Agenda item

To consider the recommendations of the Constitution Working Group in respect of proposed amendments to the Council’s Constitution and to adopt the document for the 2025-26 municipal year.

Consideration was given to the report which presented a number of amendments to various parts of the Council’s Constitution. The proposed amendments were identified through discussions with Members of the Constitution Working Group as a means of improving the Council’s governance regime as set out in the papers and recommended to Council as a part of that process.

The first proposal set out in the report related to the Budget Council meeting. The proposal was that the agenda for this Council meeting be limited to the Council’s Budget and Council Tax Setting and agreement of the new Municipal Meeting Calendar. There would be the ability for urgent items to be considered by exception.

The second proposal at paragraph 2.5 of the report related to Procedure Rule 11 – General questions by Members at Council meetings. The proposals included setting a time limit on the relevant agenda items and on supplementary questions. A limit on the number of questions that could be submitted would be included but there would be a provision for written questions to be included in the minutes of the meeting.

The third proposal at paragraph 2.6 of the report related to Procedure Rule 12 – General questions by members of the public at Council meetings. The proposals included setting a twenty minute time limit for this agenda item and a one minute time limit for supplementary questions.

The fourth proposal at paragraph 2.7 of the report relating to Procedure Rule 18 – Notice of motions, order of motions, consideration of motions and unconnected business. It was proposed that the length of speeches be reduced, the deadline for receipt of amendments be brought forward to the day prior to the meeting and that an overall time limit of 90 minutes be introduced to cover all notices of motion. It was also proposed that the ability for Members and Groups to submit an amendment to their own Motion be removed.  Further, there was a proposal to amend Procedure Rule 18(6). The purpose of the amendment was to ensure that any motion was properly moved and seconded before the debate or substantive introduction of the item.

The fifth proposal related to the Leader’s Statement as outlined in paragraph 2.10 of the report. The proposal was to amend the Constitution to offer the Majority Opposition Leader the opportunity to respond to the Leader’s Statement as the first Member called for a period of not more than 10 minutes and for the Leader of the Council to respond to the Majority Opposition Leader’s comments before moving to all Member questions on the statement for a period of not more than 10 minutes.

A new appendix was to be included within the Constitution setting out the Terms of Reference of each of the bodies listed in Appendix 2 of the report. Changes to the Scheme of Delegation were proposed and the suggested wording for these changes was set out in paragraphs 2.14 and 2.15 of the report.

Paragraphs 2.16 and 2.17 outlined the proposals to make changes to the current Terms of Reference relating to the Overview and Scrutiny Management Board and Select commissions. The proposed changes were intended to clearly align with changes in statutory guidance including the ability to question statutory partners and representatives of other partner agencies and public bodies about their views on issues, activities and proposals affecting the Borough, specifically reference the Council’s scheme for handling petitions, and should the threshold for debate at Council be reached the ability for the petitions referral to overview and scrutiny, remove duplication and align with current Council structures.

In moving the report the Leader highlighted the changes and the reasons for them. In seconding the report, Councillor Z Collingham stated that the rules had needed strengthening and that no one group or independent had got everything they wanted.

Councillor Yasseen was against the proposals. She stated that they were anti-democratic, reduced openness and transparency and limited the voice of elected Members.

Councillor Beck supported the proposals which he felt were sensible and struck the correct balance. In response to a question, the Monitoring Officer confirmed that the Council could vote to suspend the Standing Orders if they felt the need to.

Councillor Bacon was pleased that the Leader of the Opposition would get more recognition.

The Leader disagreed with Councillor Yasseen and stated that the Council was still open and transparent. The changes were done for practical reasons.

Resolved:

That Council approve: -

1. The amendments to Appendix 1 – Council Procedure Rules.
   
   
2. The inclusion of a new appendix – Appendix 2 - Council Bodies.
   
   
3. The revised delegations including in respect of Company and Share Holding Responsibilities.
   
   
4. The amendments to Appendix 3 – Overview and Scrutiny Management Board and Select Commissions Terms of Reference.
   
   
5. The amendments to Appendix 4 – Overview and Scrutiny Procedure Rules.
   
   
6. The amendments to Appendix 5 – Rotherham Borough Council Responsibility for Functions Overview and Scrutiny Management Board.

Mover: Councillor Read                          Seconder: Councillor Z Collingham