Issue - meetings

To receive the Constitution Updates report.

Contact: Samantha Lawton, Service Director Legal & Commissioning (Monitoring Officer).

To receive the Constitution Updates report.

Contact: Samantha Lawton, Service Director Legal and Commissioning (Monitoring Officer)

RESOLVED –

1.    That the Monitoring Officer delegations in Appendix A be noted.

2.    That the suggested amendments to the following areas set out at paragraph 2 be recommended to Council:-

· Councillor Safeguarding protocol

· Council procedure rules

· Protocol for Public Speaking at Planning Committee

· Responsibility for Non- Executive functions - CGA – Terms of Reference · Responsibility for Non-Executive functions - Appeals Panel – Terms of Reference

3.    That the work of the cross-party Constitution Working Group be noted

4.    That it be noted that the Constitution has been subject to a review and no amendments other than those set out below are required at this time.

5.    That the amendments to the Constitution be noted and recommended to Council for approval.

The Committee received a report which highlighted the suggested amendments to the Constitution and that it be recommended to Council. It was essential that the Constitution was subject to regular review, and where necessary, amended, to ensure it followed any legal requirements placed on the Council and that it was fit for purpose.

The Committee noted that –

·       Appendix A of the report summarised the Monitoring Officers amendments under delegation

·       Appendix B of the report included a comprehensive rewrite of the Safeguarding Protocol

·       Appendix C of the report covered amendments to Council Procedure Rules

·       Appendix D of the report outlined the minor changes to the Protocol for speaking at Planning Committees

·       Appendix E of the report included the Corporate Governance and Aduit Committee Terms of Reference.

The Committee noted that amendments had been made in relation to the removal of its oversight of Local Government Ombudsman matters. Updated national guidance confirmed that such matters were to be reported to Cabinet and Scrutiny instead. However, a reference had been retained to allow Cabinet to refer issues back to the Corporate Governance and Audit Committee where appropriate.

During discussions, the Committee raised issues around Council motions and the growing volume of businesses related to the West Yorkshire Combined Authority (WYCA), in particular, bus franchising and rail reform, and the need for Members to be fully engaged.  The Committee noted the benefits of pre?decision scrutiny for both Kirklees and WYCA matters, and the possible need to review scrutiny structures in the future, taking into account the outcome of the local elections and avoiding placing additional pressure on the Overview and Scrutiny Management Committee, who already had an extensive workload.

The Committee also highlighted the challenges in ensuring information from WYCA meetings was shared consistently.

RESOLVED –

1.    That the Monitoring Officer delegations in Appendix A be noted.

2.    That the suggested amendments to the following areas set out at paragraph 2 of the report, be recommended to Council:-

· Councillor Safeguarding protocol

· Council procedure rules

· Protocol for Public Speaking at Planning Committee

· Responsibility for Non-Executive functions - CGA – Terms of Reference

· Responsibility for Non-Executive functions - Appeals Panel – Terms of Reference

3.    That the work of the cross-party Constitution Working Group be noted.

4.    That it be noted that the Constitution has been subject to a review and no amendments other than those set out below are required at this time.

5.    That the amendments to the Constitution be noted and recommended to Council for approval.