Agenda item

A report of the Comptroller & City Solicitor relative to the legal position of the Committee’s Co-opted Members, as regards voting rights and entitlement to stand as a Chairman or Deputy Chairman.

The Committee considered a report of the Comptroller and City Solicitor confirming the legal position of the Committee’s four Co-opted[EW1]  Members as regards voting rights and entitlement to stand as Chairman or Deputy Chairman. The report explained that by virtue of section 13 of the Local Government and Housing Act 1989 these Co-opted Members must be treated as non-voting Members, however it would be permissible to adopt a system of informal voting as set out in the report, and there was nothing to prevent a Co-opted Member from being elected as Chairman or Deputy Chairman.

The Comptroller and City Solicitor confirmed that the same legislative provisions applied to other Co-opted Members on City Corporation Committees including the Co-opted Members of the Audit & Risk Management Committee and the Police Committee.

Discussions ensued and Members confirmed that the views of the Co-opted Members were extremely valuable and would continue to be respected. The Committee welcomed the system of informal voting as set out in the report.

In response to a Member’s question, the Comptroller and City Solicitor confirmed that, although Co-opted Members could not exercise a Chairman’s second or casting vote, nor could they represent the Standards Committee at the Court of Common Council, this did not prevent them from being elected as Chairman or Deputy Chairman.

A Member queried whether the terms ‘Independent Members’, ‘Co-opted Members’ and ‘External Members’ were interchangeable. The Comptroller and City Solicitor confirmed that they were, in this context. However it was agreed for consistency that the term ‘Co-opted Members’ would be used in the Committee papers. The Co-opted Members were distinguished from the Independent Persons, who have a separate status.[EW2] 

RECEIVED.