Agenda item

Report of Director of Law and Governance and Monitoring Officer

Purpose of report

To consider and endorse the process for the 2021 annual review of the Constitution, including the establishment of an informal cross-party Constitution Review Working Group. 

Recommendations

The meeting is recommended:

1.1      To endorse the process for the 2021 annual review of the Constitution.

1.2      To agree the establishment of an informal cross-party Constitution Review working group comprising 5 Conservative members, 2 Labour members, 1 Progressive Oxfordshire member and 1 Independent Group member to work to the operating principles as set out at paragraph 3.7.

Resolved

(1)       That the process for the 2021 annual review of the Constitution be endorsed.

(2)       That the establishment of a cross-party Constitution Review working group be agreed.

(3)       That the Director Law and Governance be requested to liaise with Political Group Leaders to agree the practical steps and process for the review.

The Committee considered a report from the Director of Law and Governance and Monitoring Officer regarding the process for the 2021 annual review of the Constitution.

The Constitution was last reviewed in 2020, and one of the conclusions agreed by Full Council at its meeting on 14 December 2020 was that an annual review should be undertaken in autumn each year, with the Overview and Scrutiny Committee making recommendations to Council on any proposed changes.

The report as set out proposed an approach to the 2021 review, including the establishment of an informal cross-party working group, comprising 5 Conservative members, 2 Labour members, 1 Progressive Oxfordshire and 1 Independent Group member.

Councillor Perran Moon advised the Committee that following careful consideration and discussion within the Group, the Labour Group would not participate in the 2021 review if the working group was established as proposed. The reason for the Labour Group’s decision was because the 2020 review process had resulted in one third of recommendations that had cross-party agreement at the working group stage, when considered by the Overview and Scrutiny Committee resulting in different recommendations going forward to Full Council and unless the working group was changed would not take part.

Councillor John Broad echoed the comments of Councillor Moon with regards to the changes made by the Overview & Scrutiny Committee to  recommendations of the working group, and advised that the Progressive Oxfordshire Group would also not take part in the 2021 review if the working group was constituted in the same way.

Noting the comments put forward on behalf of the two Groups the Director of Law and Governance and Monitoring Officer advised the Committee that there was a legal responsibility for the Constitution to be kept under review to ensure it remains fit for purpose. The preferred way of doing so would be via discussions with a cross party working group. If the Committee did not resolve to establish a working group as set out in the report, it would still be possible for the legal requirement to be met via an officer led process, but this was not the preferred approach. The Director of Law and Governance and Monitoring Officer reminded the Committee that Full Council was the body responsible for adopting and changing the Council’s Constitution and any changes would therefore need to be agreed by Full Council.

The Chairman of the Committee explained that he would like to move forward with a consensus view from Committee and establish the working group as set out.

The Director of Law and Governance and Monitoring Officer advised the Committee that as well as establishing the working group, she would be willing to liaise with Political Group Leaders to agree the practical steps and process for the review to allay their concerns arising from the 2020 review.

It was proposed by Councillor Tom Wallis and seconded by Councillor Sandy Dallimore that the recommendations as set out in the report be approved, with an additional recommendation reflecting the suggestion from the Director of Law and Governance and Monitoring Officer regarding liaising with Political Group Leaders about the 2021 review process.

In the course of debate it was proposed by Councillor Perran Moon and seconded by Councillor Matt Hodgson that a recorded vote be taken. Having been proposed and seconded, a recorded vote was duly taken and Members voted as follows:

Councillor John Broad                 For

Councillor Matt Hodgson              Against

Councillor Perran Moon               Against

Councillor Douglas Webb            For    

Councillor Mike Bishop                For

Councillor Sandy Dallimore          For

Councillor Adam Nell                   For

Councillor David Hughes              For

Councillor Tom Wallis                  For 

Resolved

(1)        That the process for the 2021 annual review of the Constitution be endorsed.

(2)        That the establishment of a cross-party Constitution Review working group be agreed.

(3)        That the Director Law and Governance be requested to liaise with Political Group Leaders to agree the practical steps and process for the review.