Agenda item

To review the draft Constitution for the Dorset Council and provide comments as relevant so that the committee’s views can be taken into account by the Governance Working Group when it forms its final recommendations.

The committee considered a report with regard to work undertaken to draft a Constitution for the new Dorset Council.  A copy of the draft Constitution was provided for members’ consideration.  The draft Constitution had been developed with the Governance Working Group, which had agreed a number of principles to underpin the drafting of the various key parts of the Constitution.  The draft Constitution was still work in progress, being subject to continued consultation with members and officers.  The Governance Working Group would be meeting on 19 December 2018 to consider the comments from this committee and a member briefing and workshop to be held on 13 December.  In addition a proposed draft committee structure was provided to members

The Legal Services Manager (Dorset Councils Partnership) provided an overview of the key principles which had been used to develop the draft Constitution, which included the preference of the Governance Working Group for a lean and light approach, consistency in use of terminology in the document, size of committees, decision making reserved to Full Council, Executive and overview and scrutiny arrangements.

Members considered the issues arising from the presentation and the draft document and during discussion the following points were raised:

·                The Executive would be formed of the Leader and between 2 to 9 other members

·                The detail around area forums was still work in progress and would be developed by the new Council including how they linked with town and parish councils and other local area organisations

·                Relevant issues around emergencies and contingencies would be dealt with by the Executive or Full Council as appropriate and there was a need to consider officer delegations in this area with an appropriate reporting mechanism

·                The draft committee structure included a body for the scrutiny of health matters however it was recognised that there may be a joint committee for the whole of Dorset

·                A full discussion was held with regard to the proposed arrangements for area planning and a map of the proposed area boundaries was shown to members.  The Governance Working Group had considered a range of options and had concluded that the option presented provided the best way forward and fitted in with the overarching principle of having a lean and light structure.  A comment was made that it would be useful for members to see the background information and range of options considered and it was agreed that this information could be provided to members of the committee.  Various comments were made with regard to the size of the areas, with some feeling that the areas were too large and would take away from local decision making and a comment was made with regard to the large workload for these committees.  An alternative view was expressed that the areas should be kept as proposed so that the committees had a more strategic overview of issues in the Council and recognising the role that town and parish councils played in the planning process.  It was felt that these issues could be explored with members during the member briefing and workshop session to take place

·                It was expected that there would be a further review of the Constitution after a period of time

·                Members considered arrangements for consideration of matters relevant to Revenues and Benefits and joint arrangements would be included in the Constitution.  A point was noted that there was a proposal for a pan-Dorset arrangement

·                Area arrangements were work in progress and was another area that could be focused on at the member briefing and workshop

·                In response to a question it was noted that the work streams had been looking at the following themes – people, place, resources and health.  Place covered the regulatory work on the council including public realm

·                A comment was made with regard to the proposed size of the Staffing Committee (5 members) and whether due to the small membership, there would be issues with being quorate?  In response, it was not anticipated that the committee would sit very often but the point would be taken away and further considered

·                There were opportunities for all members to have a role in the proposed committee structure which included joint committees and panels, however a point was noted that some members felt excluded

·                In response to a question it was noted that decision making by individuals through the executive arrangements could be undertaken but that this could not apply to non-executive members.  Portfolio holders could establish engagement with other members or establish advisory panels but they could not delegate the power to take decisions to non-executive members

·                Consideration was given to the policies that would need to go to Full Council for approval and those that would not

·                A comment was made with regard to powers proposed to be given to the Monitoring Officer and a concern was expressed that the Monitoring Officer could have unilateral authority to change the Constitution without consultation.  It was noted that when this had been considered there was recognition that the Monitoring Officer shouldn’t have to go through a process for every change to the Constitution.  A suggestion was made that changes could be made in consultation with the Leader with the exception of where the Monitoring Officer was making changes in order to follow legal requirements.  This comment would be taken away for further consideration as to the wording to be included

·                A comment was made that there should be a review of the Constitution after a period of 12 months.  In response it was noted  that there could be recognition that a review would take place

·                Members considered the proposed arrangements for overview and scrutiny and the arrangements for the call-in process.  One view expressed was that the call-in process should sit with the Audit and Governance Committee and another view was that call-in should be undertaken by the 4 overview and scrutiny committees

·                Members noted the interim committee arrangements for the period from 1 April 2019 until the elections for the Dorset Council in May 2019