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The decisions as the council's minutes record them. A plain-language summary follows once it has been written.
RESOLVED That Council be recommended: (a) That Section 4.29.1 be amended as follows: All of these Council Rules of Procedure, with the exception of Rules 4.23.1, 4.23.2, 4.23.5 and 4.24.2, may be suspended by motion on notice or without notice if at least one half of the whole number of Members of the Member Body are present. Suspension can only be for the duration of the meeting. (b) That the budget proposals be taken to each Overview and Scrutiny Committee to enable it to scrutinise the budget relating to its area; and that the resultant addition is made to the terms of reference of each Overview and Scrutiny Committee. (c) That the Reserve Member Protocol be amended as outlined below: (i) Up to an hour before the commencement of the Meeting of the Body at which a Member wishes to be substituted (“the Meeting”), the Declaring Member must notify the Head of Democratic Services, in writing, of their absence and desire to be substituted. The Declaration must contain an explanation for the proposed absence in a manner which is suitable for the Chair to read out publicly at the Meeting. (ii) The Declaring Member will contact the other Members on the Reserve List whose political affiliation matches their own to establish who is available to stand in as the Substitute Member. (iii) The Declaring Member will advise the Head of Democratic Services who will be attending as the Substitute Member. (iv) The Head of Democratic Services, or an officer on their behalf, will advise the Chair and the meeting of the change of membership for the duration of the meeting. (v) Where a Member has to leave the meeting or has left and the Chair is advised that the meeting will become inquorate, a Substitute Member may stand in for the Declaring Member. If necessary, the meeting will be paused to enable the Substitute Member to join the meeting. (vi) All Substitute Members will be invited to attend the meeting for those Members that have left the meeting. (vii) The Substitute Member may only vote on items of business where they have been present for the duration of the item. Otherwise, they must abstain from the vote. (d) That a standing Agenda item entitled ‘Non-Committee Members wishing to speak on an Agenda Item’ be implemented to prompt the Chair to advise of any requests they have accepted or rejected and the reasons for any refusals.
RESOLVED That the following changes to the Governance and Audit Committee’s Terms of Reference in the Constitution be recommended to Council: (a) That under Section 14, Part 4 of the Constitution, the following wording be removed: Section 35: To receive the draft annual statement of accounts following approval by the s151 Officer. Specifically, to consider whether appropriate accounting policies have been followed. (b) That under Section 14, Part 4 of the Constitution, the following wording be amended: Section 36: To review the final audited annual statement of accounts. Specifically to consider whether there are concerns arising from the financial statements or from the audit that need to be brought to the attention of the Council.
There were no declarations of interest made.
Moved by Councillor Jacob Williams; Seconded by Councillor Huw Murphy. The vote, undertaken by way of a show of hands, was carried. Councillor Sam Skyrme-Blackhall abstained from the vote due to not being a Committee Member at the previous meeting. RESOLVED That the Minutes of the Meeting held on 8 July 2024 be approved as a correct record.
Decision as recorded
RESOLVED That Council be recommended: (a) That Section 4.29.1 be amended as follows: All of these Council Rules of Procedure, with the exception of Rules 4.23.1, 4.23.2, 4.23.5 and 4.24.2, may be suspended by motion on notice or without notice if at least one half of the whole number of Members of the Member Body are present. Suspension can only be for the duration of the meeting. (b) That the budget proposals be taken to each Overview and Scrutiny Committee to enable it to scrutinise the budget relating to its area; and that the resultant addition is made to the terms of reference of each Overview and Scrutiny Committee. (c) That the Reserve Member Protocol be amended as outlined below: (i) Up to an hour before the commencement of the Meeting of the Body at which a Member wishes to be substituted (“the Meeting”), the Declaring Member must notify the Head of Democratic Services, in writing, of their absence and desire to be substituted. The Declaration must contain an explanation for the proposed absence in a manner which is suitable for the Chair to read out publicly at the Meeting. (ii) The Declaring Member will contact the other Members on the Reserve List whose political affiliation matches their own to establish who is available to stand in as the Substitute Member. (iii) The Declaring Member will advise the Head of Democratic Services who will be attending as the Substitute Member. (iv) The Head of Democratic Services, or an officer on their behalf, will advise the Chair and the meeting of the change of membership for the duration of the meeting. (v) Where a Member has to leave the meeting or has left and the Chair is advised that the meeting will become inquorate, a Substitute Member may stand in for the Declaring Member. If necessary, the meeting will be paused to enable the Substitute Member to join the meeting. (vi) All Substitute Members will be invited to attend the meeting for those Members that have left the meeting. (vii) The Substitute Member may only vote on items of business where they have been present for the duration of the item. Otherwise, they must abstain from the vote. (d) That a standing Agenda item entitled ‘Non-Committee Members wishing to speak on an Agenda Item’ be implemented to prompt the Chair to advise of any requests they have accepted or rejected and the reasons for any refusals.
The Committee considered a report by the Head of Law and Governance / Monitoring Officer which outlined a number of elements of the Constitution, for the Committee to review, which included the following as listed in the report: (1) The budget setting process (2) Reserve list protocol (3) Access to speaking at meetings (4) A mechanism for sharing links of meetings to non-Committee Members The Head of Law and Governance then went through each item separately, starting with point one, the Budget setting process. She referred to the point (1a), the ability to require a super-majority specifically in respect of the suspension of Constitutional Rule/Standing Orders, and explained that the Local Government Act 1972, Schedule 12, paragraph 39, stated that all questions coming before Council would be decided by a simple majority, unless the law specified otherwise. The Committee then raised the following points: • Councillor Mike Stoddart sought clarification on the phrase within the report that stated ‘…and in my view suspension for as short a period as possible is preferable’. In response, the Head of Law and Governance explained that suspension of the Constitution by simple majority was preferable, rather than amending the Constitution and that fuller details were outlined in the Working Group report as appended. The Head of Law and Governance then referred to point (1b), which rules could not be suspended, and stated that most of the Authority’s Constitutional rules/Standing orders were discretionary and put in place by the Authority, however, some rules were mandatory as a result of legislation. She highlighted that the Constitutional Review Working Group agreed to amend Section 4.29.1, so that the only matters that could not be suspended in accordance with legislation were as follows: All of these Council Rules of Procedure, with the exception of Rules 4.23.1, 4.23.2, 4.23.5 and 4.24.2, may be suspended by motion on notice or without notice if at least one half of the whole number of Members of the Member Body are present. Suspension can only be for the duration of the meeting. The Committee then raised the following points: • Councillor Stoddart questioned whether the rule in the Constitution regarding suspension could also be suspended. The Head of Law and Governance stated that she would need to check the law to see whether it was a rule that could not be suspended, but highlighted that it was not flagged up in the model Constitution. Councillor Stoddart commented that the majority could suspend the rules of the Constitution, not just for a meeting, and stated that he was uncomfortable with the possibility. [Councillor David Howlett joined the meeting at this juncture.] • The Head of Law and Governance sympathised with Councillor Stoddart’s point, but explained that the majority had control over how much of the Constitution was in place at any given time, unless it was a rule that was going to breach the law. • The Chair suggested that the suspension rule be looked into before Council, where a further discussion could take place on the matter. The Head of Law and Governance then referred to point (1c), alternative budget proposals and potential provisions that would allow Council to send a budget back to Cabinet, if not minded to support. She explained that due to the budget timetable currently in place, no changes were recommended to be made to the Constitution at this time. She also referred to the suggested provisions outlined by the Working Group, as outlined in the report, and highlighted that the Working Group were content with the fact that currently nothing could be put in the Constitution to improve the budget setting procedure. The Committee then raised the following points: • The Chair agreed that the Working Group recommended that the status quo remain, due to the additional meeting in the municipal calendar for the budget setting process, which would allow for any disagreement to be dealt with. • Councillor Stoddart mentioned the ‘ping-pong’ provision, as outlined in the report, and stated that the extra meeting that the Chair referred to would allow for this provision. The Head of Law and Governance then referred to point (1d),Overview and Scrutiny Committees to review the budget proposals, and explained that the Working Group agreed to recommend to Council that the budget proposals be taken to each Overview and Scrutiny Committee, to enable it to scrutinise the budget relating to its area; and that the terms of reference of each Overview and Scrutiny Committee be altered to reflect that. The Committee had no comments on this element. The Head of Democratic Services referred to point two, the Reserve List Protocol, and stated that the Working Group looked at whether it was appropriate to have on-the-day changes and mid-meeting changes to Committee Memberships. She highlighted that the Working Group supported relaxing the requirement to allow a 24 hour notice period for any substitutions, up to one hour before the start of a meeting. In regards to mid-meeting changes, the Working Group determined that this was only appropriate if there was an issue with quorum. She explained that in those circumstances, it was felt that the Substitute Member for those Members who had left or had given notice of leaving the meeting, be invited to join. It was also said that the Working Group supported the declaring Member contacting the substitute Member, which would assist the Democratic Services Team. She stated that the outlined changes were on pages 13 and 14 of the Agenda. The Committee had no comments on this element. The Chair then referred to Councillor Stoddart’s earlier question regarding the suspension rule, to which the Head of Law and Governance stated that there was nothing in legislation that would prevent the suspension of the suspension rule. The Head of Democratic Services then referred to point three, access to and speaking at meetings, and explained that the Working Group discussed the principle of non-Committee Members attending a Committee and whether there should be prior notice given to the respective Chair, as a matter of courtesy and respect. She highlighted that Members supported having a standing Agenda item entitled ‘Non-Committee Members wishing to speak on an Agenda Item’, to prompt the Chair to advise of any accepted or rejected requests and the reasons for any refusals. The Head of Democratic Services also sought clarification in regards to the meaning of the word ‘prior’ from Section 9.11.1 in the Constitution, and whether in this context it meant prior to the commencement of the meeting, or prior to the Member wishing to speak during a meeting. The Committee then raised the following points: • The Chair referred to the clarification required in regards to the word ‘prior’ from Section 9.11.1 in the Constitution, and described it as a non-issue. He believed that it had to be prior to speaking. • Councillor Stoddart suggested that it be clarified to mean prior to the meeting, and explained that the relevant Chair would not otherwise be aware of a Member wishing to speak during a meeting. He questioned whether it would have to be announced during the meeting. • The Chair disagreed and believed that the current rule in the Constitution meant prior to speaking, and highlighted that there was a possibility that the Committee could require Members to join a meeting by resolution. He then stated his support for not introducing any change on this matter. • Councillor Huw Murphy agreed with Councillor Stoddart and believed that for a Member to ask to join a meeting at the last minute was not fair on the Chair or Democratic Services. However, he also supported no change on the matter. • The Chair highlighted that the Constitution outlined that if the Chair refuses a Member request, the Committee could allow the request by resolution. He questioned how the Committee could resolve to allow a Member to speak before a meeting when the Committee was not sitting. He suggested that no change be recommended. • Councillor David Howlett also agreed with the previous comments made and believed it to be unfair on the Chair and the Committee to be notified of a Member wishing to speak halfway through a meeting. • Councillor Sam Skyrme-Blackhall also agreed with the previous speakers and highlighted that in her opinion prior meant ‘in advance of’. • Councillor Stoddart suggested that non-committee Members must request the consent of the relevant Chair prior to the meeting, and then the Chair must explain under the standing item in the agenda the requests received and whether they had been refused, and then the Committee would have the power to override the Chair. • The Chair highlighted that this would preclude the ability for a Member to seek to speak during a meeting, that the Committee may wish to hear from. • Councillor Pat Davies also agreed that the rule remain the same, but agreed that ‘prior’ would mean prior to the meeting. • The Head of Law and Governance stated that even if there were no Constitutional changes, it would still be helpful to have Members’ interpretation of the word ‘prior’. • The Chair reiterated that he believed that it meant prior to speaking. The Head of Democratic Services then referred to point four in the report, a mechanism for sharing links of meetings to non-Committee Members, and explained that the Working Group considered whether all Members should be provided with the links to all meetings, regardless of whether they are a Member of the Committee or not. She highlighted that it was agreed by the Working Group that the current practice, as outlined in the report, be maintained and Members be advised to not share links with non-Committee Members. The Committee then raised the following points: • Councillor Stoddart referred to Cabinet meetings and that all Members received the meeting links in order to exercise their right to call-in a decision made. He suggested that there be a right for Members to attend other meetings where exempt information from the public was being discussed, not including the Senior Staff Committee. He then referred specifically to the recent Celtic Freeport Joint Scrutiny Committee meeting, and believed that all Members should have had all the information, and asked that it be reflected in the rules. • The Chair sought clarification as to whether it was current practice for meeting links, such as the Celtic Freeport Joint Scrutiny Committee, to be sent to all Members. The Head of Democratic Services confirmed that that meeting link was not sent to all Members, due to the commercial sensitivity of the information being discussed. • Councillor Stoddart sought clarification as to whether all Members had a right to such information, as suggested under Section 110F of the Local Government Act 1972. In response, the Head of Law and Governance explained that meeting links being sent to Members for joint Committees would need to be reviewed. • The Chair reiterated the fact that the Working Group agreed to keep the status quo in regards to links being shared. The Head of Democratic Services sought confirmation in regards to the implementation of a standing agenda item entitled ‘Non-Committee Members wishing to speak on an Agenda Item’, as outlined in point three. The Chair stated he would support this. Councillor Stoddart also stated that it was a good idea to implement such an item. Councillor Davies also agreed. The Chair then summarised the Recommendations as follows: That Council be recommended: (a) That Section 4.29.1 be amended as follows: All of these Council Rules of Procedure, with the exception of Rules 4.23.1, 4.23.2, 4.23.5 and 4.24.2, may be suspended by motion on notice or without notice if at least one half of the whole number of Members of the Member Body are present. Suspension can only be for the duration of the meeting. (b) That the budget proposals be taken to each Overview and Scrutiny Committee to enable it to scrutinise the budget relating to its area; and that the resultant addition is made to the terms of reference of each Overview and Scrutiny Committee. (c) That the Reserve Member Protocol be amended as outlined below: (i) Up to an hour before the commencement of the Meeting of the Body at which a Member wishes to be substituted (“the Meeting”), the Declaring Member must notify the Head of Democratic Services, in writing, of their absence and desire to be substituted. The Declaration must contain an explanation for the proposed absence in a manner which is suitable for the Chair to read out publicly at the Meeting. (ii) The Declaring Member will contact the other Members on the Reserve List whose political affiliation matches their own to establish who is available to stand in as the Substitute Member. (iii) The Declaring Member will advise the Head of Democratic Services who will be attending as the Substitute Member. (iv) The Head of Democratic Services, or an officer on their behalf, will advise the Chair and the meeting of the change of membership for the duration of the meeting. (v) Where a Member has to leave the meeting or has left and the Chair is advised that the meeting will become inquorate, a Substitute Member may stand in for the Declaring Member. If necessary, the meeting will be paused to enable the Substitute Member to join the meeting. (vi) All Substitute Members will be invited to attend the meeting for those Members that have left the meeting. (vii) The Substitute Member may only vote on items of business where they have been present for the duration of the item. Otherwise, they must abstain from the vote. (d) That a standing Agenda item entitled ‘Non-Committee Members wishing to speak on an Agenda Item’ be implemented to prompt the Chair to advise of any requests they have accepted or rejected and the reasons for any refusals. The Chair Moved the Recommendations; Seconded by Councillor Michelle Bateman. The vote, undertaken by way of a roll call, was carried. For the Motion: Councillors Michelle Bateman, Pat Davies, David Howlett, Rhys Jordan, Huw Murphy, Sam Skyrme-Blackhall, Mike Stoddart and Jacob Williams [8] There were no votes against or abstentions. RESOLVED That Council be recommended: (a) That Section 4.29.1 be amended as follows: All of these Council Rules of Procedure, with the exception of Rules 4.23.1, 4.23.2, 4.23.5 and 4.24.2, may be suspended by motion on notice or without notice if at least one half of the whole number of Members of the Member Body are present. Suspension can only be for the duration of the meeting. (b) That the budget proposals be taken to each Overview and Scrutiny Committee to enable it to scrutinise the budget relating to its area; and that the resultant addition is made to the terms of reference of each Overview and Scrutiny Committee. (c) That the Reserve Member Protocol be amended as outlined below: (i) Up to an hour before the commencement of the Meeting of the Body at which a Member wishes to be substituted (“the Meeting”), the Declaring Member must notify the Head of Democratic Services, in writing, of their absence and desire to be substituted. The Declaration must contain an explanation for the proposed absence in a manner which is suitable for the Chair to read out publicly at the Meeting. (ii) The Declaring Member will contact the other Members on the Reserve List whose political affiliation matches their own to establish who is available to stand in as the Substitute Member. (iii) The Declaring Member will advise the Head of Democratic Services who will be attending as the Substitute Member. (iv) The Head of Democratic Services, or an officer on their behalf, will advise the Chair and the meeting of the change of membership for the duration of the meeting. (v) Where a Member has to leave the meeting or has left and the Chair is advised that the meeting will become inquorate, a Substitute Member may stand in for the Declaring Member. If necessary, the meeting will be paused to enable the Substitute Member to join the meeting. (vi) All Substitute Members will be invited to attend the meeting for those Members that have left the meeting. (vii) The Substitute Member may only vote on items of business where they have been present for the duration of the item. Otherwise, they must abstain from the vote. (d) That a standing Agenda item entitled ‘Non-Committee Members wishing to speak on an Agenda Item’ be implemented to prompt the Chair to advise of any requests they have accepted or rejected and the reasons for any refusals.
Decision as recorded
RESOLVED That the following changes to the Governance and Audit Committee’s Terms of Reference in the Constitution be recommended to Council: (a) That under Section 14, Part 4 of the Constitution, the following wording be removed: Section 35: To receive the draft annual statement of accounts following approval by the s151 Officer. Specifically, to consider whether appropriate accounting policies have been followed. (b) That under Section 14, Part 4 of the Constitution, the following wording be amended: Section 36: To review the final audited annual statement of accounts. Specifically to consider whether there are concerns arising from the financial statements or from the audit that need to be brought to the attention of the Council.
The Committee considered a report by the Director of Resources regarding the Governance and Audit Committee’s Terms of Reference in respect of Financial Reporting. He explained that amendments had been made to the Governance and Audit Committee’s Terms of Reference within the Constitution during 2023, which now need to be reconsidered to ensure they were still required and did not conflict with other areas of the Constitution. He then provided background information in regards to the approval of the Statement of Accounts, consideration of the Draft Statement of Accounts, and the Financial Procedure Rules, and then referred to the suggested amendments, as outlined in the report. The Chair Moved the Recommendations as set out in the report; Seconded by Councillor Pat Davies. The vote, undertaken by way of a roll call, was carried. For the Motion: Councillors Michelle Bateman, Pat Davies, David Howlett, Rhys Jordan, Huw Murphy, Sam Skyrme-Blackhall, Mike Stoddart and Jacob Williams [8] There were no votes against or abstentions. RESOLVED That the following changes to the Governance and Audit Committee’s Terms of Reference in the Constitution be recommended to Council: (a) That under Section 14, Part 4 of the Constitution, the following wording be removed: Section 35: To receive the draft annual statement of accounts following approval by the s151 Officer. Specifically, to consider whether appropriate accounting policies have been followed. (b) That under Section 14, Part 4 of the Constitution, the following wording be amended: Section 36: To review the final audited annual statement of accounts. Specifically to consider whether there are concerns arising from the financial statements or from the audit that need to be brought to the attention of the Council.
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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