Revision to the Constitution

AGENDA ITEM 14

BOROUGH OF POOLE

REPORT TO COUNCIL

28th JUNE 2005

PROPOSED REVISIONS TO THE CONSTITUTION: AREA COMMITTEES, QUESTIONS BY MEMBERS

REPORT OF THE CHAIRMAN OF THE

REVIEW OF STANDING ORDERS WORKING PARTY

PURPOSE OF THE REPORT

1.1 To seek Council approval for amendments to the Constitution, relating to Part 3 (Responsibility for Functions) and Council Rule 11.

2.DECISIONS REQUIRED

2.1That Members agree that the following amended paragraphs replace paragraphs 3 and 4 of the Delegation of Functions to Area Committee’s relating to non-strategic highway and transportation decisions as in Part 3 of the Constitution (Responsibility for Functions):

Paragraph 3

No Area Committee decision to be acted on until decisions have been circulated to all Councillors by the Head of Legal and Democratic Services and a notice of the call-in period has expired, in accordance with Scrutiny Rule 16.

Paragraph 4

The Head of Transportation Services to be included in the list of persons to be notified of the decision.

2.2That Members consider the Motion detailed at 4.1below, and

(a)agree the amendment to Rule 11.1;

(b)consider the amendment to Rule 11.4, mindful that the Review of Standing Orders Working Party have reserved to make any recommendations on this matter.

3.REVISIONS TO “RESPONSIBILITY FOR FUNCTIONS: AREA COMMITTEES - NON-STRATEGIC MINOR HIGHWAY AND TRANSPORTATION DECISIONS”

3.1Currently paragraphs 3 and 4 of the Delegation of Functions to Area Committees relating to non-strategic minor highway and transportation decisions state:

Paragraph 3

No Area Committee decision to be acted on until decisions have been circulated to all that Area Committee’s Membership by the Head of Legal & Democratic Services and two Members of that Committee be permitted to call-in a decision within 48 hours of that notification. The call-in to be referred to the next meeting of that Area Committee. Decisions can only be called-in once in respect of a particular matter.

Paragraph 4

The Head of Transportation Services is permitted to call-in any decision of an Area Committee to the Cabinet within 48 hours of the meeting by notifying the Head of Legal & Democratic Services. In doing so he/she must indicate the reasons for the call in, e.g. breach of Council protocol/guidelines or wider effect of decision.

3.2The delegation to Area Committees of non strategic minor highway and transportation matters decisions was agreed in October 2002.

3.3This is an executive delegation and is therefore subject to the usual scrutiny “call in” rule.

3.4The agreed scrutiny “call in” rule is detailed at Scrutiny Rule 16 of the Constitution and complies with guidance from the Office of the Deputy Prime Minister (ODPM) as detailed in the Modular Constitutions for English Authorities (2001).

3.5Paragraphs 3 and 4 of delegation of functions to Area Committees concerning non strategic minor highways and transportation matters do not reflect the advice of the ODPM or the Borough of Poole’s Constitution – Scrutiny Rule 16 and therefore should be amended.

3.6Reserving the right of the scrutiny “call-in” to those Councillors which were the Members of the Committee responsible for the decision, would be an abuse of this tool which has been devised to make local government more open, transparent and accountable.

3.7Similarly, directing consideration of the “called in” decision back to the Area Committee responsible for that decision is not a correct application of this particular scrutiny function and denies other Members the right to consider this matter.

3.8With regard to Paragraph 4, the “call-in” rule is the right of elected Members, and does not apply to officers, therefore it would be incorrect to extend this right to the Head of Transportation Services.

3.9The Review of Standing Orders Working Party unanimously agreed that these amendments should be recommended to Council for approval, based on the reasons listed in paragraphs 3.3 to 3.8 above.

4.MOTION FROM COUNCIL – PROPOSED AMENDMENT TO CONSTITUTION

4.1The following Motion was referred from the 12th April 2005 Council Meeting to the Review of Standing Orders Working Party for consideration.

“We, the undersigned, propose amendments to the Council’s Constitution as follows:-

Council Rule 11 (Questions by Members)

11.1Add ‘A Cabinet Portfolio Holder’ to the list of Members who can be questioned. Constitution will then read:

11.1Questions on notice at full Council

Subject to Rule 11.3, a Member of the Council may ask:-

The Leader
The Chairman of any Committee
One of the Members appointed to the Dorset Police Authority or the Dorset Fire and Rescue Service
A Cabinet Portfolio Holder.

A question on any matter in relation to which the Council has powers or duties or which affects the area. Each question will be circulated in writing to Members before the start of each Council meeting and will be read out at the meeting by the Chief Executive.

11.4Add a new clause to read:

(e)Where information is supplied by an officer, in order to facilitate a reply, that information shall also be made available to the questioner as early as is practically possible, before the Council meeting.”

Councillors Clements, Allen, Wilson, Curtis, Brooke and Miss Wilson

4.2The Review of Standing Orders Working Party considered this Motion on the 2nd June 2005 and agreed:

(i)in respect of the amendment to Rule 11.1, that Council agree to add “A Cabinet Portfolio Holder” to the list of those who can be asked Questions, to bring the Rule in line with current practice

(ii)in respect of the amendment to Rule 11.4, to reserve making any recommendation

4.3A summary of the Working Party’s discussions on the requested amendment to Rule 11.4 follows:

a)it was noted that the main reason for this amendment was due to Members’ frustration that, when Members’ Questions were submitted to Council, the relevant information provided to support the Response was not made available prior to the Meeting.

b)it was noted that certain Members felt that the current procedure put the Questioner at a disadvantage, particularly when wishing to exercise his or her right to ask a supplementary Question.

c)Council should be informed of the relevance of the Freedom of Information Act, the Local Government Act 2000, and the Office of the Deputy Prime Minister’s Guidance on Modular Constitutions for English Authorities (2001) when discussing whether or not to agree this amendment.

d)the amendment was not requesting that the Questioner be issued with the Responder’s full answer to the Question prior to the Council Meeting, but that any information supplied to support that Response should be made available at the same time, or as soon as possible after, being issued to the Responder

e)there was a concern that, in agreeing this amendment, and allowing the Questioner notice of the information supporting the Response, this could lead to a request that Responders be notified in advance of any supplementary Question

f)one option was that the information/response should be made available in writing immediately before the appropriate Council Meeting

g)another option was that the Questioner should take the initiative, and ask the Officer for a written copy of the information supplied

h)there were circumstances when Officers would not have supplied information and the Responder simply answers the Question at the Council Meeting without any supporting notes.

4.4Council is asked to consider the amendment to Rule 11.4 in light of the above points listed (a) to (h).

Councillor Neil Sorton

Chairman of the Review of Standing Orders Working Party

20th June 2005

Contact Officer: Karen Linaker, Principal Democratic Support Officer 01202 633018

Background Papers

Borough of Poole Constitution: Parts 3 & 4
Local Government Act 2000: Part II – Paragraph 21 (Overview & Scrutiny Committees)
OPDM Guidance on Modular Constitutions for English Authorities (2001)