Agenda and minutes

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

The following disclosures of interests were made:

To approve as a correct record the minutes of the Governance Committee held on 21 June 2022.

The minutes of the meeting of the Governance Committee held on 21 June 2022 were approved as a correct record and signed by the Chair. 

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.

No questions were asked by the public.

To receive a presentation from the Electoral Services Manager on the latest information regarding the implementation of the Elections Act 2022 following the Department for Levelling Up, Housing and Communities conference held in Birmingham on 12 September 2022.

The Electoral Services Manager gave a presentation on the latest information regarding the implementation of the Elections Act 2022 following the Department for Levelling Up, Housing and Communities conference which was held in Birmingham on 12 September 2022.  The presentation is attached as Appendix A.

As part of the presentation, the Electoral Services Manager highlighted that:

·       The Act introduced a number of new electoral processes including voter identification requirements, improving accessibility at polling stations for voters with disabilities, changes to absent voting, and changes to voting rights for overseas and EU citizens among other matters.

·       Secondary legislation was being developed and was due to be issued in the coming months.  This would clarify details of the new processes.

·       Some of the processes were to be implemented in time for the local elections in May 2023.

The Committee discussed the matter and in response to queries raised by Committee members, the Electoral Services Manager provided the following clarifications:

·       The Council was to receive Government funding for two years to help implement the new processes; it was unclear whether further funding would be available after those two years.  The increased workload for the Elections team and the shortage of polling station staff, particularly of experienced Presiding Officers, were concerns.

·       It was likely that the requirement to check voters’ identification would increase staffing and time pressures at polling stations.  Committee members raised various other concerns about the voter identification requirements.

·       There were specific implications of the voter identification requirements for women who cover their faces for religious or cultural reasons.  In light of this it was possible that each polling station may be required to have at least one female Presiding Officer.

·       The Voter Authority Certificate would be issued to electors as a hard copy.

·       Presently the Council implemented a number of measures to ensure polling stations were accessible to those with disabilities; the Act was due to enhance these measures.  A record was to be kept of any companions assisting voters with disabilities.

·       Those that vote by post would receive reminders when their postal vote nears the end of its three-year expiry period.

·       It was proposed that EU citizens would no longer be automatically entitled to register to vote.  Those with retained rights/settled status and those from countries with ‘reciprocal agreements’ would retain their right to vote.  There was likely to be no change to the voting rights of EEA citizens.

·       Poll cards were proposed to be made larger and sent in envelopes.  Committee members raised concerns about the environmental impact of using more paper.

·       It was important that the Council publicises the changes – the Committee raised concerns that there was not sufficient time for voters to be made aware of the changes prior to the May 2023 elections, particularly of those regarding voter identification.  It was confirmed that, once details had been received, the Council would raise awareness of the changes through a range of channels of communication.  Committee members suggested that councillors should engage with their ward residents on  ...  view the full minutes text for item 4.

To consider report LDS/189 of the Head of Governance, People & Performance.

The Committee considered report LDS/189 of the Head of Governance, People & Performance which requested that the Committee review the temporary changes to the Scheme of Polling Places made for the 2021 and 2022 elections and consider whether to extend those for the elections in 2023.  The Committee was also requested to designate Forge Wood Community Centre as the polling place for polling district LJC (Forge Wood).

The Committee discussed the use of The Mill and The Brook schools as polling stations as had occurred prior to 2021.  Some Committee members raised concerns about returning to the use of the schools in 2023 as this may force their closure, which would lead to pupils having a day out of school.  Other Committee members felt that the schools made for suitable polling stations as they were better located than their alternatives, and this suited a greater number of residents which may encourage a higher turnout.  Others commented that schools would ideally not be used, but a shortage of suitable venues meant that it was a necessity.  In response to a suggestion that the schools remain open as the areas to be used for polling stations were separate to the main school buildings, the Electoral Services Manager clarified that school staff had concerns about the overall security of the sites.  The Committee discussed the possible reasons behind the differences in turnout in 2019, 2021, and 2022 and whether the location of the polling stations had had an impact.

Councillor Lamb proposed that the Committee recommend that the Full Council overturns the temporary changes made to the Polling Scheme in 2021 and 2022 relating to polling districts LFB, LFD, and LHB.  This was to apply only to the May 2023 elections and was to be reconsidered as part of the full Polling District Review which was due to take place in late 2023.

RESOLVED

That the Full Council be recommended to approve that:

1.     The Forge Wood Community Centre be the designated polling place for polling district LJC.

2.     The temporary changes made to the Polling Scheme relating to polling districts as set out in paragraph 5.2 of report LDS/189 be overturned for the 2023 elections.

To consider report LDS/190 of the Chair of the Independent Remuneration Panel.

The Committee considered report LDS/190 of the Chair of the Independent Remuneration Panel (IRP) which detailed the considerations and subsequent recommendations regarding the Councillors’ Allowances Scheme for 2023/24 to 2026/27.  The Democracy and Data Manager gave an overview of the IRP’s work and summarised the proposed changes to the allowance rates payable to councillors.

Committee members expressed general support for the proposals and report and extended their thanks to the members of the IRP.  Clarification was sought regarding the indexation by which the allowances were proposed to be increased; it was noted that inflation had been high over recent years in which the allowances had been frozen so the proposed increase was welcomed.

The Committee discussed the IRP’s proposal to offer the Mayor’s allowance to the Deputy Mayor in a situation when the Deputy takes on the role of Mayor part-way through the municipal year.  There was support for the proposal, but some concerns were raised that the same rule was not applied to any committee Vice-Chair who takes on the role of Chair during a municipal year, so the application of the rule was inconsistent.  It was suggested that this could be considered as part of a future IRP review.  Also suggested for a future review was that more backbench councillors be invited to share their views with the IRP.

It was noted that the Councillors’ Allowances Scheme was proposed to be implemented for a period of four years.  A suggestion was made that the IRP could be requested to undertake a ‘light-touch’ review of the allowances two years into this period in order to keep the Scheme current.  It was explained that the IRP felt it appropriate to set the allowances for four years, but if the Governance Committee wished the IRP could be recalled as and when required if a situation arose within the next four years that necessitated a review.

A Committee member highlighted some minor clerical errors in Appendix B of report LDS/190.  A number of paragraphs had been cross-referenced incorrectly and so the numbering needed to be amended; the Committee agreed that these changes be incorporated into the final version of the Scheme prior to being considered by the Full Council.

RESOLVED

That the Full Council be recommended to approve the Councillors’ Allowances Scheme for 2023/24 to 2026/27 as set out in Appendix B to report LDS/190 (as amended to incorporate a number of minor clerical corrections).

Note by the Head of Governance, Performance and People – clerical/typographical corrections have now been made and the amended version of Appendix B of report LDS/190 has been published online, replacing the original published version.

To consider report LDS/191 of the Head of Governance, People & Performance.

Councillor Khan left the room and took no part in the discussion or vote on this item.

The Committee considered report LDS/191 which proposed changes to the Constitution which reflected the arrangements necessary to fulfil the decision by the Licensing Committee to delegate power to take decisions around the suspension of issuing hackney carriage (driver and vehicle) licences and private hire (driver/vehicle/operator) licences to a Licensing Sub-Committee (when specifically requested by the Chair of the Licensing Committee).

The Committee discussed the meeting of the Licensing Committee held on 17 August and the viability and legality of the decisions taken.  Committee members voiced a range of opinions on the matter.  Some were supportive of the decision and felt it would allow the Council to respond more dynamically to issues relating to taxi licences as and when they occur; others were not supportive of the decision and felt it was inappropriate, complicated, or unusual for a Licensing Sub-Committee to be granted those powers.  A Committee member suggested that the Full Council may benefit from receiving legal advice from the Monitoring Officer in respect of the proposed Constitutional changes relating to the establishment of the Licensing Sub-Committee and its functions.

It was highlighted that the Licensing Committee’s decisions could not be overturned by the Governance Committee.  The focus of this item was to approve the protocol which would enable the Licensing Committee’s decision to be implemented, via the Council’s Constitution.

A concern was raised that the proposed new section of the Constitution, ‘Licensing Sub-Committee (Taxis) Functions’ (Appendix A of report LDS/191) did not define a timescale for any temporary suspension that may occur.  It was suggested that a timescale should be designated within which any suspension should be reviewed, to ensure that the suspension did not inadvertently become permanent.

Following a request by a Committee member, it was agreed that all votes on the item be taken as recorded votes.  

Councillor Lunnon moved the following amendment to recommendation 1:

That an additional section be added to Appendix A of report LDS/191 setting out that any temporary license suspension enacted by the Licensing Sub-Committee be reviewed at the next-but-one scheduled meeting of the Licensing Committee (the exact wording of this addition was to be finalised by officers and added as an appendix to these minutes).

The Chair called for a recorded vote on the proposed amendment.  The names of the Committee members voting for, against, or abstaining were as follows:

FOR – Councillors Crow, Jhans, Lamb, Lunnon, and Pritchard (5).

AGAINST – Councillors Burrett and McCarthy (2).

ABSTAIN – Councillors Jones and Lanzer (2).

The amendment was therefore carried and was incorporated into recommendation 1 to form the substantive recommendation.

Councillor Crow moved the following additional recommendation, subject to the approval of recommendations 1-3 set out in the report:

That the Monitoring Officer be requested to provide legal advice to the Full Council in respect of the proposed Constitutional changes (to be published in the order paper).

The Chair called for a recorded vote  ...  view the full minutes text for item 7.

Section J of the Financial and Budget Procedure Rules in the Constitution currently references the financial approval levels for purchasing land and property for housing delivery.  Approval levels for the acquisition of land and property for investment are currently included in the Head of Corporate Finance’s Sub-Delegation Scheme but are not referenced in the Constitution.  Several decisions relating to the acquisition of land and property for temporary accommodation have been taken by Cabinet with those decisions being taken by the Head of Strategic Housing in agreement with the Head of Corporate Finance and in consultation with the relevant Cabinet Member and Leader.

For completeness and consistency, it is suggested that Section J of the Financial and Budget Procedure Rules be amended to include decision routes for all three types of acquisition.  The proposed changes are set out in report LDS/192 of the Head of Governance, People & Performance.

RECOMMENDATION

That the Full Council be recommended to approve the changes to Section J of the Financial and Budget Procedure Rules set out in the Constitution as detailed in report LDS/192.

The Committee considered report LDS/192 of the Head of Governance, People & Performance which set out proposed changes to Section J of the Financial and Budget Procedure Rules in the Constitution.

Section J of the Financial and Budget Procedure Rules currently only referenced the financial approval levels for purchasing land and property for housing delivery.  Approval levels for the acquisition of land and property for investment were currently included in the Head of Corporate Finance’s Sub-Delegation Scheme but were not referenced in the Constitution.  Several decisions relating to the acquisition of land and property for temporary accommodation had been taken by the Cabinet with those decisions being taken by the Head of Strategic Housing in agreement with the Head of Corporate Finance and in consultation with the relevant Cabinet Member and Leader.  The changes were proposed to ensure completeness and consistency.

RESOLVED

That the Full Council be recommended to approve the changes to Section J of the Financial and Budget Procedure Rules set out in the Constitution as detailed in report LDS/192.