Decision details

76.1     The Council considered changes to governance arrangements in the light of a report from the Governance Committee (pages 49 to 66).

76.2     The Chairman informed members that there was an omission and some minor inconsistencies in the wording of changes to the call-in process set out at Appendix 4 to the report which would be corrected.

76.3     An amendment was moved by Mr Barling and seconded by Mrs Dennis as set out below.

Main recommendations

(changes shown in bold italic text)

(3)     That a separate select committee for the Fire & Rescue Service be established with effect from the annual Council meeting in April 2020 or sooner if possible, to be reviewed in March 2022 and that the terms of reference in Appendix 2 and other constitutional changes set out in Appendix 3 be approved;

(3a)That, in anticipation of a possible earlier start date, the Council meeting on 14 February 2020 be asked to make appointments to the new Committee.

Appendix 1 – Changes to Executive

(changes shown in bold, italic text with deletions struck through)

9.       The chairman of each Select Committee shall be invited to attend any meeting of the Cabinet and shall have a right to speak for up to three five minutes to convey or represent the views of that committee on any agenda item relevant to the terms of reference of the committee.

10.     The leaders of each of the large and medium minority groups of the Council shall be invited to attend any meeting of the Cabinet and may speak for up to two five minutes on any item on the agenda.

Appendix 3 - Consequential changes in relation to scrutiny

(additional changes shown in bold, underlined, italic text)

Extract from Part 3, Scheme of Delegation

Appendix 8

Select Committees

  There is a Performance and Finance Select Committee (Appendix 8A), a Health and Adult Social Care Select Committee (Appendix 8B), a Children and Young People’s Services Select Committee (Appendix 8C), and an Environment and Communities and Fire Select Committee (Appendix 8D) and a Fire and Rescue Service Select Committee (Appendix 8E).  Their constitutions and terms of reference are set out in the Appendices.  Each committee shall undertake the functions set out below in respect of those items relevant to the Select Committee’s specific service area.

Each Select Committee shall have no more than 12 County Council members with the exception of the Performance and Finance Select Committee which will have 15 members to include the other Select Committee chairmen where compliant with rules on political proportionality following confirmation of their appointment at the next meeting of the County Council. (inclusive of the three other Select Committee chairmen). The members of each Select Committee shall be appointed, having taken into account the following guiding principles:

·           That the member has an interest in the business of the Committee.

·           That the member is able to devote the time needed to undertake the work of the Committee.

·           That the member is not also a member of another select committee.

·           That the member remains free to serve on scrutiny or executive task and finish Groups.

·           Three of the members of the Performance and Finance Select Committee shall be the three members who are at any time the chairmen of the other three Select Committees.

·           Four of the members of the Performance and Finance Select Committee shall be the four members who are at any time the chairmen of the other four Select Committees, providing that this can be accommodated in line with political proportionality for that committee.

76.4     With a change to the time limits for speaking in the proposed amendment to Appendix 1 to three minutes in both cases, the amendment was carried.

76.5     Resolved –

Cabinet and the executive

(1)         That the proposals for changes to executive arrangements, as set out in Appendix 1 to the report, subject to the change to the time limits for speaking to three minutes, as per the amendment, be approved;

Scrutiny

(2)         That Select committees be renamed scrutiny committees;

(3)         That a separate select committee for the Fire & Rescue Service be established with effect from the annual Council meeting in April 2020, or sooner if possible, to be reviewed in March 2022 and that the terms of reference in Appendix 2 to the report and other constitutional changes, set out in Appendix 3 to the report, be approved;

(3a)   That, in anticipation of a possible earlier start date, the Council meeting on 14 February 2020 be asked to make appointments to the new Committee;

(4)         That responsibility for scrutinising the Economy portfolio be transferred from the Environment, Communities and Fire Select Committee to the Performance and Finance Select Committee, as set out in Appendix 3 to the report, with immediate effect;

(5)         That the decision to accept or reject call-in requests be transferred to the Monitoring Officer (or Deputy), using the criteria in the Constitution, the Monitoring Officer to report to the relevant select committee on reasons for rejecting/ accepting any call-in requests and that the changes to the Constitution set out in Appendix 4 to the report, subject to the correction of an omission and minor inconsistencies in the wording of changes to the call-in process, be approved;

(6)         That, with effect from the annual Council meeting in April 2020, appointments of select committee chairmen and vice-chairmen be made by the select committee using a secret ballot at its first meeting after the annual meeting of the Council and that the consequential changes set out in paragraphs 20 and 21 above and in Appendices 3 and 5 to the report be approved, subject to the amendment in minute 75.3 above; and

(7)         That the Director of Law and Assurance, in consultation with the Chairman, be authorised to make any consequential changes to the Constitution following from the recommendations set out above.