Agenda, decisions and minutes

Constitution Committee - Thursday 27 April 2023 10.00 am

Venue: Hackney Town Hall

Contact: Natalie Kokayi 

Items
No. Item

1.

Apologies For Absence

Minutes:

1.1   Apologies were received from Cllr Rathbone.

 

1.2.  Apologies were received from Cllr Gordon for late arrival.

2.

Declarations of Interest - Members to declare as appropriate

Minutes:

2.1  There were no declarations of interest.

3.

Consideration Of The Minutes Of The Previous Meeting pdf icon PDF 85 KB

Decision:

RESOLVED: That the minutes of the meeting held on 29 March 2023 be agreed as a true and accurate record of proceedings.

 

Minutes:

3.1  Councillors considered the previous minutes of the meeting held on 29

  March 2023.

 

RESOLVED: That the minutes of the meeting held on 29 March 2023 be agreed as a true and accurate record of proceedings subject to:

 

ACTION 4at 4.6, Appendix 4 (Standing Orders Relating to the Holding of Office) - officers to review provisions as discussed: This action remains outstanding and officers will update members via email.  

 

ACTION 5at 4.7, Appendix 5 (Rights to Access Information) - Officers to confirm via email to the committee that Member Services recirculated the link to Members about their role as Data Controllers.

 

 

4.

Constitution Review pdf icon PDF 81 KB

Please note Appendix 9 is to follow.

Additional documents:

Decision:

RESOLVED: To consider and provide comments/observations on the documents accompanying this report in Appendices 2 to 10 and that these comments/observations be considered by the Constitution Officer Working Group.

Minutes:

4.1  The Director of Legal and Democratic Services introduced the report and

noted that officers continued to work on the remaining sections of the

Constitution.  The primary focus of the Constitution Officer Working

Group (COWG) were those sections being presented to the Committee

today.  COWG also  worked on comments and suggested amendments

made at the last meeting. Officers were working to ensure the redrafted

Constitution met the timetable for adoption at the July 2023 Full Council.

 

4.2  Officers had worked with the Consultation and Engagement Team and

had shared the committee’s feedback and comments from the last

committee meeting.  Members provided observations to feed into the

consultation engagement as follows:

 

·  Consideration of focus groups for people already engaged with the council, such as petitioners, in relation to the Constitution

·  Consider inviting representative bodies for tenants and residents

·  Consider ward forums as one route for recruitment to focus groups

 

4.3  The Director of Legal and Democratic Services introduced updates for

  the Appendices as outlined below.

 

Appendix 1 - Constitution Draft Index

 

4.4  Councillors made the following comments and observations for

  consideration:

 

Points to note

·  It was proposed that links to the glossary are included the first time/always when an acronym is used

·  To consider not using acronyms in the Constitution

·  It was noted that any changes in-year to the Constitution are managed through a tracker which is maintained by the Director of Legal and Democratic Services.

 

ACTION 1: Officers to consider the points of note relating to the Draft Index raised by the committee.

 

ACTION 2: Officers to schedule a meeting of the Chair, Vice-chair, Head of Legal and Democratic Services and ICT to review the approach to accessibility, acronyms, and plain English requirements.

 

Appendix 2 - Budget and Policy Framework Rules

 

4.5  The Director of Legal and Democratic Services noted that amendments

  to the Rules were made to ensure the Council’s decision-making was

compliant with legislation and were not something that the committee

may, as a matter of principle, seek to amend.

 

Points of note

 

·  to consider including hyperlinks to the underlying legislation

·  To note the impartiality and independent function of Scrutiny Commissions and ensure this was clearly articulated.

·  Include links to the glossary that explain the Scrutiny functions, the Scrutiny Commissions, financial terms, and ‘in principle decisions’

 

Appendix 3 - Financial Procedure Rules

 

4.6  The Rules were reviewed by Finance and minor amendments made to

ensure they remained appropriate and consistent with the Council’s

Practice. It was proposed a link is provided to Section 114 of the Local

Government Finance Act 1988.

 

Appendix 4  - Contract Standing Orders

 

4.7  The rules have been reviewed by officers from Procurement to ensure

they remain appropriate  and consistent with council practices.

References to EU legislation were removed.  It was noted that Standing

Orders will be reviewed again once the Procurement Bill is enacted and

brought into force to ensure that the council standing orders are

compliant.  It was noted that hyperlinks to the glossary be considered

for all sections of the Constitution  ...  view the full minutes text for item 4.

5.

Any Other Business Which In The Opinion Of The Chair Is Urgent

Minutes:

5.1  The Director of Legal and Democratic Services noted that she proposes

  to write to Members of the Committee about a change in the  Constitution

relating to legislative changes relating to the Appointments Committee.

The Director will write to the Committee Members once the Elected

Mayor, Deputy Mayor Bramble and Deputy Mayor Nicholson have

confirmed they are content for the Director to progress this workstream.

 

Duration of the meeting: 10:01 - 11.19am