Democracy in Crawley

How decisions are made and who represents you

Agenda and minutes

Venue: Ashurst Main Hall - The Charis Centre. View directions

Contact: Democratic Services  Email: democratic.services@crawley.gov.uk

Items
No. Item

1.

Disclosures of Interest

In accordance with the Council's Code of Conduct, councillors are reminded that it is a requirement to declare interests where appropriate.

 

Minutes:

The following disclosures of interests were made:

 

Councillor

Item and Minute

Type and Nature of Disclosure

 

Councillor

Flack

Further Deliberations of the Independent Remuneration Panel (Mayoral Allowances 2021/22 and 2022/23)

(Minute 7)

Disclosable Pecuniary Interest as she is the current Deputy Mayor.

 

Councillor Flack left the room for this item and took no part in the discussion or voting on the matter.

 

Councillor

Lamb

Further Deliberations of the Independent Remuneration Panel (Mayoral Allowances 2021/22 and 2022/23)

(Minute 7)

Disclosable Pecuniary Interest as his partner is the current Deputy Mayor.

 

Councillor Lamb left the room for this item and took no part in the discussion or voting on the matter.

 

 

Councillor

Item and Minute

Type and Nature of Disclosure

 

Councillor

Malik

Further Deliberations of the Independent Remuneration Panel (Mayoral Allowances 2021/22 and 2022/23)

(Minute 7)

Disclosable Pecuniary Interest as he is the current Mayor.

 

Councillor Malik left the room for this item and took no part in the discussion or voting on the matter.

 

 

2.

Minutes pdf icon PDF 221 KB

To approve as a correct record the minutes of the Governance Committee held on 15 March 2021.

Minutes:

The Head of Legal, Governance and HR addressed the Committee and raised a matter arising from Minute 7 (LGA Councillor Model Code of Conduct) of the meeting held on 15 March 2021.  The Committee was reminded that at that meeting the then Chair had requested that an item be brought before this Committee meeting to consider the LGA Councillor Model Code of Conduct.  The Head of Legal, Governance and HR advised the Committee that, having only been in post since the end of March 2021, they would like to take some time to review both the current Code of Conduct and the Model Code of Conduct before endeavouring to bring an item to the September meeting of the Committee for its consideration.  The matter was noted by the Committee.

 

The minutes of the meeting of the Governance Committee held on 15 March 2021 were subsequently approved as a correct record and signed by the Chair.

3.

Public Question Time

To answer any questions asked by the public which relate to an item on this agenda and which are in line with the Council’s Constitution.

 

Public Question Time will be concluded by the Chair when all questions have been answered or on the expiry of a period of 15 minutes, whichever is the earlier.

Minutes:

No questions were asked by the public.

4.

Annual Governance Statement 2020-2021 pdf icon PDF 151 KB

To consider report LDS/170 of the Head of Legal, Governance and HR.

Additional documents:

Minutes:

The Committee considered report LDS/170 of the Head of Legal, Governance and HR which requested that the Committee consider the Annual Governance Statement and provide any comments for incorporation into the final version which would be included in the Annual Statement of Accounts due to be considered by the Audit Committee in July 2021.  The Committee’s attention was specifically drawn to the sections which referred to the Council’s response to the Covid-19 pandemic and the impact of the pandemic on the Council’s work.

 

A Committee Member requested that the document receive a final proof-read before it was included in the Statement of Accounts to ensure there were no clerical or grammatical errors and no duplication of headings.  Following a query raised by a Committee Member regarding the deadline for signing the Statement of Accounts, the Head of Legal, Governance and HR agreed to look into the matter and clarify both the deadline and the Audit Committee meeting at which the Statement of Accounts would be considered.

 

RESOLVED

 

That the comments made by the Committee be taken into consideration, and that the final version of the Annual Governance Statement be included in the Annual Statement of Accounts, which is to be approved by the Audit Committee in July 2021.

 

(NOTE BY THE HEAD OF LEGAL, GOVERNANCE AND HR:  The deadline for signing the Statement of Accounts has been moved from 31 July 2021 to 30 September 2021.  In light of this, it is confirmed that the Statement of Accounts, along with the Annual Governance Statement, will be considered at the 30 September 2021 meeting of the Audit Committee).

5.

Review of Public Written Questions at Full Council and Public Question Time at Committees

Provisions for Public Written Questions to the Full Council and for Public Question Time at the Audit Committee, Governance Committee and Licensing Committee were introduced when the revised Constitution was adopted in February 2020 (report LDS/157 refers which was considered by the Governance Committee on 29 January 2020 and by the Full Council on 26 February 2020).  At that time the Governance Committee agreed that these newly introduced provisions would be subject to a one year trial and that an evaluation report be submitted to the Governance Committee.

 

However, when the Covid-19 pandemic struck it was not possible to hold in-person Council meeting and in April 2020 The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority Police and Crime Panel Meetings) (England and Wales) Regulations 2020 No.392 came into force which enabled all formal Council meetings to be held virtually until 7 May 2021.  Since this legislation came into force all formal meetings of the Council were held virtually and Virtual Committee Procedure Rules and Licensing Sub-Committee (Hearings) Virtual Procedure Rules were introduced into the Council’s Constitution to replace those sections of the standard Procedure Rules which related to in-person meetings.

 

The legislation which allowed Councils to hold formal meetings virtually was not extended beyond 7 May 2021 and therefore all formal meetings of the Council beyond this date have, and will, be held in person.  Consequently, the Virtual Committee Procedure Rules and Licensing Sub-Committee (Hearings) Virtual Procedure Rules contained within the Councils Constitution are no longer in use and the previously agreed provisions which allowed increased public involvement have come back into effect.

 

Given the unusual circumstances which have taken place since these provisions were introduced, officers are of the opinion that using this period to review the public’s use of these provisions would not provide a true representation of public involvement or public interest.  It is therefore suggested that the trial period be extended by a year and that an evaluation report be brought before the Governance Committee in approximately one year’s time.

 

RECOMMENDATION

 

That the trial period for the provisions set out in the Constitution relating to public written questions to the Full Council (Full Council Procedure Rules) and Public Question Time at the Audit Committee, Governance Committee and Licensing Committee (General Committee Procedure Rules) be extended by one year and that an evaluation report relating to these matters be brought back to the Governance Committee for its consideration circa June 2022.

Minutes:

The Democratic Services Officer addressed the Committee and drew its attention to the item which was included on the Agenda.  The Committee was reminded that the adopted revised Constitution included new provisions which allowed Public Question Time and at meetings of the Audit Committee, Licensing Committee and Governance Committee, as well as public written questions at the Full Council.  When adopted, those provisions were subject to a one year trial period with an evaluation report due to be brought back to this meeting of the Committee.  However, when the pandemic hit in 2020 all formal meetings of the Council were held virtually and therefore officers were of the opinion that it would not be representative to use the past year to review the uptake of the provisions.

 

The Committee agreed that, now that the Council had returned to holding in-person meetings, the trial period be extended by a year and that an evaluation report come back to the Committee in approximately one year’s time.  The Committee expressed hope that the provisions would increase public engagement.

 

RESOLVED

 

That the trial period for the provisions set out in the Constitution relating to public written questions to the Full Council (Full Council Procedure Rules) and Public Question Time at the Audit Committee, Governance Committee and Licensing Committee (General Committee Procedure Rules) be extended by one year and that an evaluation report relating to these matters be brought back to the Governance Committee for its consideration circa June 2022.

6.

Update on Format of Council Meetings

At its meeting on 15 March 2021, the Governance Committee considered report LDS/165 (Future Format of Council Meetings) which set out the current legislative position on the format of Council meetings (in-person, virtual or hybrid) and requested that the Committee consider the potential options available in relation to those matters.  At that meeting the Committee agreed that it would consider the matter on a cycle-by-cycle basis and would provide a recommendation to the Full Council on the format of meetings for each forthcoming cycle.

 

Following that Committee meeting the legislation (The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority Police and Crime Panel Meetings) (England and Wales) Regulations 2020 No.392) which allowed formal Council meetings to be held virtually was not extended and therefore the provision allowing virtual meetings ceased on 7 May 2021.

 

In light of this, the Governance Committee, and subsequently the Full Council, are required to hold all formal Council meetings in person and therefore, until such time as relevant legislation is enacted, there is no option to hold these meetings either virtually or in hybrid format.  Should the legislative position change a further report will be brought before the Committee for its consideration.

 

RECOMMENDATION

 

That the Committee note that legislation does not currently allow formal Council meetings to be held virtually or in hybrid format but, should that legislative position change, a report will be brought before the Committee for its consideration.

Minutes:

The Democratic Services Manager addressed the Committee and drew its attention to the item which was included on the Agenda.  The Committee noted that the legislation (The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority Police and Crime Panel Meetings) (England and Wales) Regulations 2020 No.392) which allowed formal Council meetings to be held virtually had not been extended and therefore the provision allowing Council meetings to take place virtually had ceased on 7 May 2021.

 

In light of this, the Council were required to hold all formal meetings in person and until such time as relevant legislation was enacted there would be no option to hold those meetings either virtually or in hybrid format.

 

The Committee was informed that the consultation on remote (virtual) meetings and hybrid meetings undertaken by the Ministry of Housing, Communities and Local Government had concluded on 17 June 2021.  Should the legislative position change a further report, along with any relevant outcome of the consultation, would be brought before the Committee for its consideration.

 

Several Committee members expressed their support for virtual and/or webcasting meetings, should that option become viable in the future.  Following comments from the Committee, the Democratic Services Manager confirmed that the infrastructure for such meetings would be in place within the new Town Hall building.

 

RESOLVED

 

That the Committee note that legislation does not currently allow formal Council meetings to be held virtually or in hybrid format but, should that legislative position change, a report will be brought before the Committee for its consideration.

 

 

Having declared an Interest in the next item (Further Deliberations of the Independent Remuneration Panel (Mayoral Allowances 2021/22 and 2022/23) Councillors Flack, Lamb and Malik left the meeting for the remaining duration of the meeting and took no part in the discussion or voting on the report.

7.

Further Deliberations of the Independent Remuneration Panel (Mayoral Allowances 2021/22 and 2022/23) pdf icon PDF 215 KB

To consider report LDS/169 of the Chair of the Independent Remuneration Panel.

Minutes:

The Committee considered report LDS/169 of the Chair of the Independent Remuneration Panel which set out the Independent Remuneration Panel’s (IRP) deliberations and recommendations regarding the mayoral allowances.  In presenting the report the Democratic Services Manager highlighted that both the report and the recommendations contained within it were that of the Panel and not officers.

 

The Committee was reminded that at its meeting on 26 January 2021 it had considered the Final Report of the Independent Remuneration Panel (Councillors' Allowances Scheme 2021/22 and 2022/23) (report LDS/163) which, as well as providing the IRP’s recommendation on the basic allowance for all councillors and special responsibility allowances, gave the IRP’s view on the mayoral allowances.  In relation to the mayoral allowances, the IRP had recommended that if a clear rationale could not be provided for maintaining the rate of allowance payable to the Mayor, the allowance should be reduced by an amount to be decided by the Governance Committee and in turn the Full Council.  The IRP advised that careful consideration be given to what it deemed was a disproportionately high allowance compared to mayoral allowances of other local authorities.  That report had also recommended that the Deputy Mayor’s allowance be maintained at the current rate, unless a substantial change was made to the Mayor’s allowance, in which case, the rate should be altered proportionately to remain at approximately 15% of the Mayor’s allowance.  With regard to those recommendations the Governance Committee, and in turn the Full Council, had resolved to ask the IRP to reconsider the allowances for both the Mayor and the Deputy Mayor and provide a recommendation to the Governance Committee (and in turn the Full Council) for an exact figure for each.

 

Following the further review by the IRP, report LDS/169 was now before the Committee for its consideration and provided the IRP’s conclusions and recommendations with regard to the Mayor’s allowance and Deputy Mayor’s allowance.  In presenting the report, the Democratic Services Manager brought the following points to the Committee’s attention:

·         The IRP had originally asked that Councillors decide the allowances for both the Mayor and the Deputy Mayor.

·         In coming to its recommendation the IRP had reconsidered the initial Members’ Survey, including the specific feedback on the Mayoral allowance.

·         The IRP had considered speaking to the past four Mayors to seek their views on the allowance level, however it had not been possible to do so as they were either no longer a serving Councillor or had sadly passed away.

·         The IRP had emphasised that there appeared to be no evidence to explain or justify the current rate, which the IRP considered was disproportionate and had inflated over time.  In light of that lack of evidence the IRP had decided that the regional figures provided a sound basis for setting the allowance and had used the average of those comparators as the foundation for its recommendation.

·         The IRP agreed that the Deputy Mayor’s allowance should reflect their workload, which was approximately 10-15% of that  ...  view the full minutes text for item 7.