Constitution Changes Branded ‘Nuts’ at Council Meeting

Changes to the Constitution of the Council were branded ‘nuts’ by Liberal Democrat during a full council meeting held on September 30. Proposed changes alter the way citizens can present petitions and affect the process of scrutinising council decisions.

The number of signatures required for a petition to be presented to Council will be increased from 50 to 250. Accusing the Conservatives of making the council more remote from the people, Leader of the Liberal Democrats Lynne Beaumont said “Since the start of this council we have had four petitions. Why make it more difficult? How will small groups of residents voice their concerns?”

The debate descended into angry scenes as Conservative councillors refuted this. Conservative Councillor Malcom Dearden responded that to allow petitions of only 50 signatories would be “counter-productive and counter-democratic.”

Liberal Democrat councillors were reminded that in 2004 a petition of over 20,000 signatures protesting against the closure of public conveniences was collected against a Liberal Democrat administration. Struggling to be heard over the ensuing cheers and jeers in the chamber, Cllr. Beaumont protested that the petition referred to a “different council”.

Changes to the call-in-procedure, which allows certain decisions to be reconsidered, provoked further sharp exchanges. Under the proposed changes to call in decisions at least two points from the following list will have to be fulfilled:

· the decision is claimed to be outside or contrary to the budget and policy framework.
· there was inadequate consultation with stakeholders prior to the decision.
· there was inadequate evidence on which to base the decision.
· the action is not proportionate to the desired outcome.
· there is a potential human rights challenge.
· there is insufficient consideration of the advice of the statutory officers.

Liberal Democrat Councillor Matthews expressed disbelief at the change noting the changes appear to mean that a possible human rights challenge is not enough for a decision to be called in. “This is nuts, and places the Council at risk” he said.

The changes to the constitution are part of a wider debate on democracy in the district and provoked strong comments from Conservatives and Liberal Democrats in letters to local papers and postings on internet homepages. Conservative councillors repeatedly deny Liberal Democrat allegations that they are attempting to stifle debate and limit the opportunities for scrutiny of decisions and public representations and have accused Conservatives of ‘ripping up the Constitution in an arrogant power grab’. (http://shepwaylibdems.org.uk/news/001543/shepway_conservatives_rip_up_council_constitution_in_arrogant_power_grab.html)

Edit 19 October - Responding to questions from 'From under the stone' for opinions on the changes after the meeting, Cllr Matthews stated that the change to rules on petitions "just pushes the public further away - its as if their views are just not wanted," and that the Council is "arrogant, uncaring, and bluntly, undemocratic."

The Conservatives have not responded to similar questions.

Report A/09/08 – Review of the Constitution.
http://www.shepway.gov.uk/webapp/service/cads/doc/council/Reports/rcoun20090930%20Review%20of%20the%20Constitution.doc?download=download