Agenda item

CONSTITUTIONAL CHANGES

The Assistant Director for Democracy and Governance will submit a report on changes to the constitution, in particular, to amend the Planning Committee Code of Practice and the hospitality rules and to adopt a new webcasting protocol.

Minutes:

The Assistant Director for Democracy and Governance presented his report on proposed constitutional changes following consideration by the Constitutional Review Group (CRG).  With the agreement of the council, each proposal was considered in turn.

 

Planning Committee Code of Conduct

 

Councillor Peter Smith (Deputy Leader) moved and Councillor Stevens (Chair of the CRG and Planning Committee) seconded the proposal as set out in the written report.  Councillor Stevens thanked Councillor Ball for highlighting an issue with the existing code.

 

In response to a question from Councillor Mrs Pengelly, the Monitoring Officer advised that the revised code would be implemented as soon as practicable and it was unlikely that it could apply to the meeting of the Planning Committee to be held on 31 January 2013.  

 

Agreed to adopt the revised Planning Committee Code of Practice (to be implemented as soon as practicable).

 

Hospitality Rules

 

Councillor Peter Smith (Deputy Leader) moved and Councillor Stevens (Chair of the CRG) seconded the proposal as set out in the written report. 

 

Agreed to change the hospitality rules in relation to paid for events.

 

Webcasting Protocol

 

Councillor Peter Smith (Deputy Leader) moved and Councillor Evans (Leader) seconded a revised proposal to recommendation (3) in the written report as follows -

 

‘Add the following words to recommendation 3:

 

‘… and to give consideration to making the whole of the webcast of last Council’s meeting publicly available, once all the members of the Conservative Group have personally agreed to indemnify the Council against any legal action resulting from the publication of the whole webcast’

 

Recommendation 3 would then read:

 

‘To adopt the webcasting protocol and to give consideration to making the whole of the webcast of last Council’s meeting publicly available, once all the members of the Conservative Group have personally agreed to indemnify the Council against any legal action resulting from the publication of the whole webcast’.

 

During the debate, the following issues were raised –

 

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the actions taken on the webcast and the reasons for that action, following the last council meeting; 

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the council’s commitment for openness and transparency;

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the standard of debate expected from councillors;

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that the matter should be deferred until the council had full details of the investigation (referred to by the Monitoring Officer in minute 70) and was satisfied with the outcome, otherwise the independence of the investigation would be in doubt;

 

Following questions from councillors, the Monitoring Officer advised that councillors would need to obtain their own legal advice about indemnity insurance, and further to his statement in minute 70 above, reported that he would not publish that part of the webcast again as his role was to protect the council.

 

Councillor Lowry moved and Councillor Rennie seconded that the vote was taken.

Following a request from ten councillors for a recorded vote, there voted –

 

For the motion (37)

 

Councillors Mrs Aspinall, Ball, Mrs Beer, Bowie, Bowyer, Mrs Bowyer, Casey, Churchill,  Damarell, Darcy, P. Davey, Evans, K Foster, Mrs Foster, Fox, Fry, Gordon, James, Jarvis, Lowry, McDonald, Murphy, Mrs Nelder, Parker, Penberthy, Rennie, J. Smith, P. Smith, Stark, Stevens, J. Taylor, K. Taylor, Tuffin, Tuohy, Vincent, Wheeler and Williams.

 

Against the motion (12)

 

Councillors Jordan, Martin Leaves, Michael Leaves, Sam Leaves, Dr Mahony, Monahan, Mrs Nicholson, Nicholson, Mrs Pengelly, Ricketts, Dr Salter and Wigens.

 

Abstentions (1)

 

The Lord Mayor

 

The following members were absent (7)

 

Councillor Browne, Coker, S. Davey, Mrs Dolan, Drean, Haydon and the Deputy Lord Mayor (Councillor Singh).   

 

The motion was agreed and the vote was taken following summing up by Councillor Peter Smith.

 

 Following a request from ten councillors for a recorded vote on the revised proposals, there voted –

 

For the motion (26)

 

Councillors Mrs Aspinall, Bowie, Casey, Damarell, P. Davey, Evans, Fox, Gordon,  Jarvis, Lowry, McDonald, Murphy, Mrs Nelder, Parker, Penberthy, Rennie, J. Smith, P. Smith, Stevens, J. Taylor, K. Taylor, Tuffin, Tuohy, Vincent, Wheeler and Williams.

 

Against the motion (23)

 

Councillors Ball, Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, K. Foster, Mrs Foster, Fry, James, Jordan, Martin Leaves, Michael Leaves, Sam Leaves, Dr Mahony, Monahan, Mrs Nicholson, Nicholson, Mrs Pengelly, Ricketts, Dr Salter, Stark and Wigens.

 

Abstentions (1)

 

The Lord Mayor

 

The following members were absent (7)

 

Councillor Browne, Coker, S. Davey, Mrs Dolan, Drean, Haydon and the Deputy Lord Mayor (Councillor Singh)   

 

Agreed to adopt the webcasting protocol and to give consideration to making the whole of the webcast of last council’s meeting publicly available, once all the members of the Conservative Group have personally agreed to indemnify the council against any legal action resulting from the publication of the whole webcast.

 

 

Supporting documents: