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Council and Democracy

Agenda item

Review of the Council's Constitution

The report of the Monitoring Officer is attached.

Minutes:

The Leader and Portfolio Holder for Strategic and Borough Wide Leadership, Councillor Robinson presented the report of the Monitoring Officer outlining the revisions to the Constitution following the Scrutiny Review and seeking approval for those proposed revisions and the adoption of a revised Scrutiny structure.

 

Councillor Robinson referred to the three recommendations in the report, including proposed revisions to the Constitution in relation to new Scrutiny arrangements, following the Scrutiny Review between September and December 2018. This independent review by the Centre for Public Scrutiny had looked at ways the Council could adopt best practice and challenge working practices. The format of the new Scrutiny Groups had been based on the recommendations from that review and was proposed for adoption. The second recommendation was covered by a report that was issued by the Committee on Standards in Public Life (CSPL) regarding ethics in Local Government. The Standards Committee had considered the report and had suggested that the recommendations be adopted. The third recommendation was to grant the Monitoring Officer delegated authority to make any further minor amendments to the Constitution.

 

The motion was seconded by Councillor Mason.

 

Councillor Gray confirmed that the Labour Group had read the report with interest and welcomed the changes to the Scrutiny Groups as it brought proportionality to the leadership of those groups.

 

Councillor Jones supported the report and recognised the improvements made to the document and acknowledged the time taken to amend it and he welcomed the improvements to the clarity of responsibilities and clarification on the use of reserve members on specific committees. Councillor Jones raised a concern regarding the definition of ‘Key Decisions’ which included reference to decisions which were likely to be significant in terms of its effect on communities as well as financial matters and he considered that such decisions should not be made by the Leader or Cabinet alone, as it was a mechanism by which Scrutiny and the Call-In process could be avoided by the subjective views of the Cabinet on its own decisions, as to what was significant to the community. Councillor Jones requested amendments to the wording of the document.

 

Councillor Robinson raised a point of order and stated that the report was not recommending updates to the Constitution on a detailed basis; the recommendations were clearly set out in the report.

 

Councillor Jones stated that he could no longer support the report, as there were a number of amendments required.

 

The Monitoring Officer advised that any requests to propose amendments to the Constitution should be made through the Chairman of the Governance Scrutiny Group and any proposed amendments would be considered by the Group.  

 

Councillor Robinson reiterated that the recommendations related specifically to the revisions to Scrutiny, best practice/code of conduct and the delegation to the Monitoring Officer regarding minor updates with any detailed examination by the Governance Scrutiny Group. 

 

It is RESOLVED that Council:

 

a)    Consider and approve the revisions to the Constitution in relation to Scrutiny to adopt the recommendations of the March 2019 Council report.

 

b)    Adopt the Best Practice Principles and recommendations of the Committee on Standards in Public Life (CSPL).

 

c)    Consider and approve the revisions to the Constitution made by the Monitoring Officer under delegated authority.

Supporting documents: