PURPOSE

1. To consider how the Standards Committee can contribute to a review of the Constitution.

BACKGROUND

2. The Comprehensive Performance Assessment concluded that:

“The Council was one of the first to introduce new political arrangements, well ahead of the statutory timetable. However, whilst the new political arrangements and senior managerial reforms have improved focus, the changes are still evolving. While some members hade adapted well to new functions, there is still a tendency to concentrate on the minutiae of operation. Focus is significantly hampered by the lack of a well developed corporate performance management system. Overall, weaknesses outweigh strengths in this area”.

The Corporate Improvement Plan calls for a review of the current constitutional arrangements for completion by November 2003.

3. The intention of the review is to improve the current constitution, where experience of its operation shows it can be enhanced, rather than a root and branch review. Work undertaken by the (then) Parliamentary Urban Affairs Select Committee recommends Councils do not focus too deeply on reviewing their structures but attempt to develop and make more productive the existing systems and processes.

4. The Constitution contains the following elements of particular relevance to the Standards Committee :

1. Article 9 – The Standards Committee

2. Protocol on Member/Officer Relations

3. Code of Practice for Councillors and Officers dealing with Planning Matters

4. Nolan Committee Standards in Public Life

5. Code of Practice for Members and Officers dealing with Licensing Matters

5. It is suggested that, with one exception, these parts of the Constitution are working well, with no issues having been raised with the Monitoring Officer in relation to them.

6. The exception is the Code of Practice on Planning Matters. At Full Council on 22 January 2003 the following motion was referred to the Development Control Committee for it to consider the current code of conduct for dealing with planning applications and to make any necessary recommendations to the Council :

"This Council reminds Officers that any advice they give Members - especially about their attendance at public meetings on Planning matters - must be positively even-handed.

Officers are asked to note that Members have a duty not only to be seen to be unprejudiced but also to be fully informed on such matters so they can properly discharge their constitutional role.

Unless renewed this Motion's effect is to lapse at the end of this Council's term."

7. Other parts of the constitution, of less direct relevance to the terms of reference of this Standards Committee are to be reviewed during the course of autumn 2003 as part of the Corporate Improvement Plan arising from the Comprehensive Performance Assessment.

8. It is proposed that once the Development Control Committee have considered this matter that the revised draft Code of Practice be considered by this Committee, at either it’s June or October meeting.

OPTIONS

9. That the Standards Committee may:

(i) Look in detail at one or more of the elements of the constitution set out in paragraph 4: or

(ii) Consider a revised draft Code of Practice for Councillors and Officers dealing with Planning Matters in due course.

RECOMMENDATIONS

10. Option (ii) is recommended.

Contact Point : John Lawson, F 823207

JOHN LAWSON

Monitoring Officer