Liberal Democrat group report to constitution committee meeting January 11 th 2010

Questions and petitions at Cabinet meetings

At a previous meeting of the constitution committee a suggestion was made from the Liberal Democrat group that public and member questions should be allowed at cabinet meetings.

The constitution committee agreed to consider the proposal and asked the Liberal Democrat members to bring back a written report detailing proposals to introduce public and member questions at cabinet.

Questions at meetings of cabinet are currently well-supported in councils of all political control. County Council is currently out-of-line with all of its district and councils, all of which allow questions at cabinet meetings (executive meetings, ).

The six local councils have slightly different detailed protocols on the asking of questions.

For example, Forest of Dean has only recently introduced questions at cabinet, and have agreed a protocol with a 30 minute time period at the beginning of cabinet meetings.

Gloucester City council allows members of the public to ask questions without giving notice of their attendance at the meeting.

The issue of notice which members of the public must give in advance is one dealt with differently amongst councils. Council asks for notice of questions by 5pm on the working day before the cabinet meeting.

We do not believe there is likely to be any controversy over the principle of allowing questions and presentation of petitions to cabinet meetings. This is consistent with good Local Government generally and will reflect well in the presentation of how the council operates.

The Liberal Democrat group is content with being flexible in the detail of how to apply the constitutional rules for questions at cabinet and meet the concerns of the Conservative administration on this issue. We would be content with questioners being required to give their name and address / Liberal Democrat group report to constitution committee meeting January 11 th 2010 contact details prior to presenting a question, as this does suggest some degree of responsibility being taken by the questioner.

The questions should be about matters, in which the cabinet has responsibility or matters affecting the well being of the county. We would also be pleased to take advice from Legal Services as to the exact wording to apply.

For your information, we would like to attach below copies of two sections of council protocols which may be of interest.

Tewkesbury Borough council has a scheme of participation in the questions which specifically sets out reference to business or voluntary organisations in the area who could present a question from a representative.

A copy below is of the rules, which apply to cabinet meetings in Council, as these show a strong commitment to open local government and are more open than most other councils.

Recommendation

1. 30 minutes be set aside to allow public and member questions, and the presenting of petitions at cabinet meetings. 2. The questioner should be a resident of Gloucestershire. 3. Questions will be taken in the order that notification has been received by democratic services. 4. Questions should relate to matters that cabinet are responsible for or matters which affect the wellbeing of the county. 5. The constitution Committee asks the Monitoring Officer to draw up amendments to the constitution to enable these proposals, for debate and decision at the next full council. 6. The Monitoring Officer consult with lead members on the changes proposed, before submission to council.

Liberal Democrat group report to constitution committee meeting January 11 th 2010

Tewkesbury Borough Council constitution:

PART IV - SCHEME FOR PUBLIC PARTICIPATION AT COUNCIL AND OTHER MEETINGS

“ 82.7 Who can use the Scheme?

The Scheme is open to any resident of the Borough of Tewkesbury who must be present at the meeting at which the Petition, Question, Statement or Deputation is presented.

This Scheme is also open to a representative of a business or voluntary organisation operating in the Borough of Tewkesbury, provided that the representative is present at the meeting at which the Petition, Question, Statement or Deputation is presented. “

South Gloucestershire Council:

PROCEDURES RULES FOR PUBLIC PARTICIPATION AT COUNCIL AND OTHER MEETINGS

GENERAL

The Council is democratically elected by the people of South Gloucestershire to serve the whole community.

The Council encourages all residents to participate in local affairs and democracy. The Council will give everyone (whether individuals or local organisations) the opportunity to tell councillors directly at meetings about things that concern them and to contribute their views on matters under discussion.

All issues raised by the public under this scheme will be given careful consideration.

While it will not be possible in every case to resolve an issue to the satisfaction of everyone, the Council is committed to a process that ensures that all views are considered fairly.

The Cabinet: responsible for leading the development of the Council’s policy framework and for all decision-making on executive functions. The opportunities for participation are:- Liberal Democrat group report to constitution committee meeting January 11 th 2010

• TO PRESENT A PETITION on any matter on the meeting agenda or relating to the Council’s responsibilities and services or on matters of community interest or concern.

(No prior notice required, but see J4).

• TO MAKE A STATEMENT expressing views about a matter on the meeting agenda or relating to the Council’s responsibilities and services or on matters of community interest or concern.

(No prior notice required, but see J4).

• TO CONTRIBUTE VIEWS on matters under discussion during the course of the meeting (at the discretion of the chair of the meeting).

(No prior notice required, but see J4).

• TO ASK A QUESTION of the Leader of the Council, or of an executive councillor on any matter relating to their responsibilities or in relation to matters of broader community interest or concern.

(No prior notice required, but see J4).

J4 PERIOD OF NOTICE

In most cases, no prior notice is necessary prior to attending the meeting.

However, it is often helpful to a person wishing to present a petition, make a statement or ask a question if they contact (by telephone, e-mail, fax or letter) the committee administrator for the meeting in advance of the day of the meeting. This will enable any appropriate advice and assistance to be given and for officers to make any necessary arrangements in liaison with the chair of the meeting so that the fullest possible opportunity can be given for participation. A person asking a question should give at least one clear working day’s notice for there to be the possibility of an answer being available at the meeting.