Agenda item

To receive a report from the Constitution Review Working Group relating to a proposed Protocol for Holding Virtual Meetings.

RECOMMENDATION that:

1)        the Protocol for Holding Virtual Meetings, as attached as Appendix A to the report, including changes to the rules contained in the Council’s Constitution be adopted for all Council meetings that are held virtually; and

2)        the Protocol for Holding Virtual Meetings be confirmed as an addendum to the Constitution until such time as Regulations state that virtual meetings are no longer permissible;

3)         that it be noted that the Planning Committee intends to review its rules relating to public participation in August with a view to reporting back to Council in September;

4)         that Rule 4.2.15.3 of the Constitution, relating to the requirement to have a show of hands, be suspended to allow for the various voting methods contained in the Protocol to be utilised, if required, at this meeting.

The Council considered a report from the Constitution Review Working Group (CRWG), set out at Agenda pages 49 to 72, which proposed a Protocol for Holding Virtual Meetings.

The report stated that the proposed Protocol provided guidance for the public on how virtual meetings would be conducted. It also included changes to the rules set out in the Council’s Constitution, primarily relating to public participation at Planning Committee meetings and the adoption of different methods of voting.

The principal aim of the Protocol was to facilitate as many of the rules and procedures contained in the Council’s Constitution as possible, whilst recognising the limitations and challenges presented by virtual meetings.

Section 6 of the Protocol set out specific rules relating to Member and public participation at Planning Committee meetings. These included proposals for members of the public to be able to provide input into the decision making process through written rather than verbal representations.

CRWG raised concerns about the proposed change to public participation at Planning Committee meetings and felt that verbal representations should continue. The Chairman of the Planning Committee had agreed that the rules around public participation would be reviewed at its meeting in August 2020, with a view to reporting back to the September 2020 Council meeting.

The recommendations in the report were proposed by Chris Smith and seconded by John Halsall.

It was proposed by Lindsay Ferris and seconded by Clive Jones that the proposed recommendations in the report be amended as follows (proposed changes in bold italics):

“The Constitution Review Working Group recommend that Council agree:

1)         that the Protocol for Holding Virtual Meetings, as attached as Appendix A and with the addition of the following wording to Section 6: “To be in force until the Planning Committee decides otherwise at a Special Meeting of the Committee to be held in July”, including changes to the rules contained in the Council’s Constitution will be adopted for all Council meetings that are held virtually; and

2)         that the Protocol for Holding Virtual Meetings will be confirmed as an addendum to the Constitution until such time as Regulations state that virtual meetings are no longer permissible;

3)         that it be noted that the Planning Committee intends to review its rules relating to public participation in August with a view to reporting back to Council in September.  That the Planning Committee discusses at a special meeting the restoration of speaking rights for applicants, objectors, town and parish councils and ward members and agrees how this would be managed, with a view to having the changes in place for its August meeting;

4)         that Rule 4.2.15.3 of the Constitution, relating to the requirement to have a show of hands, be suspended to allow for the various voting methods contained in the Protocol to be utilised, if required, at this meeting.”

Lindsay Ferris stated that there was concern about the current lack of ability for applicants, objectors, Town and Parish Councils and ward Members to speak at the Planning Committee. It was felt that this facility should be restored as quickly as possible as it was an important part of transparency and an indicator of public confidence in an effective democratic process.

Simon Weeks, Chairman of the Planning Committee, stated that the current, interim arrangements would be reviewed at the meeting in August 2020. In the meantime, there was a risk that the proposals in the amendment could disadvantage members of the public who did not have reliable access to or confidence in using video conferencing technology.

Chris Smith stated that he did not accept the proposed amendment.

Prior to the vote being held, six Members, in accordance with Rule of Procedure 4.2.15.5, requested that a recorded vote be taken on the proposed amendment.

The voting was as follows:

The Council then voted on the proposed recommendations in the report.

Upon being put to the vote, it was:

RESOLVED that:

1)     the Protocol for Holding Virtual Meetings, appended to the report, including changes to the rules contained in the Council’s Constitution, be adopted for all Council meetings held virtually;

2)     the Protocol be confirmed as an Addendum to the Constitution until such time as Regulations state that virtual meetings are no longer permissible;

3)     it be noted that the Planning Committee intends to review its rules relating to public participation at its meeting in August 2020 with a view to reporting back to the Council in September;

4)     Rule 4.2.15.3 of the Constitution, relating to the requirement for voting through a show of hands, be suspended to allow for the various methods contained in the Protocol to be utilised, if required, at this meeting.