| Minutes: | 1CONSTITUTION WORKING PARTY 30TH JUNE, 2003 Minutes of the meeting of the Constitution Working Party of the Flintshire County Council held at County Hall, Mold on Monday, 30th June, 2003. PRESENT: Councillor R.K. Evans (Chairman) Councillors L.A. Aldridge, D.M.D. Clayton, E.F. Evans, P.G. Heesom, K. Iball and Mrs. P.J. Walkden. SUBSTITUTES: Councillors K.W. Richardson for R.C. Bithell, J.F. Jones for M.Matthews, A. Davies for D.G. Parry and R.G. Hampson for Mrs. A. Slowik. APOLOGIES: Councillors Q.R.H. Dodd, E. Hall and H.G. Roberts. IN ATTENDANCE: Monitoring Officer and Principal Administration Officer.
28. MINUTES The minutes of the meeting held on 7th May, 2003, were approved as a correct record.
29. PUBLIC QUESTION TIME The Committee considered the report of the Monitoring Officer, the purpose of which was to consider the recommendations of a Panel established to consider and report back on options for the introduction of a public question time best suited to the needs of Flintshire. The Monitoring Officer reported that the Panel had previously visited Manchester City Council to observe its public question time and subsequently met on the 17th June, 2003 to consider how a public question time, if introduced in Flintshire, should be established. The Panel considered a number of suggestions but concluded that the most appropriate type of public question time would be one prior to each County Council meeting along similar lines as the question time operated by Manchester City Council. The Monitoring Officer reported that the Model Constitution for Welsh Unitary Authorities provided a good starting point and if combined with the procedure operated by Manchester City Council would in the Panel's view provide an appropriate procedure for adoption in Flintshire. It was the Panel's view that any public question time should be immediately before scheduled ordinary meetings of the County Council. The time allowed for questions should not exceed 30 minutes and responses should be made by the Leader and Members of the Executive as appropriate. For that reason it was felt important that any recommendation should be made direct to the Executive in the first instance. In considering the nature of the questions that should be permitted a number of exceptions were mentioned and these were identified in the draft procedure rules which were attached as an Appendix to this report. The Panel also felt it important that if public question times were to be introduced, sufficient publicity should be arranged to raise public awareness as to its existence. The Panel felt that in addition to leaflets which could be circulated to Libraries, other public buildings and Community Councils, information could also be provided on the Infonet. Councillor Q.R.H. Dodd who could not be present at the meeting had spoken to the Monitoring Officer earlier in the day and suggested that para. 10.04 be amended to allow a person to submit two questions for consideration at any public question time. However, the Working Party felt that one was appropriate. It was also noted that in para. 10.07 that the words "County Secretary" should replace "Chief Executive". In considering the trial period for the introduction of such a scheme, the Working Party suggested that it be until the end of the current municipal year. RESOLVED: That the Executive and County Council be recommended to introduce for a trial period until the end of the current municipal year a public question time prior to each scheduled meeting of the County Council in accordance with the draft procedure rules attached to the report, subject to the amendments mentioned above and that appropriate publicity be given to raise public awareness of the facility.
30. RECORDING OF QUESTIONS AND ANSWERS AT MEETINGS OF THE COUNTY COUNCIL The Working Party considered the report of the Monitoring Officer, the purpose of which was to consider the views of the Panel requested to consider draft guidance to be issued to Members about asking questions at County Council meetings. The Monitoring Officer reported that it was agreed to recommend the re-introduction of the practice of recording questions raised together with replies in the minutes of County Council meetings. However, the Working Party at that time considered that no Member would be entitled to have more than three such questions recorded in the minutes but would nevertheless be given a written response to all questions that were raised. It was also agreed to recommend restrictions on questions so that no question could be raised to a number of issues and these were identified in the report. The Panel met on 17th June, 2003 to consider the introduction of appropriate guidance and a copy of the draft agreed by the Panel was attached to the report. Prior to the meeting, Councillor Q.R.H. Dodd, who was unable to be present, suggested to the Monitoring Officer that an amendment be made to paragraph 4 of the protocol whereby because of restriction of time limits and the imposition of restrictions on the number of questions that Members have the right to ask questions at all meetings of the Council and not just scheduled ordinary meetings. In opening the debate, the Leader of the Council, Councillor L.A. Aldridge, stressed that the purpose of this report was not about usurping of power or denying the democratic right of any individual Member of the Council, it was definitely not the intention of the Council to restrict any Member his right to perform those duties. He therefore suggested that there was no limit on the number of questions a Member may ask, that all Members are reminded of what options are available to address those matters before the matter is subject to a question to Council. He referred to the availability of officers, Executive Members, the role of the Overview and Scrutiny Committees and the various Fora. A number of Members shared this view. The Leader also referred to his previous experience whereby questions were quite often submitted to Council when a Member felt that this was a last resort and in these circumstances the appropriate status was given to these questions and allowed a genuine debate. In the spirit of maintaining an open system, Members reiterated the view that all Members of the Council should seek the answers to questions for the correct reasons and not just a means of illustrating their personal efforts. Councillor K. Iball, supported by a number of other Members, indicated that he had never experienced difficulties in obtaining answers and felt that there was a proper way of approaching such matters which achieved results. Councillor Mrs. Walkden also expressed a view that certain Members would never accept the answer they were given whatever the circumstances. The Working Party concurred with the recommendation of the Leader whereby there would be no restriction on the number of questions and in these circumstances felt that this would also address Councillor Dodd's point. RESOLVED: That the County Council be recommended to re-introduce the system whereby questions and answers submitted by Members in accordance with the Constitution are recorded in the minutes and that there be no restriction on the amount of questions that an individual Member can ask but that they be reminded of the various channels that they can pursue the matter before resorting to submitting a formal question to County Council.
31. CLWYD THEATR CYMRU - RELATIONSHIP BETWEEN THE THEATR BOARD AND THE COUNTY COUNCIL The Monitoring Officer reported that this item was referred for discussion to the Working Party at a special meeting of the County Council held on 17th December, 2002. Councillor Heesom indicated that he had concerns at the way the Management Board was operated whereby officers of the County Council had voting powers ahead of Members of the County Council and he felt there was merit in the role of the Board being considered by the appropriate Overview and Scrutiny Committee of the Council. The Leader of the Council reported upon the background to the Council's involvement with the Theatr and its history from when it took over its role from the former Clwyd County Council. He concurred that it was operated on the basis of political balance and commented upon the role of officers in managing the facility on behalf of the administration. He also indicated that he was in the process of arranging a meeting with Alan Pugh AM to discuss the funding of the facility, particularly as it served a much wider area than just the boundaries of Flintshire. The long term solution had yet to be determined and whether it may at some stage be managed entirely by the National Assembly for Wales. Councillor Heesom indicated that there were merits in the facility but felt that it did not operate widely enough to develop the cultural interests of the residents of the County and suggested there should be a greater link up with the Education Service in this respect. Councillor Heesom also referred to the significance of Liverpool being nominated European Capital of Culture for 2008 and felt there could be an active link between the Theatr and this area. The Leader indicated that it was difficult for the Council to take strong views on this when the Theatr was funded substantially by the Arts Council for Wales in the region of £750,000 per annum and as part of that financial package the Theatr had to be operated in a particular way to qualify for that funding. Councillor Heesom suggested that it may be useful to set up an Arts Committee or similar to consider this matter further and the Panel, whilst accepting there were merits in such a suggestion, felt that in view of an explanation given by the Leader there was little merit in attempting to set up such a Committee. Councillor Iball, who had Chaired the Theatr Board in its early years of development, commented upon the situation when the Theatr was first built and then subsequent changes in Government policy regarding funding for the arts. He indicated that in the early days there was a significant input on the educational role but that circumstances had changed which made this much more difficult in recent time. Councillor Clayton concurred with the views of Councillor Iball and also commented upon the level of excellence that had been achieved by the various Theatr Directors who had London based experience which had benefited the development of the Theatr. The Leader of the Council accepted the genuineness of the points raised by Councillor Heesom and suggested that he prepare a series of questions to be put to him and then he would process them via the Executive in the best way that he could. The Chairman indicated that such a facility was open to all Members. The Monitoring Officer clarified the points raised and indicated that the Council was not really in a position to dictate to the Arts Council in view of their funding input to the project. RESOLVED: That the Working Party accept the invitation of the Leader whereby Councillor P.G. Heesom and any other Members if they so wished submit questions to him in relation to the role of Theatr Clwyd and he would process them accordingly.
32. REVIEW OF THE DELEGATIONS TO THE DIRECTOR OF TRANSPORTATION, PLANNING AND THE ENVIRONMENT The Committee considered the report of the Monitoring Officer, the purpose of which was to consider making recommendations for the amendment of the delegated powers given to the Director of Transportation, Planning and the Environment in relation to certain Planning matters. Attached to his report as AnnexA was a copy of the delegations agreed by the County Council on the 17thDecember, 2002. The Monitoring Officer reported that during the first months of operation it was considered that a number of amendments were required to reflect the needs of the Council. Others reflected the needs of the Directorate. The Monitoring Officer made a number of recommendations and these were detailed in the report. Councillor J.F. Jones, who was Chairman of the Planning and Development Control Committee, indicated that he welcomed the suggestion whereby another Member of the Planning Committee could deputise for either the Chair or Vice-Chair on the determination of applications under delegated powers. He felt that this was important to give a degree of flexibility and to ensure there were not unnecessary hold-ups in determining applications and would help the Planning and Development Control Section keep within designated time limits and also would be of great assistance to the public. Councillor P.G. Heesom whilst having no objection to this in principle, felt that there should not be any applications dealt with under delegated powers if they were departure applications. Councillor Jones indicated that in such cases he referred all matters for consideration by the Committee. However, Councillor Heesom suggested and Members concurred that this should be formally included within the Constitution. Councillor Heesom also suggested and was supported by the Leader that where an application had a significant impact on a neighbouring Member's Ward, then they should be also formally consulted as part of the consultation procedure. Councillor Jones was under the impression that this was already the case but Members concurred that it should be included within the Constitution. RESOLVED: (a) That the Council be recommended to amend the delegated powers of the Director of Transportation, Planning and the Environment as follows:- (i) by the addition of further delegation under Council Functions "To consult with the public and organisations on the various stages of the Development Plan Process"; (ii) on page 130 category (t) by substituting the word "permissions" for "persons"; (iii) by replacing the reference to "Planning and Development Division" with the words "Planning Division"; (iv) by including an additional power under the Town and Country Planning Act 1990 to revoke TPOs where appropriate to do so; (v) by adding to the restrictions on exercising delegated powers circumstances where the application constitutes a departure from the Development Plan or where an adjoining Ward Member whose Ward is likely to be significantly affected by the development in question requests in writing during the consultation period that the application be determined by the Planning Committee. (b) That the delegations in relation to planning matters be in the name of the Chief Planning Services Officer. (c) That the delegations in paragraph 1(a) on page 29 and 4 on page 130 be amended to include a section whereby in the absence of the Chairman or Vice-Chairman that another Member of the Planning and Development Control Committee who has received the appropriate Planning training deputise for either the Chairman or Vice-Chairman in their absence.
33. MINORITY REPORTS The Working Party were asked to consider whether the protocol circulated with the agenda adopted by the Overview and Scrutiny Committee should be incorporated into the Constitution. Members concurred with the views of the Monitoring Officer that it should be recorded in full. RESOLVED: That the Council be recommended to include within the Constitution the protocol adopted by the Overview and Scrutiny Co-ordinating Committee.
34. DURATION OF MEETING The meeting commenced at 1.30 p.m. and finished at 2.30 p.m. ........................................................ Chairman SUMMARY OF DECLARATIONS MADE BY MEMBERS IN ACCORDANCE WITH FLINTSHIRE COUNTY COUNCIL'S CODE OF CONDUCT CONSTITUTION WORKING PARTY DATE: 30TH JUNE, 2003 MEMBER ITEM MIN NO. REFERS NO DECLARATIONS WERE MADE |
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