To:      Council

14 July 2021

                                                                                                                                                      

 

Revised proportionality calculations and membership

Executive Director of Delivery - Democratic & Registration Services

1          Purpose of Report

1.1       This report sets out the position regarding the overall allocation of seats on committees following the reduction in the number of councillors in the Conservative Group by one and requests consideration of the consequential membership changes.  The establishment and size of committees, sub-committees and panels agreed at the Annual Council meeting on 28 April 2021 are not affected by this review.

2          Recommendations to the Chief Executive from Council, meeting informally in accordance with the process agreed by Council on 28 April 2021:

2.1       That the revised proportionality calculations are agreed;

2.2       That changes to the membership of overview and scrutiny, committees and other groups tabled at the meeting are agreed, in accordance with political group wishes; and

2.3       That any changes to the Leader’s appointments tabled at the meeting are noted.

3          Reasons for Recommendations

3.1       The Council is required to review the representation of political groups as soon as practicable after any change occurs, and to appoint to vacant seats in accordance with the wishes of the political groups.

4          Alternative Options Considered

4.1       This report reflects the majority group’s proposals for the allocation of seats on committees which have been discussed with the Labour Group and the two independent councillors.

5          Supporting Information

Background

5.1       On 5 July 2021 the Proper Officer received notice that Councillor Tullett was no longer a member of the Conservative Group which triggered the requirement for the Council to review the representation of political groups and to determine any changes to the allocation of seats on committees, as required by the Local Government and Housing Act 1989 and its associated regulations.

5.2       The composition of the Council is now as follows:

 

Number of councillors

Proportionality

Conservative Group

37

88.1%

Labour Group

3

7.14%

Liberal Democrat

1

2.38%

Independent Conservative

1

2.38%

 

42

100%

5.4       Councillors Parker and Tullett are not currently members of any political group and therefore have no right to nominate which committees they should be appointed to.

            Political balance requirements

5.5       At the Annual Council Meeting on 28 April 2021 the Council established committees and allocated seats in line with the relevant provisions of the Local Government and Housing Act 1989, following the principles set out below:

            (a)        that not all seats on the committee are allocated to the same political group;

            (b)        that the majority of seats on each Committee should be allocated to a particular political group if the number of members of the group is a majority of the Authority’s membership;

            (c)        subject to paragraphs (a) and (b) above, that the total number of all seats allocated to each political group on ordinary committees should reflect the political balance of the Council; and

            (d)        subject to paragraphs (a) to (c) above, that the number of seats on each Committee allocated to each political group should reflect the political balance of the Council.

5.6       Principles (a), (b) and (d) apply to all appointments to the authority’s own committees and sub-committees and to certain outside bodies.  However, principle (c) only relates to appointments to the ‘ordinary’ committees of the Council. 

Allocation of seats on ordinary committees

5.7       The table below sets out the Conservative Group’s proposed allocation of seats on ordinary committees.  This satisfies three of the four principles set out in paragraph 5.5 above, (a) (b) and (c) but not (d).  It is not possible for political balance to be achieved in both the total number of all seats allocated to each political group and across the total number of seats on each committee.  There are no alternative options which satisfy all the principles or are a closer match.

5.8       In order to achieve this the Labour Group is required to lose a seat to an independent councillor on either the Employment Committee or Governance & Audit Committee.  The Group has decided to lose the seat on the Governance & Audit Committee which is reflected in the table below.  This results in two of the three committees achieving political balance.

 

Proposed allocation of seats on ordinary committees

Committee

Number of seats

Conservative Group

Labour
Group

Liberal Democrat

Independent Conservative

Employment Committee

9

8

1

0

0

Governance and Audit Committee

8

7

0

0

1

Planning Committee

18

16

1

1

0

Total allocation of places

35

31

2

1

1

Overall political balance

35

31

2

1

1

Adjustments required to achieve overall political balance

0

0

0

0

            Allocation of seats on other committees/sub-committees

5.9       There are a further 15 seats on the Licensing and Safety Committee and 12 seats on the Overview and scrutiny Commission.  These committees have not been included in the table above which shows the overall allocation of seats on ordinary committees as neither of these committees are ‘ordinary’ committees for the purposes of the provisions within the Local Government and Housing Act 1989.  They must be politically proportionate however principle (d) does not apply.  Committees are also required to observe political proportionality when setting the membership of sub-committees.

5.10     The proposed allocation of seats on these committees/sub-committee is set out below.  To achieve political balance on the Licensing & Safety Committee the Conservative Group has given up a seat to one of the independent councillors.  The allocation of seats on the Overview and Scrutiny Commission and the Education Employment Sub-Committee are unaffected.

Proposed allocation of seats on committees/sub-committees

Committee

Number of seats

Conservative
Group

Labour Group

Liberal Democrat

Independent Conservative

Licensing and Safety Committee

15

13

1

0

1

Overview & Scrutiny Commission

12

11

1

0

0

Education Employment Sub-Committee

7

6

1

0

0

 

            Membership of committees and external organisations

5.11     The appointments to Conservative seats currently held by Councillor Tullett are set out in Appendix A.  The Conservative Group is asked to review these appointments, in light of the changes to the Group membership, and to advise the meeting of alternative nominations for the Conservative seats.

5.12     Appendix A also includes appointments made by the Leader and in light of the changes to the Group membership, the Leader will notify Council of any changes.

6          Consultation and Other Considerations

Legal Advice

6.1       The recommendations in this report reflect the requirement for political balance in the allocation of seats on committees as set out in the Local Government and Housing Act 1989.

Financial Advice

6.2       There are no additional revenue implications arising from the above recommendations.

Other Consultation Responses

6.3       These have been incorporated in the report.

Equalities Impact Assessment

6.4       Not relevant to this report.

Strategic Risk Management Issues

6.5       Not relevant to this report.

Climate Change Implications

6.6       The recommendations in Section 2 above are expected to have no impact on emissions of CO2. The reason the Council believes that this will have no impact on emissions is that there will be no change to the number of appointments.

Background Papers

 

None

 

Contact for further information

Ann Moore, Delivery - 01344 352260

ann.moore@bracknell-forest.gov.uk

Appendix A - Conservative seats on Overview and Scrutiny, committees and other Groups currently held by Councillor Tullett

 

 

 

Appointed by

Conservative Group nomination

 

Overview and Scrutiny

Overview and Scrutiny Commission

Council

To be tabled at meeting

Wellbeing and Finance Overview and Scrutiny Panel

Overview and Scrutiny Commission

To be tabled at meeting

Non-Executive Decision-Making Committees

Appeals Committee

(pool of 11 councillors)

Council

To be tabled at meeting

Education Employment Sub Committee

Employment Committee

To be tabled at meeting

Employment Committee

Council

To be tabled at meeting

Governance and Audit Committee

Council

To be tabled at meeting

 

Note: Labour seat becomes independent councillor seat to be taken by Cllr Tullett

Licensing and Safety Committee

Council

Note: Conservative seat becomes independent councillor seat to be taken by Cllr Tullett

Local Joint Committee (substitute member)

Employment Committee

To be tabled at meeting

Other Bodies

Climate Change Advisory Panel

Leader

Note: Cllr Tullett to retain seat as Panel is cross party

Other Joint Committees, Panels and Groups

Community Safety Partnership Working Group

Council

To be tabled at meeting

Portfolio Review Groups

Finance PRG

Leader

To be tabled at meeting

Care PRG

Leader

To be tabled at meeting

Community PRG

Leader

To be tabled at meeting