Agenda item

This report includes an amendment from the Conservative Group

The Leader introduced a report and moved the Motion setting out proposed changes to the Council’s Constitution stating that the changes were about clarity, efficiency and accountability. 

The proposed changes were shown at paragraph 1.2 of the report and concerned decision making, Council and Cabinet Procedure Rules, Planning Committee provisions- which had been set nationally, Code of Conduct complaints and the removal of substitutes from meetings.

Councillor Rogerson seconded the Motion stated that the proposed amendments would keep the Council’s arrangements clear, effective and fit for purpose.  He welcomed the changes made to the Council procedure rules.

Councillor Holland introduced the proposed amendments put forward by the Conservative group.  He stated that the Conservative group opposed on principle, measures within the report that impeded democratic accountability.  They were open to the reform of the  petition scheme and asked the Leader to justify his proposed changes.  The Conservative group amendment called for a Working Group to discuss the changes.

Councillor Simon Tagg seconded the amendment and reserved his right to speak.

The Leader and Councillor Rogerson did not consent to the Conservative groups’ amendment.

A debate took place on the Conservative groups’ amendment.

Comments were made by Councillors’ Fear and Whieldon stating that the proposed changes would close down local debate and also that the changes were not clear.

Councillor Lefroy stated that the restrictions placed on petitions would affect smaller communities of less than 100 people  and the Leader was asked to look into that point as part of the Working Group proposed by the Conservative group.  In addition, there seemed to be no provision for petitions between 101 and 249 signatures.

Councillor Jones raised concerns regarding appeals being delegate to the Chief Executive, particularly in terms of impartiality and whether the change would be ACAS compliant. Concerns were also raised regarding the questions time frame as they would have to be submitted before the Council agenda was available.

Councillor Parker arrived at 7.45pm

Councillor Simon Tagg stated that the Conservative group had concerns about several of the proposals and the change in direction of the Council.  He agreed that the changes to Planning with the National Scheme of Delegation was out of this Council’s control.  Reference was made to the Leader writing to the Government putting the case forward for change and Councillor Tagg asked that the Leader write a letter to the Secretary of State relating to the changes to Planning arrangements stating that local accountability was needed. 

Councillor Tagg referred to the removal of substitute members from committees and the benefit that would be lost in areas such as sub-committees.

The Leader stated that the peoples democratic rights had not been nullified as   they could attend committees, ask questions and submit petitions. 

A vote was taken on the Conservative groups’ amendment.

In favour:      14

Against:        25

Abstentions:  02

The Conservative amendment fell and a debate took place on the original Motion.

Councillor Simon Tagg stated that his group would be voting against the Motion but asked the Leader if he would take on board writing to the Government regarding the Planning changes.

Councillor Holland  stated that he found it ironic that resolution number two empowered the Monitoring Officer in consultation with group leaders when previously a cross party working group had been opposed.

In summing up, the Leader stated that he would be happy to write to the Government regarding the changes to Planning legislation and would be happy to meet with Councillor Lefroy regarding his concerns around the petition scheme.

Resolved:    (i)       That the proposed changes to the Constitution be agreed.

(ii)      That the responsibility for making such changes reflecting

the will of Council, be delegated to the Monitoring Officer in consultation with the Group Leaders; such changes to take effect as soon as the Monitoring Officer has consulted the Group Leader and made the changes required.

Watch the debate here