Issue - meetings

An extraordinary meeting of the Overview and Scrutiny Committee is scheduled to take place immediately before the meeting of Cabinet to consider options regarding virtual meetings (report and appendices attached). 

A verbal update will be given to Cabinet on any recommendations arising from the Overview and Scrutiny Committee.

Consideration of recommendations to the Cabinet from the meeting of the Overview and Scrutiny Committee of 27 April 2021, held immediately prior to the meeting.

The Cabinet resolved that:

(1)        in the event that the Borough Council is lawfully able to continue holding remote meetings (as a result of the proceedings brought by LLG/ADSO/ Hertfordshire County Council) then all meetings continue to be held remotely until all social distancing restrictions due to coronavirus are removed or expire;

(2)        in the event that the Borough Council is not lawfully able to continue holding remote meetings, the arrangements set out in the report for holding physical face to face meetings post 7 May 2021 be approved;

(3)        the draft response to the ‘Call for Evidence’ at Annex 2 be approved; and

(4)        the Borough Council continue to livestream all Council meetings.

Decision Notice D210042CAB

Consideration was given to the recommendations from the meeting of the Overview and Scrutiny Committee of 27 April 2021, held immediately prior to the meeting.

RESOLVED: That the recommendations from the meeting of the Overview and Scrutiny Committee of 27 April 2021 be approved as follows:

(1)        in the event that the Borough Council is lawfully able to continue holding remote meetings (as a result of the proceedings brought by LLG/ ADSO/ Hertfordshire County Council) then all meetings continue to be held remotely until all social distancing restrictions due to coronavirus are removed or expire;

(2)        in the event that the Borough Council is not lawfully able to continue holding remote meetings, the arrangements set out in the report for holding physical face to face meetings post 7 May 2021 be approved;

(3)        the draft response to the ‘Call for Evidence’ at Annex 2 be approved; and

(4)        the Borough Council continue to livestream all Council meetings.

This report provides an update on virtual meetings

The report of the Director of Central Services and Deputy Chief Executive provided an update on virtual meetings and asked Members to approve arrangements for the return to face to face meetings post 7 May 2021.  Members were also invited to give consideration to the future streaming of Council meetings.

Members were advised that the judgement on the proceedings brought by Lawyers in Local Government (LLG), the Association of Democratic Services Officers (ADSO) and Hertfordshire County Council to allow virtual meetings to proceed past the 6 May 2021 was expected to be handed down from the High Court on the 28 April 2021.  If the claim was unsuccessful, the default position was that the Council would be required to revert to a fully face to face meeting programme post 7 May 2021.  To allow for the possibility that the pending judgement may allow for the continuation of remote meetings, the Director of Central Services and Deputy Chief Executive put forward the following amendments to the recommendations:

a)    In the event that the Borough Council is lawfully able to continue holding remote meetings (as a result of the proceedings brought by LLG/ ADSO/ Hertfordshire County Council) then all meetings shall continue to be held remotely until all social distancing restrictions due to coronavirus are removed or expire;

b)    In the event that the Borough Council is not lawfully able to continue holding remote meetings, the arrangements set out in the report for holding physical face to face meetings post 7 May 2021 are approved;

c)     The draft response to the ‘Call for Evidence’ at Annex 2 is approved;

d)    The Borough Council shall continue to livestream all Council meetings.

Members discussed the advantages and disadvantages of the continuation of virtual meetings, including the financial implications, health benefits, transparency and accessibility, logistical issues, voting rights and the consequence of a member’s non-physical attendance at a meeting and the positive impact on the Climate Change Strategy.

RECOMMENDED:  That

(i)    In the event that the Borough Council is lawfully able to continue holding remote meetings (as a result of the proceedings brought by LLG/ ADSO/ Hertfordshire County Council) then all meetings shall continue to be held remotely until all social distancing restrictions due to coronavirus are removed or expire;

(ii)   In the event that the Borough Council is not lawfully able to continue holding remote meetings, the arrangements set out in the report for holding physical face to face meetings post 7 May 2021 are approved;

(iii) The draft response to the ‘Call for Evidence’ at Annex 2 is approved;

(iv) The Borough Council shall continue to livestream all Council meetings.

*Referred to Cabinet

Item CB 21/40 referred from Cabinet of 16 March 2021

Item CB 21/40 referred from Cabinet of 16 March 2021

RESOLVED:  That the recommendation at Minute CB 21/40 be approved.

A report relating to virtual meetings and homeworking was considered by the Overview and Scrutiny Committee on 11 March 2021.

Due to the timescale and print deadlines for Cabinet, recommendations arising from the Committee will be circulated to Members in advance of the meeting.

Consideration was given to the recommendations from the meeting of the Overview and Scrutiny Committee of 11 March 2021 (as set out at Minute Number OS 21/10).

RECOMMENDED:   That

(1)             the amended Protocol, at Annex 2, be approved;

(2)             subject to noting the comments related to the use of Chairman’s ‘discretion’, the amended temporary arrangements for Public Speaking, at Annex 2, be approved;

(3)             the Protocol for Use for Video-conferencing Facilities would continue to apply in the event that the Borough Council was lawfully able to hold remote meetings, whether under the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Plan Meetings) (England and Wales) Regulations 2020 or other enabling legislation; and

(4)             support for the continuation of livestreaming of meetings, in whatever format, be noted.

*Referred to Council

This report provides an update to the previous scoping report on virtual meetings and homeworking

The report of the Director of Central Services and Deputy Chief Executive provided an update on the review of virtual meetings and homeworking and set out initial proposals for amendments to the existing Protocol for the Use of Video-conferencing Facilities. 

It was explained that uncertainty around the ability to hold meetings virtually after 7 May 2021 remained as there was no indication from Government that the temporary arrangements would be extended.   This position represented a significant challenge for local authorities as the Government did not intend to review social distancing restrictions until 21 June at the earliest.

As part of the overall review of virtual meetings, Officers had considered whether the effectiveness of the Protocol, attached at Annex 1 to the report, could be improved.  The Chairs and Vice-Chairs of the Area Planning Committees had been consulted on the rules for public speaking at virtual planning committees.

A number of amendments were proposed and included reference to the Borough Council’s Privacy Notice, the retention of live streams for a period of 6 months and clearer processes related to rules for voting, revised motions and the use of a ‘roll call’.

In addition, amendments to the rules for public speaking at planning committees related to the submission of written statements and the removal of points of clarification.  However, Members asked that flexibility around the management of meetings, especially those with public participation, be retained and that the use of Chairman’s ‘discretion’ be allowed.

Members welcomed the ongoing review of virtual meetings and homeworking and reiterated support for the continuation of livestreaming of meetings so that residents were able to observe proceedings in whatever format they were held.

Finally, the Director of Central Services was not in a position to provide a verbal update on the outcome of the Phase 8 bid process, as referenced in paragraph 1.3.4 of the report, as the Secretary of State had not made any formal announcements.

RECOMMENDED:  That

(1)             the amended Protocol, at Annex 2, be approved;

(2)             subject to noting the comments related to the use of Chairman’s ‘discretion’, the amended temporary arrangements for Public Speaking, at Annex 2.1, be approved;

(3)             the Protocol for Use of Video-conferencing Facilities would continue to apply in the event that the Borough Council was lawfully able to hold remote meetings, whether under the Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 or other enabling legislation; and

(4)             support for the continuation of livestreaming of meetings, in whatever format, be noted.

*Referred to Cabinet