Constitutional Review Committee - Tuesday, 28th May, 2024 7.00 pm

May 28, 2024 View on council website  Watch video of meeting or read trancript  Watch video of meeting or read trancript
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Summary

The meeting focused on reviewing and amending the council's constitution to address various procedural issues. Key topics included the delegation of authority for urgent decisions, the publication of decision notices, and the work program for the Constitutional Review Committee.

Delegation of Authority for Urgent Decisions

Ingrid Brown presented a report to address an anomaly in the council's constitution. Part 4 of the constitution outlines the procedure for urgent decisions, but Part 3 lacks delegated authority for anyone to take such decisions. Brown proposed amendments to remedy this, including consultation with the chair of the council and the vice-chair, or in their absence, the chair of the overview and scrutiny panel. The amendments were approved after a discussion on their infrequent use and the practical steps involved.

Publication of Decision Notices

Ingrid Brown also presented a report to ensure compliance with the Local Authorities Executive Arrangements, Meetings, and Access to Information Regulations. The current constitution specifies the publication of decision notices for executive key decisions but not for non-key decisions. Brown proposed that decision notices should be published for all executive decisions involving expenditure between £140,000 and £250,000, or those that are controversial or politically sensitive. The proposal was approved after addressing a minor error in the report.

Work Program for the Constitutional Review Committee

Mr. Hughes introduced the work program for the committee, outlining the topics to be discussed in future meetings. These include questions at meetings, speech lengths, minuting of voting, the motions process, and rules of debate. Members were invited to suggest additional topics, which led to a discussion on various procedural issues such as the rules around petitions, the possibility of joint leaders for political groups, and the number of steps required for constitutional changes.

Additional Topics Suggested

  • Petitions: Councillor Scobey suggested reviewing what happens to petitions between meetings to ensure timely responses.
  • Speech Length Overruns: Councillor Scobey also raised the issue of chair's discretion on speeches that overrun, particularly in time-limited debates.
  • Licensing Substitutes: Councillor Curry proposed increasing the number of members on the licensing subcommittee from three to five.
  • Joint Leaders for Political Groups: Councillor Austin suggested exploring the possibility of allowing joint leaders for political groups, citing Runnymede Borough Council as an example.

The meeting concluded with the approval of the proposed work program and the additional topics suggested by the members. The meeting of the Constitutional Review Committee focused on several key issues, including amendments to the council's constitution, the recording of decisions, and the committee's work programme. The committee also discussed the need for clearer rules on petitions and speech lengths during meetings.

Amendments to the Constitution

Ingrid Brown presented a report to address an anomaly in the constitution regarding the delegation of authority for urgent decisions. The current constitution lacks provisions in part 3 for anyone to take urgent decisions, although part 4 outlines the procedure for such decisions. Brown proposed amendments to include the chair of the overview and scrutiny panel in the decision-making process. This proposal was discussed and approved by the committee.

Recording of Executive and Non-Executive Decisions

Ingrid Brown also presented a report on the need to publish decision notices for both executive and non-executive decisions. The current constitution only specifies the publication of decision notices for executive key decisions. Brown proposed that decisions incurring expenditure between £140,000 and £250,000, those delegated to officers, and those that are controversial or politically sensitive should also require published decision notices. This proposal was discussed and approved by the committee.

Committee Work Programme

Mr. Hughes introduced the committee's work programme, which includes a list of topics to be discussed in future meetings. Councillors were encouraged to suggest additional items for the work programme. Councillor Austin suggested reviewing the rules around petitions and the possibility of having joint leaders for political groups. Councillor Scobey suggested reviewing the rules on speech lengths and the chair's discretion during debates. These suggestions were noted and will be added to the work programme.

Other Discussions

  • Councillor Osteen raised a concern about the minutes of the previous meeting, specifically regarding the discussion on officer workload and response times. This issue will be noted in the current set of minutes.
  • Councillor Curry discussed the possibility of increasing the number of members on the licensing subcommittee from three to five. This will be reviewed to see if it requires a constitutional amendment.
  • Councillor Everett questioned the legality of having joint leaders for a council, which will be investigated further.

The meeting concluded with the committee agreeing on the proposed amendments and additions to the work programme.