Archived decisions

PROPOSED AMENDMENTS TO THE CONSTITUTION

1. The Committee has considered the possibility of amending the Constitution in order to make one minor technical correction; to establish a procedure which delegates health scrutiny powers to a joint Committee where consultations on health services extend beyond the area covered by Hampshire County Council; and to make adjustments to the deputation procedure.

2. There is an error at the end of paragraph 10.2 on page 28 of the Constitution, where it states that the River Hamble Harbour Management Committee reports to the Executive Member for Recreation and Heritage. This reference is out of date and should be corrected to read that the Committee reports to the Executive Member for Environment. A recommendation is set out below to make the necessary amendment.

3. Under the Health and Social Care Act 2001, the Government has issued directions to local authorities with health overview and scrutiny powers, requiring them to establish a joint committee with delegated powers in order to consider any proposal from the NHS for substantial variations or development to health services that extend beyond the area covered by Hampshire County Council. The Committee, together with the Health Review Committee, has therefore agreed to recommend a standing arrangement whereby the County Council and its neighbours are able to respond promptly when this situation arises. The practical arrangements and appointment of Members will be entirely a matter for the Health Review Committee, but to give effect to the proposed joint committee an amendment to the Constitution is required and a recommendation to that effect is set out below.

4. With regard to deputations, the Committee has considered several practical issues which have arisen in the operation of the deputation procedure. They have considered the most effective way of handling meetings where there are large numbers of deputations and the possibility that the time needed may extend beyond the hour allowed. They have also considered the possibility that Members of deputations may live just across the county boundary, or may be school/college students who are under 18 and therefore not on the electoral register; and also the possibility that it may emerge at the meeting itself that deputation Members may be elected Parish Councillors or District Councillors and who should, therefore, be excluded. The Committee did not feel it was necessary to make any formal amendment to Standing Order 21 to cover these situations, and they take the view that Chairmen of Committees or Panels should continue to have the discretion to use reasonable flexibility and pragmatism to deal effectively and sympathetically with the numbers and membership of the deputations, given the overall aim of ensuring that the voice of the public is heard. Standing Order 21(f) sets out the six month rule, which the Committee considers to need clarification to the effect that, once a deputation has had its say, then it may not reappear before the County Council or any committee, sub-committee or panel meeting within a period of six months. An exemption is, though, needed to cover the particular circumstances of the Regulatory Committee in determining planning applications. Finally, the deputation procedure needs to be reconciled with the Code of Conduct for Councillors and Officers dealing with planning matters referred to in the preceding item, so that it is apparent that elected Members of Parish and District Councils may take part in deputations in a personal capacity upon specific planning matters in their locality.

RECOMMENDATION:

1. That Part 1, Chapter 10, paragraph 10.2 of the Constitution be amended to read as follows:-

2. That Part 2, Chapter 1, paragraph 1.3 of the Constitution be amended to enable:

· The Health Review Committee to delegate health scrutiny powers to a joint committee and appoint Members when there is an intention by an NHS body to consult on a substantial variation or development to health services that extend beyond the area covered by Hampshire County Council


· The Chief Executive, in consultation with the Chairman of the Health Review Committee, may agree to the formation of such a committee, its membership and terms of reference, if there is insufficient time for that decision to be taken by the Health Review Committee, subject to the details being submitted for approval to the next meeting of the Health Review Committee


· Any joint committee so convened will work to a specific proposal and with clear terms of reference, which will be restricted to consideration and agreeing a response to the proposal on which the committee has been consulted

3. That Standing Order 21(f) be amended to read as follows:

(f) Any deputation which has appeared before the Council, or at any committee, sub-committee or panel established by the Council, shall not reappear at any such meeting within a period of six months on the same or similar topic (except in the case of a deputation to the Regulatory Committee when it is exercising a planning function, in which case a deputation may reappear where an item is adjourned or when there is another similar planning application submitted in respect of the same site).

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