Issue - meetings

Changes to the Constitution (?)

Meeting: 14/05/2018 - Council (Item 9)

9 Changes to the Constitution pdf icon PDF 98 KB

To receive a report from the Director of Legal and HR Services seeking approval to a number of changes to the Constitution, in accordance with Standing Order 27(g).

 

Members are asked to note that this report will be circulated in advance of the meeting as a supplementary item.

Additional documents:

Decision:

AGREED

 

(1)       To approve the changes to the Constitution as detailed within the report.

 

(2)       To authorise the Director of Legal and HR Services to amend the Constitution accordingly, including the making of any necessary or consequential changes.

 

(3)       To note that, to the extent changes relate to executive functions of the Council, these have been approved by the Leader.

Minutes:

The Mayor then moved on to invite Councillor Butt to introduce the report from the Director of Legal and HR Services setting out a number of proposed changes to the Council’s Constitution.

 

In introducing the report Councillor Butt advised that the report set out a number of proposals designed to streamline the Council’s committee and decision making structure including a merger of the Audit and Standards Committees; extending the remit of the Licensing Committee; discontinuing and reallocating the functions of the Highways and Equalities Committees.  The report also proposed updates to the Council’s Local Code of Corporate Governance along with a number of other minor changes relating to the Scheme of Delegation; Proper & Statutory Officer functions and guillotine procedure for council meetings.

 

The Mayor then invited any other Members to speak, with Councillor Kansagra expressing concern at what he felt to be the limited consultation with Members on the proposed changes.  In response to the concerns raised, the Chief Executive confirmed that the proposals had been subject to consideration by the Constitutional Working Group (CWG) in May 18 at which the Conservative Group had been represented.

 

As there were no other Members who indicated they wished to speak on the report, the Mayor put the recommendations to the vote by a show of hands and they were declared CARRIED.

 

It was therefore RESOLVED that:

 

(1)       the changes to the Constitution proposed within the report be approved;

 

(2)       the Director of Legal and HR Services be authorised to amend the Constitution accordingly, including the making of any necessary incidental or consequential changes.

 

(3)       to note that, to the extent the changes related to executive functions of the Council, they had been approved by the Leader of the Council.


Meeting: 17/05/2017 - Council (Item 6)

6 Changes to the Constitution pdf icon PDF 99 KB

For Full Council to agree any changes to the Constitution, in accordance with Standing Order 32 (g).

Additional documents:

Minutes:

Councillor Butt directed Members’ attention to the report on proposed changes to the Council’s Constitution. He noted that the changes laid out had been through the Council’s formal Constitutional Working Group (CWG) and had been the subject of countless discussions in order to draft the changes. He stated that the changes proposed were positive for the Council and that the envisaged creation of a new Housing Scrutiny Committee and Audit Advisory Committee would enhance democracy and accountability across the Council.

 

The Mayor invited Councillor Warren to speak on the Brent Conservative amendment (to delete Standing Order 13 (a) – Vote of No Confidence in the Leader). Councillor Warren stated that he had spoken about this issue before back in 2014 but that no progress had been made in changing the system of voting no confidence in the Leader of the Council. He said that this standing order, as things stood, lacked democratic legitimacy and accountability because of the raft of constitutional stipulations which needed to be undertaken before a vote could be held.

 

Councillor Kansagra commented that this issue had already been discussed and decided upon at previous Full Council meetings. He made the point that opposition groups should accept that the Leader will be comprised from the largest party at the Council and it is up to them to decide who the Leader will be. He outlined that the Council had a Constitution which it adhered to and that the proposed amendment was unnecessary. 

 

Councillor Butt responded stating that Councillor Warren had always had the opportunity to attend internal CWG meetings and put forward his proposal but had chosen to come to the annual meeting to disrupt proceedings and to try and score political points.

 

Councillor Warren requested a recorded vote on the Brent Conservative Group’s proposed amendment. The amendment was put to the vote and declared LOST.

 

Voting was recorded as follows:

 

FOR the amendment (3):

 

Councillors Carr, Shaw and Warren.

 

AGAINST the amendment (45):

 

Councillors Aden, Agha, Ahmed, Allie, Bradley, Butt, Chan, S Choudhary, A Choudhry, Colacicco, Colwill, Crane, Daly, Davidson, Denselow, Dixon, Duffy, Ezeajughi, Farah, Harrison Hector, Hirani, Hoda-Benn, Hossain, Hylton, Jones, Kabir, Kansagra, Long, Maurice, McLeish, McLennan, Miller, Moher, J Mitchell Murray, W Mitchell Murray, Naheerathan, R Patel, Perrin, Ketan Sheth, Krupa Sheth, Southwood, Tatler, Thomas and Van Kalwala.

 

ABSTENTIONS to the amendment (2):

 

Councillors Chohan and Mahmood.

 

(Note: Councillors Conneely, Kelcher, M Patel and Stopp had left the meeting at the time of the recorded vote)

 

The recommendations on the changes to the Constitution contained within the report for agenda item number six were then put to a vote and declared CARRIED.

 

It was therefore RESOLVED that:

 

(i)         The changes to the Constitution proposed within the report for agenda item number six and authorisation for the Chief Legal Officer to amend the Constitution be approved; and

 

(ii)        The proposed amendments to the Members’ Allowance Scheme and authorisation for the Chief  ...  view the full minutes text for item 6