Agenda, decisions and minutes

Democratic Services Committee - Thursday, 7th July, 2022 10:00

Venue: remotely - via Microsoft Teams. View directions

Contact: Democratic Services 

Media

Items
No. Item

1.

Welcome

Minutes:

The Chairperson welcomed all present to the first meeting of the Committee in this new term.  He informed the Committee that he was delighted to be elected Chairperson at an exciting time for the Committee with the development of the new member referrals system, the implementation of the Local Government and Elections (Wales) Act and the appointment of new Members to serve on the Committee.  He stated that all matters relating to Democratic Services should be referred to the Head of Democratic Services who will devise a Forward Work Programme for the Committee.  

 

A member of the Committee asked whether an item could be placed on the Forward Work Programme to evaluate the Member Induction Programme, once the programme had been completed.  The Head of Democratic Services stated that she would include a look back on the Member Induction Programme as part of the Committee’s Forward Programme.    

 

2.

Declarations of Interests

To receive declarations of personal and prejudicial interest (if any) from Members/Officers in accordance with the provisions of the Members’ Code of Conduct adopted by the Council from 1 September 2008.

 

Decision:

None.

Minutes:

None.

3.

Approval of Minutes pdf icon PDF 258 KB

To receive for approval, the minutes of the 21/10/2021

 

Decision:

The minutes of a meeting of the Democratic Services Committee held on the 21 October 2021 were approved as a true and accurate record. 

 

Minutes:

RESOLVED:   That the minutes of the meeting of the Democratic Services Committee of 21 October 2021 were approved as a true and accurate record.  

4.

All Wales Model Constitution and Constitution Guide pdf icon PDF 483 KB

Additional documents:

Decision:

1.    The Committee considered the model constitution and accompanying guides and agreed in principle to them being presented to Cabinet and Council for approval and adoption.

2.    The Committee established a Working Group to consider in detail the Constitution and it be formed of the Chairperson of the Committee and Councillors M Hughes, RM James, R Smith and I Spiller.   

Minutes:

On behalf of the Monitoring Officer, the Group Manager Legal and Democratic Services reported for the Committee’s consideration the Model Constitution and accompanying guides. Section 37 of the Local Government Act 2000 required local authorities in Wales to have a written constitution, while Section 45 of the Local Government and Elections (Wales) Act 2021 (the Act) required principal councils to publish a constitution guide, explaining in ordinary language the content of the Council’s constitution.  She added that principal councils must also publish their constitution and constitution guide electronically and provide on request either free of charge or at a charge (representing no more than the cost of providing the copy).

 

The Group Manager Legal and Democratic Services informed the Committee that the All-Wales Monitoring Officers’ Group, via funding from the Welsh Local Government Association commissioned Browne Jacobson to draft a new model constitution and a model constitution guide due to provisions coming into force under the Act.  Each local authority has considered the new model constitution and it has become common place.  The style of the new constitution is more intelligible to the public, with less duplication.  She advised the Committee that whilst the new model contains detailed provisions, adopting the model constitution does not require all of those detailed provisions to be adopted and therefore following a local review by officers, some of the Council’s existing provisions have been retained in order to preserve continuity and retain the valuable work that has been done over the years in reviewing each part of the existing Constitution.

 

The Group Manager Legal and Democratic Services also reported on the constitution guide which was based on the Browne Jacobson model guide, which had been adapted to reflect Bridgend Council’s constitutional arrangements.  A beginner’s guide summarising all the provisions of the constitution was also highlighted for information. 

 

The Group Manager Legal and Democratic Services informed the Committee that the final constitution would require approval by Cabinet and Council and would be published on the Council’s website together with the accompanying  guides.

 

Members views are sought on any suggested changes and the Group Manager therefore proposed that the Committee consider  the establishment of a Working Group to consider the model constitution and accompanying guides. 

 

The Chairperson asked whether the model constitution had provision for the new hybrid ways of working.  The Group Manager Legal and Democratic Services stated that the Constitution makes reference to multi-location meetings and she reminded Members that Council has recently approved the Multi-locations Meetings Policy.  She also informed the Committee that the Act also introduces a requirement for the Council to have a Public Participation Strategy. 

 

The Head of Democratic Services recommended that those members of the Committee not sitting on the Working Group could also separately raise any views on the documents. 

 

RESOLVED:            1. That the Committee considered the model constitution and accompanying guides;

 

2. That the Committee established a Working Group to consider in detail the model constitution and accompanying guides and it be formed of the Chairperson of  ...  view the full minutes text for item 4.

5.

Urgent Items

To consider any item(s) of business in respect of which notice has been given in

accordance with Part 4 (paragraph 4) of the Council Procedure Rules and which the person presiding at the meeting is of the opinion should by reason of special circumstances be transacted at the meeting as a matter of urgency.

 

Decision:

There were no urgent items.

Minutes:

There were no urgent items.