Contact: Jeff Pattison, ext 7321 email: [email protected]

1 Summary

1.1 The County Council's Constitution has now been in place since September 2001. It has been the subject of minor changes since that time, mostly so as to ensure that the Constitution reflects changed working practices.

1.2 The Chairman of Standards Committee and the Leader and Cabinet have also given consideration as to how arrangements in the Constitution can be amended to further improve performance and accountability. This report proposes amendments to the Constitution which it is considered will have this effect.

2 Proposed Changes to the Constitution

2.1 The main thrust of the proposed changes, which are detailed in the Appendix, are intended to have the following effect:-

i. That Standards Committee gives enhanced focus to issues of conduct and behaviour, i.e., its statutory terms of reference, without being deflected by other matters of a performance nature better suited to be dealt with elsewhere.

ii. The Cabinet assume responsibility for current Standards Committee functions which are of a performance nature and for which they can take action.

This would apply, for example, where there are operational lessons to be learned from complaints handling and Ombudsman investigations and where best practice can be shared with all Cabinet Members. The same principle would apply to the Cabinet scrutinising any proposed changes to the Constitution, before they are submitted to full Council for approval, to ensure operational consistency `across the board'.

iii. The establishment of a new Corporate Governance Committee to be appointed by the Council and which would assume responsibility for all aspects of Corporate Governance including the consideration of reports from internal and external audit. Many of these reports, as members will appreciate, relate to operational matters. That being the case, although it is a matter for the Council to make appointments to the Committee it is suggested that senior members be appointed who are in a position to influence the future direction of the Council in a way which is consistent with the principles of good corporate governance. The proposal is that this would be a committee of five, with the Leaders of the three political groups being represented.

iv. The Cabinet also wish the current deputation procedure to be applied to meeting of the Cabinet itself and also to individual Executive Member decision days and this has been accommodated at Part 1 Chapter 3 of the Constitution and also by amendments to the Council Standing Order 21 (Deputations).

v. The position regarding Cabinet collective responsibility has also been clarified. The proposal is that this principle will apply only to decisions taken by the Cabinet as a group, i.e., at formal Cabinet meetings.

vi. A change is proposed to enhance flexibility in the holding of Council meetings. In place of a requirement to hold at least six meetings per year (irrespective of whether there is sufficient business) the proposal is for the Council to hold "up to" six meetings per year.

2.2 In addition to these main themes, the opportunity has also been taken to propose other consequential and minor changes to the Constitution so as to keep the Constitution up to date.

2.3 As mentioned above, all changes have been specifically referred to in the Appendix and, other than those changes which clearly reflect the above themes, a short explanation has been given of them.

2.4 Members are therefore recommended to endorse the proposed changes to the Constitution for approval by the full Council.

3 The role of the County Council

3.1 Part 1 Chapter 4 of the Constitution sets out those functions which are reserved to the County Council for decision. Many of these functions relate to plans and strategies which were current at the time that the Constitution was adopted but are now either obsolete or no longer produced. Furthermore, regulations at that time required the Council to formally adopt nine plans or strategies and this has now been reduced to two as a result of the Council's C.P.A. "Excellent" status.

3.2 On the other hand, there are other plans and strategies which have come to the fore since September 2001 and for which a formal approval process should be agreed in the sense of whether they should be for decision by the Council or the Cabinet. In addition to this, other regulations provide that certain functions cannot be the sole responsibility of the Executive. The appropriate decision-making process therefore needs to be resolved.

3.3 In these circumstances it would be appropriate for the Cabinet, at a future meeting, to consider the policy framework for the Council and the decision-making process prior to consideration by the Council. The likelihood is that this will result in future changes to Part 1 Chapter 4 of the Constitution.

4 Local Code of Conduct for Councillors and Officers dealing with planning matters

4.1 Members will recollect that at their meeting on the 28 October 2003 they considered and recommended to the Council that a revised Planning Probity Code be adopted.

4.2 The revised Code was considered by the Council at its meeting on 27 November 2003 and adopted with the exception of paragraph 4.2. Paragraph 4.2 concerned the situation about members of Regulatory Committee pre-determining planning applications prior to consideration by the Committee and read as follows:-

"4.2 Taking account of the need to make decisions impartially and only after having heard all the relevant evidence and arguments at Committee, Members should not openly and finally declare which way they intend to vote in advance of the Regulatory Committee meeting. To do so without all relevant information and views would be unfair and prejudicial and may amount to maladministration. If Members are in a position with regard to any matter where they do consider the need to express an opinion, they should make it clear that this is a preliminary view and that they will only be in a position to take a final decision after having heard all the relevant evidence and arguments at Committee. If the Member feels that the public would believe he/she had come to a conclusive view on a planning matter before the meeting, then he/she should not take part in the debate on, or vote on the issue."

4.3 There was much discussion and concern about the provision and the Leader of the Council undertook to make further external enquiries before the matter was referred back to Standards Committee for further consideration.

4.4 The Leader of the Council, as reported to the Council at is last meeting on 20 May 2004, has concluded his enquiries and circulated a letter to all members. In this letter, the Leader confirmed that the advice contained in paragraph 4.2 of the revised Code of Conduct was correct.

4.5 In these circumstances, presumably the Committee would wish to re-affirm its acceptance of paragraph 4.2 of the revised Code and request the Council to formally adopt it.

5 Recommendations

That the County Council be recommended to

i. Approve the proposed changes to the Constitution as set out in the Appendix to this report.

ii. Establish a Corporate Governance Committee with terms of reference suggested in the Appendix to this report and a composition to be agreed by the Council.

iii. That the Head of Corporate and Legal Services and Monitoring Officer be authorised to make any minor changes to the Constitution of a `tidying up' nature.

iv. Approve paragraph 4.2 of the local Code of Conduct for Councillors and officers dealing with planning matters as set out in this report.

Section 100D - Local Government Act 1972 - Background Papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1. Published Works

2. Documents which disclose exempt or confidential information as defined in the Act.

None.