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ITEM CC9

COUNTY COUNCIL – 10 JANUARY 2006

REVIEW OF THE CONSTITUTION

Report by the Head of Democratic Services

 

Introduction

  1. A review of a number of aspects of the Constitution has been undertaken in consultation with the Political Group Leaders and the outcome is now referred to the Council for decision. The issues are listed in the attached schedule (Annex 1 (download as .doc file)), together with recommendations based on the Political Group Leaders’ deliberations.

    2. Proposals

  2. Annex 1 (download as .doc file) is arranged as follows:

    3. A. Council

    1. Time Limits
    2. Debating Process
    3. Motions
    4. Questions
    5. Budget and Policy Framework

    B. Scrutiny Committees

    1. Terms of Reference
    2. Reports to the Cabinet
    3. Call In Requests
    4. Urgency and Call-In
    5. Scrutiny Co-ordinating Group

    C. Other Committees

    1. Standards Committee
    2. Responsibility for Pension Benefits
    3. Substitution
    4. Minutes

    D. Other Issues

    1. Opposition and Other Groups’ Budgets
    2. Delegation
    3. Access to Information
    4. Area Forums

  3. The first sub-section of Annex 1 (download as .doc file) relates to the various limits for debates in Council which were introduced from the 2004 Annual Council meeting. The Council agreed at that time that these should be subject to review after a year of operation. This review has been undertaken a little later than envisaged at that time, to allow members first elected in 2005 the opportunity to evaluate the system at first hand. The remaining items in Annex 1 (download as .doc file) cover a variety of points which have been raised by members or officers since the 2004 review.

  4. Many of the issues appear to be non-controversial and unlikely to generate debate. There was evidence of divergence between the Political Groups on a number of points, and particular attention is drawn to these in Annex 1 (download as .doc file) (see items shown shaded).

  5. Annex 2 (download as .doc file) provides more detailed illustration of some of the issues highlighted in Annex 1 (download as .doc file).

    6. RECOMMENDATIONS

  6. The Council is RECOMMENDED:

        1. to determine what action to take in respect of the following recommendations (shown shaded) in Annex 1 (download as .doc file) to the report:

    • A1(ii) – time limits for debates on individual motions;

    • A2(ii) – submission of amendments of motions in advance;

    • A3(ii) – limiting the nature of motions;

    • B3 – number of councillors required to request call-in;

        1. to adopt the changes proposed in respect of the remaining items set out in Annex 1 (download as .doc file) to the report;

        2. that except as otherwise mentioned in Annex 1 (download as .doc file)1, the changes agreed under (a) and (b) above be of immediate effect;

        3. to authorise the Head of Democratic Services to make the necessary amendments to the Constitution to give effect to (a) and (b) above.

 

DEREK BISHOP
Head of Democratic Services

Background Papers: Report to Political Group Leaders, 12 December 2005

Contact Officers:
Derek Bishop Head of Democratic Services (tel: 01865 815889)
John Leverton Head of Committees Services (tel: 01865 815314)

December 2005

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