Agenda item

To consider the recommendations of the Governance Review Working Group (“the Report”) with a view to recommendations being made to Council as to amendments to the Constitution. 

Report of the Governance Review Members’ Group.

Cabinet Member – Councillor Read

Commissioner:  Myers (in advisory role)

Consideration was given to a report introduced by Councillor Read, Chairman, which provided the detail from the final report of the Members’ Governance Working Group and their recommendations for the consideration of Cabinet with a view to recommendations being made to Council as to amendments to the Constitution. 

Further amendments were moved by the Chairman and seconded by Councillor Alam to revise Appendix 1 with regards to changes to the Constitution to now read:-

7.     Paragraph (2) of Schedule 1 to the Overview and Scrutiny Procedure Rules be amended so as to read:-

“(2) The membership of the OSMB shall comprise:-

·             a chairperson who shall be a councillor appointed by the Council;

·             a vice-chairperson who shall be appointed by the Council and who shall be a member of the main opposition group;

·             the chairs and vice-chairs of the overview and scrutiny select commissions who shall be councillors appointed by the Council so as to reflect the political balance of the Council;

·             the chair and vice-chair of audit committee;

·             sufficient opposition councillors nominated by Opposition Parties or councillors and appointed by the Council, to ensure political balance.”

9.     Paragraph 9 (all members of Council to receive all confidential and exempt material included in reports to Cabinet) would be:-

“5.4  In relation to reports to be considered a full Council or committee meetings or executive meetings held in public, a member of the Council has, subject to rule 5.5, the right to inspect any document that:-

5.4.1  contains material that relates to an item to be considered a full Council or committee meeting, or

5.4.2  is in the possession or under the control of the executive and contains material relating to any business to be transacted at an executive meeting held in public, whether or not he or she is a member of the particular committee or the executive.

        and to receive copies of all reports to be considered at an executive meeting, including reports containing confidential or exempt information.”

“5.5. The right mentioned in rule 5.4 does not extend to a document or part of a document that in the opinion of the Assistant Director Legal Services:-

5.5.1  contains confidential or exempt information (please see the Appendix), except where the exempt material is included within reports to Cabinet which are to be provided to the Chair of Overview and Scrutiny Management Board, the Chairs of Select Commissions and the leaders of the two largest opposition groups, or

5.5.2  discloses advice provided by a political adviser or assistant to the executive.”

but this rule 5.5 does not apply:-

5.5.2.1  to confidential or exempt information disclosed to members in accordance with rule 5.4.

5.5.2.2  to exempt information that falls within paragraph 3 (information relating to the financial or business affairs of any particular person (including the Council)) of Schedule 12A to the Local Government Act 1972, except to the extent that the information relates to any terms proposed or to be proposed by or to the Council in the course of negotiations for a contract, or

5.5.2.3  to exempt information that falls within paragraph 6 (information which reveals that the Council proposes to serve a notice on a person or to make an order or direction under any enactment) of Schedule 12A.

Councillor Steele, Chairman of the Overview and Scrutiny Management Board, welcomed these changes making the process more open and transparent and involving more Councillors.

(1)  Resolved:-  That the recommendations of the Members Governance Review Working Group be noted.

(2)  Recommended:-  That Council consider the amendments to the Constitution set out in the Appendices to this report with the inclusion of the amendments above.