Agenda item

(Chairman of the Constitution Working Group) To consider the attached report recommending that the Constitution be amended as detailed in the report.

Councillor S Rackham, Chairman of the Constitution Working Group

Councillor S Rackham advised that at the Constitution Working Group meeting on the 2 September 2021 they covered the regulations governing the publication of the Council’s Statement of Accounts that had changed with the deadline being brought forward by 2 months to the 30 September 2021. Currently the Audit and Governance Committee considered the Statement of Accounts and the report of the external auditors before referring this to Full Council.

The Constitution Working Group recommended:

(1)   That the Constitution be amended to give the Audit and Governance Committee delegated authority to approve the Council’s Annual Statement of Accounts with effect from the 2020/21 financial year; and

(2)   That the Monitoring Officer be authorised to make the necessary revisions to the Council’s Constitution.

Councillor S Rackham also advised that the Constitution Working Group recommended the decision taken by the Cabinet Committee at its meeting on the 3 December 2020 (Report ref: C-045-2020/21). The Cabinet agreed the updated Procurement Strategy for 2021-2026, which came into effect on the 1 January 2021, this had been updated to reflect how Procurement supported the delivery of the Council’s Corporate Objectives and the Covid-19 recovery plan.

The Constitution Working Group recommended:

(1)   That the updated Procurement Rules amended in August 2021, as set out in the report be agreed; and

(2)   That the Monitoring Officer be authorised to make the necessary revisions to the Council’s Constitution, Part 4 – Procurement Rules.

Councillor J Philip stated that it made sense for the Audit and Governance Committee to be given delegated authority to approve the Council’s Annual Statement of Accounts and if they felt there was something of sufficient concern with the Council’s Annual Statement of Accounts then they could still refer them back to Full Council.

Councillor J H Whitehouse stated that at the Constitution Working Group meeting she did express some reservations regarding giving delegated authority to the Audit and Governance Committee to approve the Council’s Annual Statement of Accounts as they were only a small committee and when that report came to Full Council it alerted all members. Councillor Philip had given assurance that it would be brought to the attention of Full Council, although would not be debated and I would ask him to repeat these assurances for members.

Councillor J Philip stated that he was happy to repeat the assurances and that it would be flagged in the Members Bulletin when the Annual Statement of Accounts would be going to the Audit and Governance Committee to be approved so that all members would be aware.

Councillor J M Whitehouse stated that he could see the practical advantages of the accounts going to the Audit and Governance Committee and thought that this was something all Councillors should take an interest in. He referred to page 98 of the agenda which had been added to the Terms of Refrence of the Audit and Governance Committee which read:

(r)        to review and adopt the Statutory Statement of Accounts (yearly). Specifically, to consider whether appropriate accounting policies have been followed and whether there are concerns arising from the financial statements or from the audit. that need to be brought to the attention of the Council;

Councillor Whitehouse expressed concern about the deleted part which read:

 ‘that need to be brought to the attention of the Council;’

and as discussed earlier, Councillor Philip stated that if there were any concerns from the Audit and Governance Committee regarding the Annual Statement of Accounts, they could be referred to Full Council and therefore he suggested that the deleted line should remain in the Terms of Reference.

Councillor J Philp stated that he was happy for those words to be removed as it didn’t restrict the Audit and Governance Committee bringing anything to Full Council that they believe the Council needs to be aware of. Keeping the Annual Statement of Accounts firmly within the Audit and Governance Committee was the right thing to do and it was discussed in depth at the Constitution Working Group and this was their recommendation.

            RESOLVED:

That the recommendations of the Constitution Working Group as set out below be agreed:

(1)   That the Constitution be amended to give the Audit and Governance Committee delegated authority to approve the Council’s Annual Statement of Accounts with effect from the 2020/21 financial year;

(2)   That the Monitoring Officer be authorised to make the necessary revisions to the Council’s Constitution;

(3)   That the updated Procurement Rules amended in August 2021, as set out in the report be agreed; and

(4)   That the Monitoring Officer be authorised to make the necessary revisions to the Council’s Constitution, Part 4 – Procurement Rules.