10
Under reference to paragraph 2 of the minute of the meeting of the Moray Council dated 25 March 2020 a report by the Depute Chief Executive (Education, Communities and Organisational Development) asked the Council to review the decision making arrangements put in place due to COVID-19 social distancing requirements.
Councillor Leadbitter stated that discussions had taken place with the political groups and the Sounding Board in regard to the proposals and that there was broad support for the Licensing Committee and Licensing Board to continue to meet as separate entities but back to back.
In regard to the options outlined in the report he stated that whilst there was a lot of agreement across the different political groups, some differences remained and on behalf of the SNP Group he moved that the Council agree:
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to continue to hold meetings through video conference and webcast with a view to holding meetings with a combination of physical presence, webcast and video conference when technology and social distancing restrictions permit. |
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that the suspension on committees is lifted and that, other than the statutory/ad hoc committees detailed in recommendation 2.3 as outlined at 3 below: |
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i) |
the June cycle of committee meetings is cancelled |
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ii) |
a simplified committee structure is put in place from 2 September |
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iii) |
the Emergency Cabinet continues to meet as required until this date |
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For following statutory/ad-hoc committees |
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that meetings of the Planning and Regulatory Services committee resume on the date of the next scheduled meeting, noting that these will revert to the previous Development Management Scheme of Delegation (agreed on 29 January 2019); |
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that Licensing Board and Licensing Committee meetings are held back to back, with the existing committee and board membership and chairing arrangements retained; |
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that meetings of the Audit & Scrutiny Committee will be reconvened with a view to meeting quarterly, subject to the availability of sufficient business to be considered by the committee; |
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note that the Local Review Body and Appeal Committees will continue to meet on their normal cycle, subject to suspension of site visits for LRB, and |
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that other ad hoc committees will be convened as required. |
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that the main committee structure is temporarily simplified using Option from Appendix 2, which is Full Council + 2 committees and that: |
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14 councillors will sit on each Committee with political balance arrangements as per the currently suspended committees of 14; |
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These committees will cover the remits of the Depute Chief Executive Roles |
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Group Leaders will notify Committee Services of their representatives on these committees ; |
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The Administration Group will appoint a Chair to each of the 2 Committees and notify Committee Services and other Group Leaders, and |
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External representatives who are normally present at Communities and Children & Young People’s Services Committees will be consulted on how their interests can be best represented on the consolidated committees and a proposal on this aspect will be brought to the Emergency Cabinet. |
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to retain meetings of the Police and Fire committee subject to discussion with partner authorities over their frequency; |
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to continue delegation to Chief Exec agreed by the Council on 25 March(paragraph 2 of minute refers) for lower risk business (judged in terms of strategic importance, legal, financial, reputational and political considerations) , to exercise the delegated authority given to him in para 5 (7) of the Council’s Scheme of Delegation (to take such executive actions as may be deemed necessary in the discharge of the Authority’s functions) without the requirement for homologation, using membership of the Emergency Cabinet as a sounding board where appropriate; |
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to trial an alternative system for information and consider/note reports as detailed in paragraph 4.9.4 of the report; |
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to review these arrangements on or before 24 February 2021, taking account of the phased progress of the Scottish Government’s Covid-19 Route map, officer capacity to support committees and other relevant public health and workplace advice. |
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Councillor Morrison seconded the motion.
Councillor Ross stated that he was not wholly in favour of this and referred to the previous consideration of this matter earlier in the year. He referred to paragraph 4.2 of the report and stated that he was of the opinion that a normal committee cycle is resumed and should there not be enough business for a particular committee then that committee could be cancelled. In terms of the length of meetings he questioned how long the combined meetings would last, stating as an example the last meeting of the Children and Young People’s Service Committee which had had to be reconvened the following day to get through the business.
He stated that it was the view of the Moray Alliance Group (MAG) that the Council resume the normal committee cycle. Should there be an issue in terms of producing reports for a committee or there isn’t sufficient business, then the committee does not meet. He referred to staff returning to schools in August and stated that in his opinion as Councillors, they should set a good example by returning to the committee cycle and moved as an amendment that the council return to the normal committee cycle.
Councillor Edwards seconded the amendment.
Councillor Eagle stated that whilst he had some sympathy with Councillor Ross, it was important during the pandemic to allow officers to get on with what they are good at. In referring to the Children and Young People’s Services Committee he noted that a large element of the papers for that committee were consider and note papers and within the proposals was a way to deal with those differently which would significantly reduce the quantity of reports going to committee.
He referred to the constructive debate with the Group Leaders and thanked them for that and for the most part the Conservative Group agree with Option 3 as a way forward. He was pleased to see the addition of the Audit and Scrutiny Committee as this provided an additional element of scrutiny which is important in any governance model. In terms of the membership, he stated that he disagreed with the motion’s suggestion of 14 and that the Conservative Group were suggesting 9 for a variety of reasons, in particular there were benefits to holding meetings within the Council Chamber and should the Council be able to return to that it would be easier to socially distance on a smaller number. Whilst he appreciated the point of allowing more members to be involved, in addition to the 2 larger committees, there will be the quasi-judicial committees as well as a few others so there is a range of options that will allow members to be involved.
He referred to the continuation of the Chief Executive’s delegated powers as the Conservative Group are of the opinion that with a new governance programme back in place there are plenty of options and abilities for the Chief Executive to bring those areas that he had extended to him to committee for members to take a decision on. Should there be a further lockdown then it would be possible for those powers to be granted back to him. In regard to the timing of the committee cycle, he stated that other than the first meeting of the new Economic, Environment and Finance Committee which could be postponed, he would wish the cycle to remain as shown in the diary previously circulated. He further stated that he would wish to see a 3 monthly review of the programme. Thereafter he moved as a further amendment that the council agree:
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to continue to hold meetings through video conference and webcast with a view to holding meetings with a combination of physical presence, webcast and video conference when technology and social distancing restrictions permit. |
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2. |
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that the suspension on committees is lifted and that, other than the statutory/ad hoc committees detailed in recommendation 2.3 as outlined at 3 below: |
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i) |
the June cycle of committee meetings is cancelled; |
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ii) |
a simplified committee structure is put in place as soon as possible following the July recess; |
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iii) |
the Emergency Cabinet continues to meet as required until this date |
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For following statutory/ad hoc committees; |
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i) |
that meetings of the Planning and Regulatory Services committee resume on the date of the next scheduled meeting, noting that these will revert to the previous Development Management Scheme of Delegation (agreed on 29 January 2019); |
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ii) |
that Licensing Board and Licensing Committee meetings are held together, as detailed in para 4.4.3 of the report and that the nine councillors on the Board double up as Licensing Committee members; |
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iii) |
note that the Local Review Body and Appeal Committees will continue to meet on their normal cycle, subject to suspension of site visits for LRB, and |
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that other ad hoc committees will be convened as required. |
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that the main committee structure is temporarily simplified agreeing Option 3 from Appendix 2, with the addition of the return of the Audit and Scrutiny Committee and agree the meeting management suggestions within that Appendix: |
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that the committees will be made up of 9 elected members, 3 SNP, 3 Conservative and 3 Other |
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to retain meetings of the Police and Fire committee subject to discussion with partner authorities over their frequency; |
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to rescind delegation to Chief Exec agreed by the Council on 25 March(paragraph 2 of minute refers); |
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to trial an alternative system for information and consider/note reports as detailed in paragraph 4.9.4 of the report |
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to review these arrangements every 3 months. |
Councillor Feaver
seconded the Amendment.
Following further
discussion Councillor Alexander stated that whilst he was happy to accept a
review date of on or before 24 February 2021, he asked whether there was a
mechanism for members to insist a review be brought back before the 24 February
and would be happier if that was possible.
In response the Head of
Governance, Strategy and Performance advised that this could be done by the
submission of a Notice of Motion to one of the Emergency Cabinet meetings
following the summer recess.
Councillor Alexander
stated that he was satisfied with this response.
Councillor Leadbitter
stated that he was comfortable with the point raised by Councillor Alexander as
there were likely to be changes albeit it won’t be known what they are or when
they will happen and by the Council meeting in September there should be a
clearer picture of where we are and what a reasonable timescale would be.
Therefore the response given by the Head of Governance, Strategy and
Performance is a reasonable way forward and he was happy for this to be
minuted.
Thereafter in terms of
Standing Order 63(c), there being a Motion and two Amendments, a vote was taken
between the first and second Amendment as follows:
On a division there
voted:
For the 1st Amendment (4) |
Councillors Ross, Edwards, Divers and Wilson |
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For the 2nd Amendment (12) |
Councillors Eagle, Feaver, Alexander, Allan, Brown, Cowe, Cowie, Creswell, Gatt, Macrae, M McLean and Powell. |
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Abstentions (9) |
Councillors Morrison, Leadbitter, Bremner, Coy, Laing, A McLean, Taylor and Warren. |
Accordingl the 2nd Amendment became the finding of the meeting and a vote was taken between the Motion and the 2nd Amendment.
On the division there voted:
For the Motion (14) |
Councillors Leadbitter, Morrison, Alexander, Bremner, Coull, Cowe, Cowie, Coy, Creswell, Divers, Laint, A McLean, Taylor and Warren. |
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For the Amendment (10) |
Councillors Eagle, Feaber, Allan, Brown, Gatt, Macrae, M McLean, Powell, Ross and Wilson |
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Abstentions (1) |
Councillor Edwards |
Accordingly the motion became the finding of the meeting and the Council agreed:
1. |
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to continue to hold meetings through video conference and webcast with a view to holding meetings with a combination of physical presence, webcast and video conference when technology and social distancing restrictions permit. |
|
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|
2. |
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that the suspension on committees is lifted and that, other than the statutory/ad hoc committees detailed in recommendation 2.3 as outlined at 3 below: |
|
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|
i) |
the June cycle of committee meetings is cancelled |
|
|
|
|
ii) |
a simplified committee structure is put in place from 2 September |
|
|
|
|
iii) |
the Emergency Cabinet continues to meet as required until this date |
|
|
|
3. |
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For following statutory/ad-hoc committees |
|
|
|
|
i) |
that meetings of the Planning and Regulatory Services committee resume on the date of the next scheduled meeting, noting that these will revert to the previous Development Management Scheme of Delegation (agreed on 29 January 2019); |
|
|
|
|
ii) |
that Licensing Board and Licensing Committee meetings are held back to back, with the existing committee and board membership and chairing arrangements retained; |
|
|
|
|
iii) |
that meetings of the Audit & Scrutiny Committee will be reconvened with a view to meeting quarterly, subject to the availability of sufficient business to be considered by the committee; |
|
|
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|
iv) |
note that the Local Review Body and Appeal Committees will continue to meet on their normal cycle, subject to suspension of site visits for LRB, and |
|
|
|
|
v) |
that other ad hoc committees will be convened as required. |
|
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|
4. |
|
that the main committee structure is temporarily simplified using Option from Appendix 2, which is Full Council + 2 committees and that: |
|
|
|
|
i) |
14 councillors will sit on each Committee with political balance arrangements as per the currently suspended committees of 14; |
|
|
|
|
ii) |
These committees will cover the remits of the Depute Chief Executive Roles |
|
|
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|
iii) |
Group Leaders will notify Committee Services of their representatives on these committees ; |
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iv) |
The Administration Group will appoint a Chair to each of the 2 Committees and notify Committee Services and other Group Leaders, and |
|
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|
v) |
External representatives who are normally present at Communities and Children & Young People’s Services Committees will be consulted on how their interests can be best represented on the consolidated committees and a proposal on this aspect will be brought to the Emergency Cabinet. |
|
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|
5. |
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to retain meetings of the Police and Fire committee subject to discussion with partner authorities over their frequency; |
|
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|
6. |
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to continue delegation to Chief Exec agreed by the Council on 25 March(paragraph 2 of minute refers) for lower risk business (judged in terms of strategic importance, legal, financial, reputational and political considerations) , to exercise the delegated authority given to him in para 5 (7) of the Council’s Scheme of Delegation (to take such executive actions as may be deemed necessary in the discharge of the Authority’s functions) without the requirement for homologation, using membership of the Emergency Cabinet as a sounding board where appropriate; |
|
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7. |
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to trial an alternative system for information and consider/note reports as detailed in paragraph 4.9.4 of the report; |
|
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|
8. |
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to review these arrangements on or before 24 February 2021, taking account of the phased progress of the Scottish Government’s Covid-19 Route map, officer capacity to support committees and other relevant public health and workplace advice. |
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