Agenda item - Six Month Review of the Constitution

Extract from the proceedings of the Governance Committee meeting held on the 10 March 2009, together with a report of the Director of Strategy & Governance (copies attached) and an extract from the proceedings of the Cabinet meeting held on the 23 April (to be circulated).

Note:  This item was taken directly after Item 81 on the agenda but is shown in consecutive order for the numbering of the minutes.

85.1       Councillor Ann Norman introduced the report and the recommendations of the Governance Committee, which were detailed in the extract from the meeting, held on the 10^th March.  She stated that the report had been to both the Cabinet and the Governance Committee and had proved to be a more in-depth review of the constitution than had been anticipated.  She stated that the various responses received had been carefully considered and a number of aspects had been accommodated or were now recommended for approval by the council.  She wished to thank the officers involved in the review for their work, and noted that work would begin on the 12-month review which would enable further consideration of matters raised previously and any other aspects that were raised.  Councillor Norman noted that within the addendum papers an additional recommendation was detailed in respect of the proposed change of name for the Culture Directorate to that of Culture and Enterprise and in respect of the amendment put forward by Councillor Watkins, she was happy to accept it and therefore wished to formally move the recommendations as amended.

85.2       Councillor Smart formally seconded the motion to approve the recommendations as amended.

85.3       Councillor Watkins stated that he wished to move the amendment, which called for the establishment of an all-party working group to examine how community groups could be involved in the development of service delivery by the council.  He noted that whilst the City Inclusion Partnership was proving to be an excellent vehicle, there was some concern over the loss of the Equalities Forum, which had provided an important link with the communities of interest and an ability to raise and discuss matters, something which had been lost with the establishment of the Partnership.

85.4       Councillor McCaffery formally seconded the amendment and stated the Community Engagement Framework was an excellent document, but she felt that there was a need to engage with the community groups at a similar level to that at the Equalities Forum and she hoped this could be achieved as part of the 12-month review of the constitution.

85.5       Councillor Fryer welcomed the amendment and stated that she hoped it would lead to further changes being made to enable greater engagement and involvement with the community groups and a public forum for the consideration of equality issues.

85.6       Councillor Oxley stated that as the previous Leader of the Council who oversaw the introduction of the new constitution, he had been keen to ensure the decision-making process remained open and transparent.  He believed this had been achieved and wished to thank Councillor Norman and the members of the Governance Committee for their work in respect of the 6-month review of the constitution.  He hoped that all Members would use the options open to them to contribute to the decision-making process, such as questions to Cabinet and/or Cabinet Member meetings and noted that the opposition groups held 4 out of the 6 Chairs of the Overview & Scrutiny Committees.  He believed the proposed amendment would allow for further consideration of how community groups could be involved and hoped that the 12-month review would also look at how better to call outside bodies to account as part of the scrutiny process.

85.7       Councillor Elgood stated that he believed there was a void in relation to the question of equalities issues with the loss of the Equalities Forum and he hoped the 12-month review would address this.  He also felt that further consideration needed to be given to Neighbourhood Forums and the use of the Forward Plan, which should have a greater level of detail in terms of items coming forward for decision.

85.8       Councillor Taylor stated that he felt the 6-month review had missed an opportunity to address certain issues such as the involvement of community groups and had failed to address the concerns raised by the Green Group over the need for a separate Overview & Scrutiny Committee for Community Safety.  He hoped that these matters would be taken forward as part of the 12-month review.

85.9       Councillor Simson stated that she had taken on the responsibilities for Inclusion and Equalities and would ensure matters were raised at Cabinet.  She believed the Community Engagement Framework would enable greater involvement and understanding and that the City Inclusion Partnership was beginning to have a positive effect.

85.10    Councillor Ann Norman noted the comments and stated that the Governance Committee had been involved throughout the process of the 6-month review and she felt had contributed to the recommendations that came forward.  She hoped that the 12-month review would provide the opportunity to revisit some issues and consider other aspects which would lead to positive changes where they were needed.  In the meantime she was happy to move the recommendations as amended.

85.11    The Mayor noted that the recommendations together with the amendment had been moved and sought confirmation from the council.

85.12    RESOLVED –

(1)   That the proposals for amendments to the Constitution as set out at paragraphs 4.2, 4.3, 4.4.4, 4.4.6. 4.4.7 and 4.4.9 be approved;

(2)   That the change of name of the Directorate of Culture to Culture and Enterprise to reflect the role of the department in relation to economic development and support to local businesses be approved; and

(3)   That an all-party working group be set up to examine how a better focus can be given to the involvement of community groups and their representatives within the council’s service delivery and to allow for issues relating to this to be easily raised and addressed, and for the recommendations from this group to be fed directly into the consultation on the 12-month review.

Refreshment Break

85.13    The Mayor then adjourned the meeting at 6.20pm for the refreshment break.

85.14    The Mayor reconvened the meeting at 6.55pm and proceeded to take Item 82 as listed on the agenda.