Agenda item

This report sets out various provisions in the Localism Act which affect the Council’s constitutional arrangements, the action required and where applicable the options available to members. 

Discussion:

The Assistant Director, Legal and Corporate Services, introduced the report outlining the four issues and options relating to governance in the Localism Act that would require decision at Full Council on 26 July 2012. These were the form of governance the council wished to take; the election and term of office of the executive leader; provisions for petitions to local authorities; and Councillor Call for Action (CCfA).

Members discussed the provision in the Localism Act relating to assets of community value and scope for community interest groups to bid in relation to disposal of listed land. A report was requested on the Community Asset List to be added to the work programme for future consideration.

The committee discussed the provision to review and change the arrangement it had in place for petitions. Councillors agreed that the current provision for petitions should remain in place. However, Members were concerned regarding the current arrangements to access e-petitions on the council’s website. The committee also discussed access to and consideration of petitions raised through other e-petition facilities other than the one hosted by the council. Members requested that a report was added to the work programme on this matter.

A Member raised a matter in relation to paragraph 16.8 (ii) of the Constitution (set out on page 64 of the agenda) and asked why a request for call-in to Full Council had to be signed by six or more Members representing at least two political groups and whether this could be amended to one political group. The Monitoring Officer advised that if Members wished to amend a section of the Constitution, which was not a legal requirement, they could do so at Full Council.

Members also asked what form of governance other Local Authorities had implemented or were proposing to implement. For example, Brighton and Hove Council had adopted a hybrid system of committees and the scrutiny function, as they wished to be fully informed before making a decision for Medway. Officers undertook to investigate this and inform Members prior to the Full Council meeting of 26 July when this matter would be considered.

Decision:

The Committee agreed to recommend to Cabinet:

(a)   no change at this stage to the Councils petition scheme even though the Localism Act revokes the duty to have a scheme for handling petitions;

(b)   changes to the overview and scrutiny rules as highlighted in Appendix B to give effect to revocation of the Councillor Call for Action scheme (for non crime and disorder issues) and the implementation of a requirement to enable any member of the Council who is not a Member of the relevant Overview and Scrutiny Committee to be able to refer matters to the Committee (with the exception of excluded matters).

The committee also agreed to request that:

(c)  a report was added to the work programme on the list of assets of community value;

(d)   a report was added to the work programme on e-petition and the council’s e-petition facility;

(e)   information on the form of governance adopted by other Local Authorities was supplied to Members and the Cabinet prior to decision by Full Council on 26 July 2012.