Agenda, decisions and minutes

In response to comments from Councillor Andrew Parkhurst, the Chief Officer (Governance) provided clarification on Constitutional requirements for the Chair of the Committee.  Councillor Parkhurst asked that the minutes record his disagreement with the advice.

Members wished to record their thanks to the former Chair of the Committee, Councillor Rob Davies.

To receive any Declarations and advise Members accordingly.

A personal interest was recorded for all Members present on agenda item 8 (Independent Remuneration Panel for Wales Draft Annual Report).

A personal interest was recorded for all Members present on agenda item 8 (Independent Remuneration Panel for Wales Draft Annual Report).

To confirm as a correct record the minutes of the meeting held on 16 September 2024.

That the minutes of 16 September 2024 be approved as a correct record.

RESOLVED:

That the minutes of 16 September 2024 be approved as a correct record.

To inform the Committee of progress against actions from previous meetings.

That the Committee notes the progress which has been made, including the additional action.

The Democratic Services Manager presented the report (agenda item number 4) on progress with actions from previous meetings.  He agreed to include the action on publishing the model Constitution with updated links and page numbering following translation.

On that basis, the recommendation was approved.

RESOLVED:

That the Committee notes the progress which has been made, including the additional action.

To consider and make recommendations to Council on the proposed scrutiny arrangements for the Corporate Joint Committee.

That the Committee recommends to Council to:

(a)          Establish the North Wales Corporate Joint Committee Joint Overview and Scrutiny Committee (JOSC) with the Terms of Reference as set out in Appendix 1;

(b)          Agree that the powers of local Scrutiny Committees provided for under The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2022 shall be retained;

(c)          Agree the political balance of Flintshire County Council’s nominees to the joint overview and scrutiny committee will reflect the membership of Flintshire County Council rather than the membership of all North Wales councils in aggregate where at least one member from a political group be included who is not represented on the Executive groups; and

(d)          Agree that the secretariat for the JOSC will be provided by the CJC in accordance with the Terms of Reference.

The Chief Officer (Governance) presented a report (agenda item number 5) to consider and make recommendations to Council on proposed scrutiny arrangements for the Corporate Joint Committee.

During the debate, the following changes were agreed:

• Reference to Flintshire County ‘Borough’ Council to be amended under Section 2 of the draft Terms of Reference.
• To recommend that the CJC membership include at least one member from a political group not represented on Cabinet.

In respect of the latter, the Chief Officer (Governance) provided explanation on the process involving discussion with Group Leaders prior to a revised political balance report being considered by County Council in December.

On that basis, the recommendations were supported.

RESOLVED:

That the Committee recommends to Council to:

(a)          Establish the North Wales Corporate Joint Committee Joint Overview and Scrutiny Committee (JOSC) with the Terms of Reference as set out in Appendix 1;

(b)          Agree that the powers of local Scrutiny Committees provided for under The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2022 shall be retained;

(c)          Agree the political balance of Flintshire County Council’s nominees to the joint overview and scrutiny committee will reflect the membership of Flintshire County Council rather than the membership of all North Wales councils in aggregate where at least one member from a political group be included who is not represented on the Executive groups; and

(d)          Agree that the secretariat for the JOSC will be provided by the CJC in accordance with the Terms of Reference.

To provide the Committee with details around the use of ‘Part 2’ when conducting Council business at meetings.

(a)       That the Committee welcomes the decision to provide press releases to Councillors before they are sent to the press; and

(b)       That the Council continues with the current process for determining what information can/cannot be released from reports containing exempt information, noting that Members should either:

i. await the official release of information by the Council, or

ii. seek the advice of the Monitoring Officer

before making public any exempt information.

The Chief Officer (Governance) presented the report (agenda item number 6) which provided information on the use of ‘Part 2’ when conducting Council business as meetings.

In response to a suggestion for senior legal officer representation at meetings with Part 2 items on the agenda, the Chief Officer (Governance) said that this would require consideration of resource implications and instead suggested that Members raise any queries on Part 2 agenda items in advance of meetings.

The recommendations in the report were supported.

RESOLVED:

(a)       That the Committee welcomes the decision to provide press releases to Councillors before they are sent to the press; and

(b)       That the Council continues with the current process for determining what information can/cannot be released from reports containing exempt information, noting that Members should either:

i. await the official release of information by the Council, or

ii. seek the advice of the Monitoring Officer

before making public any exempt information.

For the Committee to ratify the proposed changes to the Climate Change Committee Terms of Reference.

That the Committee:

(a)       Approves the amendment to 9.16.5 Primary objective 1, including the subsequent change to 9.16.5.3, and recommends to Council that this be adopted;

(b)       Approves the addition of Primary objective 3 and recommends to Council that this be adopted; and

(c)       Approves the addition of Primary objective 4 and recommends to Council that this be adopted.

The Democratic Services Manager presented the report (agenda item number 7) to consider proposed changes to the Climate Change Committee Terms of Reference.

It was confirmed that suggested formatting and numbering changes previously put forward by Councillor Marshall would be incorporated in the Constitution prior to publishing.  On the Climate Change Committee Terms of Reference, it was agreed that replacing the word ‘ensure’ with ‘achieve’ in paragraph 9.16.5.3 would provide greater clarity on that objective.

On that basis, the recommendations were supported.

RESOLVED:

That the Committee:

(a)       Approves the amendment to 9.16.5 Primary objective 1, including the subsequent change to 9.16.5.3, and recommends to Council that this be adopted;

(b)       Approves the addition of Primary objective 3 and recommends to Council that this be adopted; and

(c)       Approves the addition of Primary objective 4 and recommends to Council that this be adopted.

(a)       That the Committee’s comments on the Determinations made by the Independent Remuneration Panel for Wales in their draft Annual Report for 2025-2026 be noted; and

(b)       That the Democratic Services Manager be authorised to make a response on behalf of the Committee, reflecting the decision made at the meeting to the Independent Remuneration Panel for Wales.

The Democratic Services Manager presented a report (agenda item number 8) to consider the IRPW Draft Annual Report for 2025-26 on the rates of payment to be made to elected and co-opted members of Welsh local authorities for the following year.  Members were invited to respond to consultation on the Draft Annual Report and also to questions accompanying the report.

Subject to typographical errors in paragraph 1.05 and the glossary within the covering report, the recommendations were supported.

RESOLVED:

(a)       That the Committee’s comments on the Determinations made by the Independent Remuneration Panel for Wales in their draft Annual Report for 2025-2026 be noted; and

(b)       That the Democratic Services Manager be authorised to make a response on behalf of the Committee, reflecting the decision made at the meeting to the Independent Remuneration Panel for Wales.

To clarify the procedure when a Leader resigns.

(a)       That the Constitution is amended in accordance with the report to require a new Leader to be appointed either:

i) at the next available council meeting whenever the office falls vacant, or

ii) immediately after the Leader is removed by a motion on notice.

(b)       That an additional sub-paragraph (d) be inserted to state that the Leader would hold office until he/she is incapacitated and unable to perform the duties of Leader for a period of six months or longer.

The Chief Officer (Governance) presented the report (agenda item number 9) to consider specific wording in the Council’s Constitution in respect of appointing a Leader.

In addition to the suggested changes set out in the report, it was also agreed that additional wording would be inserted to apply to circumstances where the Leader may be incapacitated and unable to fulfil their duties for a period of time.

On that basis, the recommendations were supported.

RESOLVED:

(a)       That the Constitution is amended in accordance with the report to require a new Leader to be appointed either:

i) at the next available council meeting whenever the office falls vacant, or

ii) immediately after the Leader is removed by a motion on notice.

(b)       That an additional sub-paragraph (d) be inserted to state that the Leader would hold office until he/she is incapacitated and unable to perform the duties of Leader for a period of six months or longer.

To give consideration to the facilities available to elected Members following the move from County Hall in February 2025.

(a)       That a Working Group comprising Councillors Gillian Brockley, Steve Copple, Rob Davies, Allan Marshall and Ted Palmer be formed from the Committee membership (quorum of three Members) to consider what facilities can be provided to Members following the relocation from County Hall to deliver the democratic functions of the council; and

(b)       That the Working Group reports back to the Committee at the January 2025 meeting.

The Democratic Services Manager presented the report (agenda item number 10) to consider the availability of facilities for the democratic function of the Council in advance of the move from County Hall premises.

Members supported the proposed establishment of a Working Group on which Councillors Gillian Brockley, Steve Copple, Rob Davies, Allan Marshall and Ted Palmer indicated that they wished to serve, with a quorum of three Members.

The Chair supported the opportunity for a tour of the offices at T? Dewi Sant.

On that basis, the recommendations were supported.

RESOLVED:

(a)       That a Working Group comprising Councillors Gillian Brockley, Steve Copple, Rob Davies, Allan Marshall and Ted Palmer be formed from the Committee membership (quorum of three Members) to consider what facilities can be provided to Members following the relocation from County Hall to deliver the democratic functions of the council; and

(b)       That the Working Group reports back to the Committee at the January 2025 meeting.

To agree the items of business to be discussed at future meetings.

(a)       That the draft Forward Work Programme be approved, as amended; and

(b)       That the Democratic Services Manager, in consultation with the Chair of the Committee be authorised to vary the Forward Work Programme between meetings, as the need arises.

The Democratic Services Manager presented the report (agenda item number 11) to consider the current Forward Work Programme.  The following changes were noted:

• Report from the Working Group on democratic facilities at T? Dewi Sant to be received at the January meeting.
• Item to be scheduled to review the Governance & Audit Committee Terms of Reference to ensure no duplication of work with the Overview & Scrutiny function.

Subject to the inclusion of these two items, the recommendations were supported.

RESOLVED:

(a)       That the draft Forward Work Programme be approved, as amended; and

(b)       That the Democratic Services Manager, in consultation with the Chair of the Committee be authorised to vary the Forward Work Programme between meetings, as the need arises.

None.