Philip McCourt, Director of Law and Governance introduced his report that informed that the Council had adopted a committee system of governance from the beginning of the 2020/21 municipal year. The forthcoming change to its governance arrangements necessitated a revised Constitution to be in place for the Annual Meeting in September 2020.

The report informed that a Governance Member Working Group, appointed by the Standards and Constitutional Oversight Committee (SCOC), had overseen the process of drafting the revised Constitution. The SCOC noted that Full Council originally requested that this be ready for adoption for its next meeting of 16 March 2020, following consideration of the draft by a meeting of this Committee in February 2020. With the outbreak of the Covid-19 pandemic, and subsequent disruption to the Council calendar of meetings, the Annual Meeting of Council was moved from 19 May 2020 to 28 September 2020, and ratification of the revised Constitution was rescheduled accordingly.

The report further informed that as a result, the Governance Member Working Group (GMWG) also felt it advisable to delay adoption to allow for a further period of consultation and for training. The elements of the attached draft revised Constitution underwent a further review by the Governance Member Working Group on 30 July and 24 August 2020.

The Director of Law and Governance took the opportunity to thank the SCOC and GMWG for their collaboration and work, and informed that in addition to the officers known to the Committee, due to the complexities involved in the project, invaluable assistance had also been provided by the Council’s Programme Management Office Manager, Mike Callon. The Director of Law and Governance apprised the SCOC that the primary objective, considered to best meet the objectives set in Council’s decision to adopt a committee system form of governance arrangements, were:

·  Accountability – responsibilities and accountability should be clear, within the Council and to residents;

·  Credibility – governance should assist good decision making, which involve proper and early scrutiny;

·  Transparency – the decision-making process should be open and transparent to Members and to the public;

·  Collaboration - decision making should be collaborative across parties and less combative; and

·  Timeliness – decision making should be both quick and effective and, when necessary, allow for urgent decision making.

Members expressed their appreciation to the Officer in respect of his report and work in relation to the Constitution and the earlier agenda item in respect of the Committee System redesign.

A number of points were debated in respect of clarity of oversight for committee responsibilities, the flexibility for referrals between committees (when required) ensuring that every effort was taken to ensure issues did not ‘fall through the cracks’. Members were pleased to report on the consensus working involved in preparation of the new Constitution and provided examples of how this continued with close working between Chairs and Spokespersons on various Boards and Committees.

The Director of Law and Governance informed that subsequent to circulation of the draft Constitution before the SCOC, further work would be required in the future by the successor committee and any errors, omissions or minor corrections could be undertaken in advance, with the SCOC’s consent, and minor alteration to the recommendation as contained in the report, an amendment was tabled.

Amendment

Proposed by the Chair, Councillor Tony Cox

Seconded by Councillor M McLaughlin

“That the Committee recommend to Council for adoption the draft revised Constitution (attached as Appendix A) at the Annual Meeting of Council to be held on the 28th September 2020, subject to:

(1)  The amendment of Part 3(B) of the draft revised Constitution by the monitoring officer

(a)  to clarify:

(i)  that standing sub-committee numbers are a minimum expectation and not set;

(ii)  that the Local Plan Steering Sub-Committee is time-limited and will be dissolved on the adoption of the Local Plan currently in development (para 4.2(a));

(iii)  that the Environment, Climate Emergency and Transport Committee is responsible for air quality issues (para 5.2(a));

(iv)  that the Housing Committee is responsible for the Authority’s relationship with Registered Providers of housing (para 6.2(a));

(b)  to include that the Adult Social Care and Public Health Committee’s responsibility for “preventative services” also covers responsive services and includes those services concerning domestic violence (para 2.2(e)(viii)); and

(c)  to include the terms of reference for the Joint Governance Committee of the Northern Local Government Pension Scheme Investment Pool (para 15); and

(2)  The inclusion of any further amendments, prior to its adoption by Council, that the monitoring officer considers will correct errors and omissions or (on notice to the Governance Member Working Group) will otherwise aid in the draft Constitution’s future operation.”

Given the importance on the subject under consideration the Chair stated that, in respect of the voting on this matter, each Member be requested to formally state their support or objection to the recommendation (as amended).

Resolved (8:0) no abstentions

That the Committee recommend to Council for adoption the draft revised Constitution (attached as Appendix A) at the Annual Meeting of Council to be held on the 28th September 2020, subject to:

(1)  The amendment of Part 3(B) of the draft revised Constitution by the monitoring officer

(a)  to clarify:

(i)  that standing sub-committee numbers are a minimum expectation and not set;

(ii)  that the Local Plan Steering Sub-Committee is time-limited and will be dissolved on the adoption of the Local Plan currently in development (para 4.2(a));

(iii)  that the Environment, Climate Emergency and Transport Committee is responsible for air quality issues (para 5.2(a));

(iv)  that the Housing Committee is responsible for the Authority’s relationship with Registered Providers of housing (para 6.2(a));

(b)  to include that the Adult Social Care and Public Health Committee’s responsibility for “preventative services” also covers responsive services and includes those services concerning domestic violence (para 2.2(e)(viii)); and

(c)  to include the terms of reference for the Joint Governance Committee of the Northern Local Government Pension Scheme Investment Pool (para 15); and

The inclusion of any further amendments, prior to its adoption by Council, that the monitoring officer considers will correct errors and omissions or (on notice to the Governance Member Working Group) will otherwise aid in the draft Constitution’s future operation.