Agenda item

To consider recommendations to Council from the Governance and Constitution Committee in respect of the following matters:-

a.  Police Authority Representation on the Sustainable Communities  Scrutiny  Committee (Pages 27-32)

b.  Cabinet Support Members (Pages 33 -38)

c.  Questions at Council (Pages 39 - 42)

Consideration was given to the recommendations to Council from the Governance and Constitution Committee in respect of the following matters:

(a)               Police Authority Representation on the Sustainable Communities  Scrutiny Committee

The Governance and Constitution Committee, at its meeting on 19 November 2009 had considered proposals for Police Authority representation on the Sustainable Communities Scrutiny Committee.

The Council had designated the Sustainable Communities Scrutiny Committee as the Committee to discharge the Council’s responsibilities for crime and disorder functions, in accordance with Section 19 of the Police and Justice Act 2006. The Home Office had issued guidance in connection with Sections 19 and 20 of the Act which stated that ‘Local Authorities should, in all cases, presume that the Police Authority should play an active part at committee when community safety matters were being discussed and particularly when the Police were to be present’.

The guidance contained three options for ensuring Police Authority involvement in community safety matters. The Governance and Constitution Committee had considered the merits of each in relation to the circumstances of Cheshire East Council and its representation on the Police Authority. Option 2, which involved issuing the Police Authority with a standing invitation to attend the Sustainable Communities Scrutiny Committee as an ‘expert adviser’, appeared to give the Police Authority flexibility to send different representatives to individual meetings of the Scrutiny Committee, depending on the subject matter before the Committee.

The guidance also recommended developing a protocol between partners.

RESOLVED

1. That Cheshire Police Authority be informed that the Council supports the appointment of a Police Authority representative to the Sustainable Communities Scrutiny Committee, in accordance with option 2 as contained in the Home Office Guidance on Sections 19 and 20 of the Police and Justice Act 2006.

2. That the Borough Solicitor be authorised to make such changes to the Council’s Constitution as he considers necessary to give effect to the wishes of Council to recognise that Cheshire Police Authority receives a standing invitation to attend meetings of the Sustainable Communities Scrutiny Committee, in order for the Police Authority representative to act as an ‘expert adviser’ in respect of Community Safety matters.

3. That the Sustainable Communities Scrutiny Committee be requested   to develop a Protocol which sets out the mutual expectations of Scrutiny Members and partners in connection with the involvement of the Committee in the Community Safety Scrutiny Process.

(b)  Cabinet Support Members

The Governance and Constitution  Committee, at its meeting on 19 November 2009, considered proposed changes to the arrangements for Cabinet Support Members in relation to Scrutiny committees.

All four Cabinet Support Members had been appointed as members of overview and scrutiny committees.

It was felt, for reasons set out in the report, that there was potential for conflict between the role of the four Cabinet Support Members and their membership of overview and scrutiny committees, due to the executive nature of their role, albeit without direct responsibility for executive decision-making.

RESOLVED

1. That Cabinet Support Members should not be permitted to be members of Overview and Scrutiny Committees  and accordingly, the following Members should not take their place(s) on Overview and Scrutiny Committees:

2. That nominations be sought from the Conservative Group to fill the vacancies on each of the above Overview and Scrutiny committees;.

3. That the Borough Solicitor be authorised to make such changes to the Constitution as he considers necessary to give effect to the wishes of Council.

(c)   Questions at Council

At its Chairman’s request, the Governance and Constitution Committee, at its meeting on 19  November 2009 had reviewed the current arrangements with regard to questions by Members at Council meetings.

The current Rules provided for Members to ask questions at Council of the Mayor, the appropriate Cabinet Member, or the Chairman of a Committee, about a matter for which the Council, the Cabinet or the Committee had powers, duties or responsibilities (Council Procedure Rule 11.1). Questions had to be provided in writing at least three clear working days before the meeting (Council Procedure Rule 11.3).

The Rules provided for the questioner to ask a supplementary question which related to the initial answer. 

The Governance and Constitution Committee resolved:-

That Council be recommended to agree that the provision giving Members the right to ask supplementary questions at Council meetings be removed from the Constitution.

The above recommendation was moved and seconded.

An amendment to the motion to refer this matter back to the Governance and Constitution Committee, so that an agenda item could be prepared to give an analysis as to why this motion had come forward, with reasons, was then moved and seconded.

(The Mayor accepted a point of order, which questioned the appropriateness of this motion being moved as an amendment and the matter was, therefore, put as a Motion without Notice under Appendix 1, Rule 4, Council Procedure Rule 10 of the Constitution).

A request for a recorded vote was submitted and duly supported, in accordance with the provisions of Council Procedure Rule 15.2 of the Constitution.

The amendment was put to the meeting with the following results:-

The motion was declared not carried, with 16 votes for and 52 against.

The recommendation of the Governance and Constitution Committee was then voted upon.

RESOLVED

That the provision giving Members the right to ask supplementary questions at Council meetings be removed from the Constitution.