To consider amendments to the Constitution:
Section 4 Council
Section 5 Cabinet
Section 7 Scrutiny Committees
Section 12 Finance, Contracts and Legal Matters
Minutes:
Council considered changes to Sections 4, 5, 7 and 12 of the Constitution recommended by the Democratic Services Committee. The changes in respect of Cabinet procedures were in response to a Wales Audit Office report that had expressed concern regarding the operation of the Cabinet and in particular the right to speak at Cabinet meetings by Scrutiny Chairs and Opposition Group Leaders.
County Councillor CJ Gibson-Watt moved a number of amendments seconded by County Councillor JG Morris arguing that the recommendations gave the Cabinet considerable extra powers while weakening Scrutiny.
Amendment A) below was passed by 40 votes to 13 with 2 abstentions.
RESOLVED that in additional to the production of a full forward work plan for Cabinet for 8 months in advance, as in proposed Amendment 5.22.14 of the Constitution, any emergency items to be considered by Cabinet must be subject to informing the Chairs (or Vice-Chairs if the Chair is unavailable) of the relevant Scrutiny Committee.
Amendment B) that the Chairs (or Vice-Chairs if the Chairs cannot attend) of the main Scrutiny Committees sit on the Commissioning and Procurement Board as non-voting members able to make comment was lost upon being put to the vote by 18 votes to 39 with 1 abstention.
Amendment C) below was passed by 45 votes to 14 with 1 abstention.
RESOLVED that the Chairs (or Vice-Chairs if the Chairs cannot attend) of the main Scrutiny Committees sit on the Strategic Overview Board
Amendment D) below was passed by 50 votes to 6 with 1 abstention.
RESOLVED that in Section 5.26 (Rights of Scrutiny Chairs to speak at Meeting) the following is added:
“Cabinet agendas should clearly state which items have been subject to scrutiny by the relevant Scrutiny Committee prior to consideration by Cabinet; and minutes of Cabinet meetings should clearly state why recommendations from the relevant Scrutiny Committee have been accepted or rejected.”
An amendment moved by County Councillor MC Alexander and seconded by County Councillor L Fitzpatrick to defer consideration of the changes to the Constitution until the election of the new Council was defeated by 16 votes to 44 upon being put to the vote.
The substantive motion was moved by County Councillor MR Harris and seconded by County Councillor WJT Powell as passed by 52 votes to 2 with 4 abstentions.
RESOLVED |
Reason for Decision: |
(i) that Sections 4, 5, and 12 of the Constitution as amended be approved to take effect from the 7th March, 2017.
(ii) that Section 7 of the Constitution as amended be approved to take effect from 18th May, 2017.
(iii) that in additional to the production of a full forward work plan for Cabinet for 8 months in advance, as in proposed Amendment 5.22.14 of the Constitution, any emergency items to be considered by Cabinet must be subject to informing the Chairs (or Vice-Chairs if the Chair is unavailable) of the relevant Scrutiny Committee.
(iv) that the Chairs (or Vice-Chairs if the Chairs cannot attend) of the main Scrutiny Committees sit on the Strategic Overview Board.
(v) that in Section 5.26 (Rights of Scrutiny Chairs to speak at Meeting) the following is added:
“Cabinet agendas should clearly state which items have been subject to scrutiny by the relevant Scrutiny Committee prior to consideration by Cabinet; and minutes of Cabinet meetings should clearly state why recommendations from the relevant Scrutiny Committee have been accepted or rejected.”
|
To update Sections of the Constitution in response to the WAO review of the Council’s governance arrangements, and as part of the ongoing review of the Constitution. |
Supporting documents: