Stable Doors and Bolted Horses

In the Horfield ROSE complaints document which was presented to the Bristol City Council in March, complaints numbers 34 to 37 concerned the handling of substitutions at the Development Control Committee meeting on 17th January 2007 where the the Rovers stadium redevelopment application was considered.
Councils have rules and codes of conduct in addition to national laws that they must abide by. In the case of appointing substitutes for council committees there are points made in the Local Government Acts of 1972 and 2000.
The Local Government Act 2000 does not allow for substitute or co-opted members of an executive but Councils may wish to consider the appointment of substitute members to other committees. ... as Committees require to be appointed by full Council under Section 102 of the Local Government Act 1972, any scheme of appointment of substitutes which is not specifically approved by the full Council is likely to be [legally] vulnerable.
The councils own "Committee Procedure Rules" are referred to as both CMR and CPR and have section numbers for individual rules. The minutes of the meeting of Bristol City Council held last year on 16th may 2006 at 2:00 p.m. the following:
Substitutes
17. In accordance with CPR1.2 (iii) and CPR4 in addition to deciding the allocation of seats to political groups, the city council is also required to decide substitute arrangements.
18. CPR4.2 provides:
“For each committee or sub-committee, the full Council will appoint the same number of substitutes in respect of each political group as that group hold ordinary seats on that committee or sub-committee.
RECOMMENDED - the city council is recommended:
(i) to approve the allocation of committee seats as set out above;
(ii) to nominate members (including substitutes) to serve on the committees (in accordance with the agreed political balance) for the 2006 / 2007 municipal year;
However, substitutes were not allocated for a number of committees including the Development Control committees. This is a serious issue and the fact that substitutions were made for the DCC meeting on the 17th of January puts the legitimacy and legality of the decision in doubt.
Whilst Stephen McNamara (Bristol City Council Head of Legal Services) has repeatedly blustered that the legality of the decision is not in doubt it is very interesting that this year he is not handling the appointment of substitutes as a mere agenda item on a full council meeting, but has instead made this part of the Legal Officers Annual Report (page 11) and has strengthened the language to ensure that substitutes are appointed by the full council and by a certain deadline.
If the council's position was so strong, why then are they taking extra steps this year to ensure they do have appointed substitutes when last year, according to them, it did not matter? This definitely looks like a case of locking the stable door after the horse has bolted.
The following are the complaints that have been made to the council on this matter.
Complaint Number 34.
The substitution of Councillor Cooper by Councillor Sykes was confirmed by the Liberal Party Members Support Officer. This procedure is not in accordance with CRM4 in that substitute members for all committees (except executive) are appointed by full council. This is confirmed by the minutes of the full council meeting of the 16th May.
Complaint Number 35.
The submission of a statement in Councillor Kerry’s name by the Conservative Group had precluded the said Councillor from taking part in the Development Control Meeting of the 17th January (referred to Standards Committee 15th February. See also Complaint number 10).
Councillor Kerry subsequently resigned from the DC Committee a few hours before the meeting. This was known to members and officers before the meeting, and a substitute should not have been allowed in such circumstances as there could be doubt of impartiality, and there are no constitutional rules to cover this situation. Also, the minutes of the meeting should not have received Apologies from Councillor Kerry, but should have noted his resignation.
Complaint Number 36.
The third substitution, Councillor White substituting for Councillor Malik took place just ‘moments’ before the start o the meeting, and is contrary to CMR4. Again Bristol City Council failed to maintain its constitution in this case.
Complaint Number 37.
There is currently one substitute for the Development Control (Central) Committee, and none appointed to other Development Control Committees. The Development Control (North) meeting of the 17th January had three substitutes appointed by Party Groups for the meeting, which is contrary to CRM4. Bristol City Council has failed to ensure the method of member substitution for Development Control committees is clearly seen to be open and impartial.
Quoting from the Bristol City Council constitution, part 5, section D: “The successful operation of the planning system relies on ensuring that councillors and officers involved in its operation act in a way that is not only lawful, fair and impartial, but is also clearly seen to be so. The council acknowledges that the public is entitled to expect the highest standards of conduct and probity by all persons holding public office.”
















