To consider matters referred to the Council for determination. The relevant minutes are attached.

In accordance with Standing Order 7(1), these matters will be taken as approved except in respect of any to which objections or amendments are submitted in accordance with Standing Order 7(2).

A.  Cabinet (18 April 2013) – Minute 241

B.  Report of the Chief Executive and Appendix – Revisions to the Constitution

C.  Proposed Revised Constitution (Printed as a separate document)

D.  Audit & Risk Management Committee (15 April 2013) Minute 63

E.  Report of the Chief Executive and Appendix – Proposed Revisions to Council Contract Procedure Rules

F.  Report of the Interim Director of Finance and Appendix – Proposed Revisions to the Council Financial Regulations

G.  Minutes of the Democracy Working Party (8 April 2013)

H.  Member Consultation and Engagement Feedback Report

In accordance with Standing Order 7(1), Cabinet Minute 241, 18 April 2013, Revisions to the Constitution, was submitted for approval by the Council, but was the subject of two amendments.

Proposed by Councillor Phil Davies

Seconded by Councillor Ann McLachlan

That Council is recommended to:

(1)  adopt the revised constitution as set out as Appendix 3 to the Chief Executive’s report;

(2)  note that additional consequential changes will need to be made over the next year in the light of operating the new Policy and Performance Committees and Constituency Committee arrangements;

(3)  rename the Standards Committee the Standards and Constitutional Oversight Committee:

(4)  delegate the following additional responsibilities to the Standards and Constitutional Oversight Committee:

  To keep the Council’s constitutional arrangements under review and to make such recommendations to the Council as it considers appropriate for ways in which the constitution should be amended in order to better achieve the purposes set out in Article 1 (set out at paragraph 2.23 of the Chief Executive’s report); and

Oversee and agree such minor changes to the Council’s constitution arrangements as are recommended by the Monitoring Officer from time to time.

Amendment submitted in accordance with Standing Order 7(2)

Proposed by Councillor Jeff Green

Seconded by Councillor Lesley Rennie

(1)  Given its history, Council believes it is dangerous to remove the Children and Young People and the Adult Social Services Health and Wellbeing Scrutiny Committees.

(2)    Given the lack of detail regarding the finances, powers, responsibilities and processes of the proposed Area Committees and the lack of clarity regarding its roles with regard to Public Sector Boards, Council believes it is unable to support this proposal at this time.

(3)  As the changes proposed to the Council Procedures and Standing Orders will remove the opportunity for Councillors to raise matters of concern to them or have these items debated.  Council believes this will place even greater power in the hands of the administration at the expense of ordinary members of the Council. Seen alongside the administration’s desire to abolish annual local elections and the lack of any ‘opposition time’ to raise matters of concern to the public and have them debated by the Council.

Council therefore rejects those Amendments of the Constitution outlined in the Summary of Amendments and listed as:

• Article 6 Overview and Scrutiny Committees

• Article 10 Creation of four Area Committees

• Part 4 Council Procedure and Standing Orders

Amendment submitted in accordance with Standing Order 7(2)

Proposed by Councillor Tom Harney

Seconded by Councillor Phil Gilchrist

Delete all and replace with:

This Council regrets that the Democracy Working Party was unable to reach a consensus on the way Wirral Council should move forward.  Council believes that insufficient time was set aside to study the way other Councils serve their residents and that only limited evidence of best practice was studied.

Council considers that:

a.  the proposed format for Council meetings provides insufficient time for debate.

b.  the process proposed for questioning Cabinet Members and consideration of the answers is insufficient to hold them to account.

c.  the proposed Scrutiny arrangements, with only three Policy and Performance Committees, fail to provide sufficient opportunities for effective scrutiny.

d.  the Constituency Committees, though intended to provide a replacement for the Area Forums, cover areas that are too large for effective public participation.

In these circumstances, the revised Constitution be not approved, the present arrangements continue for the time being and the Democracy Working Party be requested to reconvene to give further consideration to these arrangements, including an examination of the committee systems re-introduced elsewhere.

Following a combined debate on both amendments and Councillor Phil Davies having replied, the Liberal Democrat amendment was put and lost (27:37) (One abstention).

In respect of the Conservative amendment Councillor Green along with five Conservative Members, asked that a “card vote” be recorded. The Council divided as follows –

For the Motion (26) Councillors C Blakeley, E Boult, A Brighouse, W Clements, T Cox, DM Elderton, L Fraser, PN Gilchrist, J Green, J Hale, T Harney, P Hayes, AC Hodson, K Hodson, M Hornby, P Kearney, SE Kelly, I Lewis, GD Mitchell, SR Mountney, Mrs C Povall, Mrs L Rennie, SL Rowlands, A Sykes, GCJ Watt, Mrs P Williams and S Williams.

Against the Motion (37) Councillors RL Abbey, P Brightmore,  J Crabtree, G Davies, P Davies, WJ Davies, D Dodd, P Doughty, S Foulkes,  P Glasman, RJ Gregson, P Hackett, M Johnston, AER Jones, C Jones, B Kenny, A Leech, ARC McLachlan, M McLaughlin, Mrs C Meaden, B Mooney, C Muspratt, S Niblock, T Norbury, D Realey, DE Roberts, J Salter, H Smith, PA Smith, W Smith, J Stapleton, M Sullivan, J Walsh, S Whittingham, I Williams, KJ Williams and J Williamson.

One abstention - Councillor G Ellis.

The Conservative amendment was therefore put and lost 26:37  (one abstention)

RESOLVED: (37:27) (One abstention) (Councillors C Blakeley, E Boult, W Clements, T Cox, DM Elderton, L Fraser, J Green, J Hale, P Hayes, AC Hodson, K Hodson, M Hornby, P Kearney, I Lewis, SR Mountney, Mrs C Povall, Mrs L Rennie, SL Rowlands, A Sykes, GCJ Watt and S Williams voted against).

That

(1)  the revised constitution as set out as Appendix 3 to the Chief Executive’s report be adopted;

(2)  the additional consequential changes needed to be made over the next year in the light of operating the new Policy and Performance Committees and Constituency Committee arrangements be noted;

(3)  the Standards Committee be renamed the Standards and Constitutional Oversight Committee;

(4)  the following additional responsibilities be delegated to the Standards and Constitutional Oversight Committee:

  To keep the Council’s constitutional arrangements under review and to make such recommendations to the Council as it considers appropriate for ways in which the constitution should be amended in order to better achieve the purposes set out in Article 1 (set out at paragraph 2.23 of the Chief Executive’s report); and

Oversee and agree such minor changes to the Council’s constitution arrangements as are recommended by the Monitoring Officer from time to time.