Agenda item

To review and agree the list of outside bodies and nominations for representatives on those organisations for 2023/24.

Members considered the Appointment to Outside Bodies for 2023/24 report presented by Councillor Boden. 

Councillor Boden advised that as there had been some amendments since the list was published it would be prudent for him to read them out. He added that the Leader of the Fenland Independent Alliance (FIA), Councillor Gavin Booth, had filled some of the posts to which the FIA were entitled to nominate, but where he had not yet nominated, these can be dealt with between meetings of Cabinet by the Monitoring Officer under her delegated powers within the Constitution.

Councillor Boden announced the additional appointments and changes as follows:

·         Fenland Twinning Association –Councillor Diane Cutler appointed from the FIA. Councillor Mrs French said she thought she had read that the FTA was closing. Councillor Boden replied that he understood that the committee was considering closure, but assuming they still believe it is the right thing to do, they need to be constituted before they can un-constitute themselves.

·         Hundred of Wisbech IDB - Councillor Mrs French in place of Councillor Sam Clark. Councillors Dal Roy and Gavin Booth appointed from the FIA, and Councillor Roy Gerstner appointed as unaligned.

·         Rural Cambs CAB – Councillor Gavin Booth appointed from the FIA.

·         March East IDB – Councillors John Clark and Paul Hicks appointed from the FIA.

·         Middle Level Commissioners – Councillor Boden said the appointment was proposed of former Councillor Will Sutton to represent the FIA but at this point would refer to the Monitoring Officer. The Monitoring Officer advised that in view of the nominee being external to the Council she needed to check the legal and constitutional position of this proposal. She therefore suggested this appointment not be made today to allow her time to investigate and feedback to the group leaders. Councillor Mrs French referred to 24^th May 2014, when Mr and Mrs Bucknor said that the Council should not be paying non-councillors to represent FDC on outside bodies and this was supposed to go to Full Council. There were discussions at Cabinet on 18^th June 2015 but again it went no further. Councillor Mrs French added that with the new makeup of councillors, there are more than enough members to attend outside bodies without having to ask non-councillors to attend and in her opinion this resolution should be taken back to Full Council next month. Councillor Mrs Laws agreed, she recalled that Councillor Mrs Potts had put up a very strong argument to remain on the North Level IDB after retiring from Council but was declined and, like Councillor Mrs French, is of the opinion there are enough members to fill these appointments. Councillor Hoy agreed; she recalled a similar situation that led to a review by the Overview & Scrutiny Panel in 2015 in which several recommendations were made. Councillor Boden said this was very helpful and he would therefore leave it in the hands of the Monitoring Officer.

·         Nightlayer IDB - the FIA have ceded their two positions to the Conservative Group, hence the appointment of Councillors Miscandlon and Boden.

·         North Level District IDB - Councillor Boden advised that due to a mistake on his part, Councillor Laws’ name appeared twice on the published report, therefore the erroneous second post is replaced with the addition of Councillor Humphrey and Councillor Booth is appointed from the FIA.

Councillor Hoy asked if Cabinet are obliged to accept the Monitoring Officer’s delegation. We do not have to make the appointment even under delegation if we do not agree it today; it is not a fait accompli and even if the advice is that it is unclear and because of that we have to allow the appointment, we do not have to allow anything because it is Cabinet that makes the appointment and we could say we wanted this to come back to the next Cabinet meeting. Councillor Boden responded that the Monitoring Officer will make her decision based on all the evidence in front of her; we must accept that it is in the Constitution that she can make appointments between meetings of Cabinet. He added that members can either change the Constitution or have a resolution at Full Council to change it. There is a legal permission for representatives other than councillors to be used on Outside Bodies, but it would be for Full Council to decide not to utilise that. Councillor Mrs French said that she would not want to go down the route of changing the Constitution again as it is not an easy task and she would much prefer a resolution.

Proposed by Councillor Boden, seconded by Councillor Seaton and AGREED to:

1.1. The proposed nominations in respect of Outside Bodies which require Fenland District Council representation as set out at Appendix A and in addition as read out in the meeting for the amendments.

1.2. Note where requirements to provide representatives on outside organisations cannot currently be fulfilled.

1.3. Delegate to the Corporate Director and Monitoring Officer in consultation with the Leader of the Council and Group Leaders the addition or deletion of Outside Bodies as the need arises during the municipal year and appointment of members to vacancies on outside bodies during the municipal year.