Agenda for Governance Committee on Tuesday, 7th July, 2009, 4.00pm
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Agenda, decisions and minutes
PDF 209 KBVenue: Council Chamber, Hove Town Hall. View directions
Contact: Rowan Sky Democratic Services Officer
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Procedural Business
(b) Declarations of Interest by all Members present of any personal interests in matters on the agenda, the nature of any interest and whether the Members regard the interest as prejudicial under the terms of the Code of Conduct.
(c) Exclusion of Press and Public - To consider whether, in view of the nature of the business to be transacted, or the nature of the proceedings, the press and public should be excluded from the meeting when any of the following items are under consideration.
NOTE: Any item appearing in Part 2 of the Agenda states in its heading the category under which the information disclosed in the report is exempt from disclosure and therefore not available to the public.
A list and description of the exempt categories is available for public inspection at Brighton and Hove Town Halls. Minutes: 1a Declaration of Substitutes
1a.1 Councillor Watkins declared that he was attending the meeting as a substitute for Councillor Elgood.
1b Declarations of Interest
1b.1 There were none.
1c Exclusion of Press and Public
1c.1 In accordance with Section 100A of the Local Government Act 1972 (‘the Act’), the Committee considered whether the press and public should be excluded from the meeting during an item of business on the grounds that it was likely, in view of the nature of business to be transacted or the nature of the proceedings, that if members of the press and public were present during that item, there would be disclosure to them of confidential or exempt information (as detailed in Section 100A(3) of the Act).
1c.2 RESOLVED – That the press and public be excluded from the meeting during consideration of items 15 onwards. |
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Minutes of the Previous Meeting Minutes of the meeting held on 28 April 2009 (copy attached). Minutes: 2.1 The Chairman apologised for the omission of the minutes from the agenda. The minutes had been circulated and Members given time to consider them.
2.2 RESOLVED - That the minutes of the meeting held on 28 April 2009 be approved as a correct record. |
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Chairman's Communications Minutes: 3.1 The Chairman thanked the Leaders of all Groups for engaging with him on the important issues that would influence the forthcoming work of the committee.
3.2 The Chairman explained the importance of civic history and made a commitment to improving the council’s ‘civic offer’ through consultation and with cross-party support.
3.3 The Chairman reported that he intended to bring forward proposals to enable members to make better use of the opportunities available within the council’s Constitution for Members to raise issues of local concern as well as strategic city-wide matters.
3.4 The Chairman explained the role of Cabinet Member Meetings and Scrutiny Panels in decision-making and pledged work with both the Executive and Scrutiny Members to ensure that all parts of the process worked well. |
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Callover (a) Items will be read out at the meeting and Members invited to reserve the items for consideration.
(b) To receive or approve the reports and agree with their recommendations with the exception of those items which have been reserved for discussion.
NOTE: Public Questions, Written Questions form Councillors, Petitions, Deputations, Letters from Councillors and Notices of Motion will be reserved automatically. Minutes: 4.1 RESOLVED - That all the items be reserved for discussion. |
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Petitions No petitions received by date of publication. Minutes: 5.1 There were none. |
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Public Questions (The closing date for receipt of public questions is 12 Noon on Tuesday 30 June 2009).
No public questions received by date of publication. Minutes: 6.1 There were none. |
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Deputations (The closing date for receipt of deputations is 12 Noon on Tuesday 30 June 2009).
No deputations received by date of publication. Minutes: 7.1 There were none. |
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Written Questions, Letters and Notices of Motion from Councillors No written questions, letters or Notices of Motion were submitted by Councillors for the meeting. Minutes: 8.1 There were none. |
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Draft Governance Committee Work Plan Report by the Acting Director of Strategy & Governance (copy attached). Decision: RESOLVED –
(1) That the Committee approves the draft work programme.
(2) That the Committee requests the Acting Director of Strategy and Governance to keep the work plan updated to reflect new items as they are identified. Minutes: 9.1 The Committee considered a report of the Acting Director of Strategy & Governance concerning draft work programme for the Committee (for copy see minute book).
9.2 Councillor Simpson welcomed the work programme, which could be further developed throughout the year. With reference to the work programme, she queried the absence of the report on ‘Change of Ward Names’ from the agenda.
9.3 The Head of Law explained that due to the European Elections and the upcoming by-election, officers had been unable to complete the work, but that the proposed names had been considered at the Leaders’ Group and the report would come to the Committee in September.
9.4 The Head of Law added that the work programme was meant to be indicative and that ‘Future Business’ would be a standing item on future agendas.
9.5 Councillor Watkins supported the idea of standing item as it would serve to inform Members of upcoming business in good time.
9.6 RESOLVED –
(1) That the Committee approves the draft work programme.
(2) That the Committee requests the Acting Director of Strategy and Governance to keep the work plan updated to reflect new items as they are identified. |
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Methodology for 12 Month Review of the Constitution Report by the Acting Director of Strategy & Governance (copy attached). Decision: RESOLVED - That the Committee approves the steps and timescale for the 12 month review of the constitution set out at paragraph 3.5 and 3.6 of the report. Minutes: 10.1 The Committee considered a report of the Acting Director of Strategy & Governance concerning the proposed approach and timescale for the 12 month review of the council’s Constitution (for copy see minute book).
10.2 Councillor Mitchell praised the six month review and hoped that the 12 month review would be similarly thorough.
10.3 In response to queries from Councillor Randall regarding the six month review, the Chairman offered to provide him with a copy of the report and accompanying information detailing the process and outcomes.
10.4 Councillor Mears commented that the review process was very important; it allowed the council to stay on track and make the way forward clear.
10.5 RESOLVED - That the Committee approves the steps and timescale for the 12 month review of the constitution set out at paragraph 3.5 and 3.6 of the report. |
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Update on Implementation of the Local Government and Public Involvement in Health Act 2007
Report of the Acting Director of Strategy & Governance (copy attached). Additional documents: Decision: RESOLVED - It is recommended that Members:
(1) Note the latest situation as regards the implementation of key governance provisions in the LGPIH Act; and
(2) Instruct officers to keep the Governance Committee informed about the implementation of any outstanding provisions in the Act relevant to the council. Minutes: 11.1 The Committee considered a report of the Acting Director of Strategy & Governance updating Members on latest situation regarding implementation of the Local Government and Public Involvement in Health Act 2007 (‘the LGPIH Act’) (for copy see minute book).
11.2 Councillor Watkins commented that the provisions relating to the new procedure for making byelaws would generate a lot of interest locally when there were implemented, as some work had already been done on this by Residents Associations and officers.
11.3 Councillor Simpson queried whether it would give the council the opportunity to legislate regarding bonfires.
11.4 The Head of Law explained that there was the opportunity for a wide interpretation in some areas, but that it was important to be selective and be mindful of resource implications.
11.5 Councillor Mears suggested that a review of the byelaws be initiated, in order for the council to focus on the relevant ones.
11.6 Councillor Mitchell echoed the need for a review and added that the council would need to look at the inconsistencies between Brighton byelaws and Hove byelaws.
11.7 The Head of Law reported that an ad-hoc review had been undertaken at some point, but it had not been comprehensive. He suggested bringing a report to the Committee in September or November to provide Members with a snapshot of the current situation. A thorough review could follow once the powers were implemented.
11.8 RESOLVED -
(1) That the latest situation as regards the implementation of key governance provisions in the LGPIH Act be noted.
(2) That officers be instructed to keep the Governance Committee informed about the implementation of any outstanding provisions in the Act relevant to the council. |
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Report of the Acting Director of Strategy & Governance (copy attached). Decision: RESOLVED –
(1) That the Committee approves the continued provision of webcasting based on the options outlined in paragraph 3.15 of the report
(2) That the Committee approves the revised Webcasting Protocol attached at Appendix 2. Minutes: 12.1 The Committee considered a report of the Acting Director of Strategy & Governance requesting Members to consider the continued provision of web casting selected council meetings following the conclusion of the pilot project (for copy see minute book).
12.2 Councillor Brown and Randall welcomed the proposal to fund an apprenticeship to resource the continued provision of web casting.
12.3 RESOLVED –
(1) That the Committee approves the continued provision of web casting based on the options outlined in paragraph 3.15 of the report
(2) That the Committee approves the revised web casting Protocol attached at Appendix 2. |
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Membership of South East England Councils (SEEC) Report of the Acting Director of Strategy & Governance (copy attached). Additional documents: Decision: RESOLVED - That theGovernance Committee approve Councillor Mary Mears as the representative for Brighton & Hove City Council, subject to the Cabinet giving approval to join SEEC. Minutes: 13.1 The Committee considered a report of the Acting Director of Strategy & Governance recommending that Brighton & Hove City Council joins the new regional body South East England Councils (SEEC) following the discontinuation of the South East England Regional Assembly (SEERA) at the end of March 2009. The Committee’s approval was sought to appoint Councillor Mary Mears as Brighton & Hove City Council’s representative, subject to Cabinet approval to join SEEC (for copy see minute book).
13.2 The Chairman explained that the report had come to the Committee to approve a representative prior to obtaining the approval of Cabinet to join SEEC; this was due to the timetabling of the meetings, with Cabinet taking place two days later.
13.3 Councillor Mitchell welcomed the recommendations and was supportive of the focus on regeneration monitoring and reporting at local level.
13.4 In response to a query from Councillor Randall regarding the absence of sustainability issues from the draft work programme the Acting Director of Strategy & Governance explained that this and other issues could be raised when SEEC meets.
13.5 In response to a query from Councillor Watkins the Acting Director of Strategy & Governance confirmed that the reference to the impact of a General Election had been included because officers needed to be aware of the potential for changes in policy that may result.
13.6 Councillor Mears made a commitment to ensure that regular updates on SEEC activities were reported to the Committee.
13.7 RESOLVED - That theGovernance Committee approve Councillor Mary Mears as the representative for Brighton & Hove City Council, subject to the Cabinet giving approval to join SEEC. |
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Items to go Forward to Council To consider whether any of the items listed on the agenda should be submitted to the Council meeting on 16 July 2009 for information.
In accordance with Procedural Rule 24.3a the committee may determine that any item is to be included in its report to Council. In addition each Minority Group may specify one further item to be included by notifying the Chief Executive immediately at the conclusion of the Committee meeting. Minutes: 14.1 The Committee considered whether any items should be submitted to the 16 July Council meeting for information.
14.2 RESOLVED – That Members inform officers following the meeting of any items they wish to be referred to Council.
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Future Pay Report of the Acting Director of Strategy & Governance and Interim Director of Finance & Resources – Exempt Categories 4 & 5 (circulated to Members only).
Decision: RESOLVED – That the recommendations be agreed as amended. Minutes: 15.1 The Committee considered a report of the Acting Director of Strategy & Governance concerning future pay (copy circulated to members only).
15.2 RESOLVED – That the recommendations be agreed as amended. |
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Part Two Items To consider whether or not any of the above items and the decisions thereon should remain exempt from disclosure to the press and public. Minutes: 16.1 The Committee considered whether or not any of the above items should remain exempt from disclosure to the press and public.
16.2 RESOLVED – That item 15, contained in Part Two of the agenda, remains exempt from disclosure to the press and public. |