Purpose

To consider the recommendations from the Constitution & Democratic Services Committee to update the Council's Constitution following its review of the Constitution.

Decision

That recommendation numbers 1, 3, 4, 8, 9, 11, 12, 14, 16, 20, 22, 23 and 25 as shown in the updated version shared with Members, and available on the Council’s website, were approved.

That recommendation numbers 7 and 10, as shown in the updated version shared with Members, and available on the Council’s website, were approved for amendment in the Constitution.

Number 2

That the Constitution be amended to reflect the following:

That an Overview and Scrutiny Committee will not be entitled to any part of a document that contains advice provided by a political advisor or assistant unless that information is relevant to an action or decision that is being reviewed or scrutinised or any review contained in a programme of work of the Committee or Sub-Committee

A log of refusals, grounds, and review outcomes should be reported periodically to the Constitution and Democratic Services Committee so that consistency and precedent can be monitored. 

Number 5

That the Constitution be amended to not permit substitutes for the Licensing Committee, bringing it in line with the Planning Committee.

Number 6

That the Constitution be amended to reflect the following:

That Whipping Declarations be clarified for Committees, such that they only:

          iv.       apply to Overview and Scrutiny Committees, or

v.       a Committee that is acting in a quasi-judicial manner, or

vi.       where the Committee is making evidence based decisions political policy aims should not be taken into account

Number 13

That the Constitution be amended to reflect the following:

(a)      Meetings should continue to have a start and finish time;

(b)      Each individual agenda item be allocated a time for discussion which is to be agreed by the Chair and the Democratic Services Manager;

(c)      Flintshire County Council meetings start at 10.30 am and finish at 5pm (extension beyond this time is subject to the Chair’s discretion); and

(d)      Any unfinished Member Questions or NOMs must be carried forward automatically and be given priority at the next Ordinary Meeting. Such business will not be subject to any further ballot or selection process and will count towards any limits on Items of Business that might exist such as those on NOMs and Questions.

Number 15

Deferred to the next meeting.      

Number 17

That the Constitution be amended to reflect the following:

(a)      That if the Cabinet Member to whom a question is directed (public or Member), then they can either nominate another Cabinet Member, the Leader or the Deputy Leader to answer the question in their place; and

(b)      Where the responsible Cabinet Member is unavailable, the questioner may choose either to receive an answer from a properly briefed substitute or to defer the question to the next meeting.  Any matter the substitute cannot answer must receive a written response from the responsible Cabinet Member before the next ordinary meeting of County Council.

Number 18

That the Constitution be amended as follows:

(e)      A motion to remove the Leader cannot be moved unless the notice of motion is signed by a number of Councillors which is at least equivalent to 25% of the total number of Councillors on the Council;

(f)       In order for such a motion to be carried it must have the support of a majority of those Members voting and present in the room at the time the question was put; and

(g)      A motion to remove the Leader cannot be moved more than once in any rolling 6-month period, except in the case where the notice of motion is signed by a number of Councillors which is at least equivalent to 50% of the total number of Councillors on the Council.

Number 19

That number 19 be referred back to Constitution and Democratic Services Committee.

Number 21

That Section 11 of the Constitution be amended to include the requirement that the Mover of a Motion on Notice be included on the papers.  They will then be asked to formally Move the item when it is the appropriate point in the meeting.

Number 24

That the Constitution be amended as follows:

(g)      A limit of 3 Motions be permitted to be debated at an ordinary Council meeting

(h)      The maximum length of time for the item to debate all Motions is 90 minutes

(i)       If there are more than 3 Motions submitted to a meeting then lots are drawn to decide which 3 go forward to the meeting and to set the order they will be considered in

(j)       Motions not selected for inclusion at the meeting can, at the request of the Proposer be submitted to the next Council meeting.  These would go through the same selection process as (a) through to (c) in the Constitution

(k)      All Motions submitted for the meeting would be published but not debated

(l)       The process will be reviewed annually.

The order in which Motions appear are drawn by lots.

Number 26

That Section 9.7 of the Constitution be amended to read “Questions at Committees be replicated as the process for dealing with questions at each Committee”.

Number 27

That the Constitution be amended as follows:

That the threshold to hold a secret ballot be amended in the Constitution to be 50% of those Members of the Council present at the meeting.  The same percentage threshold would apply to a request for a secret ballot at a Committee.

Councillor Richard Jones referred to a document that had been sent to all Members on a proposal for Chairs of Committees.  This would be submitted to the next meeting of County Council.