Agenda item

To receive a report from the Corporate Director of Governance seeking approval for changes to the Constitution in relation to the Terms of Reference for the Health and Wellbeing Board and the arrangements for withdrawal of Motions under Standing Order 42.

Council RESOLVED

(1)    To approve the amendments to the Constitution as detailed within Appendix 1 of the report relating to the updated Terms of Reference for the Health & Wellbeing Board and update to Standing Order 41 on the process for withdrawal of Council Motions.

(2)    Following on from (1) above, to authorise the Corporate Director, Governance to amend the Constitution accordingly, including making any necessary incidental or consequential changes.

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

Eligible for Call-In: No

The Mayor then invited Councillor Muhammed Butt, Leader of the Council, to introduce a report from the Corporate Director of Governance outlining a number of proposed changes to the Constitution.  In introducing the report, it was noted that the changes related to an update of the Terms of Reference for the Health & Wellbeing Board and arrangements under Standing Order 42 for the withdrawal of motions at Council meetings.

The Mayor thanked the Leader for introducing the report and then opened the debate for contributions from other members.

In view of the proposed amendment to Standing Orders relating to the withdrawal of motions, Councillor Kansgara (referring to the comments made at the start of the Non-Cabinet Member debate) reminded members that he would also be seeking to raise the timing for the submission of amendments to motions at the next Constitutional Working Group.

Councillor Lorber also spoke in relation to the proposed amendment to Standing Order 42, expressing concern at the current rules relating to the submission of amendments on motions which he pointed out had caused the issue at the previous Council meeting that now required clarification.  In view of the concerns which had been raised by both Opposition Groups relating to the use and timing of amendments and the criteria regarding their content, Councillor Lorber moved a further amendment in relation to Standing Order 42 relating to the Rules of Debate at Full Council Meetings seeking to prevent the submission of any amendment on motions which had been submitted for debate at Council meetings, with members (he pointed out) already having the ability to vote against motions they did not support.

In response to the proposal moved by Councillor Lorber, the Mayor advised that the usual process for dealing with matters such as these would have been for it to be considered by the Constitutional Working Group, prior to being raised at Full Council.  On this basis, she ruled that consideration of the proposal should take place once it had been subject to consideration at the Constitutional Working Group.

As no other members indicated they wished to speak the Mayor thanked members for their contribution and invited Councillor Muhammed Butt to exercise his right of reply.  In closing the debate, Councillor Muhammed Butt also took the opportunity to remind members of the role and function of the Constitutional Working Group which he advised would be the appropriate forum to undertake consideration of the concerns highlighted relating to the treatment of amendments to motions rather than tabling them (without prior cross-party consideration) at the Council meeting.  On this basis, he commended the report as submitted and without amendment to the Council.

Having thanked Councillor Muhammed Butt for closing the debate, the Mayor then put the recommendations in the report to the vote and they were declared CARRIED.

Council therefore RESOLVED:

(1)    To approve the amendments to the Constitution as detailed within Appendix 1 of the report relating to the updated Terms of Reference for the Health & Wellbeing Board and update to Standing Order 41 on the process for withdrawal of Council Motions.

(2)    Following on from (1) above, to authorise the Corporate Director, Governance to amend the Constitution accordingly, including making any necessary incidental or consequential changes.

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