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ITEM NO. 3 REPORT TO: Councillor Councillor Malcolm King OBE (Lead Member for Policy, Finance, Performance & Governance) REPORT NO: HCCS / 158/ 12 DATE: 11 December 2012 LEAD OFFICER: Head of Corporate & Customer Services CONTACT OFFICER: Keith Lea (Tel: 292257) SUBJECT: Consultation Documents – 2013 Review of Parliamentary Boundaries, Annual Reports by Members and Joint Scrutiny Committees. WARD: All 1. PURPOSE OF THE REPORT To consider proposed responses to three consultation documents : Boundary Commission for Wales - 2013 Review of Parliamentary Constituencies – Revised Proposal Report Local Government Measure 2011 – Statutory Guidance in Relation to Annual Reports by Members of a Local Authority Local Government Measure 2011 – The Local Authority (Joint Overview and Scrutiny Committees) (Wales) Regulations 2012, Statutory Guidance on Joint Overview and Scrutiny Joint Overview Committees 2. EXECUTIVE SUMMARY 2.1 The authority is in receipt of the above consultation documents, with the deadline for responses being 18 December 2012 for the one relating to the review of parliamentary boundaries and 21 December 2012 for the other two. 2.2 A response to the original proposals of the Boundary Commission for Wales was agreed by the Executive Board at its meeting on 3 April 2012 (attached as Appendix 1). The Boundary Commission for Wales has stuck by its original proposal to use the constituency name “Wrexham Maelor” as opposed to “Wrexham”, despite the put forward that Wrexham Maelor has not existed since 1996 an the fact that the Assistant Commissioner’s recommendation to the Commission supported this Council’s argument. In addition, following responses from other authorities the Commission has now proposes to name constituency originally proposed as Glyndwr and North Powys as Denbigh and North Montgomeryshire. 1 2.3 The Commission has accepted our argument that it is more sensible for the Ruabon South Ward of the Ruabon South Electoral Division to be part of what is now called the Denbigh and North Montgomeryshire constituency. However the Commission has ignored this Council’s other argument that it would be more sensible to include Aberoer and Pentrebychan wards of the Ponciau Electoral Division within the Denbigh and North Montgomeryshire constituency as opposed to the Wrexham Maelor constituency. 2.4 It is suggested that a response is sent which reiterates the arguments put forward in the letter of 5 April 2012 in relation to the name of the “Wrexham Maelor ” constituency and the Aberoer and Pentrebychan wards of the Ponciau Electoral Division. 2.5 The Local Government (Wales) Measure 2011 requires that local authorities ensure that elected members are able to produce an annual report on their council activities during the previous year, however there is no requirement for a Member to do so. Statutory Guidance has now been received which outlines how local authorities should support Members in this process. It states that an authority must publish such reports, with the first round of annual reports being published no later than the end of June 2013. 2.6 There are no major issues relating to the guidance and therefore it is suggested that a response be sent supporting the proposals. A more detailed report in relation procedures , report format etc will be submitted to the Democratic Services Committee in January 2013. 2.7 Both Regulations and Statutory Guidance have been received in relation to the setting up joint scrutiny committees between local authorities. Up to now any such arrangement has had to be undertaken on an informal basis. The regulations now give a structure to such arrangements, given the increasing importance of collaboration and joint working. 2.8 There are a number of issues which need to be clarified and a proposed response is included as Appendix 2. 3. RECOMMENDATIONS (i) That the Authority reiterates the arguments relating to the name of the “Wrexham Maelor” constituency (ii) That the Authority fully supports the approach outlined in the Statutory Guidance relating to Annual Reports by Members (iii) That the Lead Member agrees the proposed response to the Regulations and Statutory Guidance as detailed in Appendix 2 (iv) That Officers be authorised to deal with this matter as an urgent item of business in accordance with Standing Order 43 (1) of the Council’s Standing Orders REASONS FOR RECOMMENDATIONS To enable the Council to make its views known to the Boundary Commission for Wales and the Welsh Government. To ensure that the Council’s response is submitted by the required deadlines 2 4.1 Policy Framework – The proposals would not affect the Council’s policy framework. 4.2 Budget – There are no specific implications 4.3 Legal – There are no specific implications 4.4 Staffing – There are no specific implications. 4.5 Equality/Human Rights – There are no specific implications 4.6 Risks – No risks have been identified 5. CONSULTATION 5.1 The consultation is being undertaken by the Boundary Commission for Wales in relation to parliamentary constituencies and Welsh Government in relation to member annual reports and joint scrutiny committees. 6. EVALUATION OF OPTIONS N/A BACKGROUND PAPERS LOCATION WEBSITE INFO. Regulations and Statutory Welsh Government http://wales.gov.uk/consu Guidance relating to joint scrutiny website ltations/localgovernment/j committees and Member annual ointoverview/?lang=en reports http://bcomm- Boundary Commission for Wales Boundary Commission wales.gov.uk/2013review for Wales website /revisedproposals/?lang= en 3 Appendix 1 Boundary Commission for Wales Caradog House 1-6 St Andrews Place Cardiff TC/JG CF10 3BE 5 April 2012 LL14 2EA Trevor Coxon 01978 292202 [email protected] Dear Sir I refer to your consultation letter and documentation dated January 2012 in respect of proposals to alter the boundaries to Parliamentary Constituencies in Wales. The issue has now been considered by my Council and I attach below Wrexham County Borough Council's formal response to the initial proposals detailed in the above consultation document as agreed by the Council's Executive Board : 1. This Council feels strongly that the proposed Wrexham Maelor constituency should be named the "Wrexham" constituency to reflect the name change to the area made in 1996 upon local government reorganisation. The consultation document makes clear that names of constituencies should predominantly take the name of the Unitary Authority or Unitary Authorities wholly or mainly contained in the constituency. The suggested "Wrexham Maelor" constituency is wholly in the County Borough of Wrexham and therefore should reflect that authority's title. The extension "Maelor" was a historic term for a former authority which was abolished in 1996. The Boundary Commission should not therefore perpetuate a name which is purely historical and bears no relationship to the current Unitary Authority name. 2. Taking full account of Rules 2 and 5 of the Criteria for reviewing Parliamentary constituencies makes clear that the aim is to get as close as possible to the UKEQ of 76,641 whilst maintaining local ties which should not be broken by changes to the constituencies. On the boundary of the proposed Glyndwr and North Powys Constituency with the Wrexham Maelor constituency a change can be made which will achieve better parity with the UKEQ whilst maintaining a local tie which would otherwise be broken by the Commission's current proposals. It is contended that the Aberoer and Pentrebychan Community Wards of the Ponciau Electoral Division of Wrexham County Borough be included in the Glyndwr and North Powys constituency with the remainder of that Electoral Division. In addition it is suggested that the Ruabon South Community Ward of the Penycae and Ruabon South Electoral Division be included in the Glyndwr and North Powys constituency with the remainder of that Electoral Division. Effecting this minor change will ensure that electoral divisions and the communities they serve will not be artificially split between parliamentary constituencies. 3. Further more, the overall effect to the proposed changes in 2. above would be to reduce the size of Wrexham Maelor Constituency from 78,353 to 76,718 and to increase Glyndwr and North Powys Constituency size from 74,554 to 76,189 a much closer match to the UK Electoral Quota of 76,641. It is felt that this is a much better electoral match than that proposed by the Electoral Commission in relation to the overriding Rule 2 of the Electoral Commission Guidance. It also better reflects Rule 5 which speaks of not breaking local ties. 4 Community / Ward Electoral Current Effect on Effect on Division electorate Wrexham Glyndwr & Maelor North Powys constituency constituency (78353) (74554) Aberoer & Pentrebychan Ponciau 591 -591 +591 Wards Esclusham (77762) (75145) Community Ruabon South Ward Penycae and 1044 -1044 +1044 Ruabon Community Ruabon South (77309) (75598) Totals 1635 -1635 +1635 (76718) (76189) This letter is a follow up to an e-mail sent to you on 4 April 2012. If you require any further information please do not hesitate to contact me. Yours sincerely Trevor Coxon Head of Corporate & Customer Services 5 Appendix 2 Regulations and Statutory Guidance relating to Joint Scrutiny Committees A. The Local Authority (Joint Overview and Scrutiny Committees) (Wales) Regulations 2012 Regulation 4 – Joint Overview & Scrutiny Committee Arrangements There is no specific mention in either the regulations or the guidance as to what a size a quorum should be. Is this to be left to the discretion of the participating authorities when defining the working arrangements of the committee ? Regulation 7 - Proceedings The regulation specifies that the Chair of a joint scrutiny committee is eligible for a remuneration equal to the chair of any other scrutiny committee for his/her particular authority. It is assumed that, if that member already receives a senior salary he/she will not receive any additional remuneration. However if a member is appointed as chair of a joint scrutiny committee and does not currently receive a senior salary then such a salary will need to be paid.
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