s Services Committee

Cllr David Jenkins removed as member

Cllr Jacqui Lay appointed as member

Recorded Vote

Cllrs Francis Morland and Russell Hawker requested that their votes against the above decisions be recorded.