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Summary
The Constitution Committee made a number of recommendations to the full council meeting, including approving changes to the terms of reference of its scrutiny committees, and adopting changes to the council's constitution relating to the newly formed Gloucestershire City Region Board. They also recommended adopting changes to the way that dispensations relating to the Localism Act 2011 are dealt with, and the adoption of a new policy to allow for the possibility of paid neonatal care leave for Councillors.
Scrutiny Committee terms of reference
The Committee discussed a report recommending changes to the terms of reference of the council's scrutiny committees.
The changes would mean that each scrutiny committee more closely shadowed a particular cabinet portfolio. These changes were supported by the Corporate Overview and Scrutiny Committee.
There was some discussion about the fact that the changes would see Trading Standards, Libraries and Registration Service and Coroners falling under the remit of the Adult Social Care and Communities Scrutiny Committee.
One member queried the Trading Standards, Libraries and Registration Service and Coroners falling within the remit of Adult Social Care and Communities Scrutiny Committee. It was suggested that this could be picked up by Fire Scrutiny.
It was suggested that these functions could instead be the responsibility of the Fire Scrutiny Committee. It was decided that the Chairs of the two committees would discuss the issue and agree any changes to be presented at the next full council meeting.
Gloucestershire City Region Board
The Committee discussed the creation of the new Gloucestershire City Region Board, which replaces the former Gloucestershire Economic Growth Committee.
The City Region Board is a partnership between Gloucestershire County Council and the county's borough and district councils.
Each Council maintained their own executive powers relating to specific decisions that might involve economic development.
The new committee is intended to better reflect the relationship between the councils in the county, and provide more effective oversight and scrutiny of the region's economic strategy. It will be made up of 13 councillors, seven from the county council, and six from the districts. Forest of Dean District Council made representations about the terms of reference of the new committee, asking for:
- The use of the phrase
greener economy
to be defined as meaning an economy that islow carbon, resource efficient and socially inclusive
- For the committee to assess the results of economic growth metrics in addition to GDP
Where the terms of reference detailed measuring economic growth/ success the request was that the scrutiny function would include assessing the results of economic growth metrics additional to GDP
It was agreed that these comments would be noted, but would not form part of the final terms of reference.
The new arrangements were approved by the committee, and will be presented at the next full council meeting.
Declarations of Interest
The Committee considered a report recommending changes to the way that employees of the council declare gifts and hospitality. These changes had been prompted by the council's external auditors, who advised that the council's current arrangements could be more robust.
It was decided that, for the purposes of these declarations, a single register would be kept by the council's Monitoring Officer. The register would contain details of both gifts and hospitality, and declarations of interest. All employees at Head of Service level or above will be required to make a declaration every three years. A nil return will be required.
The new arrangements bring the rules for staff into line with those for councillors.
Dispensations for Disclosable Pecuniary Interests
The Committee discussed the process by which councillors could apply for a dispensation to participate in meetings in which they have a Disclosable Pecuniary Interest.
Under the Localism Act 2011, which is enacted by the council's Code of Members' Conduct, Councillors are required to declare any Disclosable Pecuniary Interests that they may have, and are not generally permitted to take part in discussions or votes on any matter in which they have such an interest. However, the Act does allow for the council to grant dispensations in certain circumstances.
Up until now, the power to decide whether to grant a dispensation has rested with the Audit and Governance Committee. In practice no dispensations have ever been requested.
The Committee considered that it would be more efficient for these decisions to be made under delegated authority by the Monitoring Officer. To maintain transparency, the decision would have to be made in consultation with the Chair and group leaders of the Audit and Governance Committee. In an emergency an extraordinary meeting of the Audit and Governance committee could be convened.
The Committee agreed to recommend this change to the full council.
Neonatal Care Leave
The Committee discussed a proposal to introduce a new policy allowing for Councillors to take paid leave if their baby requires neonatal care.
The Neonatal Care (Leave and Pay) Act 2023 gives employees a statutory right to up to 12 weeks' paid leave in these circumstances.
Although the Act does not apply to councillors, who are not classed as employees, the government has encouraged local authorities to adopt similar provisions for their elected members.
Although councillors were not legally classified as employees, and so were not covered by the Act, the Minister for Local Government had written to Council Leaders encouraging them to make similar provision for councillors.
The Committee noted that Gloucestershire County Council already has a Parental Leave Scheme which offers broadly equivalent rights to employees. They also noted that the scheme already extended to the parents of adopted newborns, as long as the child was a newborn.
The proposal would bring the council's policy on neonatal care leave into line with that for employees. The Committee agreed to recommend the change to the full council.
Attendees




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