PAPER B

REASON FOR CONSIDERATION

To identify areas within the Council Constitution that require amendment in the light of experience.

BACKGROUND

A number of issues have been highlighted during the past year where consideration needs to be given to amending, or clarifying, those parts of the Constitution which relate to the workings of Select Committees.

The CPA Improvement Plan includes as part of the of modernisation of political structures and processes a review of the Council’s Constitution. The Co-ordinating Committee will therefore feed into the overall review being undertaken by the Head of Legal and Democratic Services.

Number of members on Select Committees

At the last meeting of the Co-ordinating Committee reference was made to the size of Select Committees and whether this should be proportional to the remit of each Select Committee. At present each Select Committee consists of 12 elected members. Does the Co-ordinating Committee want details of a range of options and the effect on political proportionality brought to the next meeting so a way forward can be reached.

Additionally the Chairman and Vice Chairman of the Council are currently non voting members of all Select Committees. This ex-offico status goes back to the traditional style Committee before modernisation. If this facility was removed from the Constitution it will not prevent those holding the two positions from being a named member on any of the Select Committees in accordance with the wishes of the relevant political group.

Joint meetings of Select Committees

There is no provision within the Constitution for two Select Committees to formally meet to discuss a topic of mutal interest. Attempts have been made in the past to hold joint meetings on an informal basis. The Constitution provides for the Co-ordinating Committee to determine which Select Committee would assume responsibility for an item that falls within the remit of several Select Committees.

Is the Co-ordinating Committee happy to continue to act as the broker for such issues or should there be provision within the Constitution for joint formal meetings of Select Committees.

Call-In

Although there have only been four Call-Ins there is a need to review the arrangements connected with this. The Procedure Rules indicate that where a matter is Called-In then the Select Committee must meet within 5 working days of such notice being received. It has been difficult to make all the necessary arrangements for special meetings to take place. The difficulties primarily relate to the timescale involved and the need to ensure that all relevant members and officers are able to attend, updated information can be obtained and adequate notice given to the public and press.

Any extension in the time between the Call-In notice being submitted and the meeting of the Select Committee should not be seen as a method of delaying implementation of a decision but an attempt to ensure that the all the appropriate people and facts are available to the Select Committee to assist in its deliberations. I would suggest a maximum period of 10 working days would be more appropriate.

There are a number of other organisational matter that require amendment such as the special meeting only having the Call-In item on the agenda. There would be no minutes of the previous meeting, urgent business or question time. This would be similar to the procedure adopted within the Constitution for extraordinary meetings of full Council. To assist in the Call-In process it is also suggested that a special form be introduced that would clearly state the reasons for such action and what the signatories expect as an outcome.

Remit of Select Committees

There are 3 issues that require the attention of the Co-ordinating Committee.

The first concerns rights of way. In the original modernised arrangements trialed by the Council between April 2000 and April 2001 rights of way were dealt with by the Environment and Transport Select Committee. When the Constitution was approved by Council in April 2001 the remit for rights of way was moved to Economic Development, Tourism, Planning and Leisure Services Select Committee. The Environment and Transport Select Committee, at its Awayday earlier this year, believed that rights of way formed an integral part of the highway network and featured within the Local Transport Plan. The Select Committee believed that to enable highway schemes to be viewed in the overall context it was necessary for rights of way to come back within its remit.

The second matter relates to the Social Inclusion Strategy. This is within the remit of the Education, Community Development and Lifelong Learning Select Committee. The Strategy is cross cutting and when the Select Committee considered a progress report on its implementation queried whether it was in the best position to monitor delivery.

The last issue is the scrutiny of Health. When this was added to the remit of the Social Service, Housing and Benefits Select Committee it was on the basis of a review after six months. Has the Co-ordinating Committee any views on the current arrangements which necessitate any change at the present time.

Question Time

Whilst I am aware of recent public debate over question time at full Council I would invite the Co-ordinating Committee to review this element of the Select Committee Procedure Rules. Experience has shown that at times the question is more for the Portfolio Holder than the Select Committee. Also some questions from members could more readily be asked of officers outside the meeting environment.

RELEVANT PLANS, POLICIES, STRATEGIES AND PERFORMANCE INDICATORS

The Council’s Constitution and the CPA Improvement Plan.

CONSULTATION PROCESS

Any changes to the Constitution will need to be approved by the full Council after consideration by the Monitoring Officer in accordance with Article 13.

FINANCIAL, LEGAL, CRIME AND DISORDER IMPLICATIONS

There should be no direct financial implication involved in any foreseeable amendments to the Constitution. The Monitoring Officer will need to ensure that any changes accord with current legislation.

APPENDICES ATTACHED

Appendix 1 - Select Committee Procedure Rules.

Appendix 2 - Remit, functions and role of Select Committees (Article 6)

Appendix 3 - Call-In Procedures

Appendix 4 - Co-ordinating Committee Procedure Rules

BACKGROUND PAPERS USED IN THE PREPARATION OF THIS REPORT

Council Constitution

Contact Point : Paul Thistlewood, ☎ 823285 e-mail [email protected]

                                                                              ALISTAIR DRAIN

                                                    Head of Select Committee and Best Value Support