Council Meeting, 22 July 2004

REPORT OF THE

STANDARDS COMMITTEE

PART 1

PROPOSED CHANGES TO THE CONSTITUTION.

1. Following an extensive review, and in order to improve performance and accountability, the Committee recommends that a number of amendments (as detailed in the appendix to this report) be made to the Constitution. The main thrust of which is intended to:

(i) allow the Standards Committee to focus on issues of conduct and behaviour by transferring its current responsibilities regarding governance to a new Governance Committee, and those aspects of a performance nature to the Cabinet.

(ii) expand the application of the current deputation procedure to apply to individual Executive Member Decision Days and meetings of the Cabinet.

(iii) clarify the situation with regard to the principle of `collective responsibility', which is proposed only to apply to those decisions taken at a formal Cabinet meeting and not those decisions taken by an individual Executive Member;

(iv) enhance the flexibility in the holding of Council meetings by replacing the current requirement to hold at least six meetings per year (irrespective of whether there is sufficient business) with a proposal to have `up to' six meetings per year.

2. In addition to those proposals mentioned above a number of other minor amendments set out in the appendix, are also recommended.

3. Since the adoption of the Constitution in September 2001 it has been the role of the Council to approve a variety of plans and strategies which make up the policy framework. However over time some of these plans have become obsolete or are no longer produced and others plans have come to the fore for which formal agreement needs to be gained (either from Cabinet or Council). The Committee therefore proposes that the Cabinet undertake a review of those plans and strategies which comprise the policy framework for consideration by a future meeting of the Council.

4. At its meeting of 27 November 2003 the Council approved a Local Code of Conduct for Councillors and Officers dealing with planning matters, with the exception of paragraph 4.2 which 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 misadministration. 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."

The Leader of the Council has since undertaken external enquiries on the matter, the results of which were reported to the Council on 20 May 2004; it was confirmed that the advice contained in paragraph 4.2 of the revised Code of Conduct was correct. The Committee therefore re-affirms its acceptance of paragraph 4.2 of the revised Code of Conduct and recommends the Council to formally adopt it.

RECOMMENDATION

(i) That the proposed changes to the Constitution as set out in the appendix to the report be approved.

(ii) That a Governance Committee, with terms of reference as suggested in the appendix to the report and a composition to be agreed by the Council, be established.

(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) That approval be given to paragraph 4.2 of the local Code of Conduct for Councillors and officers dealing with planning matters as set out in the report.

COLIN DAVIDOVITZ,

Chairman.