Meeting documents

To consider a report by the Chief Executive.

The Council considered a report updating members on developments in relation to local government reorganisation (LGR).

The Chief Executive introduced the report which set out in summary the Structural Change Order (SCO) that would govern the transition to a new council.  There remained uncertainty around the timing of meetings of the Shadow Dorset Council as this was dependent on when the SCO was agreed.  The first meeting of the Council needed to be held within 14 days of the SCO being agreed and it was anticipated that this would take place before or on 20 June 2018.

In response to a question, the Leader explained that there would not be a requirement for political proportionality in making appointments to the Shadow Dorset Executive Committee, however, early indications suggested that appointments to a new Audit and Scrutiny Committee on this basis had been looked upon favourably.

Cllr David Jones set out his understanding that the Secretary of State did not have the power to make the Modification Orders, the reasons for which had been set out in a memorandum to Christchurch Borough Councillors.  He proposed the following amendment to the first recommendation that was seconded by Cllr Margaret Phipps:-

"Delete Recommendation(1) and insert

1a)       notes the steps taken but regrets the Secretary of State's ultra vires actions in       laying the Modification Regulations

1b)       notes the impending private application for Judicial Review of the Secretary of      State's actions and resolves to take a neutral stance in any hearing."

In seconding the amendment, Cllr Phipps expressed her view that to lay modification regulations with an SCO was outside of normal practice and that this Council should take a stance should there be a legal challenge.

Members were advised that the Monitoring Officers for the sovereign councils had received advice from the advisors to the Secretary of State who did not accept this view.  Officers were yet to see papers in respect of any Judicial Review proceedings and were therefore not in a position to advise on the stance to be taken in respect of such proceedings.  Delegated authority had already been given by the Council for the Monitoring Officer to provide this after consultation with the Leader and Chief Executive.

Upon being put to a vote the amendment was lost.

During the debate that followed, Cllr Jones noted that abstentions had not been requested during the vote on the above amendment.  The Chairman apologised for the oversight and a show of hands was requested in order to record the number of abstentions as being 7 members.

Members debated the report recommendations, commenting on the high number of county councillors on the Shadow Dorset Executive Committee as well as its potential political make-up. Members were advised that the number of County Councillor representatives had been specified as a late change by the Secretary of State in the SCO and had not been sought by the County Council. The governance arrangements were due to be discussed on 15 May 2018 and representatives from all political groups in the governance working group would be welcomed.

Resolved

1.   That the steps being taken in preparation for the formation of two new councils for Dorset, Bournemouth and Poole be noted;

2.   That the Leader be given delegated authority to appoint the 10 County Councillors to serve as members of the Dorset Shadow Executive Committee; and

3.   That the Chief Executive and the Monitoring Officer be given delegated authority, after consultation with the Leader, to respond to consultations on the content of consequential orders in connection with local government reorganisation.

Reason for Decisions

To enable the County Council to consider the steps being taken in preparation for LGR, to ensure that the appropriate delegations are in place to enable appointments to be made to the Shadow Dorset Executive Committee and to authorise officers to respond to consultations.