Agenda item
Constitution Review Part B
- Meeting of General Purposes Committee, Tuesday, 26th February, 2019 6.30 p.m. (Item 4.4)
- View the background to item 4.4
Minutes:
Members were reminded that as set out in reports to the previous two General Purposes Committee meetings, officers are working through a refresh of the Council’s Constitution.
It was noted that this report presents a draft copy of the new Part B of the constitution for consideration by the Committee. The Committee noted that its views were welcomed both in terms of specific changes as well as the general thrust of this review. The draft will then be amended following any comments from the Committee (and elsewhere) and then combined with later Parts to form a fully refreshed constitution to be presented to Full Council.
The Committees review and comments on the draft Part B of the new constitution are set out below:
The Committee:
- Was advised that the review is not yet complete but it has so far resulted in a Part B which is approximately 160 pages compared to 250 in the current constitution;
- Note that some of the above mentioned changes is accounted for by moving content to Part D but it does highlight the effectiveness of creating a main constitution that is both shorter and easier to read;
- Noted that Local Authority Functions are split between Executive Functions which are the responsibility of the Mayor and Executive and then Non-Executive Functions which are the responsibility of Council and its Committees;
- Noted that the Council Functions set out at the start of Part B of the constitution derive from specific legislation and cannot be the responsibility of the Executive. The Council is required to set out where there are delegations of Council functions to Committees and officers. Where the delegation is to be exercised by a Committee/Officer, the matters reserved to the Committee are specified in the relevant Committee’s functions and terms of reference set out in Section 20;
- In relation to Council Functions, most derive from specific legislation. When changes to legislation require it, the Monitoring Officer would update the Council Functions’ Section necessary;
- Were advised that when the Selection of Councillors on Committees took place at the Annual Meeting, the Council also elected Chairs to those Committees except where appointments have been delegated by the Council or are exercisable only by the Mayor or Executive;
- Noted that when the Mayor leads the `Annual State of Borough’ debate there would be a debate for 1 hour to provide an opportunity for a discussion on policy matters and issues affecting the Council and the Borough. The debate would begin with a 15 minute introduction by the Mayor with the remaining 45 minutes will be divided proportionally (to the nearest minute) between the political groups on the council. It was proposed to now include a rule ensuring opposition group(s) must have a minimum of 5 minutes speaking time);
- Noted that it will be for each group to determine how much time each of their speakers will have subject to a minimum allocated speech length of two minutes;
- Noted there is to be no maximum speech length providing that group’s overall time limit is not breached;
- Was informed that in regard to the Budget Council Meeting, other than amendments notified in advance as above, the advice of the Monitoring Officer, Section 151 Officer and Chief Executive must be sought should Council wish to debate any further substantial amendment without notice, it was also now proposed to require members to indicate the reason for urgency for the proposed amendment;
- Noted that with regard to the Mayor’s report at ordinary meetings of the Council, it is proposed that the Speaker will now invite the Mayor to respond to the other Political Group leaders for up to 2 minutes;
- Indicated that subject to any specific quorum requirements if a quorum is not reached at the scheduled start time for a meeting, the Chair shall have the discretion to extend the start time by up to 15 minutes. The if a quorum is not achieved by that time then the meeting will stand adjourned;
- Noted that with regard to motions to be included on the agenda it is for the Mayor/Administration Leader to select the Administration Motion for Debate. Whilst it is for the Leader of the relevant Opposition Group to select the Opposition Motion for debate;
- Was advised that a motion must be about a matter for which the Council has a responsibility or which will have an impact on the Borough. Whilst the Monitoring Officer may reject a motion should it not contain a clear action or resolution which is within the power of the Authority to pursue;
- A discussion took place on the restrictions that should be placed on the content of motions to Council. Whilst happy to consider stricter guidance, Members indicated that they were not minded to introduce an absolute limit on the number of words in a motion and in any case considered 600 to be too tight as a limit.
- Noted that the Chairs of ‘Committees of Council’ will be elected the Council’s Annual Meeting. Whilst should a post of Chair of Committee be vacant at any other time during the year it would be for Council to consider that election at its next available meeting. If the Council should fail to do that then the Committee may appoint a Chair from amongst its own Members. Although different rules apply to Sub-Committees, Boards and other meetings; and
- Noted that when officers are taking delegated key decisions they must follow the relevant procedures when key decisions are taken by Individual Members of the Executive. This would include ensuring the decision is taken on the basis of a written report setting out key legal, financial and corporate implications
Accordingly, the Chair Moved and it was:-
RESOLVED:
- That the Committee’s comments on the draft Part B of the new constitution be incorporated into the fully refreshed constitution that will be presented to Full Council.
Supporting documents:
- Constitution Review Part B, item 4.4 PDF 106 KB
- Appendix 1 - Draft Part B of the new Constitution, item 4.4 PDF 889 KB
- Appendix 2 - Current Corporate Scheme of Delegation, item 4.4 PDF 113 KB
- Appendix 3 - Petition Scheme with proposed amendments, item 4.4 PDF 155 KB