Agenda item

To consider amendments to the Council’s Constitution

Full Council were requested to consider potential amendments to the Council’s Constitution.

The suggested amendments covered three areas: - · Substitute Allocations · Start time of Full Council Meetings · Presentation of Planning reports.

The Constitutional Working Group had received a copy of the draft Constitutional Amendments at its meeting held on 23rd August 2021 and were invited to comment. The Group endorsed the Rules for formal discussion by the Democracy and Standards Committee and recommended approval. The Democracy and Standards Committee considered these items at its meeting of 16th September 2021. Following discussion, the Committee agreed for these recommendations to be forwarded to Council for determination.

With regard to Substitute Allocations as detailed in Appendix A, currently there was no clear guidance relating to the substitute arrangements for all of the Council’s committees. The purpose of the proposal was to ensure this guidance was put in place. This would assist recognised political groups in knowing what nominations were required and assist in the arrangements for Annual Council in the number of positions which needed to be filled. The Committee were recommending support for this proposal.

With regard to the Start Time of Full Council Meetings as detailed in Appendix B, it was suggested that the normal start time of Full Council meetings was moved from 7:00 pm to 2:00 pm with the Full Council Budget meeting starting at 10:00 am. Some concern was expressed by members in discussion that bringing the start time of Full Council meetings forward may create difficulties for some councillors, however it was noted that Full Council meetings were infrequent, that Full Council meetings that may run late into the evening created issues for some councillors, that the proposed start time still allowed for work etc in the mornings, and that councillors were allowed in some circumstances time off from work for public duties. Following debate, the Committee were recommending that the start time be brought forward but be subject to review prior to Annual Council 2022.

With regard to the Procedures for speaking at planning committees the Committee considered the normal order of speakers at Planning committee meetings. Some concern was expressed regarding the inability within the existing procedure rules for the Planning Officer presenting a report to address issues raised by public speakers. It was agreed that it was important for Planning Officers to present their reports to Committee, including the provision of any relevant update information. This information would also be of interest to public speakers ahead of them being called by the Chair to address Committee. It was also felt important that the Planning Officer had the ability to address Committee following all public contributions. In order to clarify the procedure, it was being suggested that the existing 2.2 of the procedure be amended to read: - “For each item, the Committee Chair will introduce the item and ask the Planning Officer to present their report and any updates. The Chair will then call any registered speakers to present their comments to the Committee.” The order of speakers under 2.3 of the Procedure would be unamended and continue as written and would allow the Planning Officer to summate under 2.3.e.

Councillor Lora Lawman introduced the report and the rationale behind each of the three recommendations.

In relation to the proposals on substitute arrangements, Councillor Lawman explained that currently the Constitution included provision for some committees in relation to the number of substitute positions available but was silent with respect to others. The suggested amendment would provide consistency.

In relation to the proposal to bring forward the start time of Full Council meetings, Councillor Lawman explained there had been significant debate at Committee regarding this proposal. Concerns had been raised that it may cause problems for those who worked daytime shifts or had caring commitments. Overall, it was felt that given the potential length of meetings and the significant matters for debate at Full Council, allowing an earlier start time would be preferrable. It was also being suggested that the Full Council Budget meeting held in February each year commence at 10:00 am.

The Committee having acknowledged concerns raised agreed to recommend that the next three Full Council meetings commence at 2:00 pm, and that the level of public participation and attendance be monitored. Following review, a decision relating to a permanent start time would be made. In addition, Councillor Lawman whilst introducing the report moved from the floor, that the usual day of Full Council meetings be Thursday, a proposal seconded by Councillor Harrison. Councillor Lawman acknowledged that the Chair’s prerogative to vary the date and time of Council meetings as stated in the Constitution remained unamended.

Several councillors in debate raised concern that moving the start time of Full Council meetings to 2:00 pm may adversely impact both public participation and public attendance. In addition, there were concerns expressed that those councillors currently in fulltime employment or with caring commitments may struggle to attend daytime meetings.

A Motion Without Notice to recommendation (b) within the report was MOVED by Councillor Jim Hakewill and SECONDED by Councillor Tubbs. The amendment proposed that the decision relating to start times of Full Council meetings be deferred, and that the Scrutiny Commission be requested to consider this matter, consider options, and look at best practice elsewhere. The Commission would be requested to forward proposals back to Full Council for determination. The amendment was debated by Council. A recorded vote on the amendment was requested.

Those voting FOR the amendment: - Councillors Addison, Anslow, Armour, Binley, S Brown, L Buckingham, L Buckingham, Colquhoun, Currall, Dalziel, Dell, Fedorowyyz, Griffiths, Hakewill, Irwin, Keane, Lee, McEwan, J McGhee, Z McGhee, Pengelly, Prentice, Rielly, Sims and Tubbs.

Those voting AGAINST the amendment: - Bone, D Brackenbury, W Brackenbury, Bunday, Dearing, Edwards, Ekins, Hallam, Harrington, H Harrison, K Harrison, Henson, Howell, Howes, Jelley, B Jenney, D Jenney, G Lawman, L Lawman, Levell, Marks, Maxwell, A Mercer, G Mercer, Nichol, Pandey, Pentland, Powell, Roberts, Rowley, Smithers, Smith-Haynes, Tye, Waters, Wetherill, and Wilkes.

Those ABSTAINING: - Bell, Carter, Jackson, Lawal, Partridge-Underwood and Tebbutt.

The amendment fell and discussion on the report’s recommendations (as amended) continued.

Councillor Wilkes reminded the Council that the change in start time was for a trial period only and would be reviewed for 2022/23. Councillor Kirk Harrison agreed that it was important that the trial period be allowed to run with a review by Annual Council 2022.

Councillor Helen Harrison reminded Council that the proposal to move the start time of Full Council meetings (subject to review) was agreed by both the cross-party working group and the cross-party Democracy and Standards Committee.

Councillor Ekins felt it was important to remember a number of people worked in the evening and/or worked shifts. Trialling an earlier start time would provide some benefit and give the Council an ability to compare take-up rates for public attendance and participation.

Councillor S Brown felt that overall, a move to an earlier meeting start time would be detrimental, as the majority of workers worked during the day.

Councillor Dalziel raised concern, as a working councillor, as to whether she would be able to gain time off work to attend. Some employers were reluctant to release staff.

Councillor Maxwell felt, which ever start time was agreed, councillors needed to show commitment to their local residents by attending.

Councillor Pengelly queried how it was going to be reviewed following the next few Full Council meetings.

In summation, Councillor Lora Lawman felt that it was important that Council monitor the level of public participation and attendance during the trial period. Starting earlier in the day would allow for more considered, healthy debate without fatigue setting-in or debate being rushed.

Councillor Lora Lawman MOVED the recommendations (as amended) within the report; Councillor Gill Mercer SECONDED the recommendations.

RESOLVED that: -

(i)            The proposals in Appendix A (Substitute Allocations) be approved;

(ii)           The proposals in Appendix B (Start Time of Full Council Meetings) be approved, including the amendment that Full Council meetings would normally be held on a Thursday; and

(iii)          That amendment to Part 2 Procedures for speaking at planning committees be approved, in that under 2.2 add “…their report and…” be inserted after the words “…the Planning Officer to present…”.