Issue - meetings

The Corporate Director of Resources reported that in respect of local authority governance arrangements, the Local Government and Public Involvement in Health Act 2007 has amended the Local Government Act 2000 to the extent that only two models of executive are now permissible, either a strengthened Leader and Cabinet, or a directly elected Mayor.

The Executive at its meeting in September 2009 agreed in line with the requirements of the legislation to undertake a public consultation exercise on the Council’s favoured model of a strengthened Leader and Cabinet, with a view to formal adoption by the Assembly by 31 December 2009, for implementation from midnight on 9 May 2010.

The outcome of the public consultation exercise whilst not generating any significant interest indicated that there was no justification to alter the Council’s preferred option. We have had regard to the key features/differences of a strengthened Leader and Cabinet including that the Leader will be appointed for a four year term, and that he/she will have the power to appoint and dismiss Cabinet members as they so determine.

In order for the Council to comply with its statutory duties under the Local Government and Public Involvement in Health Act 2007 (LGPIH 2007) we have agreed that:

  (i)  the Executive will be the new indirectly elected Leader and Cabinet model;

  (ii)  the size of the Cabinet should remain at 10 although the final decision will, by law, be taken by the newly elected Leader following the Annual Assembly in May 2010;

  (iii)  the power to remove the Leader at any time be by way of a vote of confidence to be taken at the Assembly; and

  (iv)  any consequential changes brought about by (i), (ii) and (iii) above should be incorporated into the Council’s Constitution for subsequent approval by the Assembly to take effect from 9 May 2010.

We have also noted the proposed decision making arrangements to ensure the business of the Council can continue to be conducted between the time that the new executive model comes into force at the end on 9 May 2010 and the Annual Assembly provisionally planned for 26 May 2010.

Further to Minute 58 (8 September 2009), received a report from the Corporate Director of Resources on the outcome of the public consultation on the proposed new executive arrangements for the Council and the steps to be taken to formally adopt the preferred model by 31 December 2009, for implementation in May 2010.

Agreed, in order for the Council to comply with its statutory duties under the Local Government and Public Involvement in Health Act 2007 (LGPIH 2007), to:

(i)  Reaffirm, in light of the outcome of the public consultation, the decision taken by the Assembly in May 2007 to support the model of a strengthened indirectly elected Leader and Cabinet as summarised in paragraph 3.3 of the report; and

(ii)  Recommend the Assembly, at its specially convened meeting on 9 December 2009, to:

(a)  ratify that decision, which shall become effective from the third day after the Municipal elections in 2010 (at midnight on 9 May 2010),

(b)  agree that the power to remove the Leader at any time by way of a vote of no confidence be vested in the Assembly, and

(c)  agree that any consequential changes arising from this decision be incorporated into the Council’s Constitution at the appropriate time.