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The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED: The Committee AGREED to note the provisions of the Local Government Guidance for Principal Councils (draft) set out in Appendix A and the arrangements being made to take account of it and provide any appropriate comments.
RESOLVED: The Committee AGREED to: 1. Provide views on the constitutional rules governing meetings of the full Council and the Cabinet which the Committee wishes to amend or review, having regard to the specific suggestions set out in the report, and the extent and form of any consultation they wish to carry out with individual councillors and /or political groups on this; 2. Delegate authority to the Monitoring Officer, in consultation with the Chair, to carry out consultation as agreed by the Committee and either to bring a report back to this committee or submit any agreed changes to the Constitution to full Council for approval, as appropriate; 3. Provide views on any other areas of the Constitution, which the Committee wishes to amend or review; and 4. Request the Monitoring Officer to prepare further reports on any other potential changes, with reference to the issues identified under Recommendations 1 and 3 above, if appropriate, for consideration by the Committee at a suitable future meeting. That a Constitution Committee Workshop be organised to address issues outlined above.
RESOLVED: The Committee AGREED to: 1. Consider and agree the Constitution amendments set out in this report and Appendices A to G, subject to any agreed changes; 2. Authorise the Monitoring Officer, in consultation with the Chair, to draft any further amendments to reflect the views of the Committee; and Recommend the agreed Constitution amendments to full Council for approval.
RESOLVED: The Committee AGREED the Forward Work Plan 2022-2023 and the areas considered as priorities as set out in Appendix A, with any agreed changes.
The Committee noted that Council, at its annual meeting, on 26 May 2022 elected Councillor Goodway as Chair of this Committee for the Municipal Year 2022/23
The Committee noted that Council, at its annual meeting on 26 May 2022 and subsequent meetings on 30 June and 21 July 2022 agreed the following membership of the Committee and Terms of Reference: Councillors Berman, Carter, Cowan, Cunnah, Elsmore, Ferguson-Thorne, Gibson, Green, Lent, Michael & Moultrie Terms of Reference: To note that Council, at its annual meeting on 26 May 2022 the following Terms of Reference: To review the Council’s Constitution, and to recommend to Council and/or Cabinet any changes, except that the Committee will have authority (subject to the Monitoring Officer’s advice) to make the following changes on behalf of the Council:- a) Drafting improvements to enhance clarity and remove minor anomalies. b) Updating to reflect legislative changes and matters of record. c) Amendments to the Financial, Contracts and Land Procedure Rules subject to the advice of the S.151 Officer being sought)
There were no declarations of interest.
The minutes of the 28 February 2022 were agreed as a correct record and signed by the Chairperson.
Decision as recorded
RESOLVED: The Committee AGREED to note the provisions of the Local Government Guidance for Principal Councils (draft) set out in Appendix A and the arrangements being made to take account of it and provide any appropriate comments.
The report was to allow the Committee to formally consider draft Statutory Guidance for Principal Council’s in Wales issues by the Welsh Government earlier this year. The Committee noted that at its last meeting in February 2022 the Constitution Committee received a number of reports on specific aspects of the new legislation, including the Council Petition Scheme, Constitution Guide, Multi-Location Meeting Arrangement and Cabinet Job Sharers and Assistants to the Cabinet (within the Constitution Update report). Whilst the 2021 Act creates standalone provision for certain matters, it also amends sometimes extensively, previous legislation in the Local Government Act 2000 (‘the 2000 Act) and the Local Government (Wales) Measure 2011 (‘the 2011 Measure’) Statutory guidance issues under the 2000 Act and the 2011 Measure on matters such as executive arrangements, constitutions, scrutiny, training and development for elected members and the timing of meetings was issued several years ago and does not reflect the legislative changes in the 2021 Act, nor wider legislative change such as the Equality Act 2010 and the Well-being of Future Generation (Wales) Act 2015. The Welsh Government, Local Government: Guidance for Principal Councils (draft) was issued for consultation on 17 March 2022 and was appended as Appendix A to the report. The Standards and Ethics Committee at its meeting on 22 June 2022 considered the consultation, specifically consultation question 6 in relation to the Members register of interest and provided their response. As very few other Committee meetings had been scheduled during the consultation period, which coincided with the period leading up to, and immediately following, the May 2022 local government elections, officers consulted with relevant Members, including the Constitution Committee Chair, and compiled a composite response, which was emailed to all members of relevant Committee’s prior to submitting the response on behalf of the Council. The Welsh Government had indicated its intention to publish the statutory guidance and constitution direction in the autumn of 2022, with the aim of incorporating this guidance and other relevant existing guidance into a larger guide which has to date been described as the Democracy Handbook. RESOLVED: The Committee AGREED to note the provisions of the Local Government Guidance for Principal Councils (draft) set out in Appendix A and the arrangements being made to take account of it and provide any appropriate comments.
Decision as recorded
RESOLVED: The Committee AGREED to: 1. Provide views on the constitutional rules governing meetings of the full Council and the Cabinet which the Committee wishes to amend or review, having regard to the specific suggestions set out in the report, and the extent and form of any consultation they wish to carry out with individual councillors and /or political groups on this; 2. Delegate authority to the Monitoring Officer, in consultation with the Chair, to carry out consultation as agreed by the Committee and either to bring a report back to this committee or submit any agreed changes to the Constitution to full Council for approval, as appropriate; 3. Provide views on any other areas of the Constitution, which the Committee wishes to amend or review; and 4. Request the Monitoring Officer to prepare further reports on any other potential changes, with reference to the issues identified under Recommendations 1 and 3 above, if appropriate, for consideration by the Committee at a suitable future meeting. That a Constitution Committee Workshop be organised to address issues outlined above.
The Committee received a report which provided an opportunity to consider potential areas of change to the rules for meetings of full Council and Cabinet and other areas of the Constitution. The Chair provided background information to the Committee which included previous updates and changes to the Council’s Constitution. The Chair drew attention to the issues that needed to be addressed. Full Council Meetings: · Cabinet Member questions to Oral Questions to be dealt with in a separate meeting. · Shorter time limits · A guillotine time · Notice of Motions and Members in support and number of Ordinary Motions · Accepted amendments to motions · Written Questions · Oral Questions · Written Statements Cabinet Meetings: · Group Leaders speaking rights at Cabinet meetings Other Constitutional issues · Principal Council’s Consultation document · Shared Community: Charter between Cardiff Council and Community Council’s · Council’s Whistleblowing Policy The Committee discussed the potential changes to the Council Meeting Procedure Rules and discussed time limits for Oral Questions, guillotine time, number of Ordinary Motions and the start time of the Council meeting. The Committee discussed the amendments to Notices of Motion and the wording of amendments when they were accepted and became the substantive motion. Members of the Committee discussed answers to Oral Questions, if a member was not in the Council Chamber when the Oral Question should have been asked then a written answer should not be provided. However, if the member was attending remotely and the technology failed another member could ask that specific question. The Committee discussed Written Statements, in relation to Cabinet Members explaining proposals, their purpose and planned scrutiny consideration. The Committee discussed the technology at meetings and were of the view that the software did have a few issues when members attended remotely and the also the voting system at Council. The Committee were reminded that Microsoft Team did not support the Welsh Language. Members discussed Cabinet member and ward issues, in relation to personal interest when making or participating in, decisions on behalf of the authority simply for the reason that the business being considered at the meeting affected that Members Ward’. The Committee discussed the Shared Community Council’s Charter between Cardiff Council and Community Council’s in Wales. The Chairperson suggested that a Constitution Committee Workshop take place where they could address the guillotine time when Council meetings would end and any business remaining to be put to the vote without debate and the timing for Oral Questions. Scrutiny Committee’s confidential appendices would also be discussed at the workshop. RESOLVED: The Committee AGREED to: 1. Provide views on the constitutional rules governing meetings of the full Council and the Cabinet which the Committee wishes to amend or review, having regard to the specific suggestions set out in the report, and the extent and form of any consultation they wish to carry out with individual councillors and /or political groups on this; 2. Delegate authority to the Monitoring Officer, in consultation with the Chair, to carry out consultation as agreed by the Committee and either to bring a report back to this committee or submit any agreed changes to the Constitution to full Council for approval, as appropriate; 3. Provide views on any other areas of the Constitution, which the Committee wishes to amend or review; and 4. Request the Monitoring Officer to prepare further reports on any other potential changes, with reference to the issues identified under Recommendations 1 and 3 above, if appropriate, for consideration by the Committee at a suitable future meeting. That a Constitution Committee Workshop be organised to address issues outlined above.
Decision as recorded
RESOLVED: The Committee AGREED to: 1. Consider and agree the Constitution amendments set out in this report and Appendices A to G, subject to any agreed changes; 2. Authorise the Monitoring Officer, in consultation with the Chair, to draft any further amendments to reflect the views of the Committee; and Recommend the agreed Constitution amendments to full Council for approval.
The report enabled the Committee to consider recommended constitution changes in relation to: · Cabinet Job Sharing · Governance and Audit Committee, Chair and Vice-Chair · Electronic signing and sealing of documents · Cardiff Bus Pension Scheme, Delegated Authority · Strategic Estates delegations · Register of Members (Home addresses) · Planning Committee membership (Multi-member wards) and · All Party Council Groups, Officer support. The Members discussed All Party Groups and the witness that would provide evidence. Committee Members were of the view that councillors should be able to invite externals as witnesses which included external groups and not elected representatives. RESOLVED: The Committee AGREED to: 1. Consider and agree the Constitution amendments set out in this report and Appendices A to G, subject to any agreed changes; 2. Authorise the Monitoring Officer, in consultation with the Chair, to draft any further amendments to reflect the views of the Committee; and Recommend the agreed Constitution amendments to full Council for approval.
Decision as recorded
RESOLVED: The Committee AGREED the Forward Work Plan 2022-2023 and the areas considered as priorities as set out in Appendix A, with any agreed changes.
The report asked the Committee to consider and approve the Forward Work Plan for 2022-23. RESOLVED: The Committee AGREED the Forward Work Plan 2022-2023 and the areas considered as priorities as set out in Appendix A, with any agreed changes.
There were no urgent items
There is a Constitution Committee Workshop scheduled to take place on Wednesday 25 January 2023.
Councillors must say when they have a personal link to something being discussed, such as a job, a property or a family member. A prejudicial interest is one strong enough that the councillor usually leaves the room and takes no part.
Declarations are read from the minutes once they are published.
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