Agenda item

Motion - The following motion has been submitted in accordance with Council Procedure Rule 3.40 by Cllr Tony Riordan:-

“Change to Constitution

 

Call-in provides a mechanism for councillors to intervene when they feel that a decision being made by the executive

needs to be revisited (or possibly changed). The use of call-in can also be seen to be embarrassing and frustrating to

a local authority and its leadership. However, it provides a key check and balance in the leader/cabinet system of

governance – a long-stop that, in theory, prevents the overweening exercise of power by Cabinet. It should, however,

be regarded as a measure that is only needed in exceptional circumstances, rather than day-to-day.

 

Paragraph 1.35, Council Constitution.

 

Decisions of Stockton Borough Council will usually be made in accordance with the following principles:

• proportionality (i.e., the action must be proportionate to the desired outcome).

• due consultation and the taking of professional advice from Officers.

• respect for human rights and equality of opportunity.

• a presumption in favour of openness.

• clarity of aims and desired outcomes; and

• an explanation of what options have been considered and giving the reasons for decisions.

 

This motion is aimed at improving the principles, ensuring that call-in is still used in exceptional circumstances, but

not making it almost impossible, as it is at present.

 

There can be a perception among members that call-in can be used to reverse a decision. It is important to

emphasise that this is not the case. More often the challenge is on the quality of the information provided and

accessed by the decision maker to arrive at what should be a robust and evidence-based decision.

Stockton Borough resolves to amend the Constitution by inserting the following at paragraph 1.35,

 

• relevant matters have not been ignored,

• clarity and explanation of information provided,

• the merits of the decision,

Minutes:

The following motion had been submitted in accordance with Council Procedure Rule 3.40, moved by Councillor Tony Riordan, seconded by Councillor Niall Innes:-

 

“Change to Constitution

 

Call-in provides a mechanism for councillors to intervene when they feel that a decision being made by the executive needs to be revisited (or possibly changed). The use of call-in can also be seen to be embarrassing and frustrating to a local authority and its leadership. However, it provides a key check and balance in the leader/cabinet system of governance – a long-stop that, in theory, prevents the overweening exercise of power by Cabinet. It should, however, be regarded as a measure that is only needed in exceptional circumstances, rather than day-to-day.

 

Paragraph 1.35, Council Constitution.

 

Decisions of Stockton Borough Council will usually be made in accordance with the following principles:

• proportionality (i.e., the action must be proportionate to the desired outcome).

• due consultation and the taking of professional advice from Officers.

• respect for human rights and equality of opportunity.

• a presumption in favour of openness.

• clarity of aims and desired outcomes; and

• an explanation of what options have been considered and giving the reasons for decisions.

 

This motion is aimed at improving the principles, ensuring that call-in is still used in exceptional circumstances, but not making it almost impossible, as it is at present.

 

There can be a perception among members that call-in can be used to reverse a decision. It is important to emphasise that this is not the case. More often the challenge is on the quality of the information provided and

accessed by the decision maker to arrive at what should be a robust and evidence-based decision.

 

Stockton Borough resolves to amend the Constitution by inserting the following at paragraph 1.35,

 

• relevant matters have not been ignored,

• clarity and explanation of information provided,

• the merits of the decision,

 

Moved by Councillor Niall Innes, seconded by Councillor Lynn Hall that the substantive motion be amended as follows:-

 

“Change to Constitution

 

Call-in provides a mechanism for councillors to intervene when they feel that a decision being made by the executive needs to be revisited (or possibly changed). The use of call-in can also be seen to be embarrassing and frustrating to a local authority and its leadership. However, it provides a key check and balance in the leader/cabinet system of governance – a long-stop that, in theory, prevents the overweening exercise of power by Cabinet. It should, however, be regarded as a measure that is only needed in exceptional circumstances, rather than day-to-day.

 

Paragraph 1.35, Council Constitution.

 

Decisions of Stockton Borough Council will usually be made in accordance with the following principles:

• proportionality (i.e., the action must be proportionate to the desired outcome).

• due consultation and the taking of professional advice from Officers.

• respect for human rights and equality of opportunity.

• a presumption in favour of openness.

• clarity of aims and desired outcomes; and

• an explanation of what options have been considered and giving the reasons for decisions.

 

This motion is aimed at improving the principles, ensuring that call-in is still used in exceptional circumstances, but not making it almost impossible, as it is at present.

 

There can be a perception among members that call-in can be used to reverse a decision. It is important to emphasise that this is not the case. More often the challenge is on the quality of the information provided and

accessed by the decision maker to arrive at what should be a robust and evidence-based decision.

 

Stockton Borough resolves to amend the Constitution by inserting the following at paragraph 1.35,

 

• relevant matters have not been ignored,

• clarity and explanation of information provided,

 

A vote took place and it was agreed that the amendment be carried and therefore the amendment became the substantive motion.

 

No further amendments were moved so a vote then took place on the substantive motion.

 

The substantive motion was carried as follows:-

 

“Change to Constitution

 

Call-in provides a mechanism for councillors to intervene when they feel that a decision being made by the executive needs to be revisited (or possibly changed). The use of call-in can also be seen to be embarrassing and frustrating to a local authority and its leadership. However, it provides a key check and balance in the leader/cabinet system of governance – a long-stop that, in theory, prevents the overweening exercise of power by Cabinet. It should, however, be regarded as a measure that is only needed in exceptional circumstances, rather than day-to-day.

 

Paragraph 1.35, Council Constitution.

 

Decisions of Stockton Borough Council will usually be made in accordance with the following principles:

• proportionality (i.e., the action must be proportionate to the desired outcome).

• due consultation and the taking of professional advice from Officers.

• respect for human rights and equality of opportunity.

• a presumption in favour of openness.

• clarity of aims and desired outcomes; and

• an explanation of what options have been considered and giving the reasons for decisions.

 

This motion is aimed at improving the principles, ensuring that call-in is still used in exceptional circumstances, but not making it almost impossible, as it is at present.

 

There can be a perception among members that call-in can be used to reverse a decision. It is important to emphasise that this is not the case. More often the challenge is on the quality of the information provided and

accessed by the decision maker to arrive at what should be a robust and evidence-based decision.

 

Stockton Borough resolves to amend the Constitution by inserting the following at paragraph 1.35,

 

• relevant matters have not been ignored,

• clarity and explanation of information provided,