Agenda item

Constitutional Matters: Committees and Outside Bodies

Decision:

(A)       Appointment of Committees

 

That the County Council confirm the appointment of the Committees as outlined in section 2.01 of the report.

 

(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.

 

(C)       Terms of Reference of Committees

           

That the existing terms of reference for all Committees be confirmed.

 

(D)       Political Balance – Annual Review

 

That the poltical balance of committee seats be agreed as option G which is detailed in the minutes.

 

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

 

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

 

  • Constitution Committee – Councillor R.J.T. Guest
  • Democratic Services Committee – Councillor R.J.T. Guest
  • Licensing Committee – Councillor L.A. Sharps
  • Planning & Development Control Committee – Councillor D.E. Wisinger

 

(b)       That the Chairs of the Overview & Scrutiny Committees be allocated to the following groups:

 

Community Profile & Partnerships  Independent Alliance

Corporate Resources                                   New Independents

Environment                                                   Conservative

Housing                                                          Labour

Lifelong Learning                                          Labour

Social & Health Care                                    Independent

 

(c)        That the following Members be noted as Chair to the following Overview & Scrutiny Committees with the remaining names to be confirmed by the Independent Alliance, New Independents and Conservative groups:

           

·        Housing Overview & Scrutiny – Councillor R.G. Hampson

·        Lifelong Learning Overview & Scrutiny – Councillor I.B. Roberts

·        Social & Health Care Overview & Scrutiny – Councillor C.A. Ellis

 

 

 

(F)       Local Choice Issues

 

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

 

(G)       Nominations to Internal Bodies

 

That the appointment of an Appointments Committee, as detailed in section 8.01 of the report, be agreed.

 

(H)       Nominations to Outside Bodies

 

That the appointment of outside bodies be delegated to the Chief Executive in consultation with Group Leaders.

 

(I)         Standards Committee

 

That it be noted that the three Members of the Standards Committee were appointed at the last AGM for four years.

 

(J)       Programme of Ordinary Meetings

 

That it be noted that the draft programme of meetings was on the agenda for consideration.

Minutes:

The Council considered the report of the Head of Legal and Democratic Services which dealt with matters that required decisions at the Annual Meeting of the County Council in accordance with Council Procedure Rule 1.1 (vii) – (xiv).  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 & Scrutiny Committee, a Democratic Services Committee, an Audit Committee, a Planning and Development Control 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. 

 

            Members were advised that the Democracy Bill, when in force, would permit the Democratic Services Committee to be given other functions so it could be combined with the Constitution Committee at some point in the future.

 

Councillor A.P. Shotton moved approval that the County Council confirm the appointment of the Committees as outlined in section 2.01 of the report which was seconded by Councillor R.C. Bithell and on being put to the vote, was carried.

 

RESOLVED:

 

That the County Council confirm the appointment of the Committees as outlined in section 2.01 of the report.

 

(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. 

 

            Councillor A.P. Shotton moved approval that the County Council confirm the size of the Committees as outlined in section 3.02 of the report which was seconded by Councillor J.B. Attridge and on being put to the vote, was carried.

 

RESOLVED: 

 

That the County Council confirm the size of the Committees as outlined in section 3.01 of the report.

 

(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 existing Terms of Reference of the Committees were set out in Part 2 of the Constitution and there were no proposed changes.

 

            Councillor A.P. Shotton moved approval that the County Council confirm the current Terms of Reference of the Committees it had appointed which was seconded by Councillor J.B. Attridge and on being put to the vote, was carried.

 

RESOLVED:

 

That the existing terms of reference for all Committees be confirmed.

 

(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.

 

            Since the agenda had been despatched, there had been a change in the composition of the political groups with Councillors T. Newhouse and D.M.T. Williams joining the New Independent Group.  Therefore, the political balance table shown as appendix A to the report had been updated and copies of a number of options, C – G, had been circulated to Members. 

 

            Councillor A.P. Shotton proposed that the County Council confirm the allocation of seats as outlined in Option G of the papers.  The proposal was seconded by Councillor J.B. Attridge.

 

            Councillor R.J.T. Guest said option G was not acceptable to his group as the Independent group, with 6 members, would be allocated one place on Audit Committee with the Liberal Democrat group, with 7 members, not having any places on Audit Committee.  He proposed an amendment of option D which was seconded by Councillor R. Jones.

 

            In response, Councillor A.P. Shotton said the same principle applied to the amendment of option D in that the New Independents, with 8 members of the group, would have no place allocated for Audit Committee with the Liberal Democrats having one place on the Audit Committee despite them having one less member in their group.

 

The amendment was put to the vote and lost.

 

            Councillor C.S. Carver said that both the Labour and Conservative group numbers were unchanged but in option G, the Conservatives would lose seats.  He proposed an amendment of option C.

 

The amendment was put to the vote and lost.

 

            Councillor R.J.T.Guest said in view of the Leader’s comments he proposed a further amendment of option F.

 

The amendment was put to the vote and lost.

 

The substantive motion of option G was put to the vote and carried.

 

RESOLVED:

 

That the poltical balance of committee seats be agreed as option G which is detailed at the end of this document.

 

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

 

            The Head of Legal and Democratic Services reported that Council Procedure Rule 1.1(x) required County Council to appoint the Chairs of standing committees with the exception of the Standards, Overview and Scrutiny and Audit Committees.  The table in the report provided details of which body was to appoint which Chair.

 

            For the Committees that the County Council was responsible for appointing the Chair, Councillor A.P. Shotton moved the following, which was seconded by Councillor J.B. Attridge and on being put to the vote, was carried:

 

Constitution Committee – Councillor R.J.T. Guest

Democratic Services Committee – Councillor R.J.T. Guest

Licensing Committee – Councillor L.A. Sharps

Planning & Development Control Committee – Councillor D.E. Wisinger

 

            The Chairs of Overview and Scrutiny were chosen by the political groups and were dependent on the strength of the various groups and which had seats on the Cabinet. 

 

            Following the change in the composition of the political groups since the despatch of the agenda, with Councillors T. Newhouse and D.T.M. Williams joining the New Independent Group, Councillor A.P. Shotton moved the following, which was seconded by Councillor J.B. Attridge and on being put to the vote, was carried:

 

Overview & Scrutiny Committee            Group to Choose Chair

Community Profile & Partnerships  Independent Alliance

Corporate Resources                                   New Independents

Environment                                                   Conservative

Housing                                                          Labour

Lifelong Learning                                          Labour

Social & Health Care                                    Independent

 

            The following names of Chairs that the Labour group were to appoint were provided by Councillor A.P.Shotton:

 

Housing Overview & Scrutiny – Councillor R.G. Hampson

Lifelong Learning Overview & Scrutiny – Councillor I.B. Roberts

 

            Councillor L.A. Sharps advised that the Chair of Social & Health Care Overview & Scrutiny Committee would be Councillor C.A. Ellis. 

 

RESOLVED:

 

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

 

  • Constitution Committee – Councillor R.J.T. Guest
  • Democratic Services Committee – Councillor R.J.T. Guest
  • Licensing Committee – Councillor L.A. Sharps
  • Planning & Development Control Committee – Councillor D.E. Wisinger

 

(b)       That the Chairs of the Overview & Scrutiny Committees be allocated to the following groups:

 

Community Profile & Partnerships  Independent Alliance

Corporate Resources                                   New Independents

Environment                                                   Conservative

Housing                                                          Labour

Lifelong Learning                                          Labour

Social & Health Care                                    Independent

 

(c)        That the following Members be noted as Chair to the following Overview & Scrutiny Committees with the remaining names to be confirmed by the Independent Alliance, New Independents and Conservative groups:

           

·        Housing Overview & Scrutiny – Councillor R.G. Hampson

·        Lifelong Learning Overview & Scrutiny – Councillor I.B. Roberts

·        Social & Health Care Overview & Scrutiny – Councillor C.A. Ellis

 

(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 Cabinet and/or delegated to officers.

 

            Councillor A.P. Shotton proposed that the existing Local Choice Issues as detailed in the table of Local Choice Functions as included in Part 3, Section A, Table 3 of the Constitution, be confirmed which was seconded by Councillor J.B. Attridge and on being put to the vote, was carried.

 

RESOLVED:

 

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

 

(G)       Nominations 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 seven 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 Cabinet Member.  The Council had previously agreed that the Chair or Vice Chair of the relevant Overview & Scrutiny Committee be one of the Members of the Committee.  It was recommended that the Council continue the previous practice.

 

            Councillor A.P. Shotton proposed that the previous practice should continue which was seconded by Councillor J.B. Attridge and on being put to the vote, was carried.

 

RESOLVED:

 

That the appointment of an Appointments Committee, as detailed in section 8.01 of the report, be agreed.

 

(H)       Nominations to Outside Bodies

 

            The Head of Legal and Democratic Services reported that the list of outside bodies to which the Council made appointments, and the current appointments, was appended to the report.  The Council was recommended to delegate to the Chief Executive in consultation with Group Leaders 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 which was seconded by Councillor J.B. Attridge and on being put to the vote, was carried.

 

RESOLVED:

 

That the appointment of outside bodies be delegated to the Chief Executive in consultation with Group Leaders.

 

(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.  The three Members had been appointed at the last AGM for four years.

 

RESOLVED:

 

That it be noted that the three Members of the Standards Committee were appointed at the last AGM for four years.

 

(J)       Programme of Ordinary Meetings

 

            The Head of Legal and Democratic Services advised that a draft programme of meetings was an item on the agenda for consideration.

 

RESOLVED:

 

That it be noted that the draft programme of meetings was on the agenda for consideration.

Supporting documents: