To: Annual Council
18 May 2022
Establishment of Committees and Associated Matters
Executive Director: Delivery – Democratic and Registration Services
1 Purpose of Report
1.1 This report sets out the position regarding the overall allocation of seats on committees. The council is asked to agree the establishment of committees, and the appointment of councillors to sit on committees and other bodies.
1.2 The council is required to determine the allocation of committee seats to party groups and then to appoint to those seats in accordance with the wishes of each party group on the council. The nominations from the Conservative and Labour Group are included in appendix A of agenda item 8.
2 Recommendations
2.1 That the establishment of committees and the appointment of councillors to sit on them is agreed as follows:
(a) That the establishment of ordinary committees, their size and allocation of seats, agreeing a local variation to the proportionality rules, is agreed as set out in paragraph 5 of the report
(b) That the establishment of the Licensing and Safety Committee and the Overview and Scrutiny Commission, their size and allocation of seats is agreed as set out in paragraph 5 of the report
(c) That the membership of each committee, in accordance with political groups’ wishes is agreed
(d) That appointments to external organisations are agreed and
(e) That the appointment of Council Champions is agreed, in accordance with Part 1 Section 7 of the Constitution.
3 Reasons for Recommendations
3.1 A review of the allocation of committee seats to party groups is conducted each year at the Annual Meeting of the Council, in accordance with the Local Government (Committees and Political Groups) Regulations 1990.
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 Following the Old Bracknell Ward by-election which took place on 9 December 2021 the political balance of the Council is as follows:
|
|
Number of councillors |
Proportionality |
|
Conservative Group |
37 |
88.10% |
|
Labour Group |
4 |
9.52% |
|
Liberal Democrat |
1 |
2.38% |
|
|
42 |
100% |
Political balance requirements
5.2 The Local Government and Housing Act 1989 requires the council to allocate seats on ordinary and overview and scrutiny committees to political groups for the forthcoming municipal year, in accordance with the size of each group on the council as a whole, unless alternative arrangements are notified to all councillors and agreed without any councillor voting against them. The council is also required to make appointments to committees in accordance with the wishes of the political group to which each seat has been allocated.
5.3 The Local Government and Housing Act 1989 introduced provisions in order to ensure that the political balance on committees reflects the political complexion of the council. In order to achieve this, the council is required to observe the following principles as far as is reasonably practicable:
(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
(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
5.4 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
5.5 There are two political groups on the council: Conservative and Labour. There is one Liberal Democrat councillor on the council however it requires two councillors to form a Group; as a result, Councillor Parker is not entitled to any seats on committees as of right. However, to give effect to (a) above, one seat on every committee and sub-committee if the Labour Group do not wish to hold that seat may be offered to Councillor Parker.
5.6 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 5.3 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. This allocation was previously agreed at Council on 12 January 2022 when the revised proportionality calculations and membership allocations were initially considered.
|
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
|
||||
Licensing and Safety Committee
5.7 There are a further 15 seats on the Licensing and Safety Committee, which is the council’s Licensing Committee for the purposes of the Licensing Act 2003. As such it is not an ordinary committee in the sense of the Local Government and Housing Act 1989 and, although it must be politically proportionate, it has not been included in the table above which shows the overall allocation of seats on committees.
5.8 The proposal for the 15 seats is in accordance with the proportionality rules:
|
|
Number of seats |
Conservative |
Labour |
Liberal Democrat |
|
Licensing and Safety Committee |
15 |
13 |
2 |
0 |
5.9 There are a further 12 seats on the Overview and Scrutiny Commission. Although the allocation of seats to the Overview and Scrutiny Commission must be politically proportionate this is not an ordinary committee and therefore has not been aggregated together with the seats of ordinary committees for the purposes of the allocation of seats to party groups by the council under section 15(5)(c) of the Local Government and Housing Act 1989, i.e. principles (a), (b), and (d) apply but not (c).
5.10 The proposal for the 12 seats is in accordance with the proportionality rules:
|
|
Number of seats |
Conservative |
Labour |
Liberal Democrat |
|
Overview and Scrutiny Commission |
12 |
11 |
1 |
0 |
5.11 In addition to the core Panel membership set out at Appendix A of agenda item ??, all non-executive councillors can take part in review work. This enables the overview & scrutiny function to tap into the skills and knowledge of councillors across a wide variety of topics. This also allows working councillors to be involved effectively based on their availability, interests and knowledge.
Sub-committees
5.12 Committees are also required to observe political proportionality when setting the membership of sub-committees. The proposed allocation of sub-committee seats is set out below:
|
|
Number of seats |
Conservative |
Labour |
Liberal Democrat |
|
Education Employment Sub-Committee |
7 |
6 |
1 |
0 |
Substitutes
5.13 In addition to appointing councillors to serve on committees, the council may also, in accordance with the procedures set out in Rule 10.3 and Rule 10.4 of the constitution, appoint on the nomination of a political group represented on the council a number of councillors up to the maximum as shown in the table below, to act as substitutes for members of their Group appointed to committees.
Size of Political Group Maximum Number of Substitutes
Fewer than 11 3
11-17 4
18 or more 5
5.14 In addition to appointing councillors to serve on sub-committees, committees may also appoint, on the nomination of any of the political groups represented on the council, up to three councillors to act as substitutes for members of their Group appointed to sub-committees.
Advisory Appointment Committee: Chief Executive
5.15 By law the decision to appoint a new Chief Executive is reserved to full Council. This legal requirement is reflected in the Council’s Constitution. The process for seeking a direct replacement for Chief Executive was considered at the Council meeting on 24 February 2022. It was agreed to appoint an Advisory Appointment Committee of six Councillors to assist in this process and it is proposed that this Committee be reconfirmed for the forthcoming municipal year.
5.16 The terms of reference for the Advisory Appointment Committee would be to shortlist and interview candidates for the post of Chief Executive and, with professional support from the external advisors and the Assistant Director: HR and Organisational Development, to report to full Council with a recommendation concerning the appointment of a new Chief Executive.
5.17 The membership of that Advisory Appointment Committee of 6 Councillors to assist in this process to include the following Members:
· Leader of the Council
· Chair of Employment Committee
· Vice Chair of Employment Committee
· Executive Member for Children, Young People & Learning
· Executive Member for Adult Services, Health and Housing
· Leader of the Labour Group
Joint Public Protection Committee (JPPC)
5.18 As of the 1 April 2022 the Public Protection Partnership (PPP) will comprise a shared service delivering Environmental Health, Licensing and Trading Standards to residents and businesses on behalf of two authorities (Partners) namely Bracknell Forest Council and West Berkshire District Council. The Joint Public Protection Committee (JPPC) has been established to oversee the strategic leadership of the PPP. The purpose of the JPPC is to set the strategic direction of the shared service and to monitor the delivery of the shared service and to review the following:
· Standards of service delivery and performance;
· Fee income and costs (on a true cost delivery basis);
· Treatment of trading surpluses or deficits;
· The action plan for business growth and development.
5.19 The JPPC will comprise of four Members, two from each partner authority as follows:
· Executive/Cabinet Member with responsibility for Public Protection Services from each Council;
· One additional Member appointed by each Council (usually the Chair of the Licensing Committee).
5.20 Each partner authority is invited to nominate at least one named substitute Executive Member who may act as substitute for both the Executive and non- Executive member of the JPPC. It is proposed that all Members of the Executive be appointed as substitutes to provide resilience when needed. The substitutes can attend all meetings of the JPPC but will only be classed as a member of the Joint Committee and vote when acting as a substitute. In addition at least one officer representing each partner local authority will attend the JPPC to advise Members.
5.21 The Chairmanship of the JPPC rotates between the two Councils on an annual cycle. The Chairmanship for the 2022/23 cycle will reside with West Berkshire Council. The quorum of a meeting of the JPPC will be three. At least one Executive Member from each Council must be present for the meeting to be quorate with respect to Executive Decisions. The Committee operates in accordance with West Berkshire Council’s Constitution as it is the host authority.
Councillor Appeals Panel
5.22 The name of the Personnel Appeals Panel has been updated to Councillor Appeals Panel to match with the current policies and procedures which have recently been updated. There are no changes required to nomination criteria.
Nominations
5.23 Appendix A of agenda item 8 sets out the proposed committees, sub-committees, steering groups, advisory groups and panels.
Membership of external organisations
5.24 Councillors will be nominated to voluntary sector organisations as representatives in a non-management capacity with no role in the governance of the organisation. Such roles will be limited to councillors acting as conduits for communication between the council and the organisation or as observers at the organisation’s meetings.
5.25 Where a councillor is nominated as a representative pursuant to above, they may not subsequently accept a role on the organisation’s board as a Trustee / Director or in any other management capacity such as Treasurer.
5.26 Appendix B of agenda item 8 sets out the external organisations to which appointments will be made.
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 Political groups and Councillor Parker were consulted on the proposals within this report and the outcome of discussions are reflected in the proposals.
Equalities Impact Assessment
6.4 Not relevant to this report.
Strategic Risk Management Issues
6.5 It is critical for robust arrangements to be in place for the council to conduct its business without procedural challenge. The establishment of committees, the allocation of seats to political groups and the proposed interim meeting arrangements satisfy this requirement.
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.
Health & Wellbeing Considerations
6.7 Health in all policies systematically and explicitly takes into account the health implications of decisions made with the aim of improving the health of the population and reducing health inequity. The committees, partnerships and external organisations referred to within this report provide the governance framework for using local government powers and functions to improve the health of Bracknell Forest residents and reduce the inequalities that still exist.
Background Papers
None
Contact for further information
Ann Moore, Assistant Director: Democratic and Registration Services - 01344 352260
ann.moore@bracknell-forest.gov.uk