To receive apologies for absence.

Apologies for absence were received from Councillors Maurice Jones and  David Lawrence.

To elect the Chairman of the Advisory Group for the 2010-11 Municipal Year.

Councillor Male was duly elected Chairman for the 2010/11 municipal year.

Following his election, the Chairman indicated that he proposed to vary the order of the agenda by bringing forward item 10 to follow item 5, to facilitate officer attendance.

To consider the notes of the previous meeting held on 1 April 2010.

Attached.

The notes of the meeting held on 1 April 2010 were approved as a correct record and signed by the Chairman.

To receive a presentation from the Deputy Chief Executive and Director of Children’s Services on recent changes in legislation relating to the Children and Young People’s Plan and the duty relating to child poverty.

Documentation attached

The Deputy Chief Executive and Director of Children’s Services gave a presentation on recent changes in the legislation relating to the Children and Young People’s Plan and the duty relating to child poverty.

Members’ attention was drawn to the published statutory guidance on co-operation arrangements, including the Children’s Trust Board and the Children and Young People’s Plan.

Recent changes had significantly  increased the number of bodies represented on the Children’s Trust Board but comments were made indicating that it would not be advisable to have a smaller executive group to make meetings more manageable. An observation was made that dividing the Board into more than one group could lead to  people feeling disconnected from discussions and decisions taken at meetings they did not attend.  It was suggested that the newly-formed Government might in due course re-consider whether it was helpful to require the additional representation.

The Advisory Group considered whether the full Children and Young People’s Plan should be submitted to full Council or only the part of it which was the responsibility of the Council. During discussion the Group’s preference for the full Plan to be put before Council emerged, together with clarification as to which parts were for Council’s approval and which had been provided by partners and were for noting. The Children and Young People’s Plan would therefore remain as a statutory Plan  in the Council’s  Policy Framework (part B2 of the Constitution refers).

The Group noted the Chief Executive’s reported view that the Annual Report of the Children’s Trust and the Local Safeguarding Children Board should be brought before all members of the Council, possibly by way of a briefing to all Councillors. A suggestion was made that it could be submitted to Overview and Scrutiny Committee. The Group agreed to suggest this course of action to the Chief Executive.

Members noted that the Council was required to publish a Child Poverty Strategy by March 2011. The Group considered that it would be appropriate for this to be considered at an early developmental stage by the Overview and Scrutiny Committee and that after partners had also provided input, it should be taken before the Overview and Scrutiny Committee again.

AGREED

1.                  that no change is needed to the Policy Framework in respect of the Children and Young People’s Plan;

2.                  to suggest to the Chief Executive that the Annual Report of the Children’s Trust Board and the Local Safeguarding Children Board should be submitted to the relevant Overview and Scrutiny Committee;

3.                  that the Child Poverty Strategy should be prepared as a draft by the Economic Wellbeing sub group of the Children’s Trust, then go to the Lead Member for comment, then the Overview and Scrutiny Committee, then the Children’s Trust, then Local Strategic Partnership, then to the Overview and Scrutiny Committee again, and then to the Executive.

To propose an amendment to the Constitution to remove the Joint Consultative and Negotiating Committee for Primary and Secondary Education as a subsidiary body of the General Purposes Committee.

Report of the Director of Customer and Shared Services attached.

The Constitution Advisory Group considered a proposal to remove the Joint Consultative and Negotiating Committee for Primary and Secondary Education (JCNC) as a subsidiary body of the General Purposes Committee. It was noted that a number of working parties were already in place which worked effectively. It was noted that the intention was to remove the additional tier represented by the JCNC thus streamlining the processes and leading to increased efficiency.

It was noted that the submitted report together with the recommendations arising from this Group’s deliberations would be before General Purposes Committee when it met on 3 June 2010. Members concurred that if the General Purposes Committee did not endorse the proposals, the recommendation proposed to be made to Council would not be submitted.

RECOMMENDED TO COUNCIL

that subject to the endorsement of General Purposes Committee, the Council’s Constitution be amended at Part  E2 section 7.1.5 and section 10 to remove the Joint Consultative and Negotiating Committee for Primary and Secondary Education (JCNC) as a subsidiary body of the General Purposes Committee.

NOTE: The General Purposes Committee met on 3 June 2010 and whilst supporting the recommendation to Council, proposed that another structure be put in the JCNC’s place with specific meeting requirements. This proposal would have implications requiring amendments to the Constitution. As these amendments had not been before the Constitution Advisory Group for consideration, with the agreement of the Chairman of the Constitution Advisory Group and the Chairman of General Purposes Committee, the recommendation will not be submitted to Council on 24 June 2010 (see the paragraph above) and the matter will be referred to the next meeting of the Constitution Advisory Group for further consideration.

To note a revision and a proposed revision to the Scheme of Officer Delegations approved by the Leader of the Council.

Report of the Head of Democratic Services to attached.

The Advisory Group noted the changes to the Constitution authorised under her powers by the Leader of the Council (detailed in the Constitution at paragraph 3 of the Executive Procedure Rules) as set out below.

·        that the Director of Children’s Services be responsible for the administration and planning of the 14-19 Commissioning process including the administration and allocation of funding to commissioned post-16 Education and Skills providers in accordance with the functions transferred from the Learning and Skills Council to the Local Authority.

It was also noted that the Leader was shortly expected to approve the following correction:

·        that the reference in the Director of Children’s Services Delegated powers in 4.4.2 is to the whole of Section 18 of the Children Act 2004 and not only to Section 1.

(Note: The Leader authorised this amendment on 2 June 2010.)

AGREED

that the revisions to the Scheme of Executive Functions Delegated to Officers approved by the Leader, be noted.

To consider the aspects of consultation which are already covered in the Council’s Communication Strategy, Community Engagement Strategy and Consultation Toolkit (to be developed in 2010) and to consider whether the Constitution Advisory Group recommends having a separate strategy.

Report of the Assistant Director, Communications attached.

The Group recalled that at its last meeting consideration had been given to the Council’s Policy Framework and  further information had been requested about the Council’s strategic approach to consultation.

The Group considered the current arrangements for consultation and whether a single document was needed to encompass the Council’s approach to consultation. Comments were made that the current arrangements were sufficient, and that the Community Engagement Strategy provided clear guidance about consultation.

In view of these comments it was agreed that the reference in the Council’s Policy Framework (part B2 of the Constitution refers) to a Consultation Strategy should be deleted.

RECOMMENDED TO COUNCIL

That the words “Consultation Strategy” in the  Constitution at part B2 The Budget and Policy Framework, section 1.1.3.8, be removed.

To consider this matter which was deferred from the last meeting (item no.  CAG/09/53 of the notes refers).

Report of the Assistant Director, Development Management attached.

The Group recalled that this matter had been deferred from the last meeting to enable professional advice to be given on the matter by an officer.

The Group noted that at the Town and Parish Conference on 4 November 2009  a question was asked about time limits for speakers at meetings. Research had been carried out which had established that Central Bedfordshire’s arrangements were in line with best practice.

Members noted the advice of the officer at the meeting. Comments were made that the Chairman of Development Management Committee had the ability to use his discretion to allow a speaker to exceed the time allowed in the published public participation scheme, and that from time to time the current Chairman chose to do so.

AGREED

1.                  to propose no changes to the Constitution on the public speaking arrangements at Development Management Committee;

2.                  to draw to the attention of each successive Chairman of the Development Management Committee their ability as Chairman to vary the amount of time during which a speaker may address the Committee;

3.                  to ensure that the terms of the public participation scheme are clear to members of the public.

To consider amending Delegation No. 4.3.95.1 to require Councillors requesting the referral of an item to Development Management Committee to provide a material planning reason for the request.

Report of the Assistant Director, Development Management attached.

The Advisory Group considered a report proposing that the Constitution be amended to require the planning reason(s) to be provided when a ward member called-in an application to Development Management Committee. It was noted that Members tended to do so but currently there was no requirement for this stated in the Constitution. Providing the reason(s) enabled Members to have regard to it/them when considering the matter.

RECOMMENDED TO COUNCIL

that Part H section 4.3.95.1 of the Constitution be amended by the insertion of the words “ and supported by the planning reason(s)” after the words “on an agreed proforma” to require that the planning reason(s) be provided in writing when a ward member calls-in a planning application to be considered by Development Management Committee.

To consider amendments to the Constitution to incorporate new statutory provisions relating to Petitions and e-Petitions.

Report of the Head of Democratic Services attached

The Group considered a report of the Head of Democratic Services recommending to Council the approval of a Petitions Scheme and amendment of the Constitution to comply with the Local Democracy, Economic Development and Construction Act 2009.

The report set out the current arrangements for petitions received by the Council and matters for consideration arising from the new legislation. It was noted that the current petitions scheme had been drafted in view of the legislation proposed at the time.

Members considered each matter relating to the proposed required petition scheme and debated the pertinent issues. Clarification was provided where possible on the Council’s Committee Management’s facility to handle electronic petitions. It was suggested that piloting the proposed e-petition arrangements would enable them to be reviewed where needed.

AGREED

1.                  that the threshold for signatories for general petitions under the scheme should be 10;

2.                  that the threshold for petitions which must be debated at a full Council meeting should be 0.5% of the population of the Council’s area (approximately 1,250 signatories);

3.                  that the threshold for petitions requiring senior officers to give evidence should be 0.25% of the population of the Council’s area  (approximately 600);

4.                  that the threshold for signatories for an e-petition should be 100;

5.                  that under the Council’s petitions scheme lead petitioners be permitted a maximum of 5 minutes to present their petition to Executive or Council, and 3 minutes at other meetings, and that the provision for speaking under the Public Participation Scheme remain unchanged;

6.                  that the term “reviewing the adequacy of the response to the petition” is clarified as meaning reviewing the steps taken by the Council to process the petition;

7.                  that the timescale within which the lead petitioner must submit a request for a review by an overview and scrutiny committee should initially  be 5 working days, and that this be reviewed in 12 months time.

RECOMMENDED TO COUNCIL

1.                  that the Chief Executive and all the Directors be nominated as the “senior officers” who will be subject to the requirement to give evidence at a meeting of the relevant Overview and Scrutiny Committee in response to a petition;

2.                  that the Council’s e-petitions facility, subject to satisfactory testing, be introduced with effect from 1 October 2010 or earlier;

3.                  that the Public Petitions Scheme as set out at Appendix A to these minutes be approved;

4.                  that the consequential amendments to Parts A4 and D2 of the Constitution as set out at Appendix B and Appendix C  to these minutes be approved.

To receive the work programme for the Advisory Group.

Attached.

The Group received and noted its programme of work.

It was noted that the item for the July meeting “Review of non-statutory non-executive committees and their roles” related to non-statutory bodies which the Council was not required to have.

To note that the next meeting of the Advisory Group will be held on Thursday 29 July 2010 commencing at 2:00pm in Room 13,  Priory House, Chicksands.

It was noted that the next meeting would be held on 29 July 2010 starting at 2.00pm in Room 13, Priory House, Chicksands.

The meeting concluded at 4.35pm.

Chairman……………………………………………..

Date…………………………………………………..