Agenda item

Purpose: To update Council regarding the work undertaken by the Constitution Review Task Group to date, and to propose the approval of the proposed Constitutional updates detailed in the report. The report also advises of the further work that will be undertaken in anticipation of further revisions that are due to be brought forward to Council in December.

The Council considered a report (Agenda Item 17) which provided an update on the work undertaken by the Constitution Review Task Group to date, and proposed the approval of Constitutional updates. The report also advised of the further work that would be undertaken in anticipation of further revisions due to be brought forward to Council in December 2022.

MOTION: Proposed by Councillor Thomas Marino and seconded by Councillor Graham Bridgman:

“That Council:

(a)  approves the Meeting Rules including the Meeting Rules Table, the Questions Appendix, and the Petitions Appendix, which are attached at Appendix A to this Report;

(b)  approves the Council Rules, which are attached at Appendix B to this Report;

(c)  approves the Executive Rules, which are attached at Appendix C to this Report;

(d)  approves the Council Bodies Rules, which are attached at Appendix D to this Report;

(e)  approves the following Bodies Rules, which are attached at Appendix E to this Report:

·         Appeals Appendix

·         Governance Appendix

·         Health and Wellbeing Appendix

·         Health Scrutiny Appendix

·         Joint Public Protection Committee Appendix

·         Licensing Appendix

·         Licensing Sub-Committee Appendix

·         Personnel Appendix

·         Planning Appendix

·         Scrutiny Appendix

(f)   notes that the above Rules will replace current Parts of the Constitution, namely:

·         Part 4 – Council Rules of Procedure

·         Part 5 – Executive Rules of Procedure

·         Part 6 – Overview and Scrutiny Rules of Procedure

·         Part 7 – Regulatory and Other Committees

·         Part 12 – Personnel Rules of Procedure

·         Part 13 - Codes and Protocols – Appendix A - West Berkshire Code of Conduct for Planning

·         Part 13 – Codes and Protocols - Appendix B - Protocol for Decision-Making by Individual Executive Members

·         Part 13 - Codes and Protocols - Appendix B1– Individual Decision making Process

·         Part 13 - Codes and Protocols – Appendix C - Procedure Rules for Dealing with representations

·         Part 13 - Codes and Protocols - Appendix G - West Berkshire Code of Conduct for Licensing

·         Part 13 - Codes and Protocols – Appendix I - Councillor Call for Action Protocol

(g)  agrees that the changes to the Constitution detailed in this report take effect from 1 January 2023;

(h)  delegates to the Monitoring Officer in consultation with the Chairman of the Constitution Review Task Group the power to make minor additional corrections to the parts of the Constitution to ensure consistency in terminology and presentation.

Councillor Marino introduced the report and commended the work of the officers and Members involved in the Task Group. He highlighted how this had begun as a ‘tidying up’ exercise which had evolved in to a consolidation process, and believed Members would agree that the new parts formed a cohesive whole containing all pertinent information. Councillor Marino confirmed that the documents required further typographical and tidying edits, and a glossary was being developed to capture a number of defined terms used throughout. He referred to the recommendation delegating authority to the Monitoring Officer, in consultation with the Chairman of the Constitution Review Task Group, to make minor additional corrections and noted the intent to take any revisions to a future meeting of the Task Group for robustness. More substantive amendments required as identified by the Monitoring Officer would subsequently be brought before Council for consideration.  

Councillor Andy Moore advised he had been a member of the Task Group since its inception and that he supported the Motion. He also commended the work of officers, and in particular the work of the Chairman of the Task Group, Councillor Graham Bridgman. 

Councillor David Marsh indicated his support for the Motion and praised the Chairman of the Task Group for his patience and editing skills, and also in taking forward the work with courtesy and a cross party consensus. He then highlighted his political group’s position that constitutional amendments should be taken further, in particular the abolishment of the executive decision-making model and a return to a committee system.  

Councillor Graham Bridgman thanked Councillors Moore and Marsh for their kind words, and expressed gratitude to the officers for their sterling work and to the members of the Task Group for their involvement. He widened his thanks to all those Members who engaged with the two workshops that were held, as well as to the various Chairmen and Vice-Chairmen who had engaged with a paper process looking at revisions relating to particular Committees and Boards. Councillor Bridgman encouraged his colleagues to report any minor issues they identified in the draft documents to him and the Monitoring Officer.  

In conclusion, Councillor Marino also expressed his thanks to officers and the members of the Task Group and invited Council to support the Motion.  

The Motion was put to the vote and duly RESOLVED.