Agenda item

Report of Solicitor to the Council. (report to follow)

The Leader of the Council submitted a report and commented that clearly the Council must improve.  The proposals contained within it were designed to help bring about this improvement by making changes to the way in which Cabinet was appointed; a bigger and improved role for Overview and Scrutiny; creating an Appointments and Appeals Committee and a General Purposes Committee; to change the Scheme of Delegations to members to enable Cabinet Sub-Committees to be created and to put in place a guillotine for Council meetings at 9.30pm.

Councillor B Hoare seconded the recommendations set out in the report and commented that their effect would be reviewed after six months.

Concern was expressed at the lack of consultation in respect of the proposals contained in the report and at the curbing of public access to Council meetings.  Concern was also expressed in respect of the proposed 9.30pm guillotine at Council meetings although it was noted that this could be waived at any meeting if the circumstances so justified it.

Comment was made that the proposals were designed to make decision making more efficient and effective and were not intended to suppress debate.  The expanded role of Overview and Scrutiny was in line with Government Best Practice Guidance.

Upon a requisition for a recorded vote there voted:

For the motion: Councillors Beardsworth, Capstick, Chaudhury, Choudary, Church, Collins, J Conroy, R Conroy, Crake, Davies, De Cruz, Garlick, Glynane, Hawkins, B Hoare, Hollis, B Markham, I Markham, Matthews, Meredith, Mildren, Scott, Simpson, Taylor, P M Varnsverry, P D Varnsverry, Wilson, Woods and Yates.

Against the motion: Councillors Caswell, Clarke, Duncan, Flavell, Hadland, Hill, Lane, C Lill, Malpas, Palethorpe and Reeve.

Abstained: the Mayor.

RECOMMENDED:That the Council makes the following changes to its executive arrangements and to its political structures:

(1) That the Leader be given the flexibility to appoint (and remove) the Members of the Cabinet within the statutory limits of a minimum of two and a maximum of nine; and for the Leader to determine and allocate the portfolios for himself and the other Cabinet Members.  Any changes under this head will be reported to Council for information.

(2) That there be three Overview and Scrutiny Committees and a Scrutiny Management Committee as described in Section 5 of the report.

(3) That there be an Appointments and Appeals Committee with the terms of reference set out in Section 6 of the report.

(4) That there be a General Purposes Committee with the terms of reference set out in Section 7 of the report.

(5) That there no longer be a Tree Panel as a Committee of the Council; and that the functions of the Tree Panel be transferred to the Planning Committee.

(6) That the Council’s Guidelines for Open Government be amended in respect of Cabinet meetings by the introduction of a requirement that persons wishing to address Cabinet must register their intention to do so by 12 noon on the day of the meeting and by having an overall time limit of thirty minutes during which all such addresses must be made, with powers for the Chair to vary the requirements according to the circumstances.

(7) That the Cabinet is empowered to set up Committees of the Cabinet according to its needs which can have delegated powers to take executive decisions.

(8) That the Scheme of Delegations for Members be simplified as described in Section 3 of the report, together with a simplification of the associated protocol.

(9) That the Solicitor to the Council make the necessary amendments to the Council’s Constitution to accord with the changes set out above, and that a further report containing the Constitutional changes be brought to the next Council meeting.

(10) That the Constitution, as amended, be reviewed in twelve months’ time by a working group to be set up at a future meeting.

(11) To note that structures currently in operation and not amended by this report will continue in their current form.

(12) That amendments to the Constitution allow the guillotine at Council meetings to fall at 9.30pm.