Agenda item

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 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(s) moved were reasonable, proportionate and would deliver improved scrutiny along with better outcomes for all.  He therefore advised the Conservative Group would be supporting the amendment(s).

Councillor Afzal, speaking against the amendment also felt there was a need to recognise the democratic mandate provided to the Administration by residents following the last local election, which he felt also reflected a core principle of an effective and healthy democratic and, in expressing concern at any attempts being made to politicise the scrutiny function, felt this also needed to be taken into account when considering the amendment.

As a final contribution, Councillor Lorber also speaking in support of the proposed amendment advised that whilst not seeking to politicise the scrutiny function the proposal moved by Councillor Georgiou on behalf of the Liberal Democrats had been designed to reflect the original objectives of the Labour Government when establishing the current scrutiny arrangements in local government as part of the introduction of wider Executive decision-making powers.  In order to maintain a strong, credible and effective scrutiny function Councillor Lorber felt it was important to ensure that the function was as independent as possible from the Executive, with the amendment he pointed out reflecting this objective and previous practice within the Authority.

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, 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, and opportunities that already existed for the Opposition Groups to fully participate and engage in the way scrutiny was being delivered Councillor Muhammed Butt advised that the Labour Group did not feel any further changes were required and were not therefore minded to support the amendment(s) moved by Councillor Georgiou at the meeting.

As a final contribution, the Mayor then invited Councillor Georgiou to exercise his right of reply in relation to the discussion on the amendment moved at the meeting.  In responding Councillor Georgiou expressed concern at the stance taken by the Labour Administration in terms of the appointment of the scrutiny chairs and vice-chairs and impact on the overall independence of the scrutiny function, which he felt undermined its overall effectiveness and democratic accountability.  Whilst recognising the work being undertaken by the existing scrutiny chair’s the amendments were commended to members as a means of further strengthening the effectiveness of the overall scrutiny process and ability for meaningful engagement by the Opposition Groups.

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

On putting the initial amendment relating to the chairing arrangements for scrutiny moved by Councillor Georgiou to the vote this was declared LOST.

As a result, the alternative amendment moved by Councillor Georgiou relating to the vice-chair arrangements for scrutiny was then put to the vote, which was also declared LOST.

The substantive recommendations, as detailed within the report, were then put to the vote and declared CARRIED.

It was therefore 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).

(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.