Agenda item

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

Councillor Kansagra speaking in support of the proposed changes within the amendment, as Leader of the Conservative Group, highlighted the concerns his Group had also previously raised in relation to impact which removal of the vice-chair roles on scrutiny from the Opposition Groups had had in undermining the independence and democratic accountability of the scrutiny function.  As a result, he felt the amendment moved in relation to the arrangements for securing more effective and democratic scrutiny was reasonable, and proportionate and would deliver improved scrutiny along with better outcomes for all.  He therefore advised the Conservative Group would be supporting the amendment and more detailed consideration of the proposals through the Constitutional Working Group.

As no further members indicated they wished to speak the Mayor then invited Councillor Muhammed Butt to exercise his right of reply in relation to the report and amendment moved at the meeting.

In summing up and responding to the comments and amendment moved at the meeting, Councillor Muhammed Butt began by highlighting what he felt was a need to recognise the clear mandate provided for the current Labour Administration following the most recent local election, which he felt also covered member’s participation in scrutiny and the wider democratic process.  In commending the work of the existing Scrutiny Chairs and Committees, Councillor Muhammed Butt was also keen to focus on the cost and resource implications involved in supporting an increased number of Scrutiny Committees, particularly given the current financial challenges and pressures faced by the Council.  In seeking to continue making the most effective use of resources and reflecting on the way scrutiny was already being delivered, he advised that the Labour Administration did not feel any further changes were required and were not therefore minded to support the amendment moved by Councillor Georgiou at the meeting.

As a final contribution, the Mayor then invited the Liberal Democrats to exercise their right of reply in relation to the discussion on the amendment moved at the meeting.  In responding on behalf of the Liberal Democrats Group, Councillor Lorber expressed concern at the stance taken by the Labour Administration in terms of the impact on the effectiveness and ongoing independence, democratic accountability and transparency of the scrutiny function in Brent.  Highlighting the importance of maintaining a scrutiny function that was seen as independent of the Executive he expressed specific concerns about independence and transparency in the existing process for the appointment of Scrutiny Chairs and fairness in terms of the lack of representation of Opposition members in these positions, which he felt undermined the overall effectiveness of scrutiny and its ability to meaningfully hold the Executive to account.  Having been advised by the Mayor of the need to focus any further comments on the debate at the meeting, Councillor Lorber ended by highlighting the importance, in terms of the Council’s overall governance arrangements, in establishing an effective and truly independent scrutiny function and as such commended the amendment to all members.

Having ruled out a previous point of order from Councillor Miller, the Mayor advised she would be willing to accept a point of order from Councillor Kelcher relating to comments made by Councillor Lorber in exercising his right of reply on the debate.  In order to avoid any misunderstanding or misinterpretation, Councillor Kelcher felt it important to confirm the position regarding the appointment process for Scrutiny Chairs undertaken within the Majority Group.  He clarified that the selection process excluded members of the Executive (including the Leader) specifically as a means of maintaining the independence of these positions.

Having thanked members for their contributions the Mayor then moved on to put the amendment and recommendations within the report to the vote.

On firstly putting the amendment moved by Councillor Georgiou relating to the scrutiny chairing arrangements, structure and procedural rules to the vote this was declared LOST.

The substantive recommendations, as detailed within the report, 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 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.

(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