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Members of the Constitutional Sub To: All Members of the Constitutional Sub Committee Professor Steven Broomhead Chief Executive Town Hall Councillors: Sankey Street Chair – C Fitzsimmons Warrington WA1 1UH B Axcell, J Joyce, B Maher, P Kennedy Constitution Sub Committee Date: Monday, 18 April 2016 Time: 14:00 Venue: Tea Room, Town Hall, Sankey Street, Warrington, WA1 1UH Contact Adam Kellock, Democratic & Member Services, Tel: 01925 442144, Email: [email protected] AGENDA Part 1 Items during the consideration of which the meeting is expected to be open to members of the public (including the press) subject to any statutory right of exclusion. 1 Apologies To record any apologies received. 2 Code of Conduct - Declarations of Interest Relevant Authorities (Disclosable Pecuniary Interests) Regulation 2012 Members are reminded of their responsibility to declare any disclosable pecuniary or non-pecuniary interest which they have in any item of business on the agenda no later than when the item is reached. 3 Minutes 3 - 4 To confirm the minutes of the meeting held on 27 January 2016. 4 Member Code of Conduct 5 - 20 Report of the Solicitor to the Council and Assistant Director of Corporate Governance. 1 5 Constitutional Amendments - Health Scrutiny 21 - 24 Report of the Solicitor to the Council and Assistant Director of Corporate Governance. 6 Civic Handbook 2016/17 25 - 66 Report of the Head of Democratic and Member Services. 7 Licensing Update Verbal Update from the Solicitor to the Council and Assistant Director of Corporate Governance. Part 2 Items of a “confidential or other special nature” during which it is likely that the meeting will not be open to the public and press as there would be a disclosure of exempt information as defined in Section 100I of the Local Government Act 1972. Nil. If you would like this information provided in another language or format, including large print, Braille, audio or British Sign Language, please call 01925 443322 or ask at the reception desk in Contact Warrington, Horsemarket Street, Warrington 2 Agenda Item 3 Constitution Sub Committee 27 January 2016 Present: Councillors B Axcell, C Fitzsimmons (Chair), J Joyce, P Kennedy and B Maher CSC 1 Apologies Nil CSC 2 Code of Conduct – Declarations of Interest There were no declarations of interest received. CSC 3 Minutes The Minutes of the meeting held on 8 April 2015 were signed and agreed as a correct record. CSC 4 Review of the Constitution 2016/17 The Solicitor to the Council presented a report outlining the following items to be discussed relating to the annual review of the Constitution. Health Scrutiny Committee Role of Scrutiny Call in protocols Questions at Council, including written questions Correspondence at Council meetings. Members of the Sub Committee debated in detail the various aspects of the report and the appendix to the report which outlined the constitutional practice in Liverpool, Sefton, Trafford and Stockport Councils. Recommendation (1) That the Sub Committee recommend to the Annual Meeting of the Council the following amendments to the Constitution: a) Call In Protocol – the number of Councillors required to call a decision in be reduced to three members. Those members should not be on the Scrutiny Committee or Executive Board. b) The Scrutiny Committee should focus on the budgetary process and not on the budget itself. c) Questions on notice from Councillors should be no more than two per Councillor together with one supplementary per question. Questions should not be abusive or defamatory. Written responses may be provided in advance of the meeting. d) Further consideration be given by the Sub Committee to specific powers relating to the Section 151 Officer in the signing off of loans/bonds. 3 Agenda Item 3 e) Correspondence at Council Meetings – Council should still ‘note’ correspondence not debate it. Include an additional sentence to allow any issues relating to the matter to be discussed with the Chief Executive outside of the meeting. f) Health Scrutiny – further review of this matter. CSC 5 Date and Time of Next Meeting 18 April 2016 at 2.00pm Signed ………….…………………. Dated……………………………… 4 Agenda Item 4 WARRINGTON BOROUGH COUNCIL CONSTITUTION SUB COMMITTEE – 18 APRIL 2016 Report of the: Solicitor to the Council and Assistant Director Corporate Governance Report Author: Timothy Date, Solicitor to the Council and Assistant Director Corporate Governance Contact Details: Email Address: Telephone: [email protected] 01925 442150 Ward Members: TITLE OF REPORT : MEMBER CODE OF CONDUCT 1. PURPOSE OF REPORT 1.1 To invite the Constitution Sub Committee to consider amendments to the Code of Conduct for members. 2. INTRODUCTION AND BACKGROUND 2.1 At its meeting on 10th September 2012 the Council adopted a Code of Conduct for members pursuant to the provisions of the Localism Act 2011(the 2011 Act). For ease of reference a copy of the Code then adopted is attached to this present report as Appendix 1. 2.2 Members will recall that the 2011 Act did not set out a model Code of Conduct as had previously been the case under the Local Government Act 2000. The 2011 Act merely requires local authorities to secure that any Code adopted is consistent with the following principles – Selflessness Integrity Objectivity Accountability Openness Honesty Leadership 2.3 Those principles are collectively known as the ‘Nolan Principles of Standards in Public Life’ and are recited in Section A of the Code entitled ‘General Obligations’. 5 Agenda Item 4 4.4 At its meeting of 25th January 2016 the Standards Committee considered the need to revise the Code of Conduct. As indicated in paragraph 11 below the Standards Committee was supportive of the proposed revisions to the Code. Given that any change to the Code requires a change to the Constitution it is necessary for this Sub-Committee to consider the matter as well. 3. REGISTRATION OF INTERESTS 3.1 One of the principal requirements of the 2011 Act is that members should record their pecuniary interests in a register which the Council is required to make publicly available. 3.2 The specific registration requirements are referred to in Part B of the adopted Code set out in Appendix 1. 3.3 Whilst the Council has no discretion about the arrangements to be made in respect of pecuniary interests the position is quite different in respect of other, non-pecuniary interests. 3.4 So far as non-pecuniary interests are concerned a Council must secure that its Code of Conduct includes provisions the Council considers appropriate in respect of the registration and disclosure of interests other than pecuniary interests. 4. THE POSITION IN WARRINGTON 4.1 The document attached at Appendix 2 is the form which members are required to complete to comply with the statutory requirements in respect of pecuniary interests and certain other non-pecuniary interests. 4.2 For the avoidance of doubt sections 1-7 are those specific interests which members and their spouses and partners must complete under the 2011 Act. 4.3 The penultimate page of the form, headed “Other Interests” requires members to register those other, non-pecuniary, interests upon which the 2011 Act is silent. 4.4 Review of the existing Code has disclosed a potential ambiguity which needs to be addressed. 4.5 The ambiguity lies in the heading to Section B of the current code and the two lines of text immediately following it. The text in question states that “Registration and Declaration of Interest shall be made in accordance with the Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012”. 4.6 The difficulty is that the registration and declaration requirements in respect of pecuniary interests are absolutely clear. Failure to register and properly declare such interests will constitute a criminal offence under The 2011 Act. 4.7 In so far as non-pecuniary interests are concerned, although the registration requirements are explicit from the form members are required to complete (see Appendix 2) the Code is silent upon members’ obligations in respect of declaring 6 Agenda Item 4 such interests at relevant meetings. 4.8 Consequently, it is recommended that if a member has a non-pecuniary interest of the type identified in the “Other Interests” part of the registration form that the Code be amended to provide members with some direction upon how to act at meetings when such interests arise. In that respect there are two broad options available. 4.9 The first more restrictive option would be a requirement preventing members from participating in any discussion of, vote on, or discharge of any function related to any matter in which there is non pecuniary interest unless a dispensation has been granted. In other words, non-pecuniary interests would be treated in the same way as pecuniary interests. 4.10 The alternative would be a less restrictive requirement requiring members to always declare non-pecuniary interests at relevant meetings but leaving it to the member’s discretion whether to participate in any discussion on the matter. 4.11 In choosing between these two options the Committee may wish to consider the approach taken by other neighbouring local authorities. 4.12 Halton’s Code of Conduct is similar to Warrington’s in that it has a category of interest it describes as “other disclosable interests” in the same way as Warrington. The Halton Code requires, specifically, that where such an interest arises the member must not vote on the matter and may only speak on the matter if members of the public are allowed to speak at the meeting. 4.13 Cheshire West and Chester have a requirement in relation to what they describe as “outside body interests”. Again, such interests are similar to what is described as “Other Interests” in the Warrington Code.
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