Agenda item

In response to a recommendation from the Resources and Public Realm Scrutiny Committee, this report provides a review of the current role and operation of the Constitutional Working Group (CWG). It provides some information about practices elsewhere, highlights steps taken already in response to the Scrutiny Committee recommendation and proposes that a further review be undertaken following the Local Elections in May 2022.

Debra Norman (Director of Legal, HR, Audit & Investigations) introduced a report which she advised had been provided for the Committee in response to a recommendation from the Resources and Public Realm Scrutiny (RPR) Committee.  The report provided a review of the current role and operation of the Constitutional Working Group (CWG) and highlighted steps taken already in response to the Scrutiny Committee recommendation.

In considering the report the Committee noted:

·                The recommendation made by the RPR Scrutiny Committee at its meeting on the 14 September 21 recommending a review of the democratic oversight and transparency within the CWG.  The role of CWG and outcome of the review undertaken as a result had been detailed within section 3 of the report, which included an outline of the current CWG arrangements and the extent to which these already provided for democratic overview and transparency, as well as Member involvement.   These arrangements included the referral of any significant changes to the Constitution supported by CWG to Full Council for consideration and approval enabling consideration by all members; the ability to refer proposed changes being considered to the Council’s constitutional arrangements to the Audit & Standards Advisory Committee for detailed consideration prior to referral to Full Council and the involvement of cross party membership on CWG with the ability to engage with their respective political groups as necessary.

·                The benchmarking undertaken with other authorities carried out as part of the review, as detailed within section 3.8 of the report. This had identified a range of practices in terms of the arrangements other local authorities had in place to consider constitutional matters.  In addition to the CWG, Brent had in place a range of similar mechanisms.

·                That the effectiveness of the current arrangements had also been considered by CWG in November 2021.  Whilst the existing mechanisms were felt to work well one potential improvement identified had been the inviting of other members e.g. the chairs of relevant committees, when a matter was being considered which affected their remit or operation.  Aside from that, CWG had felt it would be more appropriate to undertake any further review following the Local Elections in May 2022.   This would enable the new Administration to consider any further changes felt necessary.

·                The additional actions undertaken in response to the scrutiny recommendation, alongside the review which included use of the Members Bulletin to seek further views on potential improvements and development of a list detailing previous changes made to the Constitution.

The Committee was then invited to raise questions on the report, which are summarised below:

·                Members were supportive of a further review being undertaken following the local elections in May 2022 with a subsequent report also being provided for the Committee.

·                Whilst recognising the role of CWG and democratic accountability already built in to any review of constitutional matters, members were keen to ensure that the consideration of these issues was subject to the necessary oversight in order to ensure that the Council’s Governance arrangements remained as open and transparent as possible.

·                The ability already available to members to liaise with members on CWG in order to highlight or discuss any constitutional matters which it was felt may benefit from consideration by CWG.

As no further issues were raised it was RESOLVED to note the contents of the report and agree to a further report being provided following the Local Government Elections in May 2022.