Agenda item

To consider a motion on notice submitted by Councillor Jason Wood and seconded by Councillors Joanne Ainscough, Louise Belcher, Phillip Black, Colin Hartley and Jean Parr.

(During this item, Councillor Hunter declared an interest as he held the role of Chair of the Budget and Performance Panel and was part of the Liberal Democrat Group which had two Councillors serving on the Cabinet. This was not an interest which would prohibit Councillor Hunter from taking part.)

 

The following motion of which notice had been given to the Chief Executive in accordance with Council Procedure Rule 15 was moved by Councillor Wood and seconded by Councillor Phil Black:-

 

“To amend the Constitution Part 2, 2.5 clauses 9 and 10 to take effect from annual business Council on 12 May 2025

 

To ADD to both clauses 9 and 10:

"The Chair shall not be a member of any political group which has Councillors on the Cabinet (except where no nominations from non-Cabinet groups are received)."

 

The current clauses currently state:

 

“9 Overview and Scrutiny Committee

 

Composition: Nine Councillors in political balance.

Members of the Committee shall not be members of the Cabinet.

The Chair of the Overview and Scrutiny Committee will be appointed by Council annually. However, only non-Cabinet Councillors are entitled to vote for the Chair.

The Chair and Vice Chair shall not be members of the largest political group which has Councillors on the Cabinet.

 

 

10 Budget and Performance Panel

 

Composition: Nine Councillors in political balance.

Members of the Committee shall not be members of the Cabinet.

The Chair of Budget and Performance Panel will be appointed by Council annually. Only non-Cabinet members are entitled to vote for the Chair.

The Chair and Vice Chair shall not be members of the largest political group which has Councillors on the Cabinet. “

 

If the amendment is approved by Council, these clauses will then read …

 

“9 Overview and Scrutiny Committee

 

Composition: Nine Councillors in political balance.

Members of the Committee shall not be members of the Cabinet.

The Chair of the Overview and Scrutiny Committee will be appointed by Council annually. However, only non-Cabinet Councillors are entitled to vote for the Chair.

The Chair and Vice Chair shall not be members of the largest political group which has Councillors on the Cabinet.

 

The Chair shall not be a member of any political group which has Councillors on the Cabinet (except where no nominations from non-Cabinet groups are received).

 

10 Budget and Performance Panel

 

Composition: Nine Councillors in political balance.

Members of the Committee shall not be members of the Cabinet.

The Chair of Budget and Performance Panel will be appointed by Council annually. Only non-Cabinet members are entitled to vote for the Chair.

The Chair and Vice Chair shall not be members of the largest political group which has Councillors on the Cabinet.

The Chair shall not be a member of any political group which has Councillors on the Cabinet (except where no nominations from non-Cabinet groups are received).”

 

A preamble to the motion explained the purpose:

 

“This proposed amendment to the Constitution below is intended to encourage opposition groups to nominate and hold Scrutiny Chairs. Scrutiny plays an important role in being a critical friend to any administration. The Local Government Association (LGA) describes this this ‘critical friend’ role as being necessary “… for scrutiny to be effective … identifying where decisions could be improved and how to prevent mistakes being made or repeated. Scrutiny is, by its nature, political; that is, it is driven by politicians whose insights are a fundamental part of scrutiny’s work to review decisions which are themselves political and may be politically contentious.”

 

Where political groups who are actively involved in the executive by holding portfolios on the Cabinet, public perception may question this ‘critical friend’ role and perhaps ask if Scrutiny in practice at Lancaster is Cabinet groups marking their own homework.

 

Public perception should have full confidence in our formal scrutiny processes.”

 

The Monitoring Officer had drafted an officer briefing note which accompanied the motion on the agenda.

 

Councillor Wood responded to questions from Councillors about the motion before a lengthy debate began. 

 

At the conclusion of the debate, the Mayor called for a vote. Councillor Phil Black called for a recorded vote in accordance with Council Procedure Rule 19.4

 

The votes were recorded as follows:-

 

For the motion:  Councillors Ainscough, Armistead, Belcher, Black (Matthew), Black (Phil), Budden, Cleet, Colbridge, Cooper, Gardiner, Gawith, Hanna, Hanson, Harris, Hartley, Knight, Livermore, Mills (Hamish), Newton, Pattison, Penney, Potter, Stubbs, Thornberry, Whitaker, Wild and Wood.(27).

 

Against the motion:   Councillors Abuhajar, Blaikie, Bottoms, Deery, Dennison, Dowding, Fish, Hamilton-Cox, Hart, Hunter, Jackson (Caroline) Jackson (Peter), Maddocks, Pritchard, Riches, Sommerville, Tyldesley and Tynan (18).

 

Abstentions:  Councillors Bannon, Greenwell, McGowan, Metcalf-Reiner, Mills (Abi), Otway, Stubbins and Wilkinson (8).

 

Resolved:-

 

To amend the Constitution Part 2, 2.5 clauses 9 and 10 to take effect from annual business Council on 12 May 2025

 

To ADD to both clauses 9 and 10:

"The Chair shall not be a member of any political group which has Councillors on the Cabinet (except where no nominations from non-Cabinet groups are received)."

 

So that the information says:

 

“9         Overview and Scrutiny Committee

 

Composition: Nine Councillors in political balance.

Members of the Committee shall not be members of the Cabinet.

The Chair of the Overview and Scrutiny Committee will be appointed by Council annually. However, only non-Cabinet Councillors are entitled to vote for the Chair.

The Chair and Vice Chair shall not be members of the largest political group which has Councillors on the Cabinet.

 

The Chair shall not be a member of any political group which has Councillors on the Cabinet (except where no nominations from non-Cabinet groups are received).

 

10        Budget and Performance Panel

 

Composition: Nine Councillors in political balance.

Members of the Committee shall not be members of the Cabinet.

The Chair of Budget and Performance Panel will be appointed by Council annually. Only non-Cabinet members are entitled to vote for the Chair.

The Chair and Vice Chair shall not be members of the largest political group which has Councillors on the Cabinet.

 

The Chair shall not be a member of any political group which has Councillors on the Cabinet (except where no nominations from non-Cabinet groups are received).