Agenda item - References from the Members & Democratic Services Group - Amendments to Constitution: Executive Meeting Regulations & Local Authorities (Functions & Responsibilities) Order 2000

Agenda item

References from the Members & Democratic Services Group - Amendments to Constitution: Executive Meeting Regulations & Local Authorities (Functions & Responsibilities) Order 2000

To receive a report from the Director of Finance Resources & Customer Services seeking approval of amendments to the Constitution relating to changes introduced as a result of the Local Authorities (Executive Arrangements) (Meetings & Access to Information) Regulations 2012, in the following areas:

 

·                The Access to Information Rules (Chapter 4.6) & Citizens Rights section (Chapter 2.3)

 

·                The introduction of a policy relating to the filming and recording of public Council, Cabinet, Scrutiny, other Committee & Forum meetings

 

Members are asked to note that the above changes recommended in the report were considered and approved for reference on to Council by the Members & Democratic Services Group (3 September 2013).

 

In addition Council is being asked to approve an additional amendment to the Constitution relating to the level at which future decisions are taken on the establishment of companies under the Local Authorities (Functions & Responsibilities) Order 2000.          (Report No.106)

 

 

Minutes:

Councillor Simon moved and Councillor Georgiou seconded a  report from the Director of Finance, Resources & Customer Services (No.106) seeking approval of amendments to the Constitution relating to changes introduced as a result of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) Regulations 2012 in the following areas.

 

·                Executive meetings, publication of documents and access to them by the public, councillors and scrutiny members; and

 

·                The introduction of a policy relating to the filming and recording of public Council, Cabinet, Scrutiny, other Committee & Forum meetings

 

In addition Council was also asked to consider an additional amendment to the Constitution relating to the way in which future decisions on the establishment of companies, trusts and acquisition of share capital by the Council were taken, under the Local Authorities (Functions & responsibilities) Order 2000.

 

NOTED

1.         The changes arising from the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, as detailed in sections 3.1 and 3.2 of the report, had been considered and approved for recommendation on to Council by the Members & Democratic Services Group (3 September 2013).

2.         The recommended changes had been designed not only to comply with the requirements of the Executive Meeting Regulations but also to reflect good practice in operation of the procedures and assist the Council in managing its business in as efficient and effective a way as possible.

3.         The Policy in relation to filming of meetings had been designed to take account of guidance issued by the Department of Communities & Local Government, and whilst allowing filming to be undertaken would require this to be subject to advance notice and to be undertaken in a way that would not disrupt the conduct of any meeting.

4.         The recommendation in relation to the decision making process for the establishment of companies (as detailed within section 3.3 of the report) had not been subject to formal consideration by the Members & Democratic Services Group.  John Austin (Assistant Director Corporate Governance) advised members that this had arisen as a result of external legal advice, originally provided in relation to an unrelated matter.  The legal opinion provided was that under the terms of the Local Authorities (Functions & Responsibilities) Order 2000 this was a matter that should be treated as a power of the Executive rather than full Council.

5.         The concern expressed by the Opposition Group, in relation to 4. above, at the limited consultation with members on the proposal in advance of the meeting, with further detail requested on the legal advice and any potential decisions planned that the recommended change would impact upon.  As a result, it was agreed that the recommended change should be withdrawn from consideration at the meeting and referred for more detailed consideration by the Members & Democratic Services Group in advance of any final decision being made.

 

AGREED

 

(1)       To approve the amended Access to Information Rules (Chapter 4.6 in the Constitution) and the Citizens Rights section (Chapter 2.3 in the Constitution) attached as Appendix 1 Appendix 2 of the report, as detailed in section 3.1 of the report.

 

(2)       To approve the adoption of the policy in relation to the filming of any Council, Cabinet, Scrutiny, Area Forum or other Committee meetings as detailed in section 3.2.4 of the report.

 

(3)       To refer the recommended change in relation to the decision making process on the establishment of companies or trusts to the Members & Democratic Services Group for more detailed consideration, in advance of any final decision being made by Council.

Supporting documents: