1CONSTITUTION WORKING PARTY 7TH MAY, 2003 Minutes of the meeting of the Constitution Working Party of the Flintshire County Council held at County Hall, Mold on Wednesday, 7th May, 2003. PRESENT: Councillor R.K. Evans (Chairman) Councillors R.C. Bithell, D.M.D. Clayton, Q.R.H.Dodd, P.G. Heesom, K. Iball, D.G.Parry, H.G. Roberts, Mrs. A. Slowik, N.R.Steele-Mortimer and Mrs. P.J. Walkden. SUBSTITUTES: Councillors J.G. Beard for L.A. Aldridge and R.P. MacFarlane for E.F. Evans. APOLOGY: Councillor E. Hall. IN ATTENDANCE: Monitoring Officer and Principal Administration Officer. 21. MINUTES The minutes of the meeting held on 27th January, 2003, subject to the inclusion of Councillor D.G. Parry in the Members present, were confirmed as a correct record. 22. PUBLIC QUESTION TIME The Working Party considered the report of the Monitoring Officer previously circulated, the purpose of which was to enable the Working Party to consider making recommendations to the County Council on whether or not to introduce a Public Question Time for a trial period. At the previous meeting of the Working Party it was agreed that arrangements be made for representatives of the three main Groups on the Council to attend a Public Question Time at a Local Authority operating such arrangements and report back to the Working Party. Those Members were Councillors R.K. Evans, D.M.D. Clayton, D.G. Parry and T.W. Jones. The report of the Monitoring Officer detailed enquiries made to a number of Local Authorities. It was subsequently agreed that the most appropriate Authority to visit was Manchester City Council and the Members concerned, along with the Monitoring Officer, attended the Public Question Time held prior to the County Council meeting on 2ndApril, 2003. The report detailed how the system operated at Manchester and attached to the report was a set of the questions asked at the meeting held on 2ndApril, 2003, the Rules set out in the Constitution in relation to Public Question Time and a copy of a Notice published by Manchester City Council as part of an attempt to raise awareness amongst Manchester residents. Members noted that where such systems were in operation there was a strict control in relation to time limits for questions. A number of Members felt that the principle of Question Time in a Forum appropriate to Flintshire should be pursued with an appropriate administrative structure to ensure that it was properly utilised. It was also suggested that if such a principle was established, then meetings should be held at various parts of the County and not just at County Hall. Members cited travelling difficulties and general access arrangements as one of the main difficulties. Other Members were not as optimistic about the success of such a scheme and reference was made to the procedure whereby minor Authorities for a number of years had held annual public meetings to allow local residents to address the Council on matters of concern. It appeared that the majority of these had ceased to operate because of a lack of interest. It was also suggested that any questions for the Council could be addressed to the officers in the mobile unit whereby they could be properly pursued. It was also suggested that concerns of the public could be reflected in press coverage. After some discussion, Members felt that there were a number of aspects to be considered and felt that a Panel be established from the Working Party to consider this matter and that the Members who had visited Manchester City Council sit on that Panel. It was suggested that the numbers on the Panel be extended to allow female representation, but the two Members of the Working Party declined the offer to sit on the Panel. In the circumstances, it was agreed that the Panel consist of the four original Members. The Monitoring Officer suggested that the Panel be granted power to obtain information from sources as necessary to complete the task and this was agreed. RESOLVED: That the Panel from the Working Party consisting of Councillors R.K Evans, D.M.D.Clayton, T.W. Jones and D.G. Parry be established and that they be granted powers to obtain information as necessary and report back on options for the introduction of a Public Question Time best suited to the needs of Flintshire. 23. RECORDING OF QUESTIONS AND ANSWERS AT MEETINGS OF THE COUNTY COUNCIL The Committee considered the report of the Monitoring Officer, the purpose of which was to make recommendations for a process to be adopted to prescribe the number and the types of questions would it would be appropriate for Members to ask at meetings of the County Council. The Monitoring Officer reported that at the meeting on 27th January the Working Party considered a request from a Member to reintroduce the practice of recording questions asked by Members on notice at County Council meetings and any replies to be included in those minutes. After a detailed discussion the general consensus was that there should be a means of recording such questions and replies in the minutes. However, it was agreed that the Monitoring Officer should consider the possibility of introducing safeguards to prevent the procedure from being abused should it be reintroduced. There were a number of considerations which were detailed in the report. It was also suggested that questions should be restricted so that they did not relate to certain items and these were detailed in the report. The Leader was unable to be present at the meeting and he had contacted the Monitoring Officer with the suggestion that questions should not be submitted to meetings of the County Council unless in the first instance the Member has written to the appropriate Executive Member or Chief Officer The Monitoring Officer suggested this could be adopted on a Protocol so that all avenues could be explored before the matter was submitted to County Council and so that the Executive Member or the Director concerned had a reasonable opportunity to provide the requested information. Reference was made to the new role of Members following the introduction of Executive functions and the new facilities to be introduced for Members' support which will assist Members in pursuing questions with Executive Members and officers. Accordingly, Members should only need to ask questions in County Council meetings if they have not received a reply or the reply is inadequate. Members suggested that if questions and answers were recorded then it could avoid the repetition of similar matters being put to the Council. Members also suggested that there ought to be a system to allow Members to bring matters of concern into the public domain. In considering the criteria on which questions could be asked, Members considered the suggestions of the Monitoring Officer and after some debate, agreed that those suggestions numbered (v) and (vii) be removed. Members also felt there should be a maximum number of three questions per Member permitted for each Ordinary Council meeting. The Monitoring Officer also emphasised that if a limit to the number of questions was agreed any additional questions above the limit would receive a full response in writing. Members felt that it would also be appropriate for a protocol to be prepared and that it would be useful if this was discussed by the Panel of the Working Party established to consider the items referred to in minute number 22 above. RESOLVED: (a) That the Monitoring Officer note the Working Party's recommendations whereby the number of questions for each Member at an ordinary meeting of the Council be restricted to three, that the questions be restricted with the recommendations detailed in the report of the Monitoring Officer with the exception of those items numbered (v) and (vii). (b) That the Member Panel consider a protocol relative to this issue. 24. CALL-IN PROCEDURE The Chairman indicated it was agreed for this item to be brought forward to allow Councillor J.O. Jones to address the meeting. Councillor J.O. Jones had requested that consideration be given for the decision of the Executive to be sent to all Members of the Overview and Scrutiny Committees. The Chairman allowed Councillor Jones to expand upon his reasons for that request. The Monitoring Officer explained the reason for the request and particularly the provision in the Constitution whereby four Members of the Council were empowered to call-in Executive decisions. At present, the decision of the Executive was only conveyed to the Chairs and Vice-Chairs of the Overview and Scrutiny Committees. Councillor Jones referred to the time limit whereby call-in had to be implemented and that if Members were not aware of the decision, time could elapse before they had an opportunity to seek a call-in. Members were sympathetic to the views of Councillor Jones but some were concerned at the increased administrative burden arising from this suggestion. Members again commented upon the suitability of electronic mail for conveying such decisions if an appropriate system were in place. However, Members accepted that only certain Members were conversant with this system and a further suggestion was that such decisions could be left in Group rooms. However, not all Members visited County Hall on a daily basis and again could lose out on the time factor for these questions. Members also commented that if it went to all Members of the Scrutiny Committees, very few Members of the Council would be left without being informed of the decision and in the circumstances it was felt that if the decisions were to be conveyed, then they should be to all Members of the Council. Whilst supporting the principle, Members also expressed concern with the timescales identified if it gave officers a reasonable opportunity to prepare decisions for despatch. The Monitoring Officer explained that the Constitution allowed for these to be prepared normally within two days and it was generally agreed that the wording of the Constitution gave a degree of flexibility to address such matters. RESOLVED: That the Council be recommended to agree that all Records of Decision from the Executive be conveyed to all Members of the Council at the same time as they are conveyed to the Chairs and Vice-Chairs of the Overview and Scrutiny Committees. 25. FREEDOM OF INFORMATION ACT 2000 The Monitoring Officer reported upon a request from Councillor D.M.D. Clayton to incorporate the Council's approved scheme under this Act as part of the Constitution. RESOLVED: That the request from Councillor D.M.D. Clayton be supported. 26. ADJOURNMENT OF MEETING The Chairman adjourned the meeting at this stage because a number of Members had other appointments to attend. 27. DURATION OF MEETING The meeting commenced at 10.00 a.m. and ended at 12.35 p.m. ........................................................ Chairman SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL'S CODE OF CONDUCT CONSTITUTION WORKING PARTY DATE: 7TH MAY, 2003 MEMBER ITEM MIN NO. REFERS NO DECLARATIONS WERE MADE
