Minutes:
The Chairman of the Standards Committee presented the report of the meeting held on 8 February 2023.
1. Task and Finish Group (Council Procedure Rules Review) (minute 17)
A written AMENDMENT was MOVED by Cllr Mrs N Woollatt, seconded by Councillor A Wilce that:
a) The Council Procedure Rule 25.2 be suspended to allow the following amendments to be made to the Constitution at its next meeting.
b) Subject to any further changes to recommendations (c), (d) and (g) below, the Council Procedure Rules be amended as outlined in Appendix B to this report subject to the following:
i. Under 4.3 word ‘approved’ be removed, to read “the Chief Executive will send a summons”.
ii. With the removal of “present at the meeting where physical presence is required (or in attendance including remotely where such physical presence is not required)” from 6.1.
iii. That point 9 to 9.2, single issue debate be kept, pending an investigation by the Monitoring Officer as to whether it could be removed.
iv. That 11.1.6 (b) be kept unchanged, but with proposition changed to motion.
v. That 12.1 (b) (rules of debate) and the paragraph below, not be removed, pending an investigation by the Monitoring Officer as to whether it could be removed.
vi. That section 106 of the Local Government Finance Act 1992 be added to the constitution under section 15.7, voting.
c) The Council Procedure Rules regarding Member Questions be amended as set out in Appendix B Rule 10. except for the removal of text at 10.2 (b) and 10.2 (d)
Entire extract of 10.2 copied here for clarity and context with text to be removed struck through in bold.
10.2 Questions on notice at full Council
A Member of the Council may, ask the Chairman of the Council, the Leader, a Cabinet Member or the Chairman of any Committee any question which:
(a) concerns the Council’s powers / duties or which otherwise affects the District;
(b) relates to matters on which the Council has or may determine
a policy;
(c) the Member has provided written notice of the question to the Chief Executive no later than noon, two clear days preceding the Council meeting;
(d) the question has
first been discussed at a meeting of the Cabinet or Committee and
the Member is not satisfied with the adequacy of the answer
contained in the relevant Minutes; and
(e) the question is not (in the opinion of the Chairman taking account of the advice on the matter from the Chief Executive, Monitoring Officer or Member Services Manager) one which:
(i) is scurrilous, improper, capricious, irrelevant or otherwise objectionable
(ii) is substantially the same as a question which has been put at a meeting of the Council (or other meeting to which these rules apply) in the past six months;
(iii) requires the disclosure of confidential or exempt information unless the question is raised in closed session;
(iv) contains expressions of opinion; or
(v) relates to questions of fact.
d) The Council Procedure Rules regarding Public Questions be amended as set out in Appendix B Rule 8 subject to the additions and omissions shown by strike through and bold text below:
8.
Questions and
Statements by from the
Public
8.1 Residents, electors or business
rate payers of the District may make a statement
or shall be entitled
to ask questions at
a meeting which provided
that:
(a) concerns the Council’s powers / duties or which otherwise affects the District; Where a question does not relate to an agenda item, and a response is required from a member or an officer, the question must be submitted to the Member Services Manager two working days before the meeting to give time for a response to be prepared. Where such advance notice is given, the questioner may ask a supplementary question at the meeting, if it is relevant to the original question. Contributions from members of the public will be limited to 3 minutes and 15 minutes (extendable at the Chairman’s discretion) will be available at the beginning of meetings for such questions and statements.
(b) At all meetings of the Cabinet, PDGs, Scrutiny, Audit and Standards Committees, members of the public have the general right to make statements and/or ask questions in respect of all agenda items. The normal procedure to be that after a report has been introduced by the relevant Portfolio holder and/or officer the Chair will enquire of any member of the public whether they wish to speak in respect of the matter and/or ask questions. In each case, contributions from members of the public will be limited to 3 minutes.
(c) The Chair of any meeting has the right and discretion to control question time to avoid disruption, repetition and wasting of meeting time.
(d) NB Planning Committee has its own arrangements for public questions
(a) the question(s) are relevant to an item on the Agenda
for that meeting;
(b) all the questions from one body shall not
exceed three minutes when read out;
(c) written notice has been given to the Member
Services Manager by noon plus
one clear working day before the meeting (via
email or otherwise as he / she
agrees) of the question(s) to be asked;
and
(d) the questions have not been rejected in
accordance with Rule 8.5.
8.2 Time for Public Questions
Any public question shall be dealt with at the
beginning of the Agenda and limited to 30 minutes provided that the
Chairman may extend the time, or proceed to the next agenda time
within the shortened period if there are no questions or all
permitted questions are answered.
8.3 8.2 Attendance
Persons submitting questions must be present (remotely or in person) at the meeting unless the Chairman agrees to address the questions in the questioner’s absence.
8.4 8.3 Order
of Questions
Questions will be asked in the order they have been received.
8.5 Scope
The Chairman may, following advice from either
the Chief Executive, Monitoring Officer or Member Services Manager,
reject a question giving reasons for that rejection, if
it:
(a) Is not about a matter for which the Council
has a responsibility or which affects the District;
(b) Is in his/her opinion scurrilous, improper,
capricious, irrelevant or otherwise objectionable;
(c) Is substantially the same as a question
which has been put at a meeting to which these rules apply in the
past six months; or
(d) Requires the disclosure of confidential or
exempt information.
8.6 Supplementary question
At the discretion of the Chairman questioners
may ask one supplementary question
e) Members’ Business remain on full Council but Members be asked to take account of the guidance on its use set out in this report at paragraph 4.4.
f) The requirement for the Planning Committee to consider an Implications Report (if it proposes to determine an application contrary to policy and officer recommendation) before decision confirmed, be removed.
g) The rules on Substitute Members be amended so that trained substitutes may come from any group where there is no other trained Member in the permanent Members’ political group.
h) The practice at full Council for Chairs to have to read out minutes of each committee (including PDGs and Cabinet) be changed to reading out the minute number range and asking if there are any questions on any of those minutes.
A further AMENDMENT was MOVED by Cllr Mrs M Squires, seconded by Cllr C Slade that:
For the written amendment to be put back to the Standards Committee after the election, to be discussed in full.
Upon a vote being taken the AMENDMENT was declared to have CARRIED.
A MOTION was MOVED by Councillor G Barnell, seconded by Councillor J Downes that:
The Standards Report and the written amendment be referred to the next Standards Committee.
Upon a vote being taken the AMENDMENT was declared to have CARRIED.