Agenda item

Report of the Town Clerk.

The Committee considered a report of the Town Clerk in respect audio-visual participation in formal meetings.  Members noted that the Ministry of Housing, Communities and Local Government (MHCLG) would not be extending measures, beyond 6 May 2021, to enable local authority meetings to continue virtually or move towards a hybrid format.

The Chair reflected on the unfortunate situation caused by the Government’s decision not to extend legislation allowing for virtual meetings to continue. This was particularly disappointing given the ongoing requirements in respect of social distancing, working from home where possible and the minimisation of travel. Several Members spoke to echo these comments and also touched on an ongoing legal case against the Government’s decision, supported by the Secretary of State for Housing Communities and Local Government, which might have an effect on matters in due course.

During wide-ranging discussion, the following points emerged:

·           Several Members stressed the importance of making clear and robust representations to Government on this issue. The Chair advised that the City Corporation would be writing to Government directly and also making representations through London Councils, to ensure its message was heard.

·           Members expressed a diversity of opinions in relation as to the respective advantages of virtual and in-person meetings; however, there was unanimity that flexibility in the short to medium term was essential, to provide all Members with the choice as to whether they wished to come into Guildhall for meetings or continue to participate remotely. It was requested that a survey of the full Court be undertaken, to ascertain the numbers of Members who might wish to attend meetings physically where possible and help manage footfall within the Guildhall complex.

·           Members were supportive of the move to disaggregate the City Corporation’s non-local authority activities from its local authority ones in relation to the regulations concerning virtual meetings, so as to enable formal meetings to continue in either a virtual or hybrid format in respect of non-local authority functions. In so doing, Members were clear that the same standards in respect of public access to meetings should continue to be maintained, including through live-streaming.

·           For those committees with local authority functions, in view of the desire to maximise flexibility for Members, it was agreed that the proposed approach utilising virtual or hybrid informal meetings with a formal ratification process would be preferable. Members were emphatic regarding the importance of democratic accountability and for Members to continue to be publicly visible debating and determining items; however, it was also observed that there might be some initial challenges in chairing hybrid meetings and ensuring an equality of participation between virtual and physical attendees, so care would need to be taken.

·           Once a position was set, it was urged that this be communicated to external Members of Committees effectively, so as they were aware of the City Corporation’s intentions for future meetings.

·           With reference to the election of Chairs and Deputy Chairs, on balance the Committee agreed that it would be desirable to arrange a series of additional meetings in advance of 7 May, so as to allow for these elections to take place at formal meetings prior to the expiry of the Coronavirus Regulations.

·           Members also discussed the use of virtual meetings in the longer-term, noting there would be a wider discussion to have in due course. Some Members expressed a strong preference for a physical presence at meetings, which they felt leant itself to more effective debate and also aligned with the City’s own encouragement of people back into the City. However, other Members observed that the nature of peoples’ working environment was changing, with an increased move towards working from home and fewer days in the office; requiring people to commute in for City Corporation meetings on days when they were not in the office would be unhelpful and flexibility should be pursued. A Member also reflected on the frequency of meetings, suggesting that this would be a material consideration when coming to a view on arrangements in the longer-term. It was agreed that the matter would be kept under review and considered again no later than the July meeting of the Committee.

RESOLVED: That it be recommended to the Court that:-

1.         Members should continue to have the flexibility to participate in Court and committee meetings remotely, when exercising non-local authority and non-police authority functions.

2.         For non-local authority committees, it be agreed that Part VA of the Local Government Act should be retained to enable public to continue to have access to meetings and public papers and, in order to retain the ability to meet virtually or in hybrid format, the City Corporation should continue to apply Local Authorities and Police and Crime Panels (Coronavirus) (Flexibility of Local Authority and Police and Crime Panel Meetings) (England and Wales) Regulations 2020 as if they continue to be in force after 6^th May 2020 .

3.         A change be authorised to the wording on the title page of non-public committee reports which relate to the Common Council’s non-local authority and non-police authority functions to make it clear that Part VA of the Local Government Act 1972 is being voluntarily applied.

4.         For the time being, while certain restrictions are still in place, it be agreed that formal local and police authority business should be dealt with via a “Covid” ratification process, i.e. by holding an informal virtual meeting in the first instance to ascertain the general view of the Court or its a committees, with the public being given access to the informal meeting to maintain transparency via live streaming and recording. A formal decision, which accurately reflects the mood of the informal meeting, can then be taken by the Town Clerk, who is hereby given delegated authority to formally approve such decisions pursuant to s.101(1) of the Local Government Act 1972.

5.         Committees with local and police authority functions be requested to bringing forward the process for the election of Chairs and Deputy Chairs so that the elections take place before 6th May. This could be done via a special, one item meeting if necessary, using the current balloting arrangements. This way the elections will not require ratification under the Covid decision making process. 

6.         All Members (elected or otherwise) who need to return to Guildhall for face-to-face meetings should be encouraged to undertake regular lateral (rapid) flow tests prior to coming into Guildhall in the same way staff, who have to attend the workplace to perform duties that they cannot do at home, are being encouraged to do.

7.         Any decision taken by the Court this day be communicated to external co-optees and other non-Common Council Committee Members.

8.         The Town Clerk be authorised to make such amendments to Standing Orders and related corporate governance documentation as is required to give effect to the above decisions.