Agenda item

The Civic Affairs Committee

Recommended to Council  that

A)           Council changes the Constitution to allow the appointment of an Independent Member to the Audit and Corporate Governance Committee, noting that they should: 

                 i.     not have voting rights;

               ii.     be on the electoral roll; within the Cambridgeshire area; and

              iii.     the recruitment process to be delegated to the Audit & Corporate Governance Committee

B)           The Audit & Corporate Governance Committee be authorised to make the necessary arrangements to recruit and select the Independent Member as per the suggested constitutional additions in Appendix C.

Council

Agreed          to change the Constitution to allow the appointment of an Independent Member to the Audit and Corporate Committee, noting that they should:

A)       Not have voting rights;

B)       Be a resident within the Cambridgeshire area, the word resident to be defined by officers and approved by the Civic Affairs Committee; and

C)        The recruitment process to be delegated to the Audit and Corporate Governance Committee.

The Chair explained that as he was the Chair of the Civic Affairs Committee he would be presenting this report, which recommended the appointment of an Independent member of the Audit and Corporate Governance Committee.

Councillor Stephen Drew proposed that the recommendation that the Independent Person be on the electoral roll should be amended to simply require them to be a resident of Cambridgeshire. Councillor Richard Stobart seconded this amendment.

Councillor Heather Williams expressed her disappointment in the proposed amendment, as the recommendation from the Civic Affairs Committee had enjoyed cross-party support. A resident could have two homes and so the amendment made the connection with the area weaker than being on the electoral roll.

Councillor Mark Howell explained that the Civic Affairs Committee had recommended that the candidate be on the electoral roll as this would ensure that the Independent Person would have a vested interest in the area. He warned that the term resident was not clearly defined.

Councillor Stephen Drew stated that being on the electoral roll was exclusionary as residents had a right to opt to not be on the roll. Councillor John Williams explained that being on the electoral roll did not mean a permanent address in Cambridgeshire, as a person could have two homes.

Councillor Daniel Lentell suggested that being on the Council Tax register or providing a utility bill could be used to demonstrate local residency instead of relying on the electoral roll.

Councillor Dr Richard Williams requested that those recommending the amendment provide a definition of a resident to avoid future legal challenges. Councillor Richard Stobart explained that the recruitment of the Independent Person would be officer led.

A vote was held on the proposed amendment and were cast as follows:

In favour (21):

Councillors Henry Batchelor, John Batchelor, Anna Bradnam, Dr Martin Cahn, Stephen Drew, Peter Fane, Bill Handley, Sunita Hansraj, Sally Ann Hart, Geoff Harvey, Dr Tumi Hawkins, Dr James Hobro, Carla Homan, Helene Leeming, Peter McDonald, Brian Milnes, Annika Osborne, Peter Sandford, Bridget Smith, Richard Stobart and John Williams

Against (9):

Councillors Paul Bearpark, Tom Bygott, Graham Cone, Sue Ellington, Mark Howell, Lina Nieto, Bunty Waters, Dr Richard Williams and Heather Williams.

Abstain (3):

Councillors Michael Atkins, Ariel Cahn and Daniel Lentell.

The amendment was agreed.

Councillor Heather Williams proposed an amendment to the new recommendation to include a legal definition of the word “resident” so that it would be clear who was able to apply for the position. Councillor Dr Richard Williams seconded this proposal, as he considered the word resident to be too vague and so it was vital that a clear definition was provided. The Chair proposed that the Council’s officers provide a definition of resident, which would then be confirmed by the Civic Affairs Committee. The amendment was agreed by affirmation.

Councillor Heather Williams stated that she had supported the original recommendation and as her view had not changed she would vote against the amended recommendation.

Councillor Michael Atkins, Chair of the Audit and Corporate Governance Committee, explained that there was an expectation from CIPFA that the Committee would have independent members and he hoped that their appointment would complement the good work already being done by the Committee.

The Chair proposed and Councillor Michael Atkins seconded the amended recommendation. A vote was taken and were cast as follows:

In favour (24):

Councillors Michael Atkins, Henry Batchelor, John Batchelor, Paul Bearpark, Anna Bradnam, Ariel Cahn, Dr Martin Cahn, Stephen Drew, Peter Fane, Bill Handley, Sunita Hansraj, Sally Ann Hart, Geoff Harvey, Dr Tumi Hawkins, Dr James Hobro, Carla Homan, Helene Leeming, Peter McDonald, Brian Milnes, Annika Osborne, Peter Sandford, Bridget Smith, Richard Stobart and John Williams

Against (8):

Councillors Tom Bygott, Graham Cone, Sue Ellington, Mark Howell, Lina Nieto, Bunty Waters, Dr Richard Williams and Heather Williams.

Abstain (1):

Councillors Daniel Lentell.

Council

Agreed          to change the Constitution to allow the appointment of an Independent Member to the Audit and Corporate Committee, noting that they should:

A)       Not have voting rights;

B)       Be a resident within the Cambridgeshire area, the word resident to be defined by officers and approved by the Civic Affairs Committee; and

C)        The recruitment process to be delegated to the Audit and Corporate Governance Committee.