Agenda item

Update to the Constitution

The Chief Executive presented the report, acknowledging the unique and urgent circumstances in which it was produced. He thanked Members and council staff for stepping up to support vulnerable people and concerned businesses in the borough.

He emphasised that the measures in the report are intended to be temporary, and will depend on the progress of emergency legislation currently being formulated by national government. Critical council business must continue in the coming weeks. The report was subject to amendments right up to the day of the meeting, to ensure adequate member consultation and build in the appropriate safeguards. These measures will be in place either until national government legislation changes or the full schedule of meetings is restored.

The Leader of the Council endorsed the report, and clarified that it mostly pertains to decisions that fall outside of the Cabinet and Leader’s remit, such as Planning and Licensing decisions.

One Member expressed his support for the report, but outlined some concerns about the Planning process. He asked for reassurance that the emergency decision-making process will not bypass proper public consultation.

One Member asked about the lack of a formal review process within the new protocols, and advised enshrining a six-monthly review mechanism. The Cabinet Member Development and Safety formally moved that this be added, which Councillor Collins seconded. One Member asked why this was not already included.

The Chief Executive responded that it was intended to be reviewed at the next full Council meeting, but that he was happy to add this further measure as it is not yet clear when the next Council meeting will take place. Members agreed that the recommendation be amended to provide for a review of the measures by Council after six months. The Mayor moved to a vote, and the amendment was approved unanimously.

RESOLVED (unanimously) THAT

1.    recommendation 2 be amended to add ‘and if required every six months by Council’.

One Member asked for reassurance that members of the public will still be included in the Planning process when decisions are taken remotely. The Head of Law advised that the report dealt with the final decision making and will not override the requirements for consultation and any other statutory requirements.

The Mayor suggested amending the constitutional table of formal decision makers for Planning to include members of the public. The Member clarified that he was only seeking reassurance that the public’s voices would be heard.

The Head of Law advised that the changes outlined in the report were in respect of the decision making process and the measures needed to make decisions in the absence of committees. The Head of Law reemphasised tat these measures will not override the requirements to consult prior to the applications being determined.

The Mayor accepted the legal advice and withdrew the proposed amendment. The Mayor then asked for, and received, an assurance that members’ right of call in to applications would in some way be retained. One Member emphasised that in the present situation, efficient and proactive decision-making is needed more than ever, and the proper processes should be followed. One Member reiterated the legal advice given by the Head of Law, emphasising that committee members take responsibility for decisions having consulted officers with the relevant expertise. Ward members are not decision makers themselves, and changing fundamental principles would cause unwanted confusion at an important juncture.

The Mayor moved to a vote on the amended recommendations.

RESOLVED (unanimously) THAT

1. the arrangements, including recommended changes to the Council’s Constitution as set out in sections 3 and 4 of this report, be implemented immediately;

2. the arrangements referred to in 1 above be reviewed regularly by the Chief Executive in consultation with the Leader of the Council, the Mayor, Committee and Sub-Committee Chairs and Political Group Leaders, and if required every six months by Council, and be discontinued when arrangements are in place for the resumption of meetings of all Council, Committees and Sub-Committees;

3. the Borough Solicitor be authorised to make any textual or other amendments which are necessary to ensure the accuracy, consistency and legality of the Constitution when incorporating the temporary revisions referred to in recommendation 1.