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Agenda item

Emergency Committee

Minutes:

The CEO, Jonathan Stephenson, introduced the report and reminded Members of the purpose of the meeting which related to preparatory work needing to be undertaken to ensure that Council business and decision making could continue in the unprecedented current situation brought about by the COVID19 pandemic.

 

The Coronavirus Act 2020 [the Act] had received Royal Assent on the 25 March 2020, and s78 gave the Secretary of State the power to make regulations to govern the way local authorities held meetings. The Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 [the Regulations] came into force on the 4 April 2020.  These Regulations enabled local authorities to hold remote meetings and for attendance at these meetings to be attendance for the purposes of the Constitution.

 

Suggested changes to the Council’s Rules of Procedure were attached to the report at Appendix D.

 

The report recommended the convening of an Emergency Committee and the powers that this would take on and how this would work in these unprecedented times. This committee would consider emergency and business continuity items and would operate until the council had the dedicated resources available to support the reintroduction of a full committee structure.

 

Proposed Terms of Reference were attached to the report at Appendix A. Members were also asked to consider the suspension of the six-month rule in relation to Members attending meetings and the approval of the proposed calendar of meetings for 2020/21 at Appendix B.

 

Cllr Hossack MOVED and Cllr Aspinell SECONDED the recommendations in the report.

 

Cllr Hirst MOVED and Cllr McCheyne SECONDED an AMENDMENT

to Recommendation 1 as follows:

 

To delete from Paragraphs 7 and 8 of the Terms of Reference (Appendix A) for the EmergencyCommittee "Planning and Licencing", and to delete Paragraph 9.

Cllr Hossack DID NOT ACCEPT the AMENDMENT and following a debate Members voted and the AMENDMENT was LOST.

Cllr Hirst MOVED and Cllr McCheyne SECONDED a second AMENDMENT

to Recommendation 1 as follows:

To add to the Terms of Reference (Appendix A) for the Emergency Committee an additional paragraph - Paragraph 14 to read: "For clarity, the Emergency Committee may not change the decisions made at the meeting of Extraordinary Council on 29 April 2020."

Cllr Hossack DID NOT ACCEPT the AMENDMENT and following a discussion Members voted and the AMENDMENT was CARRIED, becoming part of the SUBSTANTIVE MOTION.

Cllr Hirst MOVED and Cllr McCheyne SECONDED a third AMENDMENT to remove Recommendation 3, as follows:   To agree to suspend the six-month rule in relation to Members attending meetings of the Council and the Committees on which they serve, pursuant to Section 85 (1) of the Local Government Act 1972. This will be reviewed by the Monitoring Officer on a monthly basis, and will follow the Government guidance and legislation when determining if it no longer apply.

Cllr Hossack DID NOT ACCEPT the AMENDMENT and following a debate Members voted and the AMENDMENT was LOST.

Cllr Mynott expressed concern at the disproportion in the allocation of seats between political groups in the proposed Emergency Committee and MOVED and Cllr Aspinell SECONDED that membership  be increased to 10 from 9.   Having consulted with the Monitoring Officer Cllr Hossack ACCEPTED the AMENDMENT to include wording in the relevant recommendation to reflect this change in membership of the Emergency Committee.

Cllr Dr Tim Barrett MOVED and Cllr Morrissey SECONDED an AMENDMENT that any constitutional changes made at this meeting be reviewed at the 7 October 2020 Ordinary Council meeting should it take place.

Cllr Hossack ACCEPTED the AMENDMENT and it became part of the SUBSTANTIVE MOTION.

Following further discussion Cllr Hossack proposed to insert some additional wording in the recommendations. Members voted and it was RESOLVED:

1.         To agree the Terms of Reference (Appendix A) for the Emergency Committee. (Appended to these minutes for clarity).

 

            Subject to the inclusion of:

Paragraph 14, add: "For clarity, the Emergency Committee may not change the decisions made at the meeting of Extraordinary Council on 29 April 2020.

 

To agree the Terms of Reference (Appendix A) to change the membership of the Emergency Committee from 9 to 10, to reflect the political balance at the time of calling the meeting. That the Monitoring Officer is given delegated authority to make the consequential amendment to the Terms of Reference

 

2.         To agree to include the Emergency Committee within the Council Constitution at Chapter 3 at 2.10 and to agree the changes of the Council’s Rules of Procedure at Part 4 of the Constitution as set out in Appendix D and that these changes will be reviewed at the Ordinary Council (should it convene as planned) on 7th October 2020.

 

3.         To agree to suspend the six-month rule in relation to Members attending meetings of the Council and the Committees on which they serve, pursuant to Section 85 (1) of the Local Government Act 1972. This will be reviewed by the Monitoring Officer on a monthly basis, and will follow the Government guidance and legislation when determining if it no longer apply.

 

4.         To agree the proposed calendar of meetings for 2020/21 (Appendix B).

 

5.       To agree the holding of remote meeting in compliance with the Regulations for as long as it necessary.  The Regulations are time barred and cease to have effect on the 7 May 2021, unless extended by further legislation.

 

6.         To agree the Chief Executive to summons remote meeting as necessary and develop the required protocols and procedure to hold remote meeting.

 

 

 

 

 

 

 

Supporting documents: