DISPUTES over when councillos are allowed to vote are set to be clarified by the changes to a council’s rules.
A review has drawn up a series of proposed amendments to the constitution, or the rules, of Monmouthshire County Council including one intended to address rows caused when councillors miss parts of meetings.
James Williams, the council’s top legal officer, said in recent meetings there had been questions over whether councillors could vote if they had been absent for part of a meeting, including those councillors who attend meetings online via and video link and often from home.
He said there is nothing in the council’s current constitution, or in legislation, that prevents councillors from voting but an amendment would clarify that, and when a stricter rule needs to be applied for committees that fulfil a part legal, or quasi-judicial, role in deciding planning and licensing applications.
Mr Williams said it is expected councillors will be present for the introduction of an item and the debate but the chair can use their discretion to allow them to vote “if they have not missed material information.”
He told members of the council’s democratic services committee: “This allows a little bit of common sense to be exercised by the chair.”
But he said there could be “no such discretion” for the quasi-judicial meetings due to the the “much wider financial and legal consequences to the council for making those decisions”.
A recent refusal of planning permission, for a house in the countryside officers said was at odds with policy, was overturned when it was discovered a member of the planning committee, attending remotely, had disappeared from their screen during the discussion.
Abergavenny Labour councillor Tudor Thomas said he thought the rule should be strictly applied: “The hybrid meetings (when councillors attend online and in person in the chamber) have become slightly farcical with people saying they’re going to let the dog out or answer the door. It’s very bad PR.”
The chair of the licensing committee said he has been criticised for his strict approach when leading a meeting. He said decisions of the full council can be challenged and councillors shouldn’t be “popping out for whatever reason.”
Labour member for Rogiet, Peter Strong, the council’s vice chairman, warned against being overzealous. He said: “People may need a comfort break and we could run into trouble with the equalities act over illness or even ageing.”
He added: “Members of Parliament can vote to send the country to war without being in the debate at all times so we shouldn’t go over the top on such issues.”
Other changes proposed to the constitution include publishing more decisions made by senior officers, under delegated powers, so councillors can “call them in” before they are implemented and clarifying that opposition group leaders have the opportunity to ask questions at meetings of the ruling cabinet.
Mr Williams said comments from the committee would be fed back to group leaders who will consider the changes.