Agenda item

Report by the Associate Director, Legal and Governance and Monitoring Officer

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.

A report was presented which guided Council through the legal requirements in allocating seats to the political groups.

There were currently 4 political groups on the Council. The respective strengths of those Groups following these changes were as follows:-

The net effect of the change in political group sizes was that the Conservative group would lose 2 seats, the Liberal Democrat group would lose 4 seats and the Independent Group would gain 4 seats.

It was noted that as a result of these changes, the Conservative Group would also lose one seat on the Wiltshire and Swindon Fire Authority to the Labour Group. The Leaders of both of these Groups had agreed that subject to Council’s approval, they would be content for the status quo position to remain pending the outcome of any further review of committee places following the forthcoming by-election.

A draft scheme of committee places was presented which had been the subject of discussion with Group Leaders. However, agreement had yet to be reached over the allocation of all seats.

Cllr Jane Scott, Leader of the Conservative Group confirmed her Group’s changes as losing one seat from each of the Standards and Audit Committees.

Cllr Jon Hubbard, Leader of the Liberal Democrat Group moved a motion  that involved his group giving up the 4 seats required from the Northern Area Planning Committee, Licensing Committee, Health Select Committee and Staffing Policy Committee to the Independent Group and this was duly seconded. Cllr Clark, Leader of the Independent Group confirmed his acceptance of the first 3 named committees but sought an additional seat on the Overview and Scrutiny Management Committee as opposed to the Staffing Policy Committee. A comment was made that changes should not be piecemeal and that any scheme agreed should be complete and lawful.

The Monitoring Officer drew Council’s attention to the legal advice contained within the report presented. He also referred to his further advice circulated to members prior to the meeting on the Council’s responsibilities for determining the allocation of seats to political groups. He explained that it was for Council to determine a scheme of committee places, applying the principles as set out in the report presented so far as reasonably practicable.

The duty to apply these principles was not an absolute duty that required the Council to achieve pure political proportionality across the board. The law recognised that this may not be realistically achievable in all circumstances and therefore allowed for some flexibility and discretion by qualifying the requirement with the words ‘so far as reasonably practicable’. He also clarified that changes needed to be taken as a whole. It was noted that Council could adopt alternative arrangements which did not require political proportionality to the same extent or at all and the requirements for this approach were outlined.

Where it was not possible to reach agreement between the relevant group leaders,  Council must determine the allocation of places, making a reasonable and balanced judgment on the facts, and applying the statutory principles so far as reasonable practicable.

The Monitoring Officer gave advice on the question of the seat on the Overview and Scrutiny Management Committee on which there had been impasse between the leaders of the Liberal Democrat and Independent Groups. He advised that the Council could lawfully determine a scheme of committee places which included an extra seat for the Independent Group on the Overview and Scrutiny Management Committee.
Alternatively, Council could lawfully determine a scheme which gave the Independent Group its remaining entitlement to a seat on some other committee.  This could, for instance, be on a committee on which it did not currently have any representation.
In the absence of an agreed position, Council would need to determine a scheme having regard to the advice as outlined.

Cllr Simon Killane moved an amendment that the Independent Group accepts one seat on each of the Northern Area Planning Committee, Licensing Committee, Health Select Committee and the Overview and Scrutiny Management Committee, thereby rejecting the offer of a place on the Staffing Policy Committee and this was duly seconded.

Cllr Jon Hubbard opposed this amendment and explained that the offer of the 4 committees mentioned were en bloc and if not accepted en bloc, would be withdrawn. He pointed out that there were 3 committees where the Independent Group was not represented where they had an entitlement to representation. He further considered that Council should ensure that all committees were politically balanced and that the rules should not be applied selectively. 

The Monitoring Officer emphasised that the question of political proportionality on committees was for Council to determine.  However, if it was unable to determine at this meeting, the status quo position would remain until the next review, noting that the outcome of a forthcoming by-election could necessitate such a review.

A comment was made that any proposition to Council should be complete and not piecemeal in order to have a lawful scheme of committee places. To ensure clarity, the Chairman summarised the terms of the motion proposed by Cllr Hubbard and the amendment proposed by Cllr Killane.

On being put to the vote, the amendment was CARRIED.

Prior to a vote being taken on the substantive motion, for the avoidance of doubt, Cllr Killane summarised his motion which comprised the following:

·         Conservative Group to lose one seat from each of the Standards Committee and Audit Committee;

·         Independent Group gaining 4 seats from the Liberal Democrat Group taken from the Northern Area Planning Committee, Licensing Committee, Health Select Committee and the Overview and Scrutiny Management Committee;

·         No change on Council representation on the Wiltshire and Swindon Fire Authority pending the  outcome of any further review of committee places following the forthcoming by-election and

·         To accept the report presented to Council.

On being put to the vote, the substantive motion was CARRIED and it was

Resolved:

1.   To note the report presented and further legal advice circulated at the meeting and the legal requirements.

2.  To confirm the aggregate number and the draft scheme of committee places  available to members of the Council as set out in Appendix 1 to these minutes.

3. To approve the following changes to the appointment of Councillors on  committees to serve until the next occasion membership is reviewed under the provisions of the Local Government & Housing Act 1989:

·         The Conservative Group to lose two seats, from the Standards Committee and Audit Committee;

·         The Liberal Democrat Group to lose four seats, from the Northern Area Planning Committee, Licensing Committee, Health and Safety Committee and Overview and Scrutiny Management Committee;

·         The Independent Group to gain four seats, from the Northern Area Planning Committee, Licensing Committee, Health and Safety Committee and Overview and Scrutiny Management Committee.

4.    That there be no change to Council representation on the Wiltshire and Swindon Fire Authority pending the  outcome of any further review of committee places following the forthcoming by-election

Notes:

During consideration of the above mentioned item, the meeting had taken an adjournment as agreed by Council, to see if a mutually acceptable agreement could be reached between the Liberal Democrat and Independent Group Leaders. No agreement was, however, reached.

Cllr Jon Hubbard requested that it be recorded that he did not believe that the conduct of this part of the meeting had been procedurally correct.