Agenda item

(A)              Appointment of Committees

 

That the County Council confirm the appointment of the Committees as outlined in section 2.01 of the report with the following amendments:-

 

·        That the Democratic Services Committee be added to the list of standing Committees; and

·        That the function of the Overview & Scrutiny Co-ordinating Committee be carried out by the Constitution Committee.

 

 

(B)             Determination of the size of Committees

 

That the County Council confirm the size of the Committees as outlined in section 3.01 of the report with the addition that the Democratic Services Committee has 21 seats.

 

 

(C)             Terms of Reference of Committees

 

(a)               That the revised terms of reference for the Audit Committee, as set out in the report, be agreed;

 

(b)               That delegated authority be given to the Head of Legal and Democratic Services to devise the precise wording of the terms of reference for the Audit Committee, and Democratic Services Committee in light of the statutory guidance due to be issues by the Welsh Government;

 

(c)               That delegated authority be given to the Head of Legal and Democratic Services to revise the terms of reference for the Constitution Committee;  

 

(d)               That the terms of reference for the Constitution Committee be amended to enable the Committee to examine and consider the creation of an amendment of byelaws for Flintshire; and

 

(e)               That the existing terms of reference for all other Committees be confirmed.

 

(D)             Political Balance – Annual Review

 

(a)               That the County Council confirm the allocation of seats as outlined in Option 1 of the report and the Committees as follows:-

 

·              A = Lifelong Learning Overview and Scrutiny Committee

·              B = Housing Overview and Scrutiny Committee

·              C = Corporate Resources Overview and Scrutiny Committee

·              D = Social and Health Care Overview and Scrutiny Committee

·              E = Environment Overview and Scrutiny Committee

·              F = Community Profile and Partnerships Overview and Scrutiny Committee

 

(b)               That Councillor H.G. Roberts be appointed to the Planning Committee; and

 

(c)               That Councillor H.D. Hutchinson be appointed to the remaining Committees granted to non-aligned Members.

 

 

(E)              Appointment of Chairs and Vice-Chairs of Standing Committees

 

(a)               That the County Council suspend Council Procedure Rule 1.1 for the meeting;

 

(b)               That the following Members be appointed Chair of the Standing Committees as indicated below:-

 

·        Housing Overview and Scrutiny Committee

Chairman – Councillor R.G. Hampson

 

·        Lifelong Learning Overview and Scrutiny Committee

Chairman – Councillor I.B. Roberts

 

·        Social and Health Care Overview and Scrutiny Committee

Chair – Councillor C.A. Ellis

 

·        Licensing Committee

Chairman – Councillor L.A. Sharps

 

·        Planning and Development Control Committee

Chairman – Councillor D.E. Wisinger

 

·        Constitution Committee

Chairman – Councillor R.J.T. Guest

 

·        Democratic Services Committee

Chairman – Councillor R.J.T. Guest

 

(c)               That the Chair of the Corporate Resources Overview and Scrutiny Committee be allocated to the Liberal Democrat Group;

 

(d)               That the Chair of the Community Profile and Partnerships Committee be allocated to the Independent Alliance Group;

           

(e)               That the Chair of the Environment Overview and Scrutiny Committee be allocated to the Conservative Group;

 

(f)                 That the Chair of the Audit Committee be determined by the Audit Committee; and

(g)               That the Vice-Chairs of the Standing Committees be determined at the first meeting of each of the Committees.

 

(F)              Local Choice Issues

 

That the existing Local Choice Issues as detailed in the report be confirmed.

 

(G)             Nominations to Internal Bodies

 

(a)               That the appointment of an Appointments Committee, as detailed in section 8.01 of the report, be agreed; and

 

(b)               That a review of internal bodies be undertaken by the Head of Legal and Democratic Services in consultation with Group Leaders, with a further report to be submitted to the Constitution Committee and Council in due course.

 

(H)             Nominations to Outside Bodies

 

That the appointment of outside bodies be delegated to the Chief Executive in consultation with Group Leaders and non-aligned Members.

 

(I)                 Standards Committee

 

That the following three Members be appointed to the Standards Committee:-

 

·        Councillors: D.L. Cox, H.J. McGuill and A. Woolley

 

(J)               Programme of Ordinary Meetings

 

That the programme of ordinary meetings of the County Council be noted.

 

 

The Council considered the report of the Head of Legal and Democratic Services which dealt with matters that required decision at the Annual Meeting of the County Council in accordance with Council Procedure Rule 1.1 (vii) – (xiii).  Those matters were set out in separate sections of the report.

 

(A)       Appointment of Committees

 

            The Head of Legal and Democratic Services explained that the Council’s Procedure Rulesrequired the Annual Meeting to appoint at least one Overview and Scrutiny Committee, a Standards Committee, a Licensing Committee and such other Committees as the Council considered appropriate to deal with matters which were neither reserved to the Council nor were Executive functions. 

 

            Councillor A.P. Shotton, Leader of the Council proposed that the County Council confirm the appointment of the Committees as outlined in section 2.01 of the report with the following amendments:-

 

• That the Democratic Services Committee be added to the list of standing Committees; and
• That the function of the Overview & Scrutiny Co-ordinating Committee be carried out by the Constitution Committee.

 

Councillor A. Woolley raised concern on the small number of Licensing Committee meetings which had been held during the 2011/12 municipal year and proposed an amendment that the function of the Licensing Committee be combined with the function of the Standards Committee.  This was seconded by Councillor H.G. Roberts and when put to the vote was lost.

 

RESOLVED:

 

That the County Council confirm the appointment of the Committees as outlined in section 2.01 of the report with the following amendments:-

 

• That the Democratic Services Committee be added to the list of standing Committees; and
• That the function of the Overview & Scrutiny Co-ordinating Committee be carried out by the Constitution Committee.

 

(B)       Determination of the size of Committees

 

            The Head of Legal and Democratic Services reported that the Annual Meeting must decide upon the size of each of the Committees it had appointed.  The Constitution made provision for the size of the Committees which were detailed in the report.  He suggested that the newly appointed Democratic Services Committee be the same size and have the same membership as the Constitution Committee.

 

RESOLVED: 

 

That the County Council confirm the size of the Committees as outlined in section 3.01 of the report with the addition that the Democratic Services Committee has 21 seats.

 

(C)       Terms of Reference of Committees

 

            The Head of Legal and Democratic Services reported that the Annual Meeting was required to decide the Terms of Reference of the Committees that it had appointed.  The suggested Terms of Reference of the Committees were set out in Section A of Part 3 of the Constitution.

 

            At recent meetings of the Audit and Constitution Committee, two minor changes to the Audit Committee’s terms of reference had been recommended, as shown in Appendix A of the report.  Further amendments to the Audit Committee’s terms of reference were required as part of the Local Government Measure and it was recommended that the Head of Legal and Democratic Services be given delegated authority to make the necessary amendments following receipt of statutory guidance due to be issued by the Welsh Government.

 

            The Democratic Services Committee’s terms of reference need to cover the functions as set out in section 2.04 of the report and again it was recommended that the Head of Legal and Democratic Services be given delegated authority to make the necessary amendments following receipt of statutory guidance due to be issued by the Welsh Government.

 

            In conclusion, the Head of Legal and Democratic Services reported that at the last meeting of the Constitution Committee it resolved to recommend to Council that its terms of reference be amended to enable the Committee to examine and consider the creation of and amendment of byelaws for Flintshire.  It was recommended that the terms of reference be amended.

 

            Councillor A.P. Shotton proposed that the Council support the recommendations as detailed in the report including an amendment that the position of Chair of the Licensing Committee not be given to the largest opposition group.  This was seconded by Councillor J.B. Attridge.

 

            Councillor C.S. Carver proposed an amendment that the terms of reference of the Licensing Committee be amended to include the wording ‘that the meetings would not be held in a licensed premises’.  This amendment was seconded by Councillor N.R. Steele-Mortimer.  When put to the vote the amendment was lost.    

 

            Councillor R.J.T. Guest proposed an amendment that no change be made to how the Chair of the Licensing Committee be allocated.  This was seconded by Councillor R.B. Jones.  When put to the vote the amendment was lost.

 

RESOLVED:

 

(a)       That the revised terms of reference for the Audit Committee, as set out in the report, be agreed;

 

(b)       That delegated authority be given to the Head of Legal and Democratic Services to devise the precise wording of the terms of reference for the Audit Committee, and Democratic Services Committee in light of the statutory guidance due to be issued by the Welsh Government;

 

(c)        That delegated authority be given to the Head of Legal and Democratic Services to revise the terms of reference for the Constitution Committee;

 

(d)       That the terms of reference for the Constitution Committee be amended to enable the Committee to examine and consider the creation of and amendment of byelaws for Flintshire;

 

(e)       That the existing terms of reference for all other Committees be confirmed; and

 

(f)         That the position of Chair of the Licensing Committee not be given to the largest opposition group.

 

(D)       Political Balance – Annual Review

 

            The Head of Legal and Democratic Services reported that the Annual Meeting was required to decide the allocation of seats to political groups in accordance with the Political Balance Rules contained in the Local Government and Housing Act 1989 and the Local Government (Committees and Political Groups) Regulations 1990 as amended.

 

            Councillor A.P. Shotton proposed that the County Council confirm the allocation of seats as outlined in Option 1 of the report and the Committees as follows:-

 

·        A = Lifelong Learning Overview and Scrutiny Committee

·        B = Housing Overview and Scrutiny Committee

·        C = Corporate Resources Overview and Scrutiny Committee

·        D = Social and Health Care Overview and Scrutiny Committee

·        E = Environment Overview and Scrutiny Committee

·        F = Community Profile and Partnerships Overview and Scrutiny Committee

 

The proposal was seconded by Councillor J.B. Attridge.

 

The Head of Legal and Democratic Services explained the need for the Council to determine the allocation of Committee places to the non-aligned Members.

 

            Councillor H.G. Roberts proposed an amendment that the allocation of a Non-Aligned Member on the Lifelong Learning Overview and Scrutiny Committee be removed and that a Non-Aligned Member position be added to the Housing Overview and Scrutiny Committee.  This amendment was seconded by Councillor R. Dolphin.  When put to the vote the amendment was lost. 

 

RESOLVED:

 

(a)       That the County Council confirm the allocation of seats as outlined in Option 1 of the report and the Committees as follows:-

 

• A = Lifelong Learning Overview and Scrutiny Committee
• B = Housing Overview and Scrutiny Committee
• C = Corporate Resources Overview and Scrutiny Committee
• D = Social and Health Care Overview and Scrutiny Committee
• E = Environment Overview and Scrutiny Committee
• F = Community Profile and Partnerships Overview and Scrutiny Committee

 

(b)       That Councillor H.G. Roberts be appointed to the Planning Committee; and 

 

(c)        That Councillor H.D. Hutchinson be appointed to the remaining Committees granted to non-aligned Members.

 

(E)       Appointment of Chairs and Vice-Chairs of Standing Committees

 

            The Head of Legal and Democratic Services reported that Council Procedure Rule 1.1 required the appointment of Chairs and Vice-Chairs of Standing Committees with the exception of the Standards Committee.

 

            Councillor A.P. Shotton proposed that the County Council suspend Council Procedure Rule 1.1 for the meeting and also that the following Members be appointed Chairs of the Standing Committees:-

 

• Housing Overview and Scrutiny Committee

Chairman – Councillor R.G. Hampson

 

• Lifelong Learning Overview and Scrutiny Committee

Chairman – Councillor I.B. Roberts

 

• Social and Health Care Overview and Scrutiny Committee

Chair – Councillor C.A. Ellis

 

• Licensing Committee

Chairman – Councillor L.A. Sharps

 

• Planning and Development Control Committee

Chairman – Councillor D.E. Wisinger

 

Councillor Shotton also proposed that the Chair of the Corporate Resources Overview and Scrutiny Committee be allocated by the Liberal Democrat Group.  That the Chair of the Community Profile and Partnerships Committee be allocated by the Independent Alliance Group.  That the Chair of the Environment Overview and Scrutiny Committee be allocated by the Conservative Group.  That the Chair of the Audit Committee be determined by the Audit Committee and that the Vice-Chairs of the Standing Committees be determined at the first meeting of each of the Committees.  The proposals were seconded by Councillor J.B. Attridge.

 

Councillor H.J. McGuill proposed that Councillor R.J.T. Guest be appointed Chair of the Constitution Committee and Democratic Services Committee.  This was seconded by Councillor C.J. Dolphin.   

 

RESOLVED:

 

(a)       That the County Council suspend Council Procedure Rule 1.1 for the meeting;

 

(b)       That the following Members be appointed Chair of the Standing Committees as indicated below:-

 

• Housing Overview and Scrutiny Committee

Chairman – Councillor R.G. Hampson

 

• Lifelong Learning Overview and Scrutiny Committee

Chairman – Councillor I.B. Roberts

 

• Social and Health Care Overview and Scrutiny Committee

Chair – Councillor C.A. Ellis

 

• Licensing Committee

Chairman – Councillor L.A. Sharps

 

• Planning and Development Control Committee

Chairman – Councillor D.E. Wisinger

 

• Constitution Committee

Chairman – Councillor R.J.T. Guest

 

• Democratic Services Committee

Chairman – Councillor R.J.T. Guest

 

(c)        That the Chair of the Corporate Resources Overview and Scrutiny Committee be allocated to the Liberal Democrat Group;

 

(d)       That the Chair of the Community Profile and Partnerships Committee be allocated to the Independent Alliance Group;

 

(e)       That the Chair of the Environment Overview and Scrutiny Committee be allocated to the Conservative Group;

 

(f)         That the Chair of the Audit Committee be determined by the Audit Committee; and

 

(g)       That the Vice-Chairs of the Standing Committees be determined at the first meeting of each of the Committees.

 

(F)       Local Choice Issues

 

            The Head of Legal and Democratic Services reported that the Council was required to agree such parts of the Scheme of Delegation which related to those local choice functions which could be decided either by the Council or the Executive and/or delegated to Officers.

 

            Councillor A.P. Shotton proposed that the existing Local Choice Issues as detailed in the report be confirmed.  This was seconded by Councillor J.B. Attridge.

 

RESOLVED:

 

That the existing Local Choice Issues as detailed in the report be confirmed.

 

(G)       Nomination to Internal Bodies

 

            The Head of Legal and Democratic Services reported that the existing Scheme of Delegation provided for an Appointments Committee for First and Second Tier Officers comprising of 7 Members.  This was not a Standing Committee and was convened when required by seeking nominations from Group Leaders.  Previously it had been usual for Committee Members to be politically balanced including the relevant Executive Member.  At last year’s Annual Meeting it was agreed that the Chair or Vice Chair of the relevant Overview and Scrutiny Committee be one of the Members of the Committee.  It was recommended that the Council continue the previous practice.

 

            In light of the recent implementation of the Local Government (Wales) Measure 2011 it was also recommended that the various internal bodies be reviewed by the Head of Legal and Democratic Services in consultation with Group Leaders with a report to be submitted to the Constitution Committee and Council in due course. 

 

            Councillor A.P. Shotton proposed that the Council support the recommendations as detailed in the report.  This was seconded by Councillor J.B. Attridge.

 

RESOLVED:

 

(a)       That the appointment of an Appointments Committee, as detailed in section 8.01 of the report, be agreed; and

 

(b)       That a review of internal bodies be undertaken by the Head of Legal and Democratic Services in consultation with Group Leaders, with a further report to be submitted to the Constitution Committee and Council in due course.

 

(H)       Nominations to Outside Bodies

 

            The Head of Legal and Democratic Services reported that the current list of appointments or vacancies to outside bodies was set out in Appendix B to the report.  The Council was recommended to delegate to the Chief Executive in consultation with Group leaders and Non-Aligned Members the appointments to these bodies.

 

            Councillor A.P. Shotton proposed that the appointment of outside bodies be delegated to the Chief Executive in consultation with Group Leaders and non-aligned Members.  This was seconded by Councillor J.B. Attridge.

 

RESOLVED:

 

That the appointment of outside bodies be delegated to the Chief Executive in consultation with Group Leaders and non-aligned Members.

 

(I)         Standards Committee

 

            The Head of Legal and Democratic Services reported that the Standards Committee included five independent members, a Community Council member and three Councillors not to be the Council Leader or Cabinet Members.  Council was asked to determine the three Members.

 

RESOLVED:

 

That the following three Members be appointed to the Standards Committee:-

 

• Councillors: D.L. Cox, H.J. McGuill and A. Woolley.

 

(J)       Programme of Ordinary Meetings

 

            The Head of Legal and Democratic Services advised that a programme of ordinary meetings had been approved at the County Council meeting held on 21 February, 2012.

 

RESOLVED:

 

That the programme of ordinary meetings of the County Council be noted.