Agenda item

Adoption of Revised Constitution (Civic Affairs Committee - 3 March 2020)

Civic Affairs Committee recommended that Council:-

 

(a)  Adopts the revised Constitution (Appendix B), Ethical Handbook (Appendix C),  Public Speaking Scheme (Appendix D1) and Petitions Scheme (Appendix D2) with effect from the new Municipal Year.

 

(b)  Authorises the Chief Executive, after consultation with the Chairman and Vice-Chairman of the Council, to make any further typographical or minor amendments to the Constitution prior to its publication.

 

Note: The accompanying report contains slightly amended recommendations to reflect adjustments needed relating to virtual meetings.

 

Decision:

Council AGREED to

 

A)       Adopt, subject to (B) below, the revised Constitution (Appendix B), Ethical Handbook (Appendix C), Public Speaking Scheme (Appendix D1) and Petitions Scheme (Appendix D2) with effect from 22 May 2020.

 

B)       Note that, for the conduct of virtual meetings, the Constitution may be superseded by the provisions of The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and any revised Standing Orders agreed by the Council relating to virtual meetings.

 

C)       Authorise the Chief Executive, after consultation with the Chairman of the Council, to make any further typographical or minor amendments to the Constitution prior to its publication.

Minutes:

Councillor Dr Douglas de Lacey, Chair of Council, introduced this report, which recommended that Council adopt the revised Constitution, Ethical Handbook, Public Speaking Scheme and Petitions Scheme. He explained that it was a “living document” and so it was proposed that the Chief Executive, after consultation with the Chair, would have delegated authority to make minor amendments prior to publication.

 

Councillor Dr. Claire Daunton thanked Councillor Mark Howell and Councillor Dr. Aidan Van de Weyer, the two other members of the Constitution Review Task and Finish Group. She also thanked the Group’s supporting officers for the immense amount of work they had carried out. She added that external solicitors had examined the proposals and recommended certain amendments.

 

Councillor Heather Williams congratulated all those who worked on the production of the new Constitution, but explained that she could not support its adoption, as it would include rules on the Planning Scheme of Delegation that she was opposed to.

 

Councillor Hazel Smith congratulated the Constitution Review Task and Finish Group on doing an excellent job of modernising the constitution.

 

Councillor Deborah Roberts stated that the Constitution had grown in size, which made it more difficult to find information, compared to the old document.

 

Councillor Dr. Aidan Van de Weyer congratulated officers and councillors involved in producing the new Constitution and expressed his disappointment at the fact that there was no consensus regarding its agreement. He stated that legal requirements made it impossible to produce a short document and the new Constitution’s improved structure made it more usable than before.

 

Councillor Dr. Tumi Hawkins stated that unfortunately Cambridgeshire County Council had indicated its intention to withdraw from the Joint Development Control Committee Cambridge Fringes and so this part of the Constitution would have to be amended.

 

Councillor Nick Wright regretted that his group could not support this, but this was due to their opposition to the Planning Scheme of Delegation.

 

Councillor Eileen Wilson and Councillor Bill Handley expressed concern about the accuracy of the map of the wards in Part 8 of the draft Constitution.

 

Councillor Dr. Martin Cahn stated that the terms of reference of the Climate and Environment Advisory Committee in the new Constitution would have to be updated if Council agreed the proposed amendments later in the meeting. He explained that Constitutions had to be long to avoid ambiguity.

 

Councillor Tom Bygott stated that he could not support the Constitution as he opposed the Scheme of Planning Delegation. He expressed concern at the fact that only one page in the Constitution was dedicated to citizens’ rights and highlighted the section on citizen’s conduct.

 

Councillor Pippa Heylings welcomed the democratic provisions in the new Constitution which allowed public questions three days before the meeting, compared to seven days in the old Constitution. She expressed disappointment that not all councillors were supporting this.

 

Councillor Bridget Smith, Leader of Council, welcomed the new Constitution, which was written in plain English, complied with the new regulations on accessibility and was easier to navigate than the Constitution it replaced. She thanked the cross-party Constitution Review Task and Finish Group and the supporting officers for their efforts and expressed her disappointment that there was not unanimous support for it.

 

Councillor Dr Douglas de Lacey proposed and Councillor Dr Claire Daunton seconded the recommendations in the report, a vote was taken and were cast as follows:

 

In Favour (28): Councillors Philip Allen, Henry Batchelor, John Batchelor, Anna Bradnam, Dr. Martin Cahn, Nigel Cathcart, Dr. Claire Daunton, Dr. Douglas de Lacey, Claire Delderfield, Peter Fane, Neil Gough, Jose Hales, Bill Handley, Philippa Hart, Geoff Harvey, Dr. Tumi Hawkins, Pippa Heylings, Steve Hunt, Alex Malyon, Peter McDonald, Brian Milnes, Dawn Percival, Nick Sample, Bridget Smith, Hazel Smith, Dr. Aidan Van de Weyer, John Williams and Eileen Wilson.

 

Against (10): Councillors Ruth Betson, Dr. Shrobona Bhattacharya, Tom Bygott, Grenville Chamberlain, Graham Cone, Sue Ellington, Deborah Roberts, Bunty Waters, Heather Williams and Nick Wright.

 

Abstain (0)

 

Council RESOLVED to

 

A)       Adopt, subject to (B) below, the revised Constitution (Appendix B), Ethical Handbook (Appendix C), Public Speaking Scheme (Appendix D1) and Petitions Scheme (Appendix D2) with effect from 22 May 2020.

 

B)       Note that, for the conduct of virtual meetings, the Constitution may be superseded by the provisions of The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 and any revised Standing Orders agreed by the Council relating to virtual meetings.

 

C)       Authorise the Chief Executive, after consultation with the Chair of the Council, to make any further typographical or minor amendments to the Constitution prior to its publication.

Supporting documents: