Issue - meetings

This report provides details of new regulations which clarify and extend the circumstances in which local authority executive decisions are to be open to the public. The Council is asked to agree the required changes to Medway’s Constitution.

In addition the Council is asked to agree to adopt a revised Communications Protocol to replace the version in Part 5 of the Council’s Constitution in order to align the Medway Protocol with the latest model Code of Recommended Practice on Local Authority Publicity.

Discussion:

This report provided details of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 which were laid before Parliament on 15 August and came into effect on 10 September 2012. These regulations clarify and extend the circumstances in which local authority executive decisions are to be open to the public. The report also provided details of the required changes to Medway’s Constitution, following initial consideration at Cabinet on 4 September 2012.

Councillor Rodney Chambers informed Members that the Council had received a response from the Department for Communities and Local Government (DCLG) which indicated that the new regulations would not require the publication of officers’ administrative or operational decisions (Regulation 13(4)).

In addition the report provided details of a revised Communications Protocol to replace the version in Part 5 of the Council’s Constitution in order to reflect the Medway Protocol with the latest model Code of Recommended Practice on Local Authority Publicity.

Councillor Rodney Chambers, the Leader of the Council, supported by Councillor Jarrett, Portfolio Holder for Finance and Deputy Leader, proposed the recommendations set out in the report.

Decision:

a)     The Council agreed the changes required to the Constitution as set out in Appendices A and B.

b)     The Council noted the working arrangements for executive decision-making and access to information as set out in the revisions to the Constitution together with the proposed approach described in paragraphs 4.1 to 4.10 which took effect on 10 September 2012 to ensure compliance with the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations.

c)      The Council noted that the Monitoring Officer had been given authority by the Leader and Cabinet to put in place arrangements for the publication of executive decisions taken by officers, if required, once a reply from the Secretary of State as the intended scope of this provision has been received.

d)     The Council noted that the Leader had delegated authority to the Monitoring Officer to determine, in consultation with the Leader, a response to any representations received about why a Cabinet meeting should be open to the public following publication of a notice of intention to meet in private.

e)     The Council agreed the revised Communications Protocol, as set out in Appendix C to the report.

Background:

This report advised the Cabinet of the content of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 which were laid before Parliament on 15 August and would come into effect on 10 September 2012. These regulations clarified and extended the circumstances in which local authority executive decisions were to be open to the public.

These regulations affected and made changes to the following areas in connection with executive decision making: publicity in connection with key decisions (Forward Plan); procedures prior to Cabinet meetings where the public may be excluded; cases of special urgency; inspection of background papers; additional rights of access to documents for Members; additional rights of access to documents for Members of Overview and Scrutiny Committees and the reporting of Cabinet proceedings.

The report noted that the working arrangements would need to be changed with immediate effect and that the necessary changes to the Constitution would be reported to Full Council, for consideration and approval, on 18 October 2012.

Appendices A and B were circulated in Supplementary Agenda No.1 on 29 August 2012.

An addendum report was tabled at the meeting which provided additional information regarding the recording of executive decisions made by individuals.

Reasons:

The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 require a number of changes to arrangements for executive decision-making and access to information to be in place by 10 September 2012.