Agenda item - Review of the Constitution - December 2018

Report of the Executive Lead for Strategy Governance & Law (copy attached)

RESOLVED: That the Committee –

(i)            Noted the proposals set out in paragraphs 4.1-4.3 of the report for officers to undertake a review of Committee delegations in relation to homelessness and housing matters and report back to a future PR&G Committee;

(ii)          Noted the proposals set out in paragraph 4.4 and Appendix 1 of the report for officers to undertake a review of Member Working Groups and agree to discontinue those task and finish Groups that have completed their work and to report back to a future PR&G Committee to seek agreement to the continuance of specific Member Working Groups;

(iii)         Recommends to full Council the proposed changes to the Council’s Constitution set out at paragraphs 4.5-4.8 (Council Procedure Rules – Public Questions) and 4.9-4.10 (Scheme of Delegations to Committees – corporate policy and budgetary implications);

(iv)         Approved the recommendation set out at paragraph 4.11- 4.12 (Scheme of Officer Delegations - litigated claims handling).

Full Council

(v)          That the proposed changes to the Council’s Constitution recommended in paragraph 2. 2 above be approved and adopted.

Both Policy, Resources & Growth Committee and Full Council

(vi)         That the Chief Executive and Monitoring Officer be authorised to take all steps necessary or incidental to the implementation of the changes agreed by the Policy, Resources & Growth Committee and by Council, and that the Monitoring Officer be authorised to amend and re-publish the Council’s constitutional

documents to incorporate the changes.

(vii)        That the changes proposed in paragraph 2.2 come into force immediately following their adoption at full Council.

(viii)      That proposed changes set out in paragraph 2.3 come into force immediately

94.1    The Committee considered the report of the Executive Lead for Strategy Governance & Law which proposed changes to the Council’s Constitution.

94.2    The Executive Lead for Strategy Governance & Law advised the Committee that there were three minor changes to the published report. Recommendation 2.5, should refer to recommendation 2.3 rather than 2.2, Recommendation 2.7 should refer to recommendation 2.3 rather than 2.2 and Recommendation 2.8 should refer to recommendation to 2.4 rather than 2.3.

94.3    Councillor Mac Cafferty was concerned that members of the public could not ask the same question multiple times within a six month period, particularly as residents did not always know the right forum to put a question. The Executive Lead for Strategy Governance & Law said that if a member of the public submitted a question to wrong committee they would be directed to the correct one, rather than it being flatly refused. With regard to the same question being asked a number of times, he said that some people were flooding committees with numerous questions and the amendments were being proposed to address that. Councillor Meadows said that Housing & New Homes Committee regularly received twenty plus questions for each meeting, and when they related to the work of another committee they would be forwarded on to ensure that they received a correct response both to the substantive and the supplementary question.

94.4    Councillor Sykes said he was concerned that if a number of different people wanted to ask questions on the same matter but from a different angle, that the Chair could decide to only allow one of those to be asked at a committee.

94.5    Councillor Janio said that some of the changes could be taken as eroding democracy, but said that he had attended a Housing & New Homes Committee and it wasn’t democracy to flood a meeting with a series of questions on the same matter. He suggested that the matter be reviewed, but asked that it be done after the PR&G Committee in June 2019 as there would then be a new council in place. The Executive Lead for Strategy Governance & Law said that the Cross Party Working Group met every two to three months, and would continue to review. The Chair agreed that it would be sensible to review after the new council was in place next year.

94.6    The Chair noted the amendments to the recommendations as outlined by the Executive Lead for Strategy Governance & Law.

94.7    RESOLVED: That the Committee –

(i)            Noted the proposals set out in paragraphs 4.1-4.3 of the report for officers to undertake a review of Committee delegations in relation to homelessness and housing matters and report back to a future PR&G Committee;

(ii)          Noted the proposals set out in paragraph 4.4 and Appendix 1 of the report for officers to undertake a review of Member Working Groups and agree to discontinue those task and finish Groups that have completed their work and to report back to a future PR&G Committee to seek agreement to the continuance of specific Member Working Groups;

(iii)         Recommends to full Council the proposed changes to the Council’s Constitution set out at paragraphs 4.5-4.8 (Council Procedure Rules – Public Questions) and 4.9-4.10 (Scheme of Delegations to Committees – corporate policy and budgetary implications);

(iv)         Approved the recommendation set out at paragraph 4.11- 4.12 (Scheme of Officer Delegations - litigated claims handling).

Full Council

(v)          That the proposed changes to the Council’s Constitution recommended in paragraph 2. 3 above be approved and adopted.

Both Policy, Resources & Growth Committee and Full Council

(vi)         That the Chief Executive and Monitoring Officer be authorised to take all steps necessary or incidental to the implementation of the changes agreed by the Policy, Resources & Growth Committee and by Council, and that the Monitoring Officer be authorised to amend and re-publish the Council’s constitutional

documents to incorporate the changes.

(vii)        That the changes proposed in paragraph 2.3 come into force immediately following their adoption at full Council.

(viii)      That proposed changes set out in paragraph 2.4 come into force immediately