Agenda item

Report of the Interim Chief Executive (copy herewith)

Mr Green, Mr Adams, Mr Buckle and Mr Grethe then addressed the Council expressing their concerns over amendments to the Constitution which meant that members of the public could no longer address Council on any item appearing on the agenda.  They considered that this was not democratic and asked that the Council revert to the status quo and allow public speaking at all Council meetings.

Councillor B Hoare then presented the report seeking approval to the amendments to the Constitution as set out in the appendix.  Councillor Hoare advised that the report reflected the decision of Council made at its meeting on 25 May when the Solicitor to the Council was authorised to make the necessary amendments to the Council’s Constitution to accord with the changes set out in the political structures report submitted to that meeting and requesting that a further report containing those constitutional changes be brought to this meeting accordingly.  He drew attention to revised Rule 1.4 which changed the timing of the guillotine from 10.30pm to 9.30pm.  He stated that there was no reference to any change with regard to public speaking at Council meetings. This report reflected changes in public speaking at Cabinet meetings.It was noted that the rules on public speaking at Council meetings had been approved and in operation since the beginning of the year. Councillor Hoare then referred to an addendum which had been tabled with regard to a further amendment to the Constitution in terms of paragraph 17 of the Council Procedure Rules.  The addendum pointed out that currently the Constitution only allowed substitutes on Overview and Scrutiny Committees and it sought to amend this to allow substitutes on Audit and General Purposes Committee.

The Council then discussed the report and Councillor Taverner proposed and Councillor Clarke seconded; “That the report be deferred and taken back and consulted upon further with the Leaders of the three political parties and Councillor Clarke to take on board the points raised this evening and brought back to the July meeting.

 Councillor Davies proposed a further amendment,”That the document as submitted be agreed with the exception of the section headed Guidelines for Open Government”. Councillor Taverner accepted this further amendment.

 The amendment was then put to the vote and upon the requisition for a roll call it was recorded that there:-

Voted for the amendment: Councillors Capstick, Caswell, I Choudhary, Clarke, Davies, Edwards, Lane, Larratt, C Lill, J Lill, Malpas, Palethorpe, Reeve, Scott and Taverner (15).

Voted against the amendment: Councillors Beardsworth,SChaudhury, Church, Collins, J Conroy, R Conroy, Crake, Garlick, Glynane, Hawkins, B Hoare, Hollis, I Markham,Matthews,Meredith,Mildren, Simpson, Taylor, P Varnsverry, P D Varnsverry, Wilson, Woods and Yates (23).

Abstained: The Deputy Mayor.

The amendment was lost.

Councillor B Hoare then moved for adoption the report as submitted which was seconded by Councillor Woods, voted upon and carried.

RESOLVED:That Council:-

(1) Approves the amendments to the Constitution as set out in the Appendix 1 to the report.

(2) Authorises the Solicitor to the Council to publish a revised version of the Constitution incorporating these and consequential minor amendments.

(3) Gives the Solicitor to the Council delegated powers to amend the Constitution to allow amendments that are required to implement Council’s decision on the political structures on 25 May 2007 in consultation with the Chief Executive and the Group Leaders.

(4) Agrees to incorporate the joint political statement into the protocols section of the Constitution (as at Appendix 2 of the report).

(5) Authorises officers to advertise the Constitutional changes as required by the relevant regulations.

(6) Agrees to a review of the Constitution within 12 months of this Council meeting.