Agenda item

To receive a report from the Monitoring Officer on recommendations from the Standards Committee in respect of the following Parts of the Constitution:

Part 1 – Introduction and Contents

Part 2 – Articles of the Constitution

Part 3 – Responsibility for Functions and Schemes of Delegation

Part 4 – Council Rules of Procedure

The Chairman invited Councillor Ashley O’Neill, Cabinet Member with responsibility for Governance, to present a report on recommendations from the Standards Committee in respect of the following Parts of the Constitution:

Part 1 – Introduction and Contents

Part 2 – Articles of the Constitution

Part 3 – Responsibility for Functions and Schemes of Delegation

Part 4 – Council Rules of Procedure

Councillor O’Neill outlined that these changes were the first set of changes set to be brought before the Council as part of a review of every section of the Constitution, and that further parts and protocols would be taken to later meetings, with some sections having not been updated for many years.

It was explained that changes to Part 1 were made to enable the section to be more useful as an introductory section and to highlight the purpose of each section. Changes to Part 2 included, but were not limited to, the removal of sections which had been duplicated elsewhere, updating references to the business plan, general clarifications to be consistent and further details relating to Overview and Scrutiny and key decisions.

It was outlined that Part 3 had been amended to provide adjustments to terms of references for committees as well as minor clarifications relating to schemes of delegation and updates in relation to the Area Board procedure in line with the Area Board Handbook approved by the Leader in 2022. Following approval of the new Code of Conduct in October 2022 it was proposed that the Monitoring Officer would be authorised to approve some dispensations rather than requiring a Standards Sub-Committee. The section on indemnity was also proposed to be changed to be brought in line with other local authorities, and to include details relating to Members.It was also explained that changes to Part 4 were proposed to, among other details, provide guidance on notices of motion and council questions as well as procedural clarifications on debate processes.

Councillor O’Neill paid tribute to the work of the cross-party Constitution Focus Group, which had spent considerable time and many meetings working on the suggested changes with a detailed, collaborative approach. He thanked Kieran Elliott, Democracy Manager (Democratic Services) for his support and guidance during the process. He confirmed the changes had been approved by the Standards Committee.

Councillor O’Neill then proposed the motion to update the sections of the constitution as outlined, which was seconded by Councillor Paul Oatway QPM, Chairman of the Standards Committee.

In moving the motion Councillor O’Neill included a further change not considered at Standards Committee in respect of substitution arrangements for planning committees and the Officer Appointments Committee.

Comments were then received from Group Leaders as follows:

Councillor Richard Clewer, Leader of the Council, acknowledged that though there was a lot of proposed changes these were for the most part procedural and straightforward improvements. The Leader thanked Councillor O’Neill and the Focus Group for their work.

Councillor Ian Thorn, Leader of the Liberal Democrat Group, thanked Councillor O’Neill for his thoughtful and considered approach to the process of undertaking the series of amendments as well as to the officer for patience and support during the process. He raised a query relating to gender neutral terminology where possible.

The item was then opened up for debate.

Comments raised in debate included seeking clarification on the proposal to allow any number of substitutes for planning committees, not a maximum of four as at present, and the legal position of substitution generally. The importance of reviewing and updating the Constitution, as the rule book of the council, was highlighted, and the need for Members to participate in that process. It was noted some concerns had been raised regarding clarity around interests and Members who also sat on town or parish councils, and it was noted that the Constitution Focus Group would be looking at this matter further.

Following a summary and response from Councillor O’Neill, at the conclusion of the debate it was then,

Resolved:

That Council approve the following updated sections of the Constitution:

Part 1 – Summary and Contents

Part 2 – Articles of the Constitution

Part 3 – Responsibility for Functions and Schemes of Delegation

Part 4 – Council Rules of Procedure