Hmm To: Council
12 January 2022
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 as a result of the by-election held on 9 December 2021 following the resignation of Malcolm Tullett.
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 independent councillor.
5 Supporting Information
Background
5.1 Malcolm Tullett resigned from Bracknell Forest Council on 22 October 2021 and the resulting by-election in the Old Bracknell Ward altered the political balance of the Council. This change 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 |
88.10% |
|
Labour Group |
4 |
9.52% |
|
Liberal Democrat |
1 |
2.38% |
|
|
42 |
100% |
5.4 Councillor Parker is not currently a member of a political group and therefore has no right to nominate which committees he 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 relinquish a seat. The Group has decided not to take up the seat on the Governance and Audit Committee which is reflected in the table below. This results in two of the three committees achieving political balance. This means that Councillor Parker will gain the seat on the Governance and Audit Committee.
|
Committee |
Number of seats |
Conservative Group |
Labour |
Liberal Democrat |
|
Employment Committee |
9 |
8 |
1 |
0 |
|
Governance and Audit Committee |
8 |
7 |
0 |
1 |
|
Planning Committee |
18 |
16 |
2 |
0 |
|
Total allocation of places |
35 |
31 |
3 |
1 |
|
Overall political balance |
35 |
31 |
3 |
1 |
|
No adjustments required to achieve overall political balance |
||||
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 Labour Group have gained a second seat. 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 |
Labour Group |
Liberal Democrat |
|
Licensing and Safety Committee |
15 |
13 |
2 |
0 |
|
Overview & Scrutiny Commission |
12 |
11 |
1 |
0 |
|
Education Employment Sub-Committee |
7 |
6 |
1 |
0 |
Membership of advisory groups
5.11 Appendix A also includes an appointment made by the Leader and in light of the resignation of the independent councillor, 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
Appendix A – Changes to committees and other Groups
|
|
Appointed by |
Nomination
|
|
Non-Executive Decision-Making Committees |
||
|
Governance and Audit Committee |
Council |
Councillor Parker
|
|
Note: currently vacant therefore no change required to other membership |
||
|
Licensing and Safety Committee |
Council |
Councillor Bidwell
|
|
Note: currently vacant therefore no change required to other membership |
||
|
Planning Committee |
Council |
Councillor Bidwell
|
|
Note: Councillor Parker to come off from this membership |
||
|
Other Bodies |
||
|
Climate Change Advisory Panel |
Leader |
To be tabled at meeting
|
|
|
|
Note: Currently vacant |
|
Substitutions |
||
|
All committees which allow substitutes |
Council |
Councillor Bidwell |