Agenda item

The Council agreed on 18 September 2019 that the outcome of the review conducted by the Governance Working Party to explore advantages and disadvantages of moving to a Committee system and whether there should be any change to its governance arrangements would be reported to this meeting.  In support of its deliberations, the Council is being presented with:

 

a)    Governance Working Party – 12 November 2019

 

The Chairman, Councillor Oppler, will present the Minutes from the meeting of the Governance Working Party held on 12 November 2019.  There are no recommendations.

 

(b) Governance Working Party – 3 December 2019

 

The Chairman, Councillor Oppler, will present the Minutes from the meeting of the Governance Working Party held on 3 December 2019.  There are no recommendations.

 

(c)  Special Audit & Governance Committee – 19 December 2019

 

The Chairman, Councillor Mrs Erskine, will present the Minutes from the meeting of the Special Audit & Governance Committee held on 19 December 2019.

 

The Minutes will be circulated separately and any recommendations will be reported to the meeting.

 

(d) Governance Working Party – 6 January 2020

 

       The Chairman, Councillor Oppler, will present the Minutes from the meeting of the Governance Working Party held on 6 January 2020.

 

       The Minutes will be circulated separately and any recommendations will be reported to the meeting.

 

(e)  Background Papers

 

       The reports considered by the Governance Working Party and Audit & Governance Committee are set out below – links have been provided so that you can view these documents:

 

Addendum 1	Report to the Governance Working Party (21.10.19) setting out how to approach the review Addendum 1
Addendum 2	Report to the Governance Working Party (12.11.19) Feedback from survey questionnaire with Councillors and the Senior Management Team Addendum 2
Addendum 3	Report to the Governance Working Party (03.12.19) setting out the background to the proposals for a draft Committee Structure Addendum 3 and Addendum 3A
Addendum 4	Report to the Governance Party (03.12.19) setting out the pros and cons of a Hybrid structure, based on the Tunbridge Wells model Addendum 4
Addendum 5A	Report from Tunbridge Wells Borough Council which sets out the background to the hybrid proposals they introduced in 2012 Addendum 5A
Addendum 6	Snapshot of the role of Tunbridge Wells’ Overview and Scrutiny Committee in their hybrid model Addendum 6
Addendum 7	Alternative Hybrid structure which has been in operation in Tonbridge & Malling Borough Council since 2002 Addendum 7
Addendum 8	Report to the Audit & Governance Committee (19.12.19) covering the consultation phase of the review (the addendum documents are not reproduced as these are provided as part of this agenda) Addendum 8
Addendum 9	Local Government Association and Centre for Public Scrutiny guidance “Rethinking governance – practical steps for councils considering changes to their governance arrangements” Addendum 9
Addendum 10	Centre for Public Scrutiny briefing “Musical Chairs – Practical issues for local authorities in moving to a committee system” Addendum 10

 

 

(f)   Report from the Chief Executive

 

       The Chief Executive will present a report setting out the legal and technical issues that the Council will need to consider in response to the conclusions of the Governance Working Party.  If a recommendation for change is proposed to move to an alternative governance arrangement, the Council will be asked to:

 

(i)            Agree the formal resolution for any change to governance arrangements’ and

(ii)          Instruct Officers to take forward the re-design rules and procedures

 

Please note that this report will be circulated separately to this agenda and after the meeting of the Governance Working Party held on 6 January 2020.

The Chairman invited the Chief Executive to make a statement ahead of Councillors considering the recommendations of the Governance Working Party.

 

The Chief Executive outlined that there were five areas of advice that he wished to bring to the Council’s attention.  These were:

 

1.    To remind Members of what the Council agreed at its meeting on 18 September 2019.  That was to set up the Governance Working Party to conduct this review working within the provisions of the Localism Act 2011.  The Terms of Reference for this review were again outlined to Members.  The timescale for the review had been based on consultation with the Audit and Governance Committee before reporting back on any proposals for change to this meeting.

 

2.    In presenting reports and giving advice to the Working Party, the Chief Executive and the Monitoring Officer had taken account of this guidance and the experience of other local authorities as the Council agreed they should do.   The final report considered by the Governance Working Party on 6 January 2020 set out the information that had been considered over the four meetings held and the key issues that needed to be considered in concluding this review.  All Members and the public had been provided with a link to this report as part of Bundle 2 of the Full Council papers.

 

3.    Thirdly, in relation to what Councillors were being asked to consider tonight.  Once formally proposed and seconded, Members would be asked to consider the recommendation put forward by the Working Party as set out in Minute 31.   This recommendation was proposing a change to the Council’s governance arrangements from the current Leader with Cabinet model to a Committee system.  The wording was prescriptive to meet legal requirements.

 

The Chief Executive outlined that the Council, needed to make a fundamental judgement in confirming any recommendation for change to its governance arrangements.  This needed to provide an opportunity to challenge any assumptions made within the review process and to consider the fundamental reasoning behind the proposal being put forward.

 

4.    As with any recommendation before Council, Members would be able to propose an amendment in line with the Constitution at Council Procedure Rule 16.7.  This would allow any Member to:

 

a)    refer the subject back for re-consideration;

b)    leave out words;

c)    leave out words and add others; or

d)    add words.

 

However, any amendment could not have the effect of negating the recommendation being presented, for example, putting an alternative proposal.

 

5.    The final point made to provide a legal opinion in response to the question asked by the Working Party about the adoption date for any change to governance arrangements.  Having taken legal advice from three sources, it was confirmed that:

 

(1)  In accordance with Section 9KC(4) of the Local Government Act 2000, as amended by the Localism Act 2011, if the Council agreed this recommendation and thereby made a resolution to change its form of governance tonight, then the Council could not pass a further resolution to change its form of governance for five years from that date, namely 14 January 2025.

 

(2)  The only provision within the law that would allow further change within the five year period would be if there was a referendum that supported such a change.   

 

(3)  Further, as this decision was binding under law, the procedural provisions of the Council’s Constitution did not apply.  This meant that if the resolution was passed, Council Procedure Rule 17.1 that would normally allow the Council to consider a motion to rescind a decision taken in less than six months could not be applied, nor could a further motion be accepted before 14 January 2025.

 

            The Chairman then invited the Chairman of the Governance Working Party to present the minutes from the meetings of the Working Party held since the last Full Council meeting. 

            Councillor Oppler then presented the Minutes from the meetings of the Governance Working Party held on 12 November and 3 December 2019.

            Councillor Mrs Erskine then presented the minutes from the Special Meeting of the Audit and Governance Committee held on 19 December 2019.

            Many Councillors made comments referring to the recommendation made to the Governance Working Party held on 6 January 2020.  Concern was raised over the fact that this had been ignored by the Working Party.  It was felt that a Members’ Seminar would have provided Councillors with the information they needed to have to be able to make such an important decision.  To not have had this Seminar meant that many Councillors were not armed with the required evidence that they felt was needed. 

            Councillors also commented on the fact that they wanted to make such a decision based on being satisfied that an open and transparent review, involving all Councillors had taken place.  The Special Audit & Governance Committee meeting had been very professionally chaired allowing all Members, including those in the Public Gallery, to take part in a long and thorough debate.  This has resulted in the Committee confirming that the review had been rushed and more research should be undertaken on the approaches taken by other Councils.  Until questions surrounding budget costs, how the new structure would engage with the public; and what the true impact would be for Councillors, the Committee had sent a clear message that the review could not be supported on this basis and should be deferred until a Members’ Seminar had been held, this would allow more information on the options proposed to be provided.  Questions asked were how could this recommendation be ignored by the Working Party when many of its Members had voted for the recommendation at the Audit & Governance Committee meeting?

            Other Councillors spoke thanking the Officer team for their hard work and for the vast amount of information that had been provided to all Councillors in both sets of agenda papers for this meeting.  They believed that Councillors had adequate information to allow them to make this decision. 

            Councillor Oppler then presented the minutes from the meeting of the Governance Working Party held on 6 January 2020.

            Councillor Oppler confirmed that there were recommendations for Councillors to consider which he duly proposed.  Councillor Ms Thurston then seconded these recommendations.

            Prior to the debate commencing on this item, various Points of Order were put forward and a range of questions asked.  These related to the Terms of Reference for the Working Party and whether these had been properly applied in conducting this review.  Examples provided were whether all advantages and disadvantages for each of the options had been adequately considered.  Had the review been conducted using the Local Government Association and Centre for Public Scrutiny Guidance “Rethinking Governance – Practical Steps for Councils Considering Changes to their Governance Arrangements”.  There were Councillors who believed that the Working Party had not worked to its Terms of Reference and the review had not been managed in accordance with the LGA guidance.

            The Chief Executive responded referring Councillors to the terms of reference that had been agreed by the Council as its meeting held on 18 September 2019.  The report submitted to that meeting and the Resolutions passed confirmed that final recommendations from the Working Party would be submitted to this meeting for all Councillors to consider.  This response was questioned by some Members who argued that the terms of reference confirmed a different journey. 

            The Chief Executive and Monitoring Officer both gave advice that the Working Party had worked within its terms of reference and had submitted recommendations for all Councillors to consider and debate.  Referring to his statement made earlier, he reminded them that they did have the option to defer making this decision if they believed that the work of the Working Party had been inadequate.

            Questions were then asked about the Council’s Constitution and whether the Working Party had been established in accordance with the Constitution.  The Monitoring Officer confirmed that it had. Further questions were asked about the Access to Information Rules and whether the information to Councillors had been provided in line with these rules.  The Mentoring Officer confirmed that it had and referred Members to the relevant parts of the Council’s Constitution.

 

            The Chairman then invited Councillor Oppler to formally make his presenting statement. Councillor Oppler confirmed that he firstly wished to thank the Chief Executive and the Monitoring Officer for their hard work over the last few months and he extended his thanks to Members of the Working Party for their well-tempered and considered discussions. 

            The recommendations put forward were about the future and how the Council could make decisions in an improved way for residents whilst providing every Councillor a greater say in the decisions made.  Councillor Oppler confirmed that the new Committee structure would strengthen the link between residents and the local Councillor as all Members of each Committee would be held to account in the future.  Decision making would be in the hands of 54 Councillors instead of seven Cabinet Members.  The recommendations put forward would strengthen democracy in Arun and would make decision making more consensual.   Councillor Oppler put forward his strong opinion that Officers had supplied all Councillors with all the information needed to make this decision now and that all the necessary research had been undertaken.  He emphasised that the Working Party had been moving forward with its work on the agreed approach that all Political Groups would be debating the issues raised internally and would undertake any research required.  The Working Party had listened to the comments received from Members about the review being rushed and this was why the recommendation to adopt the Committee structure would not be implemented until May 2021.  This would allow the transition to be introduced in a measured way so that adequate training for staff and Councillors could take place enabling the Council to tailor the new Committees to exactly what Councillors wanted them to be. 

            The Chairman then invited debate which saw many varying views being made.  Firstly, Councillors spoke against the recommendations.   Comment was made about the process followed in undertaking this review.  Right from the outset it had been made clear by some Councillors at meetings of the Working Party and at the Special Meeting of the Audit & Governance Committee that the process had been rushed.  The role of using the Audit & Governance Committee as a consultee was to provide an independent assurance that the review had been adequate.  This assurance has not been given as there was strong opinion that insufficient information had been provided. 

            In view of the comments made, Councillor Chapman proposed an amendment to read “Refer back the recommendation to the Governance Working Party and that the Working Party seeks independent assurance from the Audit and Governance Committee before bringing it back to Full Council”.

 

            This amendment was seconded by Councillor Clayden.

 

            The Chairman then invited debate on the amendment.

            Those speaking in support of it outlined that the Audit & Governance Committee had made a clear recommendation stating that more information was required and that a Members’ Seminar be organised to provide this allowing Councillors to then make the right decision not only for the Council, but for the people they served and for all the District’s Town and Parish Councils that they represented. This amendment was the right way forward in view of the comments that had been made about the pace of the review. 

            Other Councillors speaking in support of the amendment argued why it would present such a problem to defer the decision.  A Members’ Seminar could be organised to allow Members to consider all options and so that an informed decision could be made. It was felt that the Seminar could provide an opportunity for Councillors to question representatives from Tunbridge and Tonbridge and Malling Borough Councils to hear how they operated and whether their transition had improved Member involvement and if the structure of Committees and enhanced back-bench engagement. The many questions regarding budget costs and unquantifiable costs could then be answered. The feeling was that it was not the ultimate decision that was of concern but the process that had been followed in reaching it. 

            Such statements were argued against by some Councillors who stated that all the necessary information had been provided to Members and in enough time [19 December and 7 and 8 January 2020].  These had been provided electronically and all the links provided had worked.

            Councillors speaking against the amendment confirmed that although they could understand the reservations of some Councillors, all had been provided with the required documents and all Members had had ample opportunity to conduct their own research on the options reviewed. The reason for change was to adopt the principle of returning power to the residents to influence decision making of this Council. This was about greater openness and transparent democracy and greater inclusivity.  

            The Chairman confirmed that she would now put the amendment to the vote.  A request was received that the voting on this amendment be recorded.

            On the amendment being put to the vote it was declared LOST.

 

            Those voting for it were Councillors Bicknell, Bower, Mrs Caffyn, Chapman, Charles, Clayden, Mrs Cooper, Cooper, Mrs Daniells, Dendle, Edwards, Elkins, English, Gunner, Hughes, Kelly, Mrs Madeley, Oliver-Redgate, Mrs Pendleton, Miss Rhodes, Roberts and Mrs Stainton (22).  Those voting against were Councillors Batley, Bennett, B Blanchard-Cooper, C Blanchard-Cooper, Brooks, Mrs Catterson, Coster, Dixon, Mrs Erskine, Goodheart, Mrs Gregory, Mrs Hamilton, Mrs Haywood, Lury, Northeast, Oppler, Purchese, Miss Seex, Smith, Mrs Staniforth, Stanley, Tilbrook, Ms Thurston, Dr Walsh, Mrs Warr, Mrs Worne and Mrs Yeates (27).  There were no abstentions.

 

            The Chairman then referred Members back to the substantive recommendations and invited debate.

            A number of Councillors spoke in support of the recommendations and the advantages of reintroducing a Committee system.  The hybrid system had been discounted by the Working Party based on the information that had been supplied by Officers and research undertaken by various Councillors.  The recommendation proposed an implementation date of May 2021 to give Officer’s time to recruit the correct members of staff in the Committee Services team and to allow time for Officer and Member training to ensure that the new Committee system would work well from the start.  An implementation date of May 2020 would have pushed Officers and it would have not been fair to ask Officers to continue working at the limit of their capacity to deliver the change.  The later implementation date would allow time for a revised working constitution to be in place and would allow for a measured pace for implementation.

            Councillors who spoke against the substantive recommendations claiming that the recommendations had been pushed through at speed due to a coalition agreement which had not been based on an informed decision.  In view of this, Councillor Dendle confirmed that he wished to make an amendment to Recommendations (2), (5), (6), and (7) to change the implementation date from 2021 to 2020 as shown in bold as follows:-

 

(2)       In accordance with Section 9L, Paragraph (4) (b) of the Local Government Act 2000 (as amended by the Localism Act 2011) the effective date for the implementation of this change to the form of governance will be the annual Council Meeting to be held on 20 May 2020 ;

 

(5)  The Constitution Working Party be convened to work through the necessary changes to the Council’s Constitution and report back to Full Council with the aim of this work being concluded by May 2020;

 

(6)          The Independent Remuneration Panel be convened to make recommendations for future Special Responsibility Allowances under the Members’ Allowances Scheme in light of the changes to governance arrangements and report back to the Audit & Governance Committee by May 2020 ;

 

(7)          The full budgetary implication to be worked up and included in the budget for 2020/21 ; and

 

            Councillor Gunner seconded this amendment.

            The Chairman then invited debate on this second amendment. 

            Those speaking against this amendment felt that the changes being made were political opportunism and that they could not understand why the amendment had been made.  This was in view of the concerns that had been made that the decision to move to a Committee system had been rushed and not adequality thought through.  Now a request had been made for the implementation date to be May 2020 allowing insufficient time to make the required constitutional and other transitional changes. 

 

 

 

            The Chairman confirmed that she would now put the proposals to the vote.  A request was received that the voting on this amendment be recorded.

            On the amendment being put to the vote it was declared LOST.

 

            Those voting for it were Councillors Bicknell, Bower, Mrs Caffyn, Chapman, Charles, Clayden, Cooper, Mrs Daniells, Dendle, Edwards, Gunner, Hughes, Kelly, Mrs Madeley, Oliver-Redgate, Miss Rhodes and Roberts (17),  Those voting against were Councillors Batley, Bennett, B Blanchard-Cooper, C Blanchard-Cooper, Brooks, Mrs Catterson, Coster, Dixon, Mrs Erskine, Goodheart, Mrs Gregory, Mrs Hamilton, Mrs Haywood, Lury, Northeast, Oppler, Purchese, Miss Seex, Smith, Mrs Staniforth, Stanley, Tilbrook, Ms Thurston, Dr Walsh and Mrs Yeates (25).  Councillors Mrs Cooper, Elkins, English, Mrs Pendleton, Mrs Stainton and Mrs Warr abstained from voting (6).

            The Chairman then called a five minute adjournment.

            The Chairman then returned to the substantive motion and invited debate.

            Arguments for not supporting the recommendations were presented.  These were that the review had been fast tracked, ill thought through and had not considered what the full financial implications could be for the Council over the next 5 years.  Without knowing these facts and what differences the Council would encounter, these being the benefits and pitfalls, meant that Councillors did not have enough information to allow them to support the recommendations.  As this would affect the business of the Council over the next 5 years, the risk of entering unknown territory was too great.  Questions were raised about the workload this would bring to smaller political groups such as the Green Group; the Labour Group and the Independent Independents.  A number of questions were asked about processes in a Committee structure which were not felt to have been answered in the information provided. Questions were also asked about how this new structure would benefit residents; how it would affect the Council’s partners, Town and Parish Councils and other service providers and stakeholders.

            Councillor Ms Thurston, as seconder to the recommendations, outlined that the reason for a delayed implementation date was to provide the opportunity for training and for a smooth transition to take place.

            Councillor Oppler, as proposer to the recommendations, outlined that all Councillors had had more than an adequate opportunity to confirm their views.  In terms of what was the motivational driving force for his Group, he confirmed that this was the right decision to take for the Council and for the community and that it would strengthen democracy in the District. 

            The Chairman then confirmed that she would now put the recommendations to the vote and that a request had been received earlier that the voting on this recommendation be recorded.

 

            On putting the recommendations to the vote, they were declared CARRIED.

 

            Those voting for the recommendations were Councillors Batley, Bennett, B Blanchard-Cooper, C Blanchard-Cooper, Brooks, Mrs Catterson, Coster, Dixon, Mrs Erskine, Goodheart, Mrs Gregory, Mrs Hamilton, Mrs Haywood, Lury, Northeast, Oppler, Purchese, Miss Seex, Smith, Mrs Staniforth, Stanley, Tilbrook, Ms Thurston, Dr Walsh and Mrs Yeates (25).  Those voting against were Councillors Bicknell, Bower, Mrs Caffyn, Chapman, Charles, Clayden, Mrs Cooper, Cooper, Dendle, Edwards, Elkins, English, Gunner, Hughes, Kelly, Mrs Madeley, Oliver-Redgate, Mrs Pendleton, Miss Rhodes and Roberts (20).  Councillors Mrs Stainton and Mrs Warr abstained from voting (2).

 

            The Council

 

                        RESOLVED – That

 

(1)          In accordance with Section 9KC, Paragraph (1) of the Local Government Act 2000 (as amended by the Localism Act 2011) the Council resolves to cease operating a Leader and Cabinet form of governance and to operate a Committee system form of governance;

 

(2)          In accordance with Section 9L, Paragraph (4) (b) of the Local Government Act 2000 (as amended by the Localism Act 2011) the effective date for the implementation of this change to the form of governance will be the annual Council Meeting to be held on 19 May 2021;

 

(3)          The Committee system form of governance to be operated will be based on the Senior Management Team proposal agreed by the Governance Working Party on 3 December 2019, as attached to the Minutes of this meeting;

 

(4)          The Chief Executive, in consultation with the Chairman of the Governance Working Party, be authorised to prepare and publish the document setting out the provisions of the new governance arrangements required in accordance with Section 9KC, Paragraph (2) of the Local Government Act 2000 (as amended by the Localism Act 2011) as soon as practicable after passing this resolution;

 

(5)          The Constitution Working Party be convened to work through the necessary changes to the Council’s Constitution and report back to Full Council with the aim of this work being concluded by January 2021;

 

(6)          The Independent Remuneration Panel be convened to make recommendations for future Special Responsibility Allowances under the Members’ Allowances Scheme in light of the changes to governance arrangements and report back to the Audit & Governance Committee by November 2020;

 

(7)             The full budgetary implication to be worked up and included in the budget for 2021/22; and

 

(8)             All necessary training be given to staff and Councillors to ensure a smooth transition to the Committee System.