Agenda item

To consider a joint report of the Chief Executive and Monitoring Officer

To consider the report deferred at the Council Meeting held on 20 December 2012.

Officer contact: Craig Ainsworth on 0161 474 3204 or e mail: craig.ainsworth@stockport.gov.uk

 The Working Party considered a report (copies of which had been circulated) on Changes to the Constitution which had been deferred at the Council Meeting held on 20 December 2012.

The following comments were made/issues raised:-

•           Executive Question Time (paragraph 5.9 of the report)

A Member felt that the proposed procedure for Executive Question Time was too complicated and that it was preferable for responses to questions to Executive Councillors to be given immediately. In addition, it may be difficult to differentiate between the pre-amble to the question, a question and a comment. The new procedure could present difficulties for the Mayor at Council Meetings.

•           CP 3 Protocol on Councillor/Officer Relations – paragraph 98 ‘Political Assistants’

With regard to paragraph 98 of CP3 ‘Protocol on Councillor/Officer Relations’ ‘Political Assistants are to be given the same level of access to Council documents as that afforded to members’, a Member proposed that it be amended to afford Political Assistants the same level of access to Council documents as Group Leaders.

•           Appendix 2 to the report: Guidance on Publicity for Council Officers in the Pre-Election Period

A Member suggested that an additional paragraph be included in Appendix 2: Guidance on Publicity for Council Officers in the Pre-Election Period’ in order to clarify that individuals involved in the election could attend any Council Committee or event organised by the Council in relation to ward matters.

•           PR7 Access to Information Procedure Rules – paragraph 15 ‘General Exception’

A Member suggested that paragraph 15 (b) ‘General Exception’ of the Access to Information Procedure Rules be amended so that all Members of the Scrutiny Committee be advised of the matter in relation to which a decision is to be made.

•           PR 7 Access to Information Procedure Rules – paragraph 16 ‘Special Urgency’

A Member suggested that if there was no Chair of a relevant Scrutiny Committee, or if the Chair of each relevant Scrutiny Committee is unable to act, then the agreement of the Vice Chair should be sought.

The Monitoring Officer advised that the law provided for the agreement of the Mayor, or in his absence the Deputy Mayor, if there was no Chair of a Scrutiny Committee or s/he was unable to act.

•           PR 7 Access to Information Procedure Rules – paragraph 21.3.1 ‘Members of Scrutiny Committees to have access to documents’

A Member suggested that the last sentence of this paragraph be amended so that documents should be provided within 3 days but no later than 5 days after the request is received.

The Democratic Services Manager reported that the regulations provided for documents to be provided within a maximum of 10 days.

•           PR 7 Access to Information Procedure Rules – paragraph 21.3.3 ‘Members of Scrutiny Committees to have access to documents’

A Member suggested that the written statement should also include a list of who possessed the information and that individual cases be referred to the Monitoring Officer.

It was then

RESOLVED – (1) That the procedure for Executive Question Time as detailed in paragraph 5.9 of the report remain as recommended at the last meeting of the Working Party and reviewed in twelve months’ time.

(2) That paragraph 98 of CP3 ‘Protocol on Councillor/Officer Relations’ be amended to read as follows:-

Political Assistants are to be given the same level of access to Council documents as that afforded to members. Group Leaders are permitted to share Council documents containing exempt or confidential information with Political Assistants.

(3) That the Guidance on Publicity for Council Officers in the Pre-Election Period’ be amended by the inclusion of the following additional paragraph:-

‘This guidance does not in any way prevent individuals involved in the election from attending any Council Committee or event organised by the Council in relation to ward matters’,

and the second bullet point under RED:STOP being amended to read:-

‘Individuals involved in the election should not be invited to events organised by the Council that will attract significant public or media interest, and which are taking place in the pre-election period as they cannot be held at any other time, unless the Monitoring Officer and/or the Chief Executive determine otherwise. These requests should be determined on an individual basis’.

(4) That paragraph 15 (b) ‘General Exception’ of the Access to Information Procedure Rules be amended to read:-

‘The Proper Officer has informed each member of the relevant Scrutiny Committee by notice in writing, of the matter in relation to which a decision is to be made, including reasons why compliance with the requirement to provide at least 28 clear days notice was not practical in that case; ‘

(5) That the last paragraph in 16 ‘Special Urgency’ of the Access to Information Procedure Rules be amended to read:-

‘As soon as practicable after agreement has been obtained, a notice must be published to all members of the relevant Scrutiny Committee and made available to the public at the Town Hall and on the Council website, setting out the reasons for urgency and why the decision cannot reasonably be deferred’.

(6) That the last line of paragraph 21.1 of the Access to Information Procedure Rules  ‘Members of Scrutiny Committees to have access to documents’ be amended to read as follows:-

‘The documents must be provided as soon as practicable, usually within three working days but no later than five working days after the request is received’.

(7) That the last line of paragraph 21.3 of the Access to Information Procedure Rules ‘Members of Scrutiny Committees to have access to documents’ be amended to read as follows:-

‘Where the Executive determines that a member of a Scrutiny Committee is not entitled to a copy of a document or part of a document that has been requested for the reasons set out in 21.2 above, the Executive must provide each member of the relevant Scrutiny Committee with a written statement as soon as practicable, setting out its reasons for that decision.

Any member of that Scrutiny Committee can require the Monitoring Officer to attend the next meeting of the relevant Scrutiny Committee to explain their reasons for refusing to supply a copy of the information requested’.