Agenda item

To consider a report by the Monitoring Officer / Deputy Monitoring Officer (copy attached) for comments and adoption of the new Wales Model Constitution.

 

The Monitoring Officer/Head of Legal, HR and Democratic Services (MO/HLHR&DS), presented the report (previously circulated) for Members to consider the new Wales Model Constitution for comments and adoption.

 

It was the legal responsibility of the Full Council to adopt the Constitution in accordance with the Local Government Act 2000.

 

Over the past 12 months, a Constitution Working Group, consisting of cross party representation had met to consider the proposed changes, prior to the Monitoring Officer reporting each step of progress to the Corporate Governance Committee.

 

A Member Workshop had also been held in March 2016 in order to introduce the wider membership to the proposed new Constitution and to debate and enable the Monitoring Officer to obtain a steer on the changes proposed.

 

Members’ attention was drawn in particular to the following changes:

·       Extended Definition Section

·       Section 2 (2.6) – Authority for Monitoring Officer to make minor changes to the Constitution

·       Section 3 – set out how members of the public could obtain information and become involved

·       Section 4 (4.2) – Updated Policy Framework

(4.13.2) – Clarification of duration of meetings

(4.16) – Clarification of Quorum

(4.17) – remote attendance not allowed at any meeting, committee or sub-committee at the present time

(4.18) – questions by the public – limited to 30 minutes

·       Section 7 – additional explanation of process paragraphs inserted

·       Section 9 – List of all the regulatory and other Committees including the Joint Committees

·       Section 11 – Set out who were the statutory “Proper” Officers of the Council together with their functions and areas of responsibility

·       Section 12 – Finance, Contracts and Legal matters and removing the requirement for the Chair/Vice-Chair of the Council to sign each and every contract or property transaction made under seal

·       Section 13 – set out the revised Cabinet Member Scheme of Delegation and revised Officer Scheme of Delegation

·       Section 17 – Contract Procedure Rules – changes added at 2.7

·       Section 18 – recently approved Members’ Code of Conduct inserted

(18.3) – amended Protocol for Members/Officer Relations

(18.4) – new Whistleblowing Policy inserted

(18.8) – updated and approved Code of Best Practice for Councillors and Officers dealing with Planning matters inserted

·       Section 20 – Members’ Schedule of Remuneration updated and inserted.

 

Discussion took place and the following points were raised:

 

·       Councillor Hugh Irving requested that the Nolan principles be incorporated within the Constitution.  The MO/HLHR&DS explained that in Wales the Conduct of Members (Principles)(Wales) Order 2001 was in use which contained an additional three principles to the Nolan principles. Councillor Hugh Irving PROPOSED that the Conduct of Members (Principles)(Wales) Order 2001 be incorporated within the Constitution, SECONDED by Councillor Martyn Holland.

·       Members questioned the delegated decisions aspect of the Constitution as they were unsure whether they would be notified of any prospective delegated decision.  It was clarified that the Lead Members delegated decisions would be sent to all Members prior to the report being made, with a request for representations and comments.  Once the decision had been made, if Members did not agree with the decisions then the “call-in” process would apply if necessary.

·       The MO/HLHR&DS confirmed that once guidelines were set out regarding key and non-key decisions, the draft guidelines would then be presented at Corporate Governance Committee.

·       Councillor Alice Jones questioned whether the Scrutiny process was robust enough. Councillor Jones stated she had put in a Scrutiny request in February but had allegedly received no response.   She recommended that Section 7 within the Constitution be re-visited to ensure Scrutiny became more effective.  The Chair of the Scrutiny Chairs and Vice-Chairs Group, Councillor Huw Hilditch-Roberts responded to Councillor Jones with an explanation that the initial request had been regarding an individual issue and that further information had been requested to ascertain how it affected the whole of Denbighshire.  The MO/HLHR&DS confirmed that he would consider any issues Members relayed to him.  Councillor Alice Jones PROPOSED that Section 7 (Scrutiny) be revisited, but the remainder of the Constitution be noted and agreed.  SECONDED by Councillor Arwel Roberts. 

·       Councillor Barbara Smith extended thanks to all Members of the Working Group, the Head of Legal, HR & Democratic Services and staff for the excellent work.  The new Constitution had been a contribution of work from both Councillors and Officers.  It was a living document which could be changed and adapted if and when necessary.

·       The Leader, Councillor Hugh Evans expressed his gratitude on the work carried out on the Constitution.  This document would be in place to ensure decision making would not be delayed.

·       The Chief Executive expressed to Members the importance of having a Constitution and to also keep the document under review.  Members were encouraged to propose suggestions how to improve the document.

 

The MO/HLHR&DS clarified that the first amendment proposed by Councillor Hugh Irving regarding the Conduct of Members (Principles)(Wales) Order 2001 would be voted on in the first instance, followed by the amendment by Councillor Alice Jones regarding Scrutiny.  Following those two votes, then the substantive vote on the Constitution would be taken.

 

Therefore, the vote to incorporate the Conduct of Members (Principles)(Wales) Order 2001 within the Constitution took place:

 

VOTE:

For – 27

Abstain – 0

Against – 0

 

Amendment agreed to include the Conduct of Members (Principles)(Wales) Order 2001 within the Constitution.

 

The vote for Section 7 (Scrutiny) of the Constitution to be reviewed and a further report be brought back to Council in October but the rest of the Constitution be agreed, took place:

 

VOTE:

For – 9

Abstain – 1

Against – 16

 

Amendment refused.

 

The vote on the substantive recommendation including the insertion of the Conduct of Members (Principles)(Wales) Order 2001 took place:

 

VOTE:

For – 23

Abstain – 2

Against – 1

 

RESOLVED that Council note and adopt the Constitution together with the inclusion of the Conduct of Members (Principles)(Wales) Order 2001.