Given that the ability for the Council to hold remote meetings ends on 7 May 2021, and there is insufficient room in the Council Chamber to hold a meeting of Full Council with appropriate social distancing measures as currently required, the following delegation is proposed as a contingency arrangement in the event of the need arising for an urgent Council decision.
Recommendation
Council agrees that, in relation to any meeting of Full Council convened for the period 7 May 2021 – 30 September 2021, in the event that the meeting is not quorate, any decisions identified on the meeting agenda as being Urgent, will be delegated (as far as the law allows) to the Chief Executive in consultation with the Mayor and the relevant Committee Chairman (including the Leader of the Council as Chairman of the Executive).
Minutes:
110.1 Cllr John Ward introduced the recommendation that Council agree an emergency delegation to the Chief Executive to take urgent Council decisions, as a contingency measure to avoid delays in urgent decision making following the expiry on 7 May 2021 of the regulations allowing the Council to hold meetings with remote attendance. The Council was being required to resume meetings in person in advance of the vaccination programme being completed, and the need for social distancing measures being relaxed. It was therefore understandable that some Members may not feel comfortable attending Council meetings in person. However, it was important that the business of the Council could continue even in such circumstances. The Chief Executive would only take a delegated decision in the event that a meeting of Full Council was convened but not quorate, and the decision in question had been identified clearly as being urgent.
110.2 Cllr Paul Follows seconded the recommendation. Cllr Hyman expressed serious concerns about the proposal which he felt was undemocratic, and unnecessary; he could not support the proposal, and suggested that the number required for a quorum should be reduced, if that was the potential barrier to making a democratic decision. Cllr Follows agreed that it was unfortunate that it was necessary to consider an emergency delegation, but emphasised that the purpose was to make urgent decisions in extraordinary circumstances, not for ‘business as usual’. The proposed delegation was time-limited, and would be removed sooner, if circumstances allowed.
110.3 Cllr Potts expressed concerns on behalf of the Conservative Group, and whilst the need for a contingency measure was recognised, they would be more comfortable with there being a requirement for the Chief Executive to consult with the Mayor, relevant Committee chairman and the leaders of all the political groups before exercising the emergency delegation. Cllr Potts proposed an amendment so that the delegation would be:
In relation to any meeting of Full Council convened for the period 7 May 2021-30 September 2021, in the event that the meeting is not quorate, any decisions identified on the meeting agenda as being Urgent, will be delegated (as far as the law allows) to the Chief Executive in consultation with the Mayor, the relevant Committee Chairman (including the Leader of the Council as Chairman of the Executive), and Leaders of the political groups and Independent Members.
Cllr Ward and Cllr Follows seconded the amendment.
110.4 Cllr Hyman remained concerned about the proposal, even with the amendment, which he did not feel addressed his fundamental points: that any decision taken under such a delegation would be undemocratic, and the delegation was not necessary. Cllrs Cosser, Adams, Wilson, Dickson, Gale and Blishen all spoke in support of the amended proposal. In summing up, Cllr Ward thanked Cllr Potts for the amendment, and emphasised the exceptional circumstances that necessitated having an emergency delegation in place.
110.5 The Mayor put the amended proposal to the vote, which was carried by general assent with the following exceptions:
Against: Cllrs Hyman, Jenny Else
Abstentions: Cllrs Dickson, Trevor Sadler
RESOLVED that in relation to any meeting of Full Council convened for the period 7 May 2021 - 30 September 2021, in the event that the meeting is not quorate, any decisions identified on the meeting agenda as being Urgent, will be delegated (as far as the law allows) to the Chief Executive in consultation with the Mayor, the relevant Committee Chairman (including the Leader of the Council as Chairman of the Executive), and Leaders of the political groups and Independent Members.