Gary Cowan had asked the Leader of the Council the following question but as he was not in the meeting when the question was asked the following written response was provided:
Question
If, as the letter from the Council to all Members indicates that Council can make changes; the restriction on Executive membership and the Leader on the Standards Committee is not a legal requirement but is a local choice adopted by full Council. The letter continued to add that the decision to appoint the Subcommittee in that form and with that membership was decided by a simple majority of the members present and voting (as required by section 39 of Schedule 12). Any decisions the Committee made subsequently are made with the Council’s authority, are lawful and are binding.
My question is why bother to have a Constitution, when if it's the law the Council must abide by it, but if it's not, Council can just change it as recent events have shown?
Minutes:
Question
If as the letter from the Council to all Members indicates that Council can make changes the restriction on Executive membership and the Leader on the Standards Committee is not a legal requirement but is a local choice adopted by full Council. The letter continued to add that the decision to appoint the Subcommittee in that form and with that membership was decided by a simple majority of the members present and voting (as required by section 39 of Schedule 12). Any decisions the Committee made subsequently are made with the Council’s authority, are lawful and are binding.
My question is why bother to have a Constitution when if it's the law the Council must abide by it but if it's not Council can just change it as recent events has shown?
Answer
I too have many questions on how Local Government works, but sadly it is not a matter for here, it is a matter for Westminster.
You have been a Councillor for a lot longer than I and are aware that modifications are made to the Constitution on a continuous basis by full Council; so, the question is a little disingenuous.
The modifications are required by statute, or by a request of Councillors or Officers through the Constitution Review Working Group.
Any change is always in the full light of a full Council meeting and can be contested publicly by any Member.
The case to which you are referring would not have occurred if any Member had queried the appointments, but for twenty-one months it was unchallenged. Once challenged, I acted immediately to ensure that the Constitution was not anomalous, even though the advice was that it was not strictly necessary.
As you are aware, it was an honest mistake for which I have already apologised to Council.