To approve amendments to the council’s constitution recommended by the audit and governance committee at its meeting held on 10 May 2022.

Council considered a report by the chairperson of the audit and governance committee to approve amendments to the council’s constitution recommended by the audit and governance committee. The vice chairperson of the audit and governance committee and chairperson of the rethinking governance working group introduced the report and proposed the recommendations in the report.

Councillor Nigel Shaw, as the chairperson of the audit and governance committee seconded the recommendations in the report.

Council debated the report.

The recommendations in the report were put to the vote and were carried.

RESOLVED – That:

a)             amendments to the audit and governance committee functions as set out in appendix 1 and the two proposed changes to the constitution set out in paragraphs 9 and 10 with implementation with effect from 20 May 2022 be approved; and

b)             authority be delegated to the Director of Governance and Legal Services to make technical amendments (as required by law, grammatical, formatting and consistency) necessary to finalise the revised constitution.

To consider the suggested amendments to the council’s constitution proposed by the re-thinking governance member and officer working group for recommendation to Council.

The Chairperson noted that the report suggested amendments to the council’s constitution, as proposed by the Re-thinking Governance Working Group, for recommendation to Council.  The committee considered the revised Part 3, Section 5 (Other functions) as shown at Appendix 1 to the report, the principal points of the discussion included:

1.           Amendments to paragraphs 3.5.11 and 3.5.13 were identified and, with clarifications provided by the Interim Head of Legal Services on the differences between an independent person as defined in paragraph 4.9.26 and an independent expert that could be appointed to the committee, it was suggested that a definition be provided in relation to the independent expert.

2.           The Interim Head of Legal Services advised that a chairperson of a committee could ask for an additional meeting to be added to the schedule of meetings if it was deemed necessary.

3.           An amendment to paragraph 3.5.15 (a) was suggested to enable the committee to not only receive material to examine but also in depth examine matters itself where required.

4.           In response to a question, the Director of Resources and Assurance explained the reference to a specific company in paragraph 3.5.19 (waste contract) was due to a PFI relationship.

5.           A typographical error was identified in paragraph 3.5.30 (i).

6.           It was noted that Treasury Management had been removed from the audit and governance functions and would be added to the remit of the Scrutiny Management Board.

7.           Noting the potential for confusion between audit and governance functions (paragraphs 3.5.9 to 3.5.25) and other functions in the document, the Interim Head of Legal Services suggested that the numbering and presentation be revisited in the further review of the constitution later in the year.

8.           With attention drawn to paragraph 3.5.11, it was noted that the committee was able to meet private and separately with the external auditor and head of internal audit if required.

9.           It was noted that changes to reflect the transfer of responsibilities to a different body (such as the transition from the Clinical Commissioning Group to the Integrated Care System) could be undertaken as technical amendments by the Director of Governance and Legal Services.

10.        An amendment to paragraph 3.5.14 was suggested to reflect the fact that a meeting could proceed with a quorum if the chairperson and vice-chairperson were not present, with a person elected to preside.

11.        With reference made to paragraph 3.5.18 (j), clarification was requested about the ‘caldicott guardian’.

Resolved: That

a)      having regard to the work undertaken by the Re-thinking Governance Working Group, the audit and governance functions as set out in appendix 1 and the two proposed changes to the constitution set out in paragraphs 9 and 10 of the report be recommended to full Council for adoption, with implementation with effect from 20 May 2022, subject to the following:

3.5.11         The words ‘as necessary’ be removed;

3.5.13         The final sentence of paragraph one be amended to ‘… The minutes of the meeting should  ...  view the full minutes text for item 93