Agenda item

Report of the Assistant Director of Governance and Monitoring Officer.

The report asked Members to approve the proposed Constitution of the Council for the 2023-24 Municipal Year. The proposed Constitution, it was explained, had been produced following an extensive review by the Standards Committee. The purpose of the review was to make sure that the Constitution was up to date, that it was in line with current legislation and that it provides appropriate rules and a framework to ensure the good governance of the Council and how it co-operates with others.

Council discussed the report. Councillor R Shipman and Councillor D Hancock moved and seconded a Motion to remove Section 10.3 of the Council Procedure Rules, requiring that Motions to change any part of the Constitution should first be considered by Standards Committee and Section 10.4 of the Council Procedure Rules, that no Motions to change Council policy should be accepted for  debate at a Council meeting, until they had first been considered by the relevant Scrutiny Committee, Cabinet, or by  Planning or Licensing Committee if the policy was a regulatory one, from the Constitution. Councillor R Shipman and Councillor D Hancock argued that this would allow Committees to act as gatekeepers and restrict democracy.

Councillor A Dale contended that the proposed approach would prevent the Constitution from being altered on an ad-hoc basis and ensure that it was only altered in an appropriate and constructive manner. Councillor K Gillott considered that the proposals would allow for proper process and consideration to be given to all proposed motions and that this would not restrict democracy or prevent Members from proposing motions to Council.

Councillor R Shipman exercised his right of reply to argue that if a motion cannot be accepted for debate at a meeting of Council, then Members would be unable to table it to go to a Scrutiny Committee meeting.

The Motion was put to the vote and was defeated.

Cllr C Cupit raised concerns over section 16.1 of the Members (Councillors) Planning Rules, which would limit the number of speakers at Planning Committee. She argued that only on rare occasions did large numbers of speakers speak at a Planning Committee meeting and that, as such, it would not be appropriate to impose the proposed restrictions.

Councillor C Cupit and A Dale proposed and seconded a motion to defer section 16.1 of the Members (Councillors) Planning Rules until the Standards Committee had reviewed these changes further. Following on from this, specific proposals should then be submitted to Council on what changes, if any, should be made.

Cllr R Shipman and J Barry supported this approach.

Cllr N Barker considered that there should be a limit on the number of speakers at Planning Committee but that this should be a greater number than five.

The revised motion was put to the vote and was approved by Council.

Following on from this Councillors J Barry and N Barker proposed and seconded a motion to approve the recommendations as set out in the report, subject to the above provision, be agreed.

The motion was put to the vote and was approved.

RESOLVED –

That:

·       Following on from the extensive review carried out by Standards Committee Council approves the proposed Constitution for the 2023-24 Municipal Year. Excluding section 16.1

·       Section 16.1 of the Constitution be referred back to Standards Committee for review.

·       Standards Committee be asked to undertake a further review of the Constitution, as part of its annual work programme for the 2023-24 municipal year and to make any necessary recommendations for change to Council, as appropriate.

·       Delegated power be given to the Monitoring Officer to make changes to the Constitution arising from any new legislation, administration errors or conflicts in interpretation during the course of the Municipal Year