Agenda item

(a)   Report of the Chairman of the Overview and Scrutiny Committee;

 

(b)   Reports of the Overview and Scrutiny Committee (if any); and

 

(c)   Reports of Overview and Scrutiny Panels:

 

(i)                  Constitution and Member Services Scrutiny Panel – Appointments at Annual Council – Review;

(ii)                Constitution and Member Services Scrutiny Panel – Access to Information Rules;

(iii)               Constitution and Member Services Scrutiny Panel – Questions – Periods of Notice and Related Matters.

(a)        Report of the Chairman of the Overview and Scrutiny Committee

 

The Council received a written report from Councillor Morgan, the Chairman of the Overview and Scrutiny Committee.

 

(b)       Reports of the Overview and Scrutiny Committee

 

The Chairman announced that there were no reports to be considered under this item.

 

(c)        Reports of Overview and Scrutiny Panels

 

(i)         Report of Constitution and Member Services Scrutiny Standing Panel ? Appointments at Annual Council – Review

 

Mover:  Councillor Sartin, Chairman of the Panel

 

Councillor Sartin presented a report of the Panel following a review of the operation of the Appointments Panel process prior to the Annual Council meeting.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

(1)        That the continued successful operation of the Appointments Panel be noted;

 

            (2)        That the following changes be made to the Constitution:

 

(a)        the revocation of the protocol of the allocation of Chairmanships and Vice-Chairmanships and Outside Organisation Places in favour of measures (b) and (c) below;

 

(b)        the formal inclusion of the Terms of Reference of the Appointments Panel in the “Responsibility for Functions” section of the Constitution and Responsibility for Council Functions table in Part 3 of the Constitution as set out in Appendix 1 to the report of the Scrutiny Panel;

 

(c)        consequential amendments for the Council Procedure Rules section 1 to reflect the report of the Appointments Panel directly to the Annual Council meeting covering those matters set out in its Terms of Reference;  and

 

(d)        authorisation for the Assistant to the Chief Executive to make the consequential amendments to the Council Constitution set out above;  and

 

(3)        That 9 and 14 May (reserved date) 2013 be approved as the date(s) for the Appointments Panel for 2013 and thereafter the dates be set as part of the annual calendar of meetings subject to the last Panel meeting being held at least seven days before the Annual Council meeting each year.

 

(ii)        Report of the Constitution and Member Services Scrutiny Standing Panel – Access to Information Rules

 

Mover: Councillor Sartin, Chairman of the Panel

 

Councillor Sartin presented a report following consideration by the Panel of new regulations concerning Access to Information/Meetings for Local Authority Executives.

 

Report as first moved ADOPTED

 

            RESOLVED:

 

(1)        That the revised Access to Information Rules attached to the report of the Scrutiny Panel be approved and published in the Constitution;  and

 

(2)        That the Assistant to the Chief Executive be appointed as Proper Officer in respect of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 in conjunction with his existing delegation in respect of the Access to Information Act 1985.

 

(iii)       Report of the Constitution and Member Services Scrutiny Standing

Panel – Questions – Periods of Notice and Related Matters

 

Mover:  Councillor Sartin, Chairman of the Panel

 

Councillor Sartin presented a report of the Panel following consideration of the deadlines for submission of questions by members of the public and councillors at Council and Cabinet meetings.

 

Amendment moved by Councillor Stallan and seconded by Councillor J M Whitehouse

 

“That the words “and recorded in the minutes of the meeting” be inserted after the words “Council Bulletin” in recommendation (1)(f)”.

 

Following a debate, Councillor Stallan with the consent of Councillor J M Whitehouse withdrew the proposed amendment.

 

Second amendment proposed by Councillor Stallan and seconded by Councillor J M Whitehouse

 

“That recommendation (1)(f) be amended to read:

 

“That, in future, where the member of the public asking a question is not in attendance at the relevant meeting a reply be sent in writing by letter or by e-mail, published in the Council Bulletin and recorded in the minutes of the meeting”.

 

Carried

 

Report as amended ADOPTED

 

            RESOLVED:

 

            (1)        That the following changes be made in respect of questions under notice by Councillors and the public at Council and Cabinet meetings:

 

            Questions under Notice from Councillors at Council meetings

 

            (a)        That Council Procedure Rule 12.3 (a) be amended by deleting the words “at least seven working days before the meeting” and substituting “at least four working days before the meeting”;

 

Questions under Notice from Members of the Public at Council meetings

 

(b)        That Council Procedure Rule 11.3 be amended by deleting “no later than mid day seven working days before the meeting” and substituting “at least four working days before the meeting”;

 

Questions under Notice from Members of the Public at Cabinet Meetings

 

(c)        That, pursuant to Paragraph 2.2 (ix) of the Executive Procedure Rules, the deadline for submission of public questions at Cabinet meetings be amended by deleting “by 4.00 p.m. on the day of the Cabinet meeting” and substituting “at least four working days before the Cabinet meeting”;

 

(d)        That, in future, members of the public be required to provide the full text of their question by the deadline and not merely an indication of the subject matter as at present;

 

(e)        That the current limitation of one questioner per subject at Cabinet meetings be rescinded but the limit of two questions per member of the public be retained;

 

All questions by members of the public (Council and Cabinet meetings)

 

(f)         That, in future where the member of the public asking a question is not in attendance at the relevant meeting a reply be sent in writing by letter or by e-mail, published in the Council Bulletin and recorded in the minutes of the meeting;

 

All questions by the public or Councillors at Council meetings

 

(g)        That, in future, written copies of questions and answers be supplied only to the Portfolio Holder and the questioner;

 

(h)        That the order of questions at Council meetings be amended to the following:

 

(i)         Public Questions;

 

(ii)        Questions under notice by Councillors;

 

(iii)       Questions on Portfolio Holder reports by Councillors;

 

(iv)       Questions by Councillors without notice to Portfolio Holders;

 

(2)        That these proposals be reviewed after one year;  and

 

(3)        That, the Assistant to the Chief Executive be authorised to make the appropriate amendments to the Council’s Constitution.