Agenda item

(a)       That the proposed changes to the constitution as shown in Appendices A, B and C be approved;

(b)       That the Constitution Committee be given power to revoke bye-laws as well as to review, amend and create bye-laws;

(c)        That the term of office for the lay member on the Audit Committees be from the first County Council meeting following the annual general meeting after the County Council elections until the first County Council meeting after the annual general meeting following the next County Council elections; and

(d)       That each Committee appoint one of its Members as Vice-Chair at the first meeting following the annual general meeting.

The Head of Legal and Democratic Services introduced a report to propose amendments to the Constitution to reflect changes approved by Flintshire County Council at its annual general meeting on the 15 May, 2012.

            With respect to the Audit Committee detailed provision had been made for the appointment of the lay members by suggesting their term of office to run from the first full Council meeting after the annual general meeting in the year of the County Council elections until the first County Council meeting after the annual general meeting following the next County Council elections.  Also at the annual general meeting it had been decided that the Committees themselves should appoint their own Vice-Chairs.  If the Council wanted that practice to continue then the Constitution would need to be amended accordingly.

            Councillor A.P. Shotton, Leader of the Council proposed that the Council approve the recommendations as outlined within the report and also support the suggestions on the terms of office of the lay member of the Audit Committee and that each Committee appoint one of its Members as Vice-Chair at the first meeting following the annual general meeting.  The proposal was seconded by Councillor J.B. Attridge.

            Councillor P.G. Heesom sought advice from the Head of Legal and Democratic Services on whether the Chair and Vice Chair of the Licensing Committee should be a Member of a Non-Executive Group as he believed that there had been a Welsh Government guideline limiting appointments.

            The Head of Legal and Democratic Services advised that he was not aware of such a directive and reported that as the principle of Executive Groups had been created as part of the Local Government Measure 2011 (‘the Measure’), such a restriction was unlikely to have been in force before that time. 

            Councillor R.B. Jones raised concerns on the terms of reference of the Audit Committee which duplicated the terms of reference of the Corporate Resources Overview and Scrutiny Committee.  Councillor R.J.T. Guest also raised similar concerns stating that the duplicated terms of reference could cause confusion.  He also said that the Leader of the Council had not provided a rationale on why the Chair of the Licensing Committee should not be given to the largest opposition group.  He proposed an amendment that the Council not support the amendment to the Constitution with regard to the Chair of the Licensing Committee and also that the decision on the terms of reference for the Audit Committee be deferred until the necessary guidance on the Measure had been received from the Welsh Government (WG).

            The Chief Executive explained that there needed to be a clear understanding of the roles of both the Audit Committee and Corporate Resources Overview and Scrutiny Committee and that it was feasible to hold complementary functions across the two Committees.  He commended the Overview and Scrutiny Committee on its valuable role in the budget monitoring and observed that the Audit Committee, alone, would not have sufficient time to fulfil this role given its demanding terms of reference.  The Head of Legal and Democratic Services explained that the amendments to the proposal were not valid as the decision on the Chair of the Licensing Committee had been a Council resolution within the last six months, and the Council could potentiality be in breach of the legislation if they did not agree the terms of reference of the Audit Committee in line with the Measure.

            Councillor P.G. Heesom raised concern that the political balance of Committee’s was calculated across all Members of the Council even though Cabinet Members could not sit on any other Committee.  He said he had previously raised this issue and sought clarification from the Monitoring Officer on this matter following the meeting. 

            Councillor L.A. Aldridge suggested that Mr. Frank Cuthbert be invited to provide all Members with additional information on the Measure to reduce the risk of misinterpretation. 

            The Chief Executive advised that further guidance was due to be published by the WG and proposed that in the interim the Council proceed with the recommendations, to be compliant with the Measure, and that the Chairs of the Audit Committee and Corporate Resources Overview and Scrutiny Committee be advised on how to best manage their complementary roles to avoid duplication of effort.  

RESOLVED:

(a)       That the proposed changes to the constitution as shown in Appendices A, B and C be approved;

(b)       That the Constitution Committee be given power to revoke bye-laws as well as to review, amend and create bye-laws;

(c)        That the term of office for the lay member on the Audit Committees be from the first County Council meeting following the annual general meeting after the County Council elections until the first County Council meeting after the annual general meeting following the next County Council elections; and

(d)       That each Committee appoint one of its Members as Vice-Chair at the first meeting following the annual general meeting.