| Minutes: | CONSTITUTION COMMITTEE 9TH APRIL, 2002 Minutes of the meeting of the Constitution Committee of the Flintshire County Council held at County Hall, Mold, on Tuesday, 9th April, 2002. PRESENT: Councillors L.A. Aldridge, J.G. Beard, R.C. Bithell, D. Butler, D.M.D. Clayton, D. Darlington, E.F. Evans, E. Hall, R.G. Hampson, P.G. Heesom, H.T. Howorth, K. Iball, R.K. Jones, T.W. Jones, E.E. Matthews, M. Matthews, D. Messham, D.G. Parry, N. Phillips, A. Popplewell, H.G. Roberts, I.B. Roberts, S. Roberts, N.R. Steele-Mortimer, D.R. Wilkes and G.D. Williams. APOLOGIES: Councillors I.L. Roberts and C. Shone. IN ATTENDANCE: Chief Executive, County Secretary, Assistant County Secretary and Administration Services Manager.
1. APPOINTMENT OF CHAIRMAN RESOLVED: That Councillor I.B. Roberts be appointed Chairman of the Committee. (Councillor I.B. Roberts in the Chair).
2. local government act 2000 - part 2 - constitution A briefing note of the County Secretary, copies of which had been previously circulated to Members at the meeting, was submitted. The purpose of the note was to indicate brief details of the issues requiring consideration by the Committee and also included a copy of the Local Government Act 2000 (Local Authority Constitution) (Wales) Direction 2001 Order and contents for the Flintshire County Council Constitution. Members were reminded by the County Secretary of the previous decisions taken by the County Council concerning Executive arrangements relating to the Leader and Cabinet, Executive functions, Overview and Scrutiny and the County Council, together with Planning Committee, Appeals Committee, Audit Committee, Standards Committee and the Fora. Under the concept the County Council would set the policy framework and the budget, whilst the Executive would implement the policy framework, deliver the Council's services and manage the budget. Overview and Scrutiny would review and scrutinise the actions of the Executive and the other Committees would make recommendations to the Executive and/or the County Council. In relation to the constitution reference was made to Section 37 of the 2000 Act, Welsh Assembly Directions, Modular Constitution and the Flintshire Constitution. Three key issues were identified in the note circulated by the County Secretary. The first related to the County Council cycle and work programmes for the Executive and Overview and Scrutiny in terms of length and content. It was intended that the County Council would receive a work programme before commencement and a report from both Executive and Overview and Scrutiny at the end of a period which the County Secretary suggested could be achieved quarterly. Key issue two related to the nature of County Council meetings which would receive reports from Executive and Overview and Scrutiny to include the work programmes, reports from the other Committees and undertake in depth consideration of polices before adoption. This may mean fewer diaried meetings, more seminar presentations and a special meeting for each plan/policy following a seminar. Key issue three concerned the relationship between Executive and Overview and Scrutiny. Under the modular constitution there were options in relation to call-in arrangements which included restrictions but if there was to be co-operation and confidence then perhaps there should be few limitations with the County Council reserving the right to a review should this become necessary. In relation to urgency provisions this would depend on consultation between the Executive and Scrutiny. A Member for Penyffordd was advised by the County Secretary that the County Council was still the supreme body in relation to policy framework and specific items of business but that it would have no retrospective powers in relation to those functions exercised by the Executive and therefore made reference to the call in role of Scrutiny. The Member for Mostyn made reference to the Chairs of the Scrutiny Committees not being allocated to opposition groups and to a view expressed by the appropriate Minister of the National Assembly on this issue. The Member for Gwernaffield indicated his support for the three key issues and indicated that whilst he accepted the suggested quarterly work programme he did feel that the period may be too short for effective work programming. The Leader of the Council spoke in support of the briefing paper prepared by the County Secretary, made reference to the role of the Fora and indicated that he wished to speak to Group Leaders on Members' allowances. Reference was made by the Member for Bagillt East to the relationship between Executive and Scrutiny whilst the Member for Holywell West made reference to the suggested work programme period. The Member for Mold East expressed his support for the briefing given by the County Secretary and was supported in his comments by the Member for Leeswood. The County Secretary indicated that there appeared to be broad support for the three key issues raised in his briefing paper and he therefore suggested that the meeting should now adjourn to enable further information to be produced for Members on the lines indicated at the meeting and that a further meeting of the Committee should be convened for next week. The Chairman indicated that he supported the recommendation of the County Secretary and adjourned the meeting and advised Members of when it would be reconvened. RESOLVED: That the meeting stand adjourned on the Constitution issue to enable further information to be prepared by the County Secretary and circulated to Members and that it be reconvened to meet on Tuesday, 16th April 2002 commencing at 4.00 p.m.
3. CO-ORDINATING BODY Members were reminded that at the Council meetings held on 29th January and 26th February 2002 it had been decided that the Co-ordinating Body should become a Co-ordinating Committee and that at the meeting held on 26th February 2002 terms of reference were agreed and the matter of determining when the Co-ordinating Body should become a formal committee was referred to this Committee to decide. The Committee when it was formed would consist of 13 Members and would be politically balanced. The Member for Mostyn took issue with the term 'politically balanced' in that by restricting the numbers to 13 not all political groups on the Council would be represented and was supported in his comments by the Member for Holywell West. In response the Assistant County Secretary made reference to the Local Government and Housing Act 1989 which controlled the issue of political balance on Committees and to the effect that this would have on the numbers from each political group on the Committee. The Member for Mostyn raised the issue of the 10 Members of the Executive in relation to the calculation for political balance and was advised by the Chairman that he would receive a reply in writing from the County Secretary. RESOLVED: That the Co-ordinating Body become a formal Committee at the Annual meeting when places were allocated to each of the political groups on the Council.
4. DURATION OF MEETING The meeting commenced at 4.00 p.m. and adjourned at 5.15 p.m. ................................................... Chairman SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL'S CODE OF CONDUCT CONSTITUTION COMMITTEE DATE: 9TH APRIL, 2002 MEMBER ITEM MIN. NO. REFERS NO DECLARATIONS WERE MADE |
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