Lambeth amends constitution

Lambeth held its first virtual council meeting – annual council – during which it approved changes to the constitution. 

These included removing the asset management cabinet advisory panel, upping the pensions committee chair’s allowance from nothing to £5,000, allowing council meetings to be held online, and taking away the requirement to hold an annual meeting until May 7, 2021, when the new local government laws, which allow meetings to be held remotely, end.  

But Green opposition councillor Jonathan Bartley put forward two points of order arguing that no reasons were given for the changes, which he said was “unconstitutional”.  

He also said the changes, which include giving the chief executive powers to take control over decisions, lacked scrutiny.

Pointing to the page of the constitution which deals with access to information procedure rules, Cllr Bartley said: “This is about all reports that are presented requiring decision needing to have reasons given.

“[…] Although there is a section in the report entitled proposals and reasons, there are no reasons given in this report for the amendments to the constitution … it isn’t that there are aren’t comprehensive reasons given, it’s just that there are no reasons for these changes, with the one exception, which is the online meeting changes.  

“This is unconstitutional … I don’t see how as a council we can make this decision when it is clearly breaking the constitution to do so without the reasons given.” 

Both of Cllr Bartley’s points of order, relating to a lack of reasons given, were rejected by the newly elected mayor, Cllr Philip Normal.  

Monitoring officer Alison McKane said she was “aware” of Cllr Bartley’s concerns. 

“But having considered his points, it doesn’t appear to me that there is any material breach of the council’s constitution which would render any decision unlawful on this item. 

“I therefore recommend that the mayor notes Cllr Bartley’s concerns and allows the report to be voted on,” she said.  

After congratulating the mayor on his election and officers for “all they have done” amid the outbreak, Cllr Bartley said he understood there needs to be “swift and effective decision making in times of emergency,” but criticised the decision to give more powers to the chief executive.  

“There is a major change here which hands significant power to the chief exec that I would like to draw the council’s attention to and urge the council not to approve, but simply to postpone this decision so it can have proper scrutiny.  

“We all acknowledge that scrutiny is really crucial to us making good decisions.  

“Under the proposed change, the chief exec could take on the decision-making powers of the leader of the council, the cabinet, or any council officer.  

“These powers that are invoked, not on the say so of the leader of the council, but on the say so of the chief executive themselves.  

“That’s not to cast aspersions on the current chief executive, who is doing a great job, but to point out that any future chief exec could seize decision making power and the elected council leader could not stop this, no one could stop it.  

“The criteria for the chief executive to take decision making power from the leader of the council or cabinet is very wide-ranging, not limited to an emergency situation, or even an urgency situation, but a situation simply in which the chief executive considers it’s expedient and necessary to do so.  

“The decision was not brought to the constitutional working group for discussion, this is the place where constitutional changes would normally be discussed before coming to council.  

“So there’s been no scrutiny at all on these changes.” 

The approved change to constitution states: “To the extent permitted by law, any function may be exercised by the Head of Paid Service notwithstanding its delegation to the Cabinet, Cabinet Member or another Director where, in the opinion of the Head of Paid Service, it is necessary and expedient in the circumstances to do so and in consultation with the Leader of the Council.” 

Leader Cllr Jack Hopkins said Cllr Bartley’s claims were “overblown”.  

“I don’t know if Cllr Bartley is aware but we are in the midst of an international, worldwide crisis. 

“What he’s characterised and what he’s said around the rules are wildly rhetorical and blown out of proportion. 

“Almost every other council in the country has these sorts of motions and provisions and we found that they weren’t contained within our constitution so we’re adopting them.  

“Every decision that’s been made through the crisis has been cleared with me, it’s been cleared with the relevant cabinet members,” he said.  

Backing the changes, he added: “I think it’s sad at this time that Cllr Bartley hasn’t got enough to do and he’s digging around in constitutional matters and wording when what is necessary here is action.  

“We’re tidying up the consitition, we’re still maintaning democratic accountabiltiy, we’ve got a call-in next week so I think his concerns are overblown and one for headlines.” 

The changes were voted for by 18 councillors to six.