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Decision details
Approval for adoption of temporary constitutional procedure on remote meetings
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
To approve the adoption of a temporary
constitutional protocol on remote meetings and other meeting
procedures, to apply during the Covid-19 emergency in accordance
with The Coronavirus Act 2020 (The Act) and The Local Authorities
and Police and Crime Panels (Coronavirus) (Flexibility of Local
Authority and Police and Crime Panel Meetings) (England and Wales)
Regulations 2020 (The Regulations)
Reasons for the decision:
A decision to change the Constitution would in
other circumstances be taken by Full Council following
consideration by the Standards Committee. However, in circumstances
where Full Council is unable to meet to expedite its functions in a
timely manner during the COVID-19 pandemic, this decision is being
taken in accordance with the powers referred to in the background
section after consultation with Group Leaders and relevant Members,
including the Cabinet Member for Spatial Planning, Development
Management and Investment, the Chairmen and Vice-Chairmen of the
Council’s Planning Committees, and the Constitution Focus
Group. This decision will be reported to the next meeting of the
Standards Committee and Full Council.
The Act and the Regulations permit the holding of virtual meetings
of the Council by authorising attendance of elected Members by
remote means. This applies notwithstanding any prohibition or
restriction in the Council’s Constitution governing meetings
of the Council.
The Regulations allow the Council to establish such standing orders
and procedures as may be appropriate to ensure the efficient and
effective running of meetings, and appropriate access or
participation of the public.
Therefore, in order to provide clarity, openness and transparency
for Members and the public, procedures for remote meetings have
been prepared for adoption within the Constitution. These will be
kept under review and amended by the Monitoring Officer after
consultation with Group Leaders and relevant Members as deemed
necessary.
I confirm that in making this decision I have considered the
following in line with Wiltshire Council’s
Constitution:
Key decision requirements: Not applicable – the decision
relates only to procedural operation of cabinet and committee
decision making
Views of relevant cabinet member(s), committee chairman, area
board(s): Group Leaders and relevant Members, including the Cabinet
Member for Spatial Planning, Development Management and Investment,
Chairs and Vice-chairs of Planning Committees, and the Constitution
Focus Group have been consulted for their views.
Consideration of the area boards and delegated decision checklist
for officers on the issue of when and how to involve local
councillors and area boards in decisions about local services: Not
applicable - the decision relates only to procedural operation of
cabinet and committee decision making
Implication of any council policy, initiative, strategy or
procedure:Yes – the adoption of these procedures will enable
Members to discharge their decision making functions.
Consultation in accordance with requirements and expectations
of
consultation with the public: Not applicable - the decision relates
only to procedural operation of cabinet committee decision making
and consultation is not a requirement in the present circumstances.
However, consideration has been given to the expectations of the
public and how to ensure they can access and/or participate in
democratic meetings.
Range of options available: The Council could adopt no specific
procedures and rely on ad hoc arrangements. This would lead to
inconsistencies and potentially undermine effective democracy and
decision making.
Staffing, financial and legal implications: There are no staffing
or financial implications other than to address the risk of reduced
staff due to Covid-19 emergency events. Legally the holding of
remote meetings is now permitted under the Act and the Regulations.
The new protocol and other procedures beyond the constitution are
to ensure decisions are made in a robust, fair and transparent
manner.
Risk assessment: Lack of clear procedures for remote meetings could
delay or undermine effective decision making and local
democracy
Involvement of statutory officers and/or directors: The Monitoring
Officer has consulted the Chief Executive Officers, the Proper
Officer and relevant directors in drawing up these
procedures.
Regional or national guidance from other bodies: Best practice
guides and examples from other authorities have been considered in
the preparation of these procedures.
The council’s constitution: This decision will introduce a
temporary new protocol to the Constitution.
This contract is suitable for execution under the e-signature
process: Not applicable
Alternative options considered:
The Council could choose not to have any
procedures for remote attendance at meetings and rely on ad hoc
arrangements. This would, however, lead to inconsistencies,
uncertainty, ineffective decision making and undermine public
confidence in local democracy.
Conflict of Interest: Not applicable
Background: As the Monitoring Officer, I am responsible for monitoring the effectiveness of the Constitution on behalf of Wiltshire Council. The power to make a decision in respect of this matter is delegated to me pursuant to Wiltshire Council’s Constitution under Article 15.3.2 of Part 2. Further, pursuant to Paragraph 4 of Part 3 Section D of the Constitution, the Directors of Wiltshire Council are empowered to take all necessary decisions in cases of emergency. As Director of Legal, Electoral and Registration Services these changes should be made as the interests of the Council may be compromised if this decision is not taken.
Contact: Ian Gibbons, Director - Legal, Electoral and Registration Services Email: ian.gibbons@wiltshire.gov.uk Tel: 01225 713052.
Publication date: 18/05/2020
Date of decision: 06/05/2020
Accompanying Documents: