Agenda item

Report of the Chairman of the Constitution Committee.                (Enclosure)

Decision:

That the Council approves the following changes to the Constitution:

1.1       Powers Delegated to officers

Amendment of the Constitution to delegate to the Executive Manager Environment (formerly Operations Director) and the Head of Housing and Neighbourhood the authority to use the powers set out in the Anti-social Behaviour, Crime and Policing Act 2014  (which comes into force  on 20th October 2014), as follows:

·         Constitution – Part 3 Operations Director  – ‘Waste Services’  -amend to Executive Manager Environment and at paragraph 1,  after “...in respect of the following statutes” insert:-

“including the provisions as provided and amended by the Anti-Social Behaviour, Crime and Policing Act 2014”

·         Constitution – Part 3 – Operations Director ‘Waste Services’  - amend to Executive Manager Environment and at the end of paragraphs 3,4 and 5 insert:

“as provided and amended by the Anti-Social Behaviour, Crime and Policing Act 2014”

·         Constitution  – Part 3 – Operations Director – amend to Executive Manager Environment and at  ‘Community Safety’ remove paragraph 1 and replace with:

“Authorised and to authorise officers to exercise any of the powers in relation to anti-social behaviour as set out in the Anti-Social Behaviour, Crime and Policing Act 2014 (and any amendments) and authorised to delegate power to officers and  Lincolnshire Police (including Police Community Support Officers) to issue Fixed Penalty Notices on behalf of the Council.”

·         Constitution – Part 3 “Head of Housing & Neighbourhoods”  at the end of  paragraph 12 insert:

“including the  provisions as provided  and  amended by the Anti-Social Behaviour, Crime and Policing Act 2014”     

1.2       Council Procedure Rules

Members’ Conduct - delete clause 21.7   at page 138 – ‘Recording of meetings’

1.3      Protocol Concerning the Recording of Public Meetings in the Council Chamber.

a)    At page 305 delete the words – “it is intended that Council Procedure Rules will be amended to preclude any other form of audio recording of meetings when the official system is operative.”

b)    At page 305 – paragraphs 5 and 6 – ‘Ownership’, add the words “made by the Council” after the word “recordings”

The Chairman of the Constitution Committee proposed the recommendations in report number LDS134. He explained that the recommendations that related to the Anti-Social Behaviour, Crime and Policing Act 2014; the amendments had been brought to this meeting of the Council so that delegations were in place in preparation for the Act coming into force on 20 October 2014. He informed Councillors that the legislation was designed to help officers deal with incidents more effectively and provide better protection for victims and the wider community. He also informed Members that at its meeting on 8 September 2014, the Committee also considered changes to the Constitution that were required by the Openness of Local Government Bodies Regulations 2014, which came into force on 5 August 2014 and permitted anyone attending meetings of the Council to record, film, photograph and use social media during Council meetings.

The Councillor seconding the proposition highlighted how the provisions within the Anti-Social Behaviour, Crime and Policing Act simplified the powers already in place, reducing 19 powers to 6, many of which related to civil enforcement.

Two Councillors spoke in favour of the principle behind the requirements of the Openness of Local Government Bodies Regulations 2014 so long as meetings were not disrupted. It was highlighted that Councillors who chose to take advantage of these provisions needed to ensure they paid full attention to the decisions they were making. It was suggested that any devices should be used in silent mode and that, as a courtesy, anyone intending to record might notify those present.

A vote was taken on the part of the proposition that related to the Anti-Social Behaviour, Crime and Policing Act 2014, which was carried unanimously.

A vote was then taken on the parts of the proposition that related to the Openness of Local Government Bodies Regulations 2014, which was also carried unanimously.