Agenda item

Local Government and Housing Act 1989 - Review of the allocation of seats on Committees and Sub-Committees

(Notice - Approval of alternative arrangements for appointments to some Committees and Sub-Committees on a non-proportionate basis, is to be considered).

Minutes:

The Council considered a report which proposed the allocation of seats on Committees and Sub-Committees of the Council, having regard to political balance in accordance with the provisions of the Local Government and Housing Act, 1989.

 

The Council was also advised of adjustments necessary to reflect a best proportionate fit in accordance with the principles of proportionality, as set out within paragraph 25 of the report.

 

It was reported that following the dispatch of the agenda papers, a list of Political Group nominations for the appointment of Members to serve on Committees, Sub-Committees and Scrutiny Panelshad been tabled at the meeting, which outlined nominations received from Group Leaders.

 

The Council was also requested to make appointments and co?options to other Committees of the Council, not subject to the requirement for proportional balance.

 

Members noted that the proposed allocation of seats set out in the report, was based on:-

 

(i)    Proportionality being applied to the Committees/Sub-Committees shown in the table below based on the membership indicated:-

 

Committee/Sub-Committee

Size

 

 

Planning Committee

  11

Elections & Democratic Structures Committee

  11

Chief Officers Appointments Committee

  11

Awards, Grants and Transport (Appeals) Committee

    7

Audit Committee

    5

Chief Officer Appeals Committee

    5

Employee Relations Disputes Resolution Committee

    5

Chief Officers Investigatory Sub-Committee

    5

Total

  60

(ii)       Proportionality would not apply to the Overview and Scrutiny Management Committee, or the four Overview & Scrutiny Standing Panels, in order to maximise cross-party representation;

 

(iii)      The Licensing Committee, set up under the Licensing Act 2003, need not be politically proportionate.  However, in seeking nominations from Group Leaders onto these 14 seats, these had been sought in proportion to the overall composition on the Council.  The appointment of Licensing Sub-Committees to conduct hearings under Section 10 of the Licensing Act 2003 was a statutory function reserved by the Act to the statutory Licensing Committee.  Accordingly, it was a matter for the Licensing Committee to appoint these Sub-Committees and to schedule any required meetings; and

 

(iv)      Proportionality would not apply to the Health and Wellbeing Board in accordance with legislative requirements.

 

RESOLVED that

 

(1)      seats on Committees and Sub-Committees be allocated as set out in the table at paragraph 25 of the report, subject to the Labour Group losing one seat on each of the following Committees:-

 

·      Chief Officers Appeals Committee; and

 

·      Chief Officers Investigatory Sub-Committee

 

(2)      as a consequence of the loss of the 2 seats detailed at (1) above, the two seats be allocated to the two Independent Members, Councillors Nigel Cannings and John Cooke, as follows:-

 

(a)     Councillor Nigel Cannings

 

·      Chief Officers Investigatory Sub-Committee

 

(b)     Councillor John Cooke

 

·      Chief Officers Appeals Committee

 

(3)      the membership of Committees and Sub-Committees for 2019/20 including substitute provision in respect of the Chief Officers Appointments Committee, the Chief Officers Appeals Committee and the Employee Relations Disputes Resolution Committee, be as set out in the schedule attached to these minutes at Appendix A in accordance with the wishes of Political Groups;

 

(4)      it be noted that in appointing Members to the Audit Committee, in accordance with the Chartered Institute of Public Finance and Accountancy guidance, any Member appointed to Cabinet should not be a member of the Audit Committee;

 

(5)      the requirement to include an Executive Member on the Chief Officers Appointments Committee, be noted;

 

(6)      for the reasons referred to in paragraph 8(iii) of the report, the rules of proportionality do not apply to the Licensing Committee;

 

(7)      the membership of the Licensing Committee be as set out in the schedule attached to these minutes at Appendix A;

 

(8)      the membership of the Parish Councils’ Joint Consultative Committee and the Member Development Working Group, be as set out in the schedule attached to these minutes at Appendix A;

 

(9)      the membership of the Health & Wellbeing Board be as set out in the schedule attached to these minutes at Appendix A;

 

(10)   the appointments of John Hoare, as the Church of England representative, and Bernadette Nesbit, as the Roman Catholic representative, on the Children and Young People’s Overview and Scrutiny Panel and on the Overview and Scrutiny Management Committee where this is considering issues relating to education matters,be endorsed;

 

(11)   any appointments to the 2 outstanding Overview and Scrutiny Parent Governor Representative vacancies be determined by Overview and Scrutiny Management Committee during the course of the year;

 

(12)   future appointments made during the course of the year to any of the Overview and Scrutiny Co-opted Member vacancies be determined by the Overview and Scrutiny Management Committee;

 

(13)   the appointment of workforce representatives as non-voting invitees onto the Overview and Scrutiny Management Committee and the Standing Panels, as detailed at paragraphs 50 to 51 of the report, and as set out in the schedule attached to these minutes at Appendix A, be approved;

 

(14)   the Overview and Scrutiny Management Committee appoint, as necessary, any further non-voting invitees to its membership or the membership of the Standing Panels during the course of the year, should it deem necessary; and

 

(15)    the Council reaffirms that future reviews on the proportional allocation of seats on Committees and Sub-Committees, be limited to the Annual Meeting, and if appropriate, a mid-point in the year.

Supporting documents: