Agenda item

To consider the report of the Head of Legal, Equalities and Democratic Services

Members considered a report that detailed a number of proposed amendments to the Council’s Constitution and which sought approval of the  Officer Scheme of Delegations.

Councillor M. A. Bullivant proposed a recommendation that would remove the practice of allowing supplementary questions from section 9.8 of the Council Procedure Rules, this being seconded by Councillor Dr. D. W. P. Booth JP. Councillor M. A. Bullivant stated that this was no more than bringing the Council’s practice in line with that of Parliament.

Councillor P. M. McDonald raised concerns at this proposal, noting that supplementary questions were required to be on the same subject as the initial question and were often required to clarify the initial question or the answer provided. It was contended that the supplementary question added depth and value and, on a requisition under Council Procedure Rule 17.5, the following details of voting on the motion were recorded:

For the motion: Councillors Dr. D. W. P. Booth JP, Mrs J. M. Boswell, J. S. Brogan, M. A. Bullivant, R. A. Clarke, S. R. Colella, Dr B. T. Cooper, R. J. Deeming, Mrs R. L. Dent, K. A. Grant-Pierce, Miss P. A. Harrison, R. Hollingworth, Mrs H. J. Jones, R. J. Laight, P. Lammas, J. A. Ruck, C. R. Scurrell, Mrs C. J. Spencer, C. B. Taylor, C. J. Tidmarsh, M. J. A. Webb and P. J. Whittaker (22);

Against the motion: Councillors Mrs S. J. Baxter, C. J. Bloore, Ms M. T. Buxton, L. C. R. Mallett, Mrs C. M. McDonald, P. M. McDonald, E. J, Murray, Mrs E. M. Shannon, R. J. Shannon, S. P. Shannon and L. J. Turner (11);

Abstentions: 0

Accordingly the Chairman declared the motion to be carried.

Councillor M. A. Bullivant introduced a second recommendation removing the requirement in paragraph 5 of part 9 of the Constitution that the Chairman of the Audit Board shall not be a member of the controlling group. This was seconded by Councillor Dr. J. W. P. Booth JP. Councillor M. A. Bullivant declared it to be more democratic for the Chairman to be appointed by the Audit Board from amongst its number and noted that several other Worcestershire districts had no such requirement for their Audit Boards. Councillor J. S. Brogan supported this view, stating that it would allow the Board a wider field of candidates from which to choose the most appropriate Chairman.

Councillor P. M. McDonald declared that this proposal removed the independence of the Audit Board and any reassurance of transparency and accountability in its dealings. It was contended that most local authorities followed the practice of having a minority Chairman of such a body.

Councillor Mrs S. J. Baxter expressed her concern that the Constitution was undergoing change on the basis of political whims rather than through any review of best practice. Councillor C. J. Bloore declared the Audit Board to be one of the most effective bodies of the Council, with a very good Chairman and voiced his disquiet at the proposal before Members.

On a requisition under Council Procedure Rule 17.5, the following details of voting on the motion were recorded:

For the motion: Councillors Dr. D. W. P. Booth JP, Mrs J. M. Boswell, J. S. Brogan, M. A. Bullivant, R. A. Clarke, S. R. Colella, Dr B. T. Cooper, R. J. Deeming, Mrs R. L. Dent, K. A. Grant-Pierce, Miss P. A. Harrison, R. Hollingworth, Mrs H. J. Jones, R. J. Laight, P. Lammas, J. A. Ruck, C. R. Scurrell, Mrs C. J. Spencer, C. B. Taylor, C. J. Tidmarsh, M. J. A. Webb and P. J. Whittaker (22);

Against the motion: Councillors Mrs S. J. Baxter, C. J. Bloore, Ms M. T. Buxton, L. C. R. Mallett, Mrs C. M. McDonald, P. M. McDonald, E. J, Murray, Mrs E. M. Shannon, R. J. Shannon, S. P. Shannon and L. J. Turner (11);

Abstentions: 0

Accordingly the Chairman declared the motion to be carried.

Approval of the Scheme of Delegation to Officers as set out in the report to the Council was moved by Councillor M. A. Bullivant and seconded by Councillor Dr. D. W. P.  Booth.

A number of points were discussed and amendments made, as follows.

In respect of Business Transformation and the delegation of Street Naming, House Numbering and Locality Names it was made clear that the policy on naming remained the same as previously and that the Overview and Scrutiny Board could request to review the policy should it wish.

In respect of Community Services (Community Safety) and the Designation of Dispersal Areas, it was proposed by Councillor S. P. Shannon and seconded by Councillor R. J. Shannon that the delegation be amended to include consultation with local ward members. Having been put to the vote, it was

RESOLVED that the delegation to the Head of Community Services in respect of the designation of dispersal areas be amended to add a requirement for consultation with the ward members.

In respect of Community Services (Community Safety) and Alcohol Consumption in Public Places, it was noted that a change agreed by the Licensing Committee in 2010 had not subsequently been included in the Council’s Constitution. It was agreed that this matter be reported once more to the Licensing Committee for that body to come to a view and not be included in the Scheme of Delegation at present.

In respect of Environment (Trees) and (i) the confirmation of and (ii) the revocation or variation of Tree Preservation Orders, it was agreed that a separate report be brought back to a subsequent meeting of the Council in order that the proper delegation of such functions by Council directly, rather than through a subsequent delegation by a subsidiary body, might be considered.

In respect of Legal, Equalities and Democratic Services (Democratic Services) and the Programming of Council and Committee meetings, it was agreed that a report be brought back to the following Ordinary meeting of the Council at which time the Council might consider any changes to the programme of meetings.

Having been put to the vote, and subject to the amendments as set out in the preamble, above, it was

RESOLVED that the current version of the Officer Scheme of Delegations as set out at Appendix 1 to the report be agreed.