To recommend to Cabinet and onwards to council a number of amendments to the Constitution arising from the review of Cabinet and Scrutiny committees at the May Council.

Note:   Copies of the revised draft Constitution are enclosed separately for Members of the Committee and available on request.

The Committee considered a number of amendments to the Constitution arising from the review of Cabinet and Scrutiny responsibilities by Council in May.

The report detailed the proposed changes, which had been recommended by the Constitutional Review Working Group. 

In the course of discussion the Committee highlighted the three points set out below as issues warranting further reflection:

·        (Cabinet Procedure Rule 6) the rights of Ward members to attend and speak at Cabinet when decisions are taken affecting individual wards

Some Members expressed the view that Members should have a right to attend and speak at Cabinet when decisions were taken affecting individual wards.  Others agreed that there were practical considerations which supported the proposal to leave the discretion, as at present, to the Leader of Council as Chairman of Cabinet to call Ward Members to contribute.

It was acknowledged that where an individual ward was affected, although this could potentially involve up to 3 Councillors there was unlikely to be an obstacle to them all speaking.  In some circumstances, however, a significant number of wards may be affected.  Whilst allowing one Councillor to speak on behalf of a number of others would work in some circumstances, in others it might not.  There was therefore an argument for leaving the discretion to the Leader of the Council, noting that the arrangement could be monitored and reviewed. 

The right of Group Leaders to speak at Cabinet was identified as an additional potential safeguard of the interests of Ward Members.  It was also suggested that rather than waiting until the Cabinet meeting Ward Members should raise any concerns they had with the relevant Cabinet Member, to allow account to be taken of any concerns at the earliest opportunity.

·        (Scrutiny Rule 6) the mechanism for dealing with the response by Cabinet to Cabinet decisions which have been called in.

The proposed amendment would mean that following the call-in of a Cabinet decision if the matter was referred back to the Cabinet the Leader would have the discretion to decide whether to reconsider the matter on behalf of the Cabinet, or to refer the matter back to a meeting of the Cabinet. 

Some Members suggested that transparency of decision making would be enhanced by requiring issues to be considered at a meeting of the Cabinet.  Others noted that there might be occasions where for practical reasons time constraints would support the adoption of the proposed discretionary mechanism.

·        Part 9 – Operation of the Smallholdings Selection Panel

The Constitutional Review Working Group had proposed that the Panel should comprise the Cabinet Member (Rural Regeneration and Smallholdings) and two non-executive Councillors (one Conservative and one Liberal Democrat) to carry out an advisory role on smallholding tenant appointments.  A view was expressed that a larger Panel was needed with a remit to oversee the smallholdings estate.

The following additional points were raised:

·        It was noted that the review of the operation and boundaries of Local Area Forums was ongoing.

·        The requirement in Scrutiny Rule 3 that to instigate a call-in the three signatories required must include representatives from at least 2 political groups was discussed.  It was noted that the overriding principle was that the Scrutiny function should operate in a non-political fashion and that a decision to call-in a matter should rest solely on the merits of the particular subject.

RESOLVED:            That the proposed changes, set out in the County Secretary and Solicitor’s report, be recommended to Cabinet and Council for approval, but highlighting the three points in relation to Cabinet Procedure Rule 6, Scrutiny Rule 6 and the operation of the Smallholdings Selection Panel as issues warranting further reflection.