Agenda item

This is a follow up status report on the progress of transition to the Committee style Constitution and associated matters. It explains that the revision and re-writing  of the Constitution is complete and that the new constitutional document is ready for publication and that at the request of Full Council, this report is brought back after Members have been offered a briefing on the new Constitution.

As a hard copy of the Constitution has been supplied to those Members who had requested it, if you wish to view the Constitution you can do so by clicking on this link - The 2021 Constitution.

A copy of the report is attached.

The Chairman invited the Interim Monitoring Officer to present this item.

            Councillor Roberts confirmed that he wished to propose a Motion without Notice which was:

Part A - that under Part 5, Section 1, Paragraph 15 (m) of the Constitution, that Council Procedure Rules 14.1 and 17.2 be suspended to allow consideration and voting in respect of the vote of no confidence set out in Part B of this Motion. 

            Part B - that this Council has no confidence in the current administration and calls for their immediate resignation.  

            Part C - that this Council henceforth appoints Councillor Shaun Gunner as Leader of the Council to form a new Administration. 

Councillor Dendle then seconded this Motion without Notice. 

            The Chair invited the Interim Monitoring Officer to provide advice and to give an opinion.  He confirmed that the first part of the Motion was in order but that Part B was not clear as there was no such thing as a vote of no confidence in the Constitution or clarity as to what the current administration meant. The only Motion that could validly been moved was a Motion to remove the Leader and to remove the Deputy Leader with immediate effect. A call could not be made for their immediate resignation as they could choose not to resign.

            Councillor Roberts then suggested an amendment to Part B to read “I call for the immediate resignation of the Leader and Deputy Leader of the Council”. This amended wording was challenged by the Interim Monitoring Officer who confirmed that he would be happy for the Motion to be debated, as amended, and that if the Motion was passed it had to be confirmed that it would have no effect whatsoever as it currently stood.

            The amendment was then shared to the meeting – as set out below with the further amendment to Part B shown in bold and with deletions shown using strikethrough::

Part A - that under Part 5, Section 1, Paragraph 15 (m) of the Constitution, that Council Procedure Rules 14.1 and 17.2 be suspended to allow consideration and voting in respect of the vote of no confidence set out in Part B of this Motion. 

Part B - that this Council resolves to remove the Leader and Deputy Leader of the Council with immediate effect has no confidence in the current administration and calls for their immediate resignation.  

Part C - that this Council henceforth appoints Councillor Shaun Gunner as Leader of the Council to form a new Administration. 

            Councillor Roberts confirmed this amendment and asked to make a further amendment to Part A to read as follows:

Part A - that under Part 5, Section 1, Paragraph 15 (m) of the Constitution, that Council Procedure Rules 14.1 and 17.2 be suspended to allow consideration and voting in respect of the vote of the resolution set out in Part B of this motion no confidence set out in Part B of this Motion. 

            This further amendment was confirmed by Councillor Roberts and seconded by Councillor Dendle.

            The Interim Monitoring Officer sought confirmation that Councillor Gunner would accept the nomination to become the Leader of the Council under the Cabinet system which was still in force until 19 May 2021, when the new Constitution would go live and the new Committee system would take effect. Councillor Gunner confirmed that he would be happy to be nominated.

            Following further explanation by the Interim Monitoring Officer, the Chair then invited debate on this Motion. This saw many Councillors speaking in support of Councillor Walsh and the dignity he had shown in delivering his statement. His many years of distinguished public service was applauded in light of what was felt by many to be an unnecessary and unpleasant further Motion. There were many Councillors who confirmed that they could in no way support such this motion and requests were made for it to be withdrawn and to allow the business of the meeting to continue.

            Other Councillors spoke in support of the new motion claiming that the statement made by Councillor Walsh did not fulfil what had been agreed with Councillor Gunner earlier.  Councillor Gunner then confirmed his understanding of what he thought Councillor Walsh should have said stating that if Councillor Walsh could confirm these facts, then the motion would be withdrawn.

            Following further debate, Councillor Roberts then confirmed that he wished to withdraw his motion. 

            The Chairman then returned to the item before the Council [Transition to Committee Style of Governance] and invited the Interim Monitoring Officer to present his report.  It was confirmed that this was a follow up report which had been requested at the meeting of Full Council on 17 March 2021. Members were reminded that on 15 January 2020, a resolution had been passed to adopt the new Committee style form of governance from 19 May 2021.  At the last Full Council meeting, it had been reported that the work to rewrite the Constitution was now complete and Councillors had been asked to confirm that it could be published, once Member briefings had taken place.  Two Member briefings had taken place and so the Constitution was being brought back so that agreement for it to be published could be approved ahead of the Annual Meeting of the Council.

            Councillor Walsh then formally proposed the recommendation which was then seconded by Councillor Yeates.

            Following debate, in which the lack of scrutiny in the new structure was again raised as a concern, the Council

                        RESOLVED

            That it be agreed that the Constitution be published ready for use at the Annual Council meeting on 19 May 2021.