Agenda item

To consider the report of the Head of Paid Service concerning proposed changes to the council’s Constitution.

50.1      Councillor Cook moved and Councillor Norman seconded the motion.

 

50.2      Councillor Cook outlined the proposed changes to the constitution regardingthe introduction of a notice period for questions to Cabinet Members and Chairs of Committees. He stated that by providing their question in advance, both the public and Members would benefit from a detailed answer following thorough investigation. This approach would also match that of other Councils.

 

50.3      Councillor Hilton moved and Councillor Wilson seconded the followingamendment:

 

“That the recommendations of the General Purposes Committee be rejected in favour of keeping the current system of public and member questions at council, cabinet and at council committees.

 

Subject to the constitution being changed to allow for public written questions, where if three working days’ notice is given in writing of the question, it will be guaranteed a written answer will be provided 24 hours before the start of the meeting in question.”

 

50.4      Councillor Hilton stated his belief that verbal question time worked well andthat, in the main, Cabinet Members had good oversight of their portfolios. Hefurther stated that the current format provided for detail to be provided inrespect of more technical questions through the mechanism of written questions and that by having to provide the question in advance, officersmay be over burdened in terms of researching the answer at short notice.

 

50.5      Councillor Cook stated that Cabinet Members did not take issue withanswering questions verbally but that the proposed changes would align theCouncil with other Councils and would deliver more cogent answers. He further stated that advanced submission of questions may garner further interest from the public and local media.

 

50.6      Councillor Wilson queried who the proposed change would benefit andsuggested that barriers would be created for the public. He also suggestedthat officers would be under pressure to deliver quick answers while accepting that sometimes a written answer was appropriate while welcomingthe fact that the changes would be reviewed.

 

50.7      The amendment was not accepted.

 

50.8      Councillor Pullen moved and Councillor Chambers-Dubus seconded thefollowing amendment:

 

“Council is asked to RESOLVE to

 

(1)      Consider the recommendations of the General Purposes Committee and adopt reject the proposed changes to the Constitution, subject to:

 

-       Until a full People Impact Assessment has been carried out that establishes how the proposed changes will impact on people with low literacy skills, whose first language is not English and who are affected by literacy issues such as dysgraphia and dyslexia.

 

-       Reducing the notice required for question by Members at meetings of the Cabinet to three clear working days.

 

-        A requirement that General Purposes Committee will review the operation of the proposed changes after three ordinary meetings of Council and decide whether to recommend to Council a return to previous arrangements or any other changes.

 

(2)    Note that, as the report proposes to make changes to the Council Procedure Rules, in accordance with Council Procedure Rule 10 and 12, the proposed amendments, if agreed, shall stand adjourned until the next ordinary Council meeting.”

 

50.9      Councillor Pullen submitted that the current system worked well for debateand transparency and noted that Cabinet Members were fully briefed on a regular basis. He queried why change it if it was working well. In outlining theamendment, Councillor Pullen noted that a People Impact screening had been carried out and whilst reference to disability had been made, literacy skills had not.

 

50.10   The amendment was not accepted. Councillor Williams, Chair of the GeneralPurposes Committee, advised that People Impact Assessments were carried out for all Council decisions and that this was an inclusive Council. Councillor Hilton expressed his support for the amendment and stated thatremoving the ability to put questions verbally must be very carefully considered.

 

50.11   Councillor Melvin spoke against the amendment and shared her view thatverbal questions often become a vehicle for making statements rather than putting questions.

 

50.12   Councillor A. Chambers stated that the Conservative Party was an inclusiveone which listened to and engaged with the community. With the proposed changes, more thorough investigation of questions and clarity of answers would be enabled.

 

50.13   Councillor Chambers-Dubus informed Members that she had dyslexia andthroughout her life had been put off from engaging in matters which involvedwritten communication and that there were others for whom this was an issue. She highlighted that there would be some who would feel unable to submit questions in writing but would be able to ask them verbally – similarlyfor those for whom English was not their first language.

 

50.14   The amendment was put to the vote and was lost.

 

50.15   Councillor Hilton proposed and Councillor Wilson seconded the followingamendment:

 

“That the recommendations of the General Purposes Committee be changed by the deletion of the first bullet point in clause one and replacing it with the following text.

 

That written questions to cabinet and council be presented to democratic services at 23.59 hours on the Sunday before the meetings. Assuming council is on a Thursday evening and cabinet on Wednesday evening. That written replies will be published and provided directly to the questioner 24 hours before the start of the meeting.

 

That member question time at full council be extended to 45 minutes.”

 

50.16   The amendment was not accepted.

 

50.17   Following a brief adjournment, Councillor Hilton proposed and Councillor Wilson seconded the following alternative amendment:

 

“That the recommendations of the General Purposes Committee be changed by the deletion of the first bullet point in clause one and replacing it with the following text:

 

-       That written questions to Cabinet be presented to Democratic Services 2 clear working days before the meeting. That written replies will be published by 12 noon on the day of the meeting.

 

-       That written questions to Council be presented to Democratic Services 5 clear working days before the meeting. That written replies will be published at least 24 hours before the meeting.

 

-       The answers to published questions will normally be taken as read.

 

-       That member question time at full council be extended to 45 minutes.”

 

50.18   The amendment was accepted.

 

50.19   Councillor Hilton proposed and Councillor Wilson seconded thefollowing amendment:

 

“That an additional clause be added to the resolution on constitutional changes, agenda item 11.

 

That both opposition group leaders retain the right to ask two verbal questions, plus two supplementary questions without notice to cabinet members at the beginning of full council question time.”

 

50.20   The amendment was not accepted.

 

50.21   Councillor Hilton proposed and Councillor Wilson seconded thefollowing amendment:

 

“That an additional clause be added to the resolution on constitutionalchanges, agenda item 11.

 

That both opposition group leaders are afforded the right torespond verbally to announcements made by the Leader of the Council, Cabinet Members and the Head of Paid Service at full council – procedural rule 2.02 (vii).

 

That the opposition group leaders would only speak once andat the end of the announcements. That maximum time afforded to each group leader would be 3 minutes.”

 

50.22   Councillor Hilton stated that he would appreciate the ability tocomment on announcements where it was warranted. He clarified that this would not be utilised at every meeting but where something wasworth of comment.

 

50.23   Councillor Wilson shared his view that it is was a principle to afford opposition groups a right of reply.

 

50.24   The amendment was not accepted.

 

50.25   RESOLVED that:-

 

(1)      Council adopts the proposed changes to the Constitution, subject

to:

 

-       That written questions to Cabinet be presented to Democratic Services 2 clear working days before the meeting.

 

-       That written replies will be published by 12 noon on the day of the meeting.

 

-       That written questions to Council be presented to Democratic Services 5 clear working days before the meeting.

 

-       That written replies will be published at least 24 hours before the meeting.

 

-       The answers to published questions will normally be taken as read.

 

-       That member question time at full council be extended to 45 minutes.

 

-       A requirement that General Purposes Committee will review the operation of the proposed changes after three ordinary meetings of Council and decide whether to recommend to Council a return to previous arrangements or any other changes.

 

(2)      Note that, as the report proposes to make changes to the Council Procedure Rules, in accordance with Council Procedure Rule 10 and 12, the proposed amendments, if agreed, shall stand adjourned until the next ordinary Council meeting.