The London Borough of Harrow Council's Constitution was scheduled for discussion at this meeting. The Constitution outlines how the Council operates, makes decisions, and ensures transparency and accountability. The report pack provided to attendees detailed the various articles, rules, codes, and protocols that govern the Council's governance and operational procedures.

The Council's Constitution

The primary focus of the meeting was the comprehensive review and potential amendment of the London Borough of Harrow's Constitution. This foundational document dictates the operational framework of the Council, detailing how it functions, makes decisions, and ensures accountability to its residents. The Constitution is divided into seven articles, with further detailed procedures, codes of practice, and protocols outlined in subsequent sections.

Part 1: Summary and Explanation

This section of the Constitution was scheduled for discussion, providing an overview of how the Council operates. It outlines that the Council is composed of 55 councillors, elected every four years, who are democratically accountable to their wards. The document emphasizes the councillors' duty to the entire community and their role in balancing constituent interests with broader council policies. It also details the processes for public participation in Council meetings, including the presentation of petitions and the asking of questions.

Part 2: Articles of the Constitution

The meeting was set to cover the seven articles that form the core of the Constitution:

• Article 1: The Constitution: This article confirms the Authority's commitment to acting within the law and the Constitution, and outlines the processes for monitoring, reviewing, amending, and publishing the Constitution.
• Article 2: Members and the Council: This article details the election of councillors, their terms of office, and their key roles and functions, including representing communities, encouraging participation, and maintaining high standards of conduct. It also outlines councillors' rights and duties regarding access to information and confidentiality.
• Article 3: The Full Council: This article defines the functions reserved for the full Council, including approving the policy framework and annual budget, regulatory functions (planning, licensing, health and safety), constitutional and quasi-legislative functions, and holding the Executive to account.
• Article 4: The Mayor: This article describes the appointment and role of the Mayor, including their ceremonial duties as First Citizen of the Borough and their responsibilities in chairing Council meetings.
• Article 5: The Executive: This article outlines the appointment of the Leader of the Council, the size and membership of the Executive (also known as the Cabinet), and the allocation of responsibilities to Portfolio Holders.
• Article 6: Decision-making: This article provides for the recording of decisions made by the Council and the Executive, and the principles governing these decisions, including proportionality, due consultation, respect for human rights, and a presumption in favour of openness. It also defines Key Decisions based on financial thresholds or significant community impact.
• Article 7: Officers: This article details the management structure of the Authority and the responsibilities of statutory and chief officers, including the Head of Paid Service, Strategic Directors, and the Monitoring Officer. It also covers delegations to officers and the conduct and employment of officers.

Part 3: Allocation of Responsibilities

This part of the Constitution, including Part 3A: Terms of Reference of Council, the Cabinet, Portfolio Holders, Committees and Sub-Committees, and Part 3B: Scheme of Delegation to Officers, was scheduled for review. This section details which body or officer is responsible for specific functions and the extent of any delegated authority. This includes the terms of reference for various Council committees such as the Governance, Audit, Risk Management and Standards Committee, the Health and Wellbeing Board, the Licensing and General Purposes Committee, and the Overview and Scrutiny Committee.

Part 4: Rules of Procedure (Standing Orders)

This extensive section covers the procedural rules for various Council bodies:

• Part 4A: Council Procedure Rules: These rules govern the conduct of full Council meetings, including annual meetings, ordinary meetings, extraordinary meetings, the order of business, arrangements for meetings, notice and summons, quorum, duration of meetings, presentation of petitions, public questions, member questions, consideration of reports and motions, voting, minutes, exclusion of the press and public, members' conduct, confidential business, disturbance by the public, and suspension and amendment of rules.
• Part 4B: Committee Procedure Rules: These rules apply to all Council committees, sub-committees, and panels, covering similar aspects to the Council Procedure Rules but tailored for committee meetings. This includes rules on membership, attendance, business not on the agenda, time and place of meetings, cancellation, calling special meetings, deputations, public questions, confidential business, voting, minutes, exclusion of the public, members' conduct, disturbance by the public, and suspension and amendment of rules.
• Part 4B-1: Health and Wellbeing Board Procedure Rules: Specific rules for the Health and Wellbeing Board, covering appointment of reserves, attendance, chairing meetings, business not on the agenda, time and place of meetings, cancellation, calling special meetings, business, notice, quorum, duration of meetings, petitions, deputations, public questions, confidential business, voting, minutes, record of attendance, exclusion of the public, members' conduct, disturbance by the public, and suspension and amendment of rules.
• Part 4C: Budget and Policy Framework Procedure Rules: These rules detail the process for the development of the Council's budget and policy framework, including consultation, reference to the Overview and Scrutiny Committee, decisions outside the budget or policy framework, urgent decisions, virement, in-year changes, and call-in procedures for decisions outside the budget or policy framework.
• Part 4D: Executive Procedure Rules: These rules govern the meetings and decision-making processes of the Executive (Cabinet), including delegation, conflicts of interest, urgent business, meetings, quorum, procedure for decision-making, conduct of meetings, attendance, petitions, public questions, member questions, the business of meetings, reports from statutory officers, voting, guillotine procedures, confidential business, exclusion of the public, members' conduct, disturbance by the public, suspension and amendment of rules, and ruling of the Chair. This section also includes specific Appendix to Executive Procedure Rules: Delegated Powers of Portfolio Holders, detailing how Key Decisions and other matters can be taken by individual Portfolio Holders.
• Part 4G: Access to Information Procedure Rules: These rules outline the public's rights to access information, including notice of meetings, access to agendas and reports, background papers, minutes, and the exclusion of the public from meetings where confidential or exempt information is discussed. It also details procedures for taking Key Decisions, general exceptions, and special urgency.
• Part 4H: Officer Employment Procedure Rules: These rules cover the recruitment, employment, and disciplinary action for officers of the Council, including specific provisions for the Head of Paid Service and Chief Officers.
• Part 4I: Contract Procedure Rules: These rules provide the governance structure for commissioning, procurement, and contract management of goods, works, and services, ensuring value for money, probity, and compliance with relevant legislation.
• Part 4J: Miscellaneous Procedure Rules: This section covers miscellaneous procedural matters.
• Part 4K: Financial Regulations: These regulations set out the framework for managing the Authority's financial affairs, covering financial management, planning, corporate governance, risk management, control of resources, financial administration, external arrangements, and the scheme of approval and delegation for financial transactions.

Part 5: Codes and Protocols

This part of the Constitution includes various codes of conduct and protocols designed to ensure ethical behaviour and proper working relationships:

• Part 5A: Members' Code of Conduct: This code outlines the standards of conduct expected of councillors, including general provisions on selflessness, honesty, objectivity, accountability, openness, personal judgement, respect for others, upholding the law, stewardship, and leadership. It also details the registration and disclosure of disclosable pecuniary interests, other interests, and the process for obtaining dispensations.
• Part 5B: Code of Conduct for Council Employees: This code sets out the expected standards of conduct for all Council employees, covering official conduct, political neutrality, duty to report failures, financial and non-financial interests, relationships with colleagues, managers, councillors, contractors, the media, and the public, health and safety, equal opportunities, confidentiality, care of Council money and property, political neutrality and restrictions, and the responsibilities of Corporate Directors and Directors.
• Part 5C: Protocol for Members and Officers: This protocol guides the relationship between councillors and officers, promoting high standards of conduct, mutual respect, trust, and clear communication, while maintaining a division of responsibilities between policy setting and implementation.
• Part 5D: Code of Practice on Local Government Publicity: This code provides guidance on the lawfulness, cost-effectiveness, objectivity, even-handedness, appropriateness, and equality and diversity considerations for local authority publicity. It also addresses care during periods of heightened sensitivity, such as before elections and referendums.
• Part 5E: Planning Protocol: This protocol guides Members involved in planning decisions, emphasizing impartiality, fairness, and the need to balance community interests with professional officer advice. It also addresses lobbying and pre-application discussions.
• Part 5F: Corporate Anti-Fraud Policy: This strategy outlines the Council's framework for managing, mitigating, identifying, investigating, and improving internal controls to combat fraud and corruption. It details roles and responsibilities and the Council's approach to prevention, detection, and punishment.
• Part 5G: Protocol on Confidentiality of Part II Reports: This protocol addresses the handling of confidential and exempt information discussed in private meetings, outlining the obligations of members and officers regarding disclosure.
• Part 5H: Protocol on Co-optees and Advisers: This protocol sets out the rights and obligations of co-opted members and advisers appointed to Council bodies, including their adherence to the Code of Conduct and confidentiality requirements.
• Part 5I: Members' Rights to Access Information: This guidance details the rights of councillors to access Council information, outlining the 'need to know' principle, statutory rights, and exemptions, including procedures for requesting information and handling sensitive data.
• Part 5J: Gifts and Hospitality – Members' Protocol: This protocol provides guidance on the acceptance of gifts and hospitality by Members, emphasizing the importance of avoiding conflicts of interest and maintaining public confidence. It outlines what is acceptable, what should be declined, and the registration requirements.
• Part 5K: Code on Corporate Governance: This code outlines the Council's commitment to sound corporate governance, based on six core principles: focusing on purpose and outcomes, members and officers working together, promoting values, taking informed and transparent decisions, developing capacity and capability, and engaging with the public for accountability.
• Part 5L: Anti-Money Laundering Policy: This policy sets out the Council's procedures to prevent and detect money laundering, outlining the obligations of staff, the role of the Money Laundering Reporting Officer (MLRO), disclosure procedures, customer due diligence, and record-keeping requirements.
• Part 5M: Social Media Protocol: This protocol guides Members and employees on the ethical use of social media, clarifying how the Code of Conduct applies to online behaviour, the importance of political neutrality, and the potential legal pitfalls such as libel and copyright infringement.
• Part 5N: Cabinet Decisions Protocol: This protocol likely details the procedures for making and recording decisions taken by the Cabinet.
• Part 5O: Protocol for Public Reporting on Meetings: This protocol outlines the rights of members of the public to report on public meetings of the Council, including filming, photographing, and audio recording, while ensuring the business of the meeting is not disrupted.

Part 6: Members' Allowances Scheme

This section details the scheme for Members' Allowances, including basic allowances, special responsibility allowances (SRAs) for specific roles, mayoral allowances, and reimbursement for travel, subsistence, and carers' expenses. It also outlines procedures for claims and payments, and the eligibility of elected members for the Local Government Pension Scheme.

Part 7: Glossary

This section provides definitions for terms used throughout the Constitution to ensure clarity and understanding of the various governance and procedural elements.