10
Council received and considered the Monitoring Officer's report which proposed a number of amendments to the Constitution regarding Motions on Notice.
Councillor Williamson commented that in his opinion the report should have been taken to the Constitution Working Party ahead of the meeting in order for the constitution process to be followed. The Monitoring Officer advised that it was her responsibility as Monitoring Officer for the efficient running of business tot he Council and the Constitution and in light of previous business that had been taken to Council it had been necessary to bring the report forward for consideration.
Councillor Smith-Clare raised concern that he would not be able to represent his residents appropriately if time was limited or opportunities removed and he commented that he felt this would remove the openness of the Council.
Councillor Wainwright proposed and amendment to the recommendations that the item be referred back to Constitution Working Party for consideration, this amendment was then seconded.
Councillor C M Walker raised further concern as to the report not being taken to the Constitution Working Party and stated that her in her opinion the correct procedure should have been followed. The Chief Executive Officer reminded Members that the Constitution Working Group were not a decision making group and could therefore only make recommendations to Council.
Councillor Myers commented that he would support the proposal to take this back the Constitution Working Party prior to consideration by Council to provide an opportunity for the changes to be fully discussed and explained.
Councillor Robinson Payne and Martin both commented and reiterated the concerns that had been raised with regard to the proposals and both felt that Members should be given the free right of speech.
A recorded vote was now taken on the amendment to refer the item back to the Constitution Working Party as follows :-
For the amendment :
Councillors Borg, Cordiner-Achenbach, Fairhead, Jeal, Martin, Myers, Robinson-Payne, Scott-Greenard, Smith-Clare, Talbot, Wainwright, B Walker, C Walker, C M Walker, Waters-Bunnn, Williamson, B Wright and T Wright.
Against the motion :-
Councillors Annison, Bensly, Bird, Cameron, Candon, G Carpenter, P Carpenter, Flaxman-Taylor, Freeman, Galer, Grant, Hacon, D Hammond, P Hammond, Lawn,Mogford, Plant,Smith, Stenhouse, Thompson and Wells.
The amendment was LOST.
Councillor Candon commented that in his opinion the amendments were being proposed to ensure the smooth running of Council business.
Councillor Wainwright commented that he could not support the recommendations en bloc as he felt that some of the proposals would see a backward step in the encouraging of public attendance at Council meetings. Councillor Cordiner-Achenbach reiterated concerns that had been raised.
Councillor Williamson commented that he felt the proposals if approved would exclude any Independent Members being able to submit or speak on a motion. Councillor Talbot agreed with Councillor Williamson's comments and stated that she felt if the proposals were approved there would be no voice for Independent Members.
The Chief Executive Officer suggested that recommendation 4.1.2 within the Monitoring Officer's report be removed and confirmed that recommendation 4.1.3 would see Members able to speak for 25 minutes on a Motion.
Councillor Plant proposed that recommendation 4.1.2 be removed from consideration and this proposal was seconded.
Clarification was sought as to the length of time available for debate if proposals were approved and it was advised that 20 minutes would be given for debating.
RESOLVED :
That the following be approved:-
(1) Motions on notice should be heard towards the end of a Council meeting, just before ‘Any Other Business’
(2) Debate on any single motion on notice, including amendments thereto shall be restricted to 20 mins, after which the Mayor shall move to a vote
(3) Any speech in support of or against a motion on notice or in support of or against an amendment thereto shall be restricted to 3 minutes.
(4) An Amendment to a motion must be relevant to the motion, and may either be:
(i) to refer the matter to an appropriate body or individual for consideration or reconsideration;
(ii) to leave out words (but not whole sentences);
(iii) to leave out words (but not whole sentences) and insert or add words (but not whole sentences); or (iv) to insert or add words (but not whole sentences)
provided that the effect of (i) to (iv) is not to negate the motion, substantially change or replace the motion or bring a new subject matter before Council. (NB – a member may not move as an amendment the insertion or deletion of the word “not”)
(5) Save for budget meetings and the exceptions in Rule (d), amendments to recommendations or motions set out in the Council Agenda for a meeting shall only be put forward if they have been delivered in writing to Democratic Services by noon on the day preceding the meeting (or 9.00 am in the case of the Annual Meeting) for the purpose of checking compliance with rule (a). If the Monitoring Officer finds the proposed amendment does not comply with rule (a) the amendment shall not be put forward.
(6) The exceptions to Rule (b) are:
- Technical amendments may be moved to correct arithmetical, factual or grammatical errors or to improve the clarity of a motion or recommendation.
- Where the Monitoring Officer finds an amendment to be compliant with rule (a) the Mayor shall have discretion to permit late amendments from members when satisfied that the need for the amendment could not have been anticipated before the deadline. The Mayor should also be satisfied that advance notice of such amendments was given as soon as reasonably practical, and not left to the day of the meeting unless this was unavoidable.
(7) Only one amendment may be moved and discussed at any one time. No further amendment may be moved until the amendment under discussion has been disposed of.
(8) If an amendment is not carried, other amendments to the original motion may be moved.
(9) If an amendment is carried, the motion as amended takes the place of the original motion. This becomes the substantive motion to which any further amendments are moved.
(10) After an amendment has been carried, the Mayor will read out the amended motion before accepting any further amendments, or if there are none, put it to the vote.
(11) The Constitution be amended by the following insertion at 31.13.6 (h)
“When an amendment is first proposed, the Mayor will ask whether any member wishes to speak on the original motion, and provided there is no applicable restriction on the duration of the debate or the number of speakers, will hear those members speak in relation to the original motion before the motion to amend is put to the floor.”
CARRIED
A Member hereby advised of the Constitution article 27.2 which detailed Changes to the Constitution will only be approved by the full Council after consideration of the proposal by the Monitoring Officer and the Constitutional Working Party and it was therefore advised that the vote that had just taken place be revoked and that this matter would be taken back to the Constitution Working Party for consideration first.