Agenda item

Report of the Director of Legal and Democratic Services (LDS/24/6) on the outcome of the Governance Working Group and subsequent proposed changes to the Constitution in relation to Cabinet Member Reports at Council, attached.

RESOLVED that

(a) the proposed amendments to the Cabinet Procedure Rules at section 4c of the Constitution (paragraph 16), as outlined in section 5 of the Report and above with new text in red (and purple for that agreed at the meeting) and a strikethrough for removed words be recommended to Council;

(b) that delegated authority be given to the Director of Legal and Democratic Services, in consultation with the Governance working group, to create a revised template for Cabinet Member Reports; and

(c) Standing Order 5 (m) be recommended for amendment to cross reference the new Cabinet Member Report process and template requirement.

The Committee considered the Report of the Director of Legal and Democratic Services (LDS/24/6), which proposed changes to the Cabinet Member Reports process at Council Meetings, following a review by the Governance Working Group (Membership – Councillors Saywell (Chair), Biederman, Letch, Maskell, Samuel, Scott and Whitton).

The aim of the work strand was to ensure Council meetings were focussed and business driven – and to move back to the original intention of Cabinet Member Reports which was to report on any decisions taken by the Cabinet and any other areas of interest or service-related developments.

Analysis was conducted over a period of several weeks and a total of 15 other authorities’ processes were analysed. It was established there was a mixed picture with a small number having standing Cabinet Member Report items with written reports covering activities in the relevant service areas. Others had announcements from either the Leader and or Cabinet Members. It was clear other processes were driven by the Cabinet Members updating the Council, rather than Cabinet Members responding to queries from other Members of the Council.

The Committee noted that the working group had held a number of discussions and considered several different options for dealing with Cabinet Member Reports.

Members favoured a rota system, wanted to ensure that the Budget meeting was not overloaded with items that didn’t require a decision and also wished to ensure Members would be given the opportunity to ask questions on matters in Cabinet Member Reports.

Members also felt they did not wish to place any time limit on the total amount of time for such reports but felt time limits for presenting Reports and Member speeches be reduced slightly.

It was further recognised the meeting should allow for up-to-date verbal announcements from the Leader and / Cabinet Members on matters of importance and for Members to be able to respond to any verbal announcement made.

The Governance Working Group was clear that the purpose of the Cabinet Member Reports, which would be published with the agenda, should contain both positive and negative issues and be an open and honest account of the situation in service areas and in that vein, a new template for Cabinet Member Reports was recommended.

It was proposed that the Cabinet Procedure Rules at section 4c of the Constitution (paragraph 16), be amended as follows, with amendments shown in red and a strikethrough of removed words. Amendments agreed at the meeting were reflected in purple text below.

16.0 ANNOUNCEMENTS AND REPORTS FROM THE LEADER AND CABINET MEMBERS AT COUNCIL MEETINGS

16.1 A regular item shall be placed on the agenda of all meetings of the County Council (Standing Order 5(1)(m) refers) to receive any important updates or announcements from the Leader and/or Cabinet Members that cannot reasonably wait. Members may ask a brief question directly related to any verbal announcement made. A Member is also able to ask a brief succinct question on any urgent item of business agreed in advance, in line with the process outlined in Standing Order 17 (9)

16.2 A further agenda item will be titled Cabinet Member Reports. Cabinet Member Reports, save in exceptional circumstances, will be in writing and published with the agenda, in advance of the meeting. The Report from the Cabinet Member will focus on:

·       any other areas of interest or service related developments relating to his/her their remit that may have occurred since the previous meeting or are were likely to impact on the service in the coming months; and

·       any decisions taken by the Cabinet (i.e. key decisions) or by them under delegated powers (i.e. routine matters).

·       any other issue or matter specifically requested by a Member (by no later than 12 noon 4 working days before the meeting), which cannot adequately be covered by the opportunity that already exists under Standing Orders for Members to submit a Notice of Motion or written questions to Cabinet Members or Chairs of Committees relating, particularly, to factual and local issues.

The Report must follow the prescribed template (insert link).

16.23A maximum of three Cabinet Member Reports shall be brought to each Council meeting (except for the budget meeting) which will be on a rota basis. For the Budget meeting a maximum of one Cabinet Member Report will be brought to that meeting. Any variation to this pattern needs to be agreed by the Chair, Leader and Group Leaders.

16.34The Cabinet Member shall first present his/hergive their Report and presentation thereof.and make any statement(s) in response to any issue or matter specifically requested by a Member. Councillors may then, without notice, comment upon or ask a question of the Cabinet Member on any matter referred to in his/her their Report or relating to his remit.As indicated above, this facility is not intended to replace the opportunity that already exists under Standing Orders for members to submit written questions to Cabinet Members or Chairs of Committees, relating, particularly, to factual and local issues. The Cabinet Member will then respond to the points raised, either taking all questions at once or three at a time before the conclusion of the item. Directors will factually support the Cabinet Members response, as necessary.

16.45 The Cabinet Member will, when presenting his/her their Report, speak for a maximum of 7 10 minutes, with all other speeches being confined to a maximum of 5 3 minutes. In replying to questions from Members the Cabinet Member shall speak, at the discretion of the Chair.

Members commented whether a 10-minute time limit was too much for the Cabinet Member to be speaking (although it was noted this was a maximum).

The Committee also noted that the revised template would be shared with the Governance Working Group to ensure it captured the sorts of issues Members would wish to see covered in a Report to the Council from the Cabinet Member.

It was MOVED by Councillor Hart, SECONDED by Councillor Letch, and

RESOLVED that

(a) the proposed amendments to the Cabinet Procedure Rules at section 4c of the Constitution (paragraph 16), as outlined in section 5 of the Report and above with new text in red (and purple for that agreed at the meeting) and a strikethrough for removed words be recommended to Council;

(b) that delegated authority be given to the Director of Legal and Democratic Services, in consultation with the Governance working group, to create a revised template for Cabinet Member Reports; and

(c) Standing Order 5 (m) be recommended for amendment to cross reference the new Cabinet Member Report process and template requirement.