Agenda item

Consider report by Chief Executive.  (Copy attached.)

Note:  To consider this item, Members will require to suspend Standing Orders.

With reference to paragraph 2 of the Minute of 26 March 2020, there had been circulated copies of a report by the Chief Executive proposing amendments to the Council’s Standing Orders to take further account of remote meetings.  Members were advised that In order to allow one of these amendments, Standing Orders required to be suspended, as changes had already been made in March 2020, therefore within 6 months.  This suspension was unanimously agreed.  The report explained that at its meeting on 26 March 2020, Scottish Borders Council recognised the need to take steps to reduce risks for its Members, staff and citizens arising from the Coronavirus (Covid-19), and to ensure the Council was still able to exercise its essential functions, some additions were made to Standing Orders.  These additions to Standing Orders were made very early in lockdown and did not take into account the availability of software which gave remote access for all to participate in formal committee meetings, which could also be live streamed and were thus available to public and press. With the experience gained in the operation of remote committees, further amendments were proposed to Standing Orders to match the actual operation of committees.  It was proposed that Standing Orders were further amended to allow all Members and officers to access meetings remotely.  Any references in Standing Orders to “place” and “venues” were to be omitted when a meeting was being held remotely in terms of Section 43 of the Local Government in Scotland Act 2003.  An alternative indication was to be put in place to voting by a show of hands when a meeting was being held remotely.  When a secret ballot was being held, Members would email the Clerk(s) their preference in confidence.  At its meeting held on 30 August 2018, Council agreed to amend the deadline for the submission of Open Questions for Council from the second to the fourth working day prior to the Council meeting for a trial period of 3 months.   It was now proposed that Standing Orders were changed on a permanent basis to reflect that timing.  The Convener had the authority to accept questions submitted beyond this timescale.    

DECISION

AGREED:-

(a)     to approve an amendment to Standing Order No. 49(a)(iii), “As a result of the Coronavirus outbreak, where an essential decision of Council or one of its committees is required in respect of a matter which cannot legally be delegated, the following procedure shall be adopted until 30 September 2020:

·                The Chair or Convener of the meeting (whom failing their Deputy) shall direct that the meeting will take place in accordance with Section 43 of the 2003 Act.

·                Elected Members who are to join the meeting will do so  using video or audio functionality;

·                The meeting will otherwise be called in the usual manner, with the agenda and papers published on the Council website;

·                The meeting will be available to view via a livestream

·                A minute of the meeting will be taken and published on the Council website;

(b)     that when meetings were held under Section 43 of the Local Government in Scotland Act 2003, any references to “place” or “venue” be omitted in Standing Orders No. 5, 8, 10, 11(a), 15(d) and 23;

(c)     that Standing Order No. 41 be amended to include “or by an alternative indication when a meeting is being held remotely” after the wording “voting shall be by show of hands”; 

(d)     to note that no changes were required to the wording of Standing Order No. 43 but where a meeting was being held remotely, and voting was being carried out by secret ballot, Members shall email the Committee clerk(s) with their preference; and

(e)     to approve the changes to Standing Order Nos. 38(a) and 39(a) to reflect that Open Questions were to be submitted by 10 a.m. on the fourth working day prior to the Council meeting.