To consider a range of proposed amendments to the Council’s Constitution.

The Committee considered a report which set out proposed changes to the Council’s Constitution. The changes, which affected Parts A2, A4, A5, E2, H1, H3, H4, I3 and J3,  were set out in a schedule attached at Appendix A to the report.  Members were aware that any changes agreed by the Committee would need to be submitted to full Council for approval.

Members noted that the proposed amendments arose from the ongoing review and updating of the Constitution to ensure its accuracy, clarity and fitness for purpose.  In undertaking the review consultation had taken place with Directors together with the examination of relevant legislation.  In addition, Members had submitted comments and suggestions.  The review had also been informed by the consideration of recommendations made by external bodies which had had cause to comment on the Council’s processes or governance structures.

With regard to future annual reviews the meeting noted that it was proposed to introduce a more structured and formal process of consultation engaging with all senior officers, elected Members and key stake holders.

The Committee noted the proposed changes to the Procurement Procedure Rules which would need to be implemented to align them with the principles contained in the Constitution should the proposed amendments to Part I3 (Code of Procurement Governance) be approved by Council.  The meeting was aware that the Procurement Procedure Rules were maintained by the Procurement Team itself and did not form part of the Constitution.  The proposed changes to the Procurement Procedure Rules were set out at Appendix B to the Monitoring Officer’s report.

The Monitoring Officer then introduced his report.  He explained the background to the updating of the Constitution and how, at least once every 12 months, he undertook a focussed review of the Constitution to pick up any key issues that had emerged.

The meeting noted that the key issues highlighted for consideration in the current annual review had been those relating to the processes followed when considering proposals involving collaborative or joint working or procurement with external bodies such as other local authorities and health bodies.  The Monitoring Officer informed the meeting that, with regard to the proposed inclusion of a new paragraph 6 (6.1-6.5) in Part I3 he now also recommended the inclusion of an additional paragraph (paragraph 6.6) to those already listed.  The additional paragraph would require any partnership to have a formal mechanism and structure of governance to be set out in a written document.

A second specific area of focus in the review had been that of the provisions relating to Overview and Scrutiny and in particular, the mechanism by which matters were referred for consideration. However, the Monitoring Officer felt that this mechanism should be left unchanged and any matters dealt with through issuing greater clarity and additional advice and guidance to report writers by Democratic Services.  Members concurred with this approach.

The Monitoring Officer then responded to Members’ queries regarding shared service arrangements.  The Monitoring Officer stressed that the proposed new paragraph 6.4 in Part I3 was not a template for such arrangements but a list of guiding principles.  At the request of Members he then outlined the operational arrangements in place for LGSS Law Ltd as an illustration of how such organisations could work.  In response to a further query he also explained how, in drawing up the proposed changes, he had focused on the recent guidance issued by the Council’s external auditor (Ernst & Young LLP) and followed their recommendations closely.

In addition to the above, and although the content of Central Bedfordshire Council’s Constitution shared much in common with that of other councils, the Committee was advised that the layout and structure of the document departed from the model version followed by the vast majority of councils. Whilst this did not present any technical problems it was considered that consistency of layout would be beneficial and so authority was sought for the Monitoring Officer to order and format the Constitution in the standard form once the proposed changes to the Constitution had been approved by Council.  The reordered Constitution would then be submitted to a suitable meeting of the General Purposes Committee for consideration.

RESOLVED

that no action be taken to amend the provisions relating to Overview and Scrutiny and, in particular, the mechanism by which matters are referred for consideration.

RECOMMENDATION TO COUNCIL

1          that Council approve and adopt the changes to the Constitution as set out above and detailed in Appendix A to these minutes;

2          that Council approve the ordering and formatting of the Constitution in the standard form;

3          that Council authorise the Monitoring Officer to implement the changes and take any steps consequential, incidental or necessary to bring them into effect;

4          that Council note the proposed amendments to the Procurement Procedure Rules set out at Appendix B to these minutes.