Agenda item

The Standards Committee recommends to Council that:

1)     Two Overview and Scrutiny Committees be established with immediate effect: Policy and Services.  Each committee will comprise 11 Members and meet a minimum of 5 times a year. 

2)     Subject to approval of Recommendation 1 above, Article 6 of the Constitution and the Overview and Scrutiny Procedure Rules be amended as set out in Annexe 2.

3)     A Landlord Services Advisory Board be established under the Executive Working Group Protocol with Terms of Reference as set out in Annexe 3.

4)     That the terms of reference of the Standards Committee be amended as set out in Annexe 4; that the name of the Committee be amended to the Standards and General Purposes Committee; and the membership be amended to add three politically proportionate Substitutes.

5)     That the Executive Procedure Rules be amended as set out in paragraph 4.26 below, and the Executive Working Group Protocol as set out in Annexe 5 be adopted.

6)     That the Council Procedure Rule 21.1 be amended as set out in paragraph 4.27 to allow Members the choice of whether to stand or remain seated to address the Mayor at meetings of the Council.

7)     That in view of there being only two Overview and Scrutiny Committees, the Overview and Scrutiny Co-ordinating Board be abolished.

8)     That authority be delegated to the Monitoring Officer to make the necessary changes to the Constitution arising from recommendations 1-7 above.

53.1     Councillor Nicholson introduced the report and the Leader moved an amendment to the recommendations, which was duly seconded by Councillor Clark, to amend the Constitution to enable the Leader to delegate decision making authority to individual members of the Executive, as set out in the Local Government Act.  He asked for it to be noted that he was seeking to amend the recommendations of the Standards Committee, not to amend the minutes as he had previously stated.  The amendment would enable the Leader to delegate authority to the Portfolio Holder for Housing and Community Safety to act as a fully empowered Chairman of the Landlord Services Advisory Board which would have tenants panel representatives as full voting members and would streamline Executive decision making.  He emphasised that the Overview and Scrutiny Committees would still have the ability to scrutinise any delegated decision.

53.2     Councillor Goodridge spoke against the amendment as it introduced a new matter not considered by the Standards Committee; and that the Standards Committee should consider all amendments to the Constitution.

53.3     Councillor Mulliner echoed Councillor Goodridge’s comments and welcomed the Leader’s clarification that the amendment was to the recommendations and not the minutes of the Standards Committee.  Amendments to minutes could only be done by and with the agreement of members of that Committee.  He felt that the objective that the Leader was trying to achieve was reasonable, but that the Standards Committee should be given the opportunity to consider at a special meeting and for that reason he could not support the amendment.

53.4     Councillors Cosser and Hyman asked for a view from the Monitoring Officer on whether the amendment was Constitutional.  Councillor Hyman sought clarification on the process for taking and scrutinising any delegated decision.

53.4     The Leader advised that any delegated Executive decision would be published in the same way as those taken collectively by the Executive.

53.5     The Monitoring Officer advised that the process for publishing delegated decisions would be the same and the Overview and Scrutiny Committees would have the same amount of time, as set out in Constitution, in which to call in a decision.  It was not unconstitutional for any Councillor to move an amendment to a recommendation before the Council, and the Councill now had the opportunity to debate that amendment.

53.6     Councillors Mulliner and Goodridge both sought clarification on whether all amendments to the Constitution were required to be considered first by the Standards Committee.  In response, the Monitoring Officer advised that matter was referred to at the Standards Committee.  Councillor Peter Martin sought clarification on whether the amendment was constitutional.  In response, the Monitoring Officer advised that the power to change the Constitution sat with the Council.  The Council had chosen to delegate consideration of any changes to the Standards Committee, however it was not unconstitutional for changes to be considered by the Council.

53.7     In summing up, the Leader clarified the purpose of his amendment and highlighted the clarification given by the Monitoring Officer.

53.8     Councillor Hyman raised a point of order on the basis that the Council was not able to make the decision being proposed.  In response the Monitoring Officer reiterated his advice that full Council was able to exercise its right to amend the Constitution.

53.9     At the conclusion of the debate, the Mayor called for a vote on the amendment which was carried 24 for; 16 against and 2 abstentions.

53.10   The Leader thanked the Standards Committee for their consideration on the issues before the Council and commended the recommendations as amended to the Council.

53.11   Councillor Seaborne remained concerned over the terms of reference of the new Overview and Scrutiny Committees and the Landlord Services Advisory Board; and who would be responsible for scrutinising housing policies.

53.12   Councillor Goodridge spoke against the recommendation to remove the requirement to stand when addressing the Mayor.  In response the Leader felt that those who had mobility issues should be given the option to remain seated.

53.13   Councillor Jenny Else highlighted a typo and sought clarification on a reference to the Overview and Scrutiny Coordinating Board, which it was proposed to dispense with.

53.14   Councillor Nicholson clarified the recommendation to remove the Coordinating Board.  The Monitoring Officer advised that there was a discrepancy in the report and all references to the Board would be removed from the Constitution.  Councillor Nicholson briefly summed up and requested that the Mayor move to a vote.

53.10   The Mayor moved the recommendations, as amended, which were carried 25 votes for; 16 against; and 4 abstentions and it was

RESOLVED that:

1)     Two Overview and Scrutiny Committees be established with immediate effect: Policy and Services.  Each committee will comprise 11 Members and meet a minimum of 5 times a year. 

2)     Subject to approval of Recommendation 1 above, Article 6 of the Constitution and the Overview and Scrutiny Procedure Rules be amended as set out in Annexe 2.

3)     A Landlord Services Advisory Board be established under the Executive Working Group Protocol with Terms of Reference as set out in Annexe 3.

4)     That the terms of reference of the Standards Committee be amended as set out in Annexe 4; that the name of the Committee be amended to the Standards and General Purposes Committee; and the membership be amended to add three politically proportionate Substitutes.

5)     That the Executive Procedure Rules be amended as set out in paragraph 4.26 below, and the Executive Working Group Protocol as set out in Annexe 5 be adopted.

6)     That the Council Procedure Rule 21.1 be amended as set out in paragraph 4.27 to allow Members the choice of whether to stand or remain seated to address the Mayor at meetings of the Council.

7)     That in view of there being only two Overview and Scrutiny Committees, the Overview and Scrutiny Co-ordinating Board be abolished.

8)     That Part 3 Responsibility for Functions and Part 4 Executive Procedure Rules be amended as set out in Annexe 6.

9)     That the Council notes that if the changes at Recommendation 8 are agreed that any authority delegated by the Leader will be recorded for information in the Constitution and that whenever a new delegation is made, changed or retracted by the Leader that the Monitoring Officer will submit a report to the next available meeting of the Council for information.

10)  That authority be delegated to the Monitoring Officer to make the necessary changes to the Constitution arising from recommendations 1-8 above.