Agenda item

Constitutional review 2011/12

Minutes:

(See pages 47-104 of the main agenda)

 

The Mayor stated that in accordance with council assembly procedure rule 2.11(2), this being an officer report, the recommendations set out in the report were deemed to have been moved and were subject to amendment only.

 

The Mayor announced she had received an amendment to Appendix 5, page 102 – Time limit for deputations.  Councillor Paul Noblet, seconded by Councillor Catherine Bowman, moved Amendment B.  Following debate (Councillors Helen Morrissey and Althea Smith), Amendment B was put to the vote and declared to be lost.

 

The Mayor announced she had received a second amendment to this report which was in four parts: deletion of the themed section of a meeting; not changing the area of any community council without the consent of every elected member of the relevant community council areas; power of community council chairs to agree all agendas; and, allowing community councils to decide on all discretionary services delivered in their area and setting spending within its own administrative budget. 

 

Councillor Jonathan Mitchell, seconded by Councillor Jeff Hook, moved Amendment C.  Following debate (Councillors Lisa Rajan, Peter John, Lewis Robinson, Paul Noblet, Mark Glover, Tim McNally, Abdul Mohamed, Richard Livingstone, Adele Morris, Rowenna Davies, Anood Al-Samerai and Victoria Mills), Amendment C was put to the vote and declared to be lost.

 

Following debate (Councillor Jonathan Mitchell), the substantive motion was put to the vote and declared to be carried.

 

RESOLVED:

 

That the following constitutional changes recommended by the constitutional steering panel be adopted by council assembly:

 

Article 6: Deputy cabinet members

 

1.  That the necessary constitutional changes as set out in paragraphs 28 and 30 of the report be agreed to allow the leader to designate deputy cabinet members to work with cabinet members on specific tasks.

 

2.  That the provisions in Article 6.4 in “Other cabinet members” relating to assistant cabinet members be deleted as the role is no longer necessary since deputies would be able to act (see paragraph 29 of the report).

 

Article 6: Delegation of executive functions

 

3.  That in line with the existing strong leader arrangements, it be agreed that Article 6.8 on “Delegations by the leader” be amended to include reference to the leader’s discretion during the course of the year to notify the monitoring officer of any changes to executive scheme of delegation (see paragraph 32 of the report). 

 

Part 3: Executive scheme of delegations

 

4.  That it be noted that any changes to the executive scheme of delegation reported as part of the leader’s address to council assembly on cabinet member responsibilities, portfolios and other delegations be noted and formally incorporated into the constitution for 2011/12.

 

5.  That the changes to the executive scheme of delegation set out in paragraphs 35-36 of the report be noted.

 

Part 3F: Planning Committee – Policy documents

 

6.  That the change to the matters reserved to the planning committee as set out in paragraph 40 of the report be agreed.

 

Part 3G: Licensing Committee – Street trading and marketing

 

7.  That council assembly adopts the changed legislative framework governing Southwark’s Street trading activities with 5 or more pitches from London Local Authorities Act 1990 as amended to Part lll of the Food Act 1984 from this date, and that the full operational change comes into effect following implementation of necessary byelaws. These byelaws are necessary to ensure that the trading licence conditions and other market regulations are observed, following the change from London Local Authorities Act 1990 as amended.

 

8.  That Part 3G on the licensing committee be amended, as set out in paragraph 44 of the report, in respect to market and street trading matters to reflect the change to the legislative framework. This change in authority will also come into effect following implementation of necessary byelaws as outlined in resolution 7 above and paragraphs 41-44 of the report.

 

Part 3M: Standards Committee – Withholding of allowances

 

9.  That a new clause on the withholding of allowances be included in the roles and functions of the standards committee as set out in paragraph 46 of the report.

 

Council Assembly Procedure Rules

 

10.  That procedure rules on the themed debate be amended by deleting the reference to members’ questions from council assembly procedure rule 2.7(3), 3rd bullet point (see paragraph 51 of the report).  Rule 2.7(9) on motions and questions would also be amended to remove reference to questions.

 

Deputations - Deadlines

 

11.  That the deadline for deputations for cabinet, community councils and all committees be unified at three clear working days (see paragraphs 52-53 of the report).

 

Contract Standing Orders

 

12.  That the changes to contract standing orders as described in paragraph 55 and as set out in full in Appendix 3 of the report be agreed.

 

Financial Standing Orders

 

13.  That the changes to financial standing orders as described in paragraph 58 and as set out in full in Appendix 4 of the report be agreed.

 

Consequential changes

 

14.  That officers be authorised to undertake any consequential and cross referencing changes arising from changes to the constitution (see paragraph 60 of the report).

 

Following agreement of resolution 1, at this juncture Councillor Peter John announced that he intended to designate the following members as deputy cabinet members to work on the following tasks:

 

Deputy cabinet member for estate regeneration – Councillor Neil Coyle

 

To act as an advocate for those impacted by significant regeneration schemes and tenants and residents who live on Southwark’s estates in need of most significant investment.  To work with the deputy leader and cabinet member for housing management to represent the interests of and work with the community while the council makes every council home warm, dry and safe.  To work with the cabinet member for regeneration and corporate strategy to represent the interests of and work with those people who live in the Elephant & Castle and Aylesbury areas as the regeneration is taken forward.

 

Deputy cabinet member for active citizens – Councillor Michael Situ

 

To act as an advocate for Southwark residents who are actively and directly involved in their local community.  To work with the cabinet member for health and adult social care to represent the interests of and work with older people as changes to the council’s provision are made.  To work with the cabinet member for transport, environment and recycling to represent the interests of and work with cyclists and pedestrians as changes are made to our streets and pavements.

 

Deputy cabinet member for families – Councillor Renata Hamvas

 

To act as an advocate for families in Southwark. To work with the cabinet member for children’s services to represent the interests of and work with parents and children going through the school admissions process as it improves.  To work with the cabinet member for regeneration and corporate strategy to represent the interests of and work with those people who are out of work while the council looks to find new ways of tackling unemployment.

 

Deputy cabinet member for Southwark's heritage – Councillor the Right Revd Emmanuel Oyewole

 

To act as an advocate of residents with a stake and interest in Southwark heritage.  To work with the cabinet member for culture, leisure, sport and the Olympics to represent the interests of and work with residents who value our local heritage as Southwark sees further transformation.  To work with the cabinet member for equalities and community engagement to celebrate all of the communities that contribute to the rich diversity of our local heritage.

 

Following points of order from Councillors Jonathan Mitchell and James Barber, the strategic director of communities, law and governance provided advice on the role of deputy cabinet members.

Supporting documents: