Agenda item
Annual Review of Constitution
- Meeting of Annual Council Meeting, Council, Wednesday 18 May 2022 5.00 pm (Item 10.)
- View the background to item 10.
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.
Decision:
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
Minutes:
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 the Leader of the Council and in support of the alternative amendment moved by Councillor Lorber. In outlining his concerns, Councillor Kansagra pointed out that the change proposed by Councillor M.Butt had not be subject to prior consideration at the Constitution Working Group and failed to recognise the increase in size of the Opposition Groups on the Council following the local election. As such he urged members to reject the amendment moved by the Leader.
As a final contribution to the debate, Councillor Georgiou then spoke (as Leader of the newly formed Liberal Democrat Group on the Council) to highlight his concerns at the amendment moved by the Leader of the Council and the need identified to seek more collaborative and less combative ways of working in order to deliver the best results for local communities across the borough, recognising the feedback received on key issues identified during the election campaign. Whilst congratulating Councillor M.Butt on his re-appointment as Leader of the Council and recognising the mandate provided for the new Administration as a result of the local election he felt it was also important to recognise that the election had delivered an increase in the number opposition members on the Council. As a result, he felt the alternative amendment moved by Councillor Lorber in relation to the arrangements for securing more effective and democratic scrutiny was reasonable, fair and proportionate and would deliver improved scrutiny along with better outcomes for all. He therefore urged members to reject the amendment moved by the Leader of the Council in support of the alternative amendment moved by Councillor Lorber.
As no further members indicated they wished to speak the Mayor then invited Councillor Lorber to exercise his right of reply in relation to the amendment moved at the meeting.
Councillor Lorber in summing up once again urged all members to reject the motion moved by the Leader of the Council and for the reasons he had outlined, to support the alternative proposal requiring the Chair of each scrutiny committee to be allocated to the opposition group(s).
The Mayor then invited Councillor M.Butt to exercise his right of reply in relation to the report and amendment he had moved at the meeting.
In summing up and responding to the comments and further amendment moved at the meeting Councillor M.Butt began by highlighting the Council’s well established and accredited offer in terms of member learning and development opportunities, which he felt also recognised the way in which scrutiny operated within Brent. Highlighting the clear mandate provided for the new Administration as a result of the local election he also felt this covered member’s participation in scrutiny and the wider democratic process with a reminder also provided as to how the scrutiny arrangements had been operated under previous Council Administrations. As a result he advised that the Labour Administration were not minded to support the amendment moved by Councillor Lorber at the meeting.
The Mayor thanked members for their contributions during the debate and moved on to put the amendments and recommendations within the report to the vote.
On firstly putting the amendment moved by Councillor Lorber to the vote this was declared LOST.
The amendment moved by Councillor M.Butt along with the waiver to Standing Order 4 to enable this change to take immediate effect during the meeting was then put to the vote and declared CARRIED.
The substantive recommendations, as detailed below, were then put to the vote and declared CARRIED.
Council therefore 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.
(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.
Supporting documents:
- 08. Annual Review of the Constitution 2022, item 10. PDF 246 KB
- 08a. Appendix 1 - Proposed Changes to Constitution.docx, item 10. PDF 474 KB