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Agenda item

Adoption of a New Constitution for the Council

Minutes:

Council received a deputation from Mr Philip Munday on behalf of the St Faiths & Emsworth Labour Party.

 

Cllr Bowerman introduced the item as the relevant Cabinet Lead and addressed the matters raised by Mr Munday in his deputation.

 

Cllr Bowerman proposed the recommendation to adopt the new Constitution with an effective date of 1 March 2021.

 

This recommendation was duly seconded by Cllr Rennie.

 

Cllr Francis proposed the following amendment to the recommendation:

 

“The new Constitution be adopted with an effective date of 1 March 2021, with the following amendment to Standing Order 57:

 

Councillors will be entitled to attend the confidential/exempt part of meetings of Committees, Sub Committees and public meetings of the Cabinet unless a resolution is passed (after consultation with the Monitoring Officer) to exclude the PRESS, the PUBLIC and COUNCILLORS.

 

In addition, they have a right to remain and have access to documents if they demonstrate that they have a," need to remain," as listed in S.O. 57.2.  Omit S.O.57.3, S.O. 57.4, S.O. 57.5 and S.O.57.6.”

 

Cllr Francis’ amendment was duly seconded by Cllr Hart.

 

In debating the amendment it was highlighted that Standing Order 57 had been considered carefully, as some exempt matters were legally privileged or commercially confidential in nature.  To protect members and the Council it was therefore important that a robust process existed to ensure that only those who had demonstrated a need to know were given access to such material or allowed to stay within the exempt part of a meeting where such material was discussed.

 

Whilst unable to support the amendment, several councillors sympathised with its sentiments.  Council noted that the Constitution was a live document and that the consideration and recommendation to Council of any changes fell within the Terms of reference of the Standards Committee

 

Following a vote, the amendment was declared LOST.

 

Council debated the substantive motion and in doing so commended the work of the Constitution Sub-Committee, Councillors, Bevan Brittan and the Head of Legal Services.  Councillors supported the new Constitution, although highlighted the change in deadline for the submission of questions to Council, which some members felt should be reviewed by the Standards Committee along with the wording for Standing Order 57.

 

Following a vote, it was RESOLVED that the new Constitution be adopted, with an effective date of 1 March 2021.

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