Issue - meetings

The Portfolio Holder is requested to note that no petitions were received during 2010/11.

The Democratic Services Team Leader informed the Portfolio Holder that no petitions had been received during the 2010/11 financial year, though this was not unusual for the district. The Portfolio Holder felt that the public should be encouraged to petition the Council should they have reason to do so, though he believed the threshold levels of respondents were already low enough to provide incentive. It was agreed that the petitions facility should be publicised in the autumn edition of the South Cambs magazine.

The Portfolio Holder NOTED the report.

The Policy and Performance Portfolio Holder RECOMMENDED TO COUNCIL the adoption of the Petition Scheme in respect of non-executive functions, replacing the existing Petition Scheme at Part 5, Section L of the Constitution.

Council RESOLVED that the Petition Scheme be adopted in respect of non-executive functions, replacing the existing Petition Scheme at Part 5, Section L of the Constitution, subject to the following amendments:

·                      Minimum number of signatures required for an Ordinary Petition: 50; and

·                      Minimum number of signatures required for a Petition for Debate: 100

Councillor Tom Bygott, Policy and Performance Portfolio Holder, introduced the revised Petitions Scheme, which met the requirements of the Local Government, Economic Development and Construction Act 2009 and would replace the Council’s existing Petition Scheme, and moved the recommendation, seconded by Councillor Tim Wotherspoon.

Councillor Sebastian Kindersley, feeling that the suggested thresholds were too demanding and could stifle opportunities for the public to raise issues with the Council, proposed, seconded by Councillor Alex Riley, that the following thresholds be amended:

·                      Minimum number of signatures required for an Ordinary Petition: from 100 to 50;

·                      Minimum number of signatures required for a Petition for Debate: from 500 to 100; and

·                      Minimum number of signatures required for a Petition to Hold an Officer to Account: from 500 to 300.

Members debated the requirements of the Petition Scheme and raised the following points:

·                      There was a danger of abuse of e-Petitions and no requirement for petitioners to be residents of South Cambridgeshire;

·                      Smaller villages might have an important local issue but not enough residents to reach the 100-signature threshold;

·                      The Scheme and the thresholds were to be reviewed annually;

·                      The Scheme must be adopted by 15 June 2010 and the Council would be in breach of its statutory obligations if it did not replace the previous Petition Scheme;

·                      There was no way to verify that electronic signatures were genuine;

·                      Members present at the Policy and Performance Portfolio Holder’s meeting on 13 May 2010 had already debated the Scheme at length; and

·                      It was unreasonable to allow members of the public to call officers to account at public meetings and that the legislation did not set out how this was to be done without breaching employment law.

Councillors Kindersley and Riley withdrew the proposal to amend the number of signatures required for a Petition to Hold an Officer to Account, but kept the amendments to the number of signatures required for Ordinary Petitions and Petitions for Debate.  In accordance with Council Standing Order 14.6(b), a vote was taken on the amendment and, with thirty-one votes in favour and twenty-one against, the amendment was CARRIED.

Council, with three votes against, RESOLVED that the Petition Scheme be adopted in respect of non-executive functions, replacing the existing Petition Scheme at Part 5, Section L of the Constitution, subject to the following amendments:

·                      Minimum number of signatures required for an Ordinary Petition: 50; and

·                      Minimum number of signatures required for a Petition for Debate: 100

The Portfolio Holder, subject to the amendments made at the meeting,

(i)                  AGREED

(a)               to adopt the draft Petition Scheme in respect of executive functions;

(b)               that the Democratic Services Team Leader be designated as the Petitions Officer and be instructed to report annually to the relevant Portfolio Holder on the operation of the Scheme;

(c)               that the relevant Portfolio Holder, based upon the topic of the petition, will receive Ordinary Petitions for decision, but that the Portfolio Holder may refer a petition to Cabinet if s/he felt that it raises wider issues or is outside the powers delegated to the Portfolio Holder;

(d)               that the Group Leaders / Convenors and relevant ward Councillor(s) be provided with a copy of each petition within 5 working days of receipt, at the same time as it is put on the Petitions Site on the Council website and that all Members and relevant officers be advised of its receipt;

(e)               that the Chief Executive be instructed to incorporate the Petition Scheme in the Council’s Constitution and make consequential amendments;

(f)                 that a maximum of 30 minutes be allowed at any meeting for discussion of a petition, but that this can be extended by the Chairman when appropriate; and, where a decision or response is not reached at a meeting, that the petition stand referred to the relevant Portfolio Holder to respond; and

(g)               that the Democratic Services Team Leader undertake immediate investigation of alternative software provision, including the possibility of an in-house solution, in consultation with the Head of ICT and the Policy and Performance Portfolio Holder, and

(ii)                RECOMMENDED TO COUNCIL the adoption of the Petition Scheme in respect of non-executive functions.

Decision taken and published on Thursday 13 May 2010.  Call-in expires at 5 pm on Thursday 20 May 2010.  Decision can be implemented from Friday 21 May 2010 if not called-in.

The Portfolio Holder, subject to the amendments made at the meeting,

(i)            AGREED

(a)            to adopt the draft Petition Scheme in respect of executive functions,

(b)        that the Democratic Services Team Leader be designated as the Petitions Officer and be instructed to report annually to the relevant Portfolio Holder on the operation of the Scheme;

(c)        that the relevant Portfolio Holder, based upon the topic of the petition, will receive Ordinary Petitions for decision, but that the Portfolio Holder may refer a petition to Cabinet if s/he felt that it raises wider issues or is outside the powers delegated to the Portfolio Holder;

(d)        that the Group Leaders / Convenors and relevant ward Councillor(s) be provided with a copy of each petition within 5 working days of receipt, at the same time as it is put on the Petitions Site on the Council website and that all Members and relevant officers be advised of its receipt;

(e)        that the Chief Executive be instructed to incorporate the Petition Scheme in the Council’s Constitution and make consequential amendments;

(f)         that a maximum of 30 minutes be allowed at any meeting for discussion of a petition, but that this can be extended by the Chairman when appropriate; and, where a decision or response is not reached at a meeting, that the petition stand referred to the relevant Portfolio Holder to respond; and

(g)        that the Democratic Services Team Leader undertake immediate investigation of alternative software provision, including the possibility of an in-house solution, in consultation with the Head of ICT and the Policy and Performance Portfolio Holder, and

(ii)            RECOMMENDED TO COUNCIL the adoption of the Petition Scheme in respect of non-executive functions.

In order to reflect new legislative requirements contained in the Local Democracy, Economic Development and Construction Act 2009, the Council’s existing petition scheme required updating. The Act states that by 15 June 2010, every local authority must have adopted a Petition Scheme, which sets out how it will handle petitions, and by 15 December 2010 every local authority must have an on-line petition facility.

Consideration was given to the draft scheme and as a result of the ensuing discussion the following amendments were made:

Procedural Guidance

Definition

Para 1 – lines 2 and 5, replace 20 with 100

Scope

Para 2.1 – line 4, insert or influence after the word responsibility

Para 2.3 – line 1, replace 20 with 100

Para 6.1 – line 2, insert the words or is broadly similar in intent, after the word matter

Para 8 – line 1, insert the words will be made after the word criteria and line 2/3 delete the words shall be final.

Types of Petition

Para 9.4 – line 2, replace 50 with 500

Para 9.5 – line 4, replace 50 with 500

Procedure

Para 29 – line 1, delete the word outcome and replace with procedure

The Portfolio Holder, subject to the above amendments,

(i)            AGREED

(a)            to adopt the draft Petition Scheme in respect of executive functions,

(b)        that the Democratic Services Team Leader be designated as the Petitions Officer and be instructed to report annually to the relevant Portfolio Holder on the operation of the Scheme;

(c)        that the relevant Portfolio Holder, based upon the topic of the petition, will receive Ordinary Petitions for decision, but that the Portfolio Holder may refer a petition to Cabinet if s/he felt that it raises wider issues or is outside the powers delegated to the Portfolio Holder;

(d)        that the Group Leaders / Convenors and relevant ward Councillor(s) be provided with a copy of each petition within 5 working days of receipt, at the same time as it is put on the Petitions Site on the Council website and that all Members and relevant officers be advised of its receipt;

(e)        that the Chief Executive be instructed to incorporate the Petition Scheme in the Council’s Constitution and make consequential amendments;

(f)         that a maximum of 30 minutes be allowed at any meeting for discussion of a petition, but that this can be extended by the Chairman when appropriate; and, where a decision or response is not reached at a meeting, that the petition stand referred to the relevant Portfolio Holder to respond; and

(g)        that the Democratic Services Team Leader undertake immediate investigation of alternative software provision, including the possibility of an in-house solution, in consultation with the Head of ICT and the Policy and Performance Portfolio Holder, and

(ii)            RECOMMENDED TO COUNCIL the adoption of the Petition Scheme in respect of non-executive functions.