Agenda

July 15, 2024 View on council website Watch video of meeting
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Summary

The committee agreed to allow the council to use electronic signatures for contracts, and to change the way the council manages replies to motions during council meetings. The committee rejected two amendments put forward by the opposition Conservative group and approved the rest of the proposals put forward by the Labour Group.

Proposed changes to Article 14

The committee unanimously approved the proposals to allow the council to use electronic methods to sign documents, instead of using the council's common seal.

The council's Assistant Chief Executive, Jon Evans, said that this would save time and money. He pointed out that of the five councils that make up the South London Legal Partnership1, Wandsworth is the only one that still uses the common seal.

Proposed Changes to Article 15

The committee voted to approve proposals to remove the duty of the General Purposes Committee to scrutinise changes to the council’s constitution2 before they are considered by the full council. Instead, this duty will be given to the council’s Head of Paid Service and the Monitoring Officer.

The opposition Conservative group proposed an amendment that would have kept the existing system in place until the council had agreed to an alternative procedure for scrutinising changes to the constitution.

Councillor Peter Graham, speaking for the Conservative group, said that they were not opposed to changing the constitution but that they wanted to ensure that there was proper scrutiny of the process. He argued that the executive, the part of the council responsible for making decisions, should not be able to dictate the rules of the game.

“It's like saying that we're going to revise things in the House of Commons, and instead of having public bill committees, we'll give them to a subcommittee of the cabinet. That is the abuse of the separation of powers that you would put forward if you allow that to happen.”

The Labour group’s Chief Whip3, Councillor Sara Apps, said that the proposal would not prevent the opposition from scrutinising changes to the constitution. She said that they would be able to co-produce proposals and that they would always have the opportunity to object to proposals at full council. She said:

“We're giving the opportunity to co-produce proposals, giving a strengthening hand. The fact is that in Richmond and many other councils, there are informal arrangements. We're not talking about not having arrangements. We're talking about changing them so that they're in a less formal setting, which we think, to be frank, given, as I said earlier, the less more heat than light, we think it would be good to have proper constructive positive discussions rather than create an adversarial position.”

The Conservative group’s amendment was defeated by six votes to five.

Proposed Changes to Part 3, Appendix B

The committee voted to approve proposals to remove the Finance Overview and Scrutiny Committee's role in scrutinising changes to the council’s standing orders and procurement regulations. The Finance Overview and Scrutiny Committee will continue to scrutinise matters relating to the purchase of goods, services, materials, and equipment.

Councillor Graham asked whether this change was lawful, arguing that the Local Government Act 20004 only allows Overview and Scrutiny Committees to have functions that are related to scrutiny. He said that the Finance Overview and Scrutiny Committee would still have to scrutinise standing orders and procurement regulations because they are not allocated to any other committee.

Mr Abjis Choudhry, the council's director of law and governance, responded that the change was intended to align the terms of reference for the Finance Overview and Scrutiny Committee with the proposed changes to Article 15.

The Conservative group voted against this proposal, but it was approved by the Labour majority.

Proposed changes to Standing Order 11

The committee voted to approve proposals that require members to submit questions to full council meetings five working days in advance, instead of the current two working days.

Councillor Graham proposed an amendment that would have kept the two-day deadline in place for Overview and Scrutiny Committees that meet in the week before the full council meeting. He argued that this change, which shortens the amount of time available to scrutinise the administration, is unnecessary and was resisted by the Conservative group when they were in power. He said that it was designed to give the opposition sufficient time to scrutinise the administration.

Councillor Apps, responding to this argument, said that the five-day deadline was still generous and was necessary to ensure that the administration had enough time to provide good answers to questions. She said that the Conservative group could use supplementary questions to raise additional points. She said:

“We need good answers to questions, not just good questions. And the current time limit is unreasonable if I may say so. We've got a lot to do in this council. We've got important business to get done and we do not think it's a reasonable deadline.”

The Conservative group’s amendment was defeated by six votes to five.

Proposed Changes to Petitions

The committee voted unanimously to approve proposals to align the way in which petitions are presented at full council meetings to the process for other petitions.

Proposed Change to the Exercise of a Right of Reply

The committee voted to approve proposals that give the Mayor of Wandsworth the discretion to refuse a request to exercise a right of reply to close a debate where they consider that the motion has been adequately debated.

Councillor Graham asked why this proposal had been brought forward. He said that it was not mentioned in the Centre for Governance and Scrutiny’s report and that it seemed to be a response to the opposition using their right of reply.

Councillor Apps responded that the Labour group had considered abolishing the right of reply entirely, but decided that it could be useful. She said that the change was necessary to ensure that debates were managed effectively and that no single voice was allowed to dominate. She said that:

“I do not think it's appropriate for members to stand up and make points of reply when almost everyone except for themselves does not wish them to do so and wants to hear other voices within the Council. So it's a matter of making sure that we manage debate and that debate is moved forward and we hear from a diverse number of Councillors and that no single voices are allowed to dominate.”

Proposed Changes to Standing Order 27, and 28

The committee voted to approve proposals to reform the way in which motions to adjourn debates and council meetings are handled.

Councillor Matthew Corner asked what guidance would be given to the mayor on what constitutes a ‘matter of local interest’ under the proposed new Standing Order 39. He was concerned that the new rule could be used to prevent the opposition from raising important issues.

Mr Choudhry responded that the guidance would be the same as that for on-notice motions. He said that members would have to demonstrate that the issue is relevant to their ward or otherwise relates to the business of the council.

Councillor Grimston proposed an amendment to the proposed new Standing Order 39 to replace the phrase ‘matters of local interest’ with ‘matters of local and topical interest’. This amendment was approved by the committee.

Councillor Graham proposed a further amendment to the proposed changes to Standing Orders 27, 28 and 39 that would have kept the existing system in place for adjournments, but would have required them to be taken at the end of the meeting. His amendment would also have removed the requirement for prior notice of motions on matters of local and topical interest.

Councillor Graham said that the proposed changes would make it more difficult for the opposition to hold the executive to account. He said that:

“What we're doing is instead of ... a cabinet member having to know their brief and having to stand up on the spot and answer to anything that they could get challenged on, which was the case for all of our cabinet members for decades, they will have written notice and be able to read out a scripted response. But more to the point, when they read out that scripted response, they will not have to take a stance. They can sit back down and there will then be no vote. So there will be no way to hold the executive to a position on those issues. It removes the vote and it gives advance notice.”

This amendment was defeated by six votes to five.

Proposed changes to Standing Order 58

The committee voted to approve proposals to require wider support to convene special meetings of committees. Under the new rules, special meetings will only be able to be requisitioned if the request is supported by members from more than one political group.

Councillor Graham said that this change was a response to the Conservative group using their power to requisition a special meeting in the last two years. He said that the change was unnecessary and that there was no other council that had a similar restriction.

Councillor Apps said that the current arrangements made it too easy for members to requisition special meetings. She said that the change would help to reduce the number of unnecessary meetings.

Councillor Grimston asked why the wording of the proposed changes was different for the Standards Committee to other committees. He asked if this was because the Standards Committee has an independent member. He also asked whether the proposed changes would apply to parent governors and religious governors on the Education Overview and Scrutiny Committee.

Mr Choudhry responded that parent governors and religious governors are not full members of Overview and Scrutiny Committees and therefore cannot form groups. He said that the wording of the proposed changes was different for the Standards Committee because it is a smaller committee than other committees.

Proposed changes to Standing Order 9 and 81

The committee voted to approve proposals to remove the requirement for documents to which the common seal has been affixed to be reported to the full council.

Councillor Graham asked why this record was being removed and whether it would still be available to the public.

Mr Choudhry responded that the record would still be kept and would be made available to members and the public. He said that the change was simply to remove the report from the agenda of full council meetings.


  1. The South London Legal Partnership provides legal advice and representation for five London boroughs: Merton, Richmond upon Thames, Sutton, Wandsworth, and Kingston upon Thames. 

  2. The constitution of a council is a document that sets out how it operates, including its rules, procedures, and powers. 

  3. The Chief Whip is responsible for ensuring party discipline, making sure that councillors vote in accordance with party policy. 

  4. The Local Government Act 2000 is the law that introduced the executive-scrutiny model of local government in England and Wales.