Agenda and minutes

Constitution Committee - Thursday, 29th April, 2021 10.30 am

Venue: Virtual Meeting

Contact: Paul Mountford  Tel: 01270 686472 Email:  paul.mountford@cheshireeast.gov.uk

Link: Meeting Recording

Items
No. Item

22.

Declarations of Interest

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

Minutes:

There were no declarations of interest.

23.

Public Speaking Time/Open Session

In accordance with paragraph 2.32 of the Committee Procedure Rules, a period of 10 minutes is allocated for members of the public to address the meeting on any matter relevant to the work of the Committee. Individual members of the public may usually speak for up to 5 minutes. However, if there are a significant number of speakers, the Chairman may exercise his discretion to modify the amount of time allocated to each speaker in order to accommodate everyone wishing to speak.

 

Members of the public wishing to ask a question or make a statement at the meeting should provide at least three clear working days’ notice in writing and should include the question with that notice. This will enable an informed answer to be given.

 

Minutes:

Sue Helliwell asked who would answer public questions at meetings under the new committee system. She also felt that not allowing the same question to be submitted to a meeting of Council during the preceding 6 months denied residents the right to ask a question.

 

The Chairman undertook to provide a written response.

 

24.

Member Speaking

A period of up to 20 minutes will be provided at the meeting to enable visiting members to speak or ask a question in relation to any matter on the agenda. The Chairman will determine the amount of time allocated to each member based on the number of members wishing to speak. The Chairman will have discretion to vary the arrangements if he considers it appropriate.

 

Any visiting member wishing to speak or ask a question at the meeting is asked to give notice in writing at least three days before the meeting. This will assist the Chairman in managing the business of the meeting.

 

Minutes:

Councillor D Marren referred to minute 13 of the minutes of the previous meeting relating to the community governance review and clarified that his proposal was that any referendum would be conducted by means of a postal ballot.

 

25.

Minutes of Previous meeting pdf icon PDF 91 KB

To approve the minutes of the meeting held on 6th April 2021.

Minutes:

The Committee agreed two minor additions to the minutes as follows:

 

Minute 10 – Public Speaking Time: The reported comments of Councillor Les Horne, Chairman of Minshull Vernon and District Parish Council, to include reference to the fact that the proposed changes under the community governance review were opposed by local residents.

 

Minute 14 – Calendar of Meetings 2021-22: The inclusion of the officers’ advice given at the meeting that the calendar of meetings was flexible and that committee chairmen would be able to approve additional meetings as and when it was considered appropriate.

 

RESOLVED

 

That the minutes of the meeting held on 6th April 2021, with the additions, be approved as a correct record.

 

26.

Scheme of Members' Allowances: Report of the Independent Remuneration Panel (IRP) pdf icon PDF 99 KB

To consider the Independent Remuneration Panel’s review of Cheshire East Council’s Scheme of Members’ Allowances.

Additional documents:

Minutes:

The Committee considered the Independent Remuneration Panel’s review of Cheshire East Council’s Scheme of Members’ Allowances.

 

There was a view that the information in the Panel’s report was insufficient to make a recommendation to Council at this time. In particular, members wished to see the comparator data referred to in the report in relation to the mayoralty and opposition spokespersons. It was therefore proposed that the report be referred to the Corporate Policy Committee for consideration with a view to that Committee making recommendations to full Council at its meeting on 22nd June 2021.

 

RESOLVED

 

That

 

1.    the IRP report be noted and referred to the Corporate Policy Committee for consideration; and

 

2.    the Corporate Policy Committee be asked to give specific consideration to the recommended annual index which may be applied to all allowances in the Scheme and to recommend that, if Council chooses to agree such an index, this be applied to the Scheme for a period of 4 years.

 

27.

Transitional Provisions and Future Constitutional Work pdf icon PDF 78 KB

To consider the recommendations of the Constitution Working Group.

Additional documents:

Minutes:

The Committee considered a report on the recommendations of the Constitution Working Group on transitional provisions and future constitutional work.

 

The Committee had deferred consideration of the revised constitution at its meeting on 6th April 2021 with the intention of considering it further at its meeting on 29th April. The Constitution Working Group then met on 16th April and agreed a number of recommendations which would normally have been made to the Committee. However, Council at its meeting on 19th April adopted the constitution and in doing so approved two of the Working Group’s recommendations, namely, the removal of any time limits from the length of meetings and confirmation of the right of access of all staff to the Appeals Committee.

 

The Working Group had also considered that further work should be undertaken on how the public and members could engage with the committee process. The basic policy approach was set out in Appendix 1 to the report. The Working Group had also felt that a clearer understanding was required of the recommendation from the Independent Remuneration Panel to remunerate and recognise a role of ‘opposition spokespersons’. This role did not appear in the constitution and if the post was to be identified and remunerated with a special responsibility allowance there should be clarity as to what that responsibility entailed. An initial draft for consideration was set out in Appendix 2 to the report.

 

The Monitoring Officer informed the Committee that a number of additional changes to the constitution, as outlined in the report, would be submitted to Council for approval at its meeting on 22nd June 2021.

 

There was a suggestion that, in view of its link with the IRP recommendation on special responsibility allowances for opposition spokespersons, the basis for the development of an opposition spokesperson role as set out in Appendix 2 should be referred to the Corporate Policy Committee.

 

Councillor M Asquith suggested an amendment to the public and member engagement protocol issues document in Appendix 1 as follows:

 

The sentence ‘Chairperson’s power to order public speaking’ be amended to ‘Chairperson’s power to sequence public speakers’.

 

RESOLVED

 

That the Committee

 

1.    agrees the basis of a public and member engagement protocol as set out in Appendix 1 to the report, subject to the amendment suggested by Councillor Asquith;

 

2.    refers the basis for development of a non-administration group role in a committee, as set out in appendix 2, to the Corporate Policy Committee;

 

3.    notes that the Monitoring Officer will amend the fees and charges protocol to clarify the compliance with the MTFS;

 

4.    notes the areas of amendment as set out in the additional changes section of the report; and

 

5.    notes that phase 2 work will be undertaken by the Constitution Working Group under the committee system.

 

Before closing the meeting, the Chairman thanked members for their contribution to the work of the Committee, and for their patience over what had been a turbulent period during the pandemic and  ...  view the full minutes text for item 27.