Issue - meetings

To receive, in accordance with Standing Order 27(g), a report from the Corporate Director of Law & Governance outlining proposed changes to the Constitution following its annual review.

(Agenda republished on 21 May 24 to include details of further amendment(s) to the Constitution submitted by the Liberal Democrats Group)

Council RESOLVED:

(1)    To agree the amendments to the Constitution as set out in Appendix 1 of the report reflecting the corporate realignment of senior managers and directorates and updating the responsibility for functions, Terms of Reference for the Audit & Standards Advisory Committee and Local Code of Corporate Governance as well as the arrangements for Group Motions at Full Council meetings (under Standing Order 41).

Having been put to the vote, proposed amendments to the Constitution relating to the chairing and vice-chairing arrangements for scrutiny moved by Councillor Georgiou were declared LOST.

(2)    To note that the list of Cabinet Members and Portfolio Holders in Part 1 of the Constitution would be updated to reflect the appointments made and allocation of functions by the Leader.

(3)    To authorise the Corporate Director of Governance to amend the Constitution accordingly, including making any necessary incidental or consequential changes.

(4)    To note that, to the extent the changes agreed under (1) above related to executive functions of the Council, they had been approved by the Leader.

The Mayor invited Councillor Muhammed Butt (as Leader of the Council) to introduce the report from the Corporate Director of Law & Governance.  In presenting the report, Councillor Muhammed Butt advised this detailed a number of proposed changes to the Constitution as a result of its annual review including changes to reflect the recent realignment of senior management functions and changes to Cabinet portfolios.  The other changes outlined included amendments to the procedure for dealing with motions to Full Council (Standing Order 41 Part 2 of Constitution) along with changes to the Audit & Standards Advisory Committee Terms of Reference, Local Code of Corporate Governance (Part 5 of Constitution) and Members Allowance Scheme in relation to the Maternity, Paternity, Adoption and Sickness Pay Policy (Part 6 of Constitution)

Having introduced the report, the Mayor then invited Councillor Georgiou (as leader of the Liberal Democrats Group) to move an amendment to the report submitted prior to the meeting in relation to the chairing arrangements for the Council’s scrutiny function.

Councillor Georgiou began by congratulating the Mayor on his appointment and in moving the amendment started by making reference to the importance of scrutiny as a key element in a healthy functioning democracy which, to ensure maximum effectiveness, he felt should be as independent of the Executive as possible.  Highlighting the efforts made to support the role of effective scrutiny within the Council reference was made to the use of call-in and scrutiny as a means of seeking to hold the Executive to account but with concerns expressed at the changes introduced to the chairing arrangements for each Committee, which he felt had effectively prevented the Opposition Groups from having any meaningful say in the way scrutiny was led.  In order to safeguard the effectiveness, democratic accountability and independence of Brent’s scrutiny function, Councillor Georgiou advised the Liberal Democrats had therefore proposed an amendment to Standing Order 49(ii) within Part 2 (Procedural Rules) of the Constitution requiring that the Chairs of the existing Scrutiny Committees should be Opposition Group appointments with an alternative also moved,  should the initial amendment not be agreed, to require that the Vice-Chairs of the existing Scrutiny Committee become Opposition Group appointments.

The Mayor then opened the debate inviting other members to speak on the report and amendment(s) moved by Councillor Georgiou, with the following contributions made.

As an initial contribution, Councillor Kelcher felt it important to clarify the position regarding the appointment process for members of each scrutiny committee and the Chairs, which he reminded members reflected the overall proportion of seats each political group held on the Council and democratic mandate the current Administration had been provided with following the local election.  These were, he pointed out, well-established principles and had not been designed to undermine the independence or important role of the scrutiny function as a critical friend.  On this basis he advised he would not be supporting either of the amendments moved.

Councillor Kansagra speaking in support of the proposed changes within the amendment, as Leader  ...  view the full minutes text for item 8

To receive, in accordance with Standing Order 27(g), a report from the Corporate Director of Governance outlining proposed changes to the Constitution following its annual review.

(Agenda republished on 17 May 23 to include an update to Appendix 1 of the main report along with details of an amendment to the recommendations submitted by the Liberal Democrats Group)

Council RESOLVED:

(1)    To agree the amendments to the Constitution as set out in Appendix 1 of the report updating the current allocation of roles and Cabinet portfolios, the delegated powers for officers and allocation of functions in respect of plans and strategies in the Policy Framework; Terms of Reference for the Audit & Standards Advisory Committee and updating of the Local Code of Corporate Governance.

Having been put to the vote, a proposed amendment to the Constitution relating to the chairing arrangements, structure and procedural rules applying to scrutiny moved by Councillor Georgiou at the meeting was declared LOST.

(2)    To note that, to the extent the changes agreed under (1) above related to executive functions of the Council, they had been approved by the Leader.

(3)    To authorise the Corporate Director of Governance to amend the Constitution accordingly, including making any necessary incidental or consequential changes.

The Mayor invited Councillor Muhammed Butt (as Leader of the Council) to introduce the report from the Corporate Director of Governance.  In presenting the report, Councillor Muhammed Butt advised this detailed a number of proposed changes to the Constitution as a result of its annual review including changes to provide further clarification in relation to the Terms of Reference for the Audit & Standards Advisory Committee.  The other changes outlined included amendments to reflect the change in current allocation of portfolios on Cabinet, minor changes to the Procedural Rules (Part 2 of Constitution) and Responsibility for Functions (Part 3 of Constitution) and Local Code of Corporate Governance (Part 5 of Constitution).

Having introduced the report, the Mayor then invited Councillor Georgiou (as leader of the Liberal Democrats Group) to move an amendment to the report submitted prior to the meeting in relation to the structure of the Council’s scrutiny function and the procedural rules that also applied to their operation.

Councillor Georgiou began by congratulating the Mayor on her appointment and in moving the amendment started by making reference to the findings within a House of Commons Communities and Local Government Committee report on the “Effectiveness of Local Authority Overview & Scrutiny Committees” produced during 2017 – 19.  The report, he pointed out, had been clear on the need for scrutiny to be as visibly independent of the Executive as possible.  In views of concerns regarding the need to safeguard the effectiveness, democratic accountability and independence of Brent’s scrutiny function, Councillor Georgiou advised the Liberal Democrats had therefore proposed a number of changes set out as follows, which formed the basis of the amendment moved at the meeting:

(1)    Reports from Scrutiny Committees and their Task Groups along with the Executive response to them should be reported to Full Council, to allow wider debate and consideration.

(2)    Standing Order 49(iii) be amended to require that the Chairs of the existing Scrutiny Committees should be Opposition Group appointments (in order to emphasise the independence of scrutiny from the Executive) with Standing Order 4 (Part 1 Constitution) waived to enable the change to come into immediate effect during the meeting.

In order to avoid individual Scrutiny Committees becoming overloaded and allow more effective scrutiny in terms of the spread of work Councillor Georgiou advised that his amendment was also proposing:

(3)    The Council agree to establish a Scrutiny Committee structure that mirrored the Council’s departmental structure to cover the work and responsibilities of all Corporate Directors, including the Chief Executive.  In clarifying, Councillor Georgiou advised the proposal was therefore to establish an additional three Committees on top of the two already in existence, with a report to be presented to the next Full Council in order to formally establish the new structure.

(4)    That, subject to the new structure being established, the Chairs of the new scrutiny structure should be shared between all Groups on the Council with each Opposition Group being allocated the Chair on at least one of the Committees.

Having moved  ...  view the full minutes text for item 9

To receive, in accordance with Standing Order 27(g), a report from the Director of Legal, HR, Audit & Investigations outlining proposed changes to the Constitution following its annual review.

Council RESOLVED:

(1)     To agree the amendments to the Constitution as set out in Appendix 1 of the report along with the following additional amendment moved by the Leader of the Council at the meeting:

To delete Standing Order 49 (iii) requiring that the Vice Chair of the Scrutiny Committees shall be from a different political group as the Chair and waive Standing Order 4 in order to enable the change to come into immediate effect during the meeting.

A further proposed amendment to Standing Order 49 moved by Councillor Lorber at the meeting which sought to require the Chair of the Scrutiny Committees to be allocated to the opposition group(s) was, having been put to the vote, declared LOST.

(2)     To note that, to the extent the changes agreed under (1) above related to executive functions of the Council, they had been approved by the Leader.

(3)     To authorise the Director of Legal, HR, Audit & Investigations to amend the Constitution accordingly, including making any necessary incidental or consequential changes

The Mayor invited Councillor Muhammed Butt (as Leader of the Council) to introduce the report from the Director of Legal, HR, Audit & Investigations.

Councillor M.Butt began by thanking members for his re-appointment as Leader of the Council and outlined his aim to ensure the Council continued to do everything within its power to support local communities across Brent and ensure those most in need received the necessary assistance.  In presenting the report, he advised this detailed a number of proposed changes to the Constitution as a result of not only the usual annual review but also to reflect the outcome of the local borough election, change in size and the representation of political groups on the Council.  The changes outlined included amendments to the Procedural Rules, Responsibility for Functions, Codes of Conduct and Protocols and the Members Allowance Scheme.

In introducing the report, Councillor M.Butt also moved an amendment to the Procedural Rules in Part 2 of the Constitution proposing the deletion of Standing Order 49 (iii) (Appointments to chairs and vice chairs of Council Committee and Sub Committees) which required that the Vice Chair of each Scrutiny Committee was appointed from a different political group as the Chair and also the waiving of Standing Order 4 in Part 1 of the Constitution in order to enable the change to come into immediate effect during the meeting.

The Mayor then opened the debate inviting other members to speak on the report and amendment moved by the Leader of the Council, with the following contributions made.

Councillor Lorber in responding and expressing concern at the amendment moved by the Leader of the Council highlighted what he felt was the case for greater rather than more restricted participation by opposition councillors in the scrutiny process in order to maintain independence of the function and important role it played in being able to hold the Council’s Executive to account.  Highlighting a need for effective scrutiny to come prior to decisions being made by the Executive rather than after being taken he outlined what he considered to be the need for greater transparency, challenge and public accountability in the decision making process and to provide scrutiny with the necessary independence and power to achieve that, which it was felt the amendment moved by the Leader of the Council would undermine.  Given the views expressed, Councillor Lorber moved a further amendment at the meeting which sought to retain Standing Order 49 (iii) and amend it by requiring the Chair of each Scrutiny Committee to be allocated to the opposition group(s) with Standing Order 4 also waived to enable the change to come into immediate effect during the meeting. In moving the amendment he pointed out this reflected existing practice in a number of other local authorities and what he believed was also the intention of the original legislation which had established the scrutiny arrangements within local government.

Councillor Kansagra also spoke on behalf of the Conservative Group to express concern at the amendment moved by  ...  view the full minutes text for item 10