Agenda item


Constitutional Changes

Report of Director Law and Governance

 

Purpose of report

 

To consider proposals for changes to the Constitution for dealing with motions and written questions at Full Council and to the terms of reference of the Appeals Panel. 

 

Recommendations

            

The meeting is recommended:

 

 1.1        To adopt the proposals to amend the Constitution as outlined in the report.

 

1.2         To delegate authority to the Director Law and Governance to amend the Constitution to reflect these changes.

 

Decision:

Resolved

 

(1)          That the amendments to the Constitution as outlined in the annex to the Minutes (as set out in the Minute Book) be approved.  

 

(2)          That authority be delegated to the Director Law and Governance to amend the Constitution to reflect these changes.

 

Minutes:

The Director Law and Governance submitted a report which sought consideration of proposals for changes to the Constitution for dealing with motions and written questions at Full Council and to the terms of reference of the Appeals Panel. 

 

Councillor Copeland proposed six amendments, which were duly seconded by  Councillor Woodcock.

 

Recommended Change

Proposed Amendment

 

Section 3.1

 

(c)  At the moment there is little guidance in the Constitution with regard to the nature of Motions. The Constitution should be amended so that it states Motions should also not be vexatious, frivolous and must be factually accurate to align with the standard wording in many constitutions at other local authorities.

 

 

Amendment 1

 

Replace section 3.1(c) with the following:

 

(c) At the moment there is little guidance in the Constitution with regard to the nature of Motions. The Constitution should be amended so that it states Motions should also not be unlawful, defamatory and must be factually accurate to align with the standard wording in many constitutions at other local authorities in Oxfordshire. Where a motion is refused on these grounds it will be returned to the councillor who submitted it along with an explanation in writing about why it cannot be published in its current form.

 

 

Section 3.1

 

(d)  A word limit of 250 words be applied to motions.

 

 

Amendment 2

 

Replace section 3.1(d) with the following:

 

(d) A word limit of 650 words be applied to motions.

 

 

N/A

 

Amendment 3

 

The following should be inserted at Section 3.1:

 

(e) Points of reference to support a motion should be allowed where required and these should be excluded from the word count.  This should be in the form of a clickable link to be included in the online version of the agenda and/or a footnote list of references cited in the motion. 

 

 

Section 3.3

 

It is proposed that amendments should be received by 12 noon on the second working day before the Council meeting to enable them to be reviewed. Amendments will then be published on the afternoon of the working day before the meeting. In practice this is likely to be a Friday afternoon. Amendments will continue to be considered in the order submitted.

 

 

Amendment 4

 

Delete section 3.3 in its entirety

 

Section 3.4

 

Any amendment must not take the original motion over 250 words and not amount to a direct negative or nullify the original Motion.

 

 

 

 

 

Amendment 5

 

Replace section 3.4 with the following:

 

Any amendment must not take the original motion over 1000 words and not amount to a direct negative or nullify the original Motion.

 

 

Section 3.6

 

It is proposed to change the deadline for the receipt of written questions to noon on the eighth working day before Council (to align it with the receipt of Motions and enable written questions to be published with the agenda). A written response would be published on the afternoon of the working day before the meeting. 

 

 

Amendment 6

 

Delete section 3.6 in its entirety

 

Council debated the proposed amendments.

 

In the course of the debate, Councillor Copeland requested that a recorded vote be taken separately on each of the amendments. Councillor Middleton seconded the proposal.

 

Having been proposed and seconded, a separate recorded vote on each amendment was duly taken. Members voted as follows:

 

                                         Amendment

 

One

Two

Three

Four

Five

Six

Councillor Andrew Beere

For

For

For

For

For

For

Councillor Nathan Bignell

Against

Against

Against

Against

Against

Against

Councillor Maurice Billington

Against

Against

Against

Against

Against

Against

Councillor John Broad

For

For

For

For

For

For

Councillor Hugo Brown

Against

Against

Against

Against

Against

Against

Councillor Phil Chapman

Against

Against

Against

Against

Against

Against

Councillor Mark Cherry

For

For

For

For

For

For

Councillor Colin Clarke

Against

Against

Against

Against

Against

Against

Councillor Conrad Copeland

For

For

For

For

For

For

Councillor Ian Corkin

Against

Against

Against

Against

Against

Against

Councillor Nick Cotter

For

For

For

For

For

For

Councillor Surinder Dhesi

For

For

For

For

For

For

Councillor John Donaldson

Against

Against

Against

Against

Against

Against

Councillor Sean Gaul

Against

Against

Against

Against

Against

Against

Councillor Carmen Griffiths

Against

Against

Against

Against

Against

Against

Councillor Timothy Hallchurch MBE

Against

Against

Against

Against

Against

Against

Councillor Simon Holland

Against

Against

Against

Against

Against

Against

Councillor David Hughes

Against

Against

Against

Against

Against

Against

Councillor Shaida Hussain

For

For

For

For

For

For

Councillor Tony Ilott

Against

Against

Against

Against

Against

Against

Councillor Mike Kerford-Byrnes

Against

Against

Against

Against

Against

Against

Councillor James Macnamara

Against

Against

Against

Against

Against

Against

Councillor Kieron Mallon

Against

Against

Against

Against

Against

Against

Councillor Nick Mawer

Against

Against

Against

Against

Against

Against

Councillor Andrew McHugh

Against

Against

Against

Against

Against

Against

Councillor Ian Middleton

For

For

For

For

For

For

Councillor Perran Moon

For

For

For

For

For

For

Councillor Richard Mould

Against

Against

Against

Against

Against

Against

Councillor Cassi Perry

For

For

For

For

For

For

Councillor Lynn Pratt

Against

Against

Against

Against

Against

Against

Councillor George Reynolds

Against

Against

Against

Against

Against

Against

Councillor Barry Richards

For

For

For

For

For

For

Councillor Les Sibley

Abstain

Abstain

Abstain

Abstain

Abstain

Abstain

Councillor Katherine Tyson

For

For

For

For

For

For

Councillor Tom Wallis

Against

Against

Against

Against

Against

Against

Councillor Douglas Webb

Against

Against

Against

Against

Against

Against

Councillor Fraser Webster

For

For

For

For

For

For

Councillor Bryn Williams

Against

Against

Against

Against

Against

Against

Councillor Barry Wood

Against

Against

Against

Against

Against

Against

Councillor Sean Woodcock

For

For

For

For

For

For

 

The Chairman confirmed that each of the six amendments had fallen with 14 members voting in favour, 26 against and no abstentions on each separate vote for each amendment.

 

The amendments having been lost, Council debated the report and recommendations as submitted.

 

In the course of the debate, Councillor Hallchurch proposed that consideration of the item be deferred to allow for the Overview and Scrutiny Committee to consider the proposed changes. Councillor Tyson seconded the motion. The  motion was subsequently withdrawn and therefore not voted on.

 

Resolved

 

(1)           That the amendments to the Constitution as outlined in the annex to the Minutes (as set out in the Minute Book) be approved. 

 

(2)           That authority be delegated to the Director Law and Governance to amend the Constitution to reflect these changes.

 

Supporting documents: