Issue - meetings

Meeting: 08/05/2017 - Council (Item 10)

10 Constitution Annual Review pdf icon PDF 574 KB

Additional documents:

Minutes:

The report was introduced by the Chairman of the Governance and Audit Committee, which had considered the report at its meeting on 18 April 2017.

 

The Council was required by law to prepare and keep up to date a Constitution which explains how the Council operated, how decisions were made and the procedures which were to be followed to ensure that these were efficient, transparent and accountable to local people.  Article 14 of the Constitution stipulated how such a review should be conducted.

 

As a comprehensive review of the Constitution was undertaken in 2011 and in light of a number of mid-year changes having being made, a number of amendments were being proposed as detailed at Section 2 and the appendices of the report.

 

Several minor changes had been made throughout Parts III, IV and V, those revised chapters with changes tracked were circulated with the report.

 

The Leader of the Labour Group expressed concerns that Committee discussion could be bypassed, by allowing reports to be submitted directly to Council, particularly as the previous report had emphasised that the speed of decision making at the Council was efficient.  The Chief Executive agreed that there were other considerations also, that Group Leaders as well as Committee Chairman should be involved, and proposed that that recommendation be removed and be subject to further discussion.

 

It was moved and seconded that the recommendations be amended with reference to paragraph 2.8.3 of the report, referring to Part IV, page 26, paragraph 11 of the Constitution, and that this proposed change be referred back to the Governance and Audit Committee for further consideration prior to submission to full Council for agreement, if required.

 

RESOLVED that the amendment as above be agreed.

 

The remainder of the recommendations were moved, seconded and voted upon en bloc.

 

RESOLVED that:

a)    the outcome of the annual review be noted;

b)    the Constitution amendments detailed in paragraphs 2.6 to 2.13, (with the exception of paragraph 2.8.3) and at Appendices 1 and 3 of the report, and the revised Constitution chapters as appended (Appendices 4-6) be approved for immediate implementation;

c)    the amendments detailed at Appendix 2 of the report, as already approved by Council/Committee, be noted;

d)    the Challenge and Improvement Committee new section on Oversight Commissioning  and the Operating Methodology as set out in paragraph 2.10 and Appendix 7 be approved for inclusion;

e)    the review of Planning Protocols as recommended to Council by the Governance and Audit Committee as set out in paragraph 2.11 and Appendix 8, be approved; and

f)     given the Council’s increased Commercial activity the Constitution to contain a separate section to deal specifically with the Council’s Trading Companies, this to be compiled and developed for presentation within the Annual Review in 2018.