To constitute committees and allocate membership of these and other bodies in accordance with political proportionality rules.:

Please note that the Council may be asked under this item to approve alternative arrangements to strict political proportionality for appointments to Committees and other bodies in accordance with Regulation 20 of the Local Government (Committees and Political Groups) Regulations 1990.

Council received a report on the constitution of committees and the allocation of their membership, together with other bodies, in accordance with political proportionality rules.

In presenting the report, the Monitoring Officer reminded Members that Parliament had set out strict rules concerning proportionality.  The proportionality rules resulted in the seats being available to each Group as outlined on page 39 of the report. One ungrouped member would not have a seat on any Committees.

Should Council wish to allocate seats on a different basis from that of political proportion, this could only be done where approved by Council without any Member voting against (a nem com vote by Council).  It was proposed that the application of proportionality should be suspended for the River Lugg Internal Drainage Board and the Wye Valley AONB Joint Advisory Committee, and that these appointments should be determined by Group Leaders.

A revised Appendix 2 to the report, containing proposed appointments to the posts listed, was circulated at the meeting.  It was noted that on the Overview and Scrutinny Committee, Councillor GR Swinford would be replaced by Councillor SJ Robertson.

In discussion, the following points were made:

• Training for Committee Membership would take place during the day, but Members would be canvassed to see whether there would be sufficient interest for an evening session to be held.

• It was stated that care was needed when setting up the scrutiny system, as the system outlined to Council implied that the ruling political group would be scrutinising itself.  He did not believe that this model was the best way forward for the Council.

• It was felt that the proposals were a backward step for democracy in the County.

• It was suggested that the ‘Review of the Overview and Scrutiny Function In Herefordshire Council’ carried out in December 2008 for the Overview and Scrutiny Committee should have been circulated to new Members.  It was believed that the new arrangements recommended in the report were to be phased in, and that this had not happened. 

• It was added that in Herefordshire, Call-in of executive decisions required the signatures of three Members from two different political Groups.  In researching other Authorities that operated a scrutiny commissioning model, the practice was that five members from any Group could sign the Call-in form.   It was questioned how public participation would take place in Task and Finish Groups.

• IT was noted that as the Overview and Scrutiny Committee was an advisory body, it was required by law to be proportionate.  Task and Finish Groups were not required to be proportionate, as proportionality  had already been implemented in the setting up of the Overview and Scrutiny Committee.

• The Leader said that it was not the intention that the Task and Finish Groups should be proportional.  He added that it was the intention that the Groups should go out to the public, and that they should encourage public participation in their deliberations.

• There was concerned about the proposals, as it was felt that the degree of openness could be restricted.

• One Member stated that he had come to the meeting with grave doubts about the proposed scrutiny system, but having spoken to senior officers, he was reassured, and urged Members to allow the new system to operate.

• A Member asked that the amendments to the Constitution that were inherent in this paper should be put before the Constitutional Review Working Group in order to ensure that the correct checks and balances were made.

The following amendment was moved by Councillor MAF Hubbard and seconded:  ‘That an early meeting of the new Overview and Scrutiny Committee should be called with the specific remit to review the report in conjunction with the Review of the Overview and Scrutiny Function in Herefordshire Council (2008), and to make recommendations regarding the effective implementation of the latter report.’

In speaking to the amendment, Councillor Hubbard said that it was an amendment that supported the Leader’s desire for consensus and collaborative working between the Groups.

The amendment was put to the vote.

For 16

Against 29

Abstention 27

The amendment was lost

RESOLVED that:

(a)               the list of ordinary committees be confirmed and the allocation of seats on those committees to political groups be made as indicated in the table below paragraph 16;

(b)                   the seats on other bodies to which the allocation of seats to groups falls to be made by this Council be as indicated in the table below paragraph 18 and all other representation on outside bodies in accordance with the Appendix be decided by the Chief Executive in consultation with the Group Leaders;

(c)                    no seats would be allocated to the ungrouped member;

(d)                   the wishes of the political groups as to filling their respective allocations of seats be noted;

(e)                   the appointments of Chairmen and Vice-Chairmen be confirmed in accordance with the list tabled at the meeting;

(f)                     the terms of reference and functions of committees be adopted as detailed in the report and subject to the aspects relating to the new scrutiny model being reported back to Council;

(g)                   the Monitoring Officer be authorised to make these and any other consequential amendments to the Constitution;

(h)                   that the partial suspension of the rules of proportionality, in respect of the Regulatory Sub-Committee, the River Lugg Internal Drainage Board and the Wye Valley AONB Joint Advisory Committee, be approved.