Agenda item

The Committee heard from the Monitoring Officer, who outlined the purpose of the report and provided an update on the ongoing work related to the Constitution Review. It was noted that the Council was required to prepare and maintain an updated constitution in line with any legal amendments. The Monitoring Officer added that the Council’s current Constitution was available on the website. Members were reminded of the importance of this key governance document, which included terms of reference for all Committees, rules of procedure, delegations to officers, and various codes and protocols. It was highlighted that a modular constitution had been produced, outlining the essential elements all councils should include, while allowing for specific nuances of the organisation. It was explained that constitutions were subject to changes over time due to alterations in council membership, amendments to codes and protocols, changes in delegations, and legislative updates. Consequently, it was considered good practice to review the document in its entirety periodically, typically through an external legal health check, which had been conducted.

The Monitoring Officer continued the presentation, adding that the health check was a detailed piece of legal advice, categorised into three areas. The first area included amendments necessary to align the Council with legislative updates, detailed in Appendix 1 of the report. The second area involved more substantial changes to articles and committees, which were suggested to be addressed separately in preparation for the May 2025 Annual Council (AGM). The third area included optional considerations for future discussion, which were not immediately necessary but could be beneficial over time.

Members were assured that the health check had concluded the Constitution was largely legally compliant but could benefit from updates and amendments in certain areas. Specific attention was drawn to the amendment regarding the duty to record unpublished decisions made by Officers, which did take place, but had not been clearly reflected in the current Constitution. Additionally, it was recommended to state a financial amount of £50,000 for decisions materially affecting the Council's financial position, other than planned expenditure. Other legal amendments included public rights to film and record meetings, changes to access information, legislation regarding exempt categories, and a requirement for the inclusion of the Officer Code of Conduct. It was explained that an All-Member Briefing session had been offered, and slides were sent to Members who could not attend. The detailed legal advice was also provided for reference, but Members were assured that reading the detailed advice was not necessary for understanding and approving the report, but was available for context.

Concerns were raised by Vice-Chairman Cllr Dobbie about the recording of meetings and the retention of those recordings, suggestions were made by Members to ensure continuous records were kept to avoid potential misrepresentations of Council business. The Monitoring Officer agreed to consider the technical feasibility and consult with the Data Protection Officer regarding information retention. Further discussion ensued about the public's right to record meetings and the need to reflect this legal right in the Constitution. The Chairman recommended certain sections of the Constitution be reworded to prevent misinterpretation with respect to the rights of the public in Committee meetings. With this in mind, the Monitoring Officer stated that the suggestions would be reviewed and feedback would be provided in due course.

Having reached the end of the discussion, the Chairman sought agreement from Committee Members that the recommendations within the report be noted and highlighted that the report would be recommended to full Council. Members indicated their agreement, therefore it was DULY NOTED.