Agenda item

To consider a report by the Monitoring officer (copy enclosed) updating members on the Council’s Constitution and a review of its provisions, in particular, the application of political balance to the composition of the Cabinet.

The Monitoring Officer (MO) introduced the Annual Report on the Constitution including the terms of reference (previously circulated) providing members with a review of its provisions, in particular, the application of political balance to the composition of the Cabinet.

 The MO confirmed that the Corporate Governance Committee is as part of its terms of reference required to monitor and review the Council’s Constitution. The report provided to members referred to updates to be made to the Constitution to take into account decisions of Council and Cabinet and any legislative or operational changes that had taken place since the last review.

It was highlighted that Council had passed a motion on 23^rd October 2018 to ask Corporate Governance Committee to consider options on how the Constitution could be changed to remove the requirement for political balance in the Cabinet and report its conclusions to Full Council on 19^th February 2019.

The MO guided members through Appendix 4 to the report, which highlighted the proposed changes to the constitution.

Members observed a complaints report had been regularly presented to Performance Scrutiny for debate with an annual overview of the complaints procedure received. 

Members were in agreement that the Corporate Governance Committee should receive an annual report monitoring the complaints procedure and identifying any trends that may need to be considered. It was noted that any matters arising from such a report could be referred to Scrutiny Chairs and Vice Chairs to determine whether further scrutiny was required...

Members and the Chair confirmed they were in agreement with the proposed amendments.

The MO guided members through Appendix 1 to the report, which outlined the form and composition of the Cabinet. The current model adopted by Denbighshire was that of a ‘strong leader model’ in which the Leader has the authority to appoint Cabinet members.

It was confirmed that Denbighshire County Council was the only authority in Wales to have a requirement for a politically balanced Cabinet. There is no legal obligation for the Cabinet to remain politically balanced.

Following an in-depth debate the following points were discussed in greater detail:

·         Members were in agreement that the Strong Leader Model was the most appropriate model to elect Cabinet members.

·         All political parties had an input into the decision making process. Observers had been invited to talk and debate on matters at Cabinet. Members raised concerns that Denbighshire had been the only authority in Wales to have the political balance requirement.

·         It was agreed that change had to be for the better. If change was agreed the outcome would have to provide better outcomes for residents of Denbighshire.

The majority of members felt the removal of the political balance requirement in the Cabinet would allow the Leader a wider scope of individuals to appoint on the Cabinet and provide more knowledge and expertise.  Members noted that all had a role in decision making.

The Chair thanked officers for the detailed report and work that had been presented. Members appreciated the complexity of the subject.

Members proposed to recommend to Council the removal for the requirement of political balance with the continuation of the Strong Leader model adopted. Members voted and the proposal stood. It was therefore;

RESOLVED, that members

i.              Recommend to Council the removal of Political Balance in the Cabinet and that the “Strong Leader” model be adopted;

ii.            agree the proposed changes to the Constitution as stipulated in Appendix 3 and 4 to the report.