Issue - meetings

Councillors were reminded that, in 2018, this Council and Surrey County Council agreed to replace the former Local Committee (Guildford) with a new Guildford Joint Committee, which dealt not only with the range of executive and non-executive County Council functions that the Local Committee discharged locally, but also a range of executive and non-executive Borough Council functions delegated to it.

Both councils also adopted a Constitution for the Guildford Joint Committee, which set out, amongst other things, the various functions delegated to it and standing orders under which it was proposed that the Joint Committee would operate.  

The Joint Committee comprised the ten County Councillors representing the ten County Divisions within the Borough, plus ten Borough Councillors appointed on a politically proportionate basis. 

The Council was reminded that Surrey County Council’s Cabinet had decided in February 2022 to transfer all executive highway functions (including on-street parking) from the Guildford Joint Committee, and other Joint Committees and Local Committees in Surrey, to County Officers, in consultation with relevant Divisional Members. Those changes took effect from 1 April 2022 and were part of the development of new engagement methods and tools to enable members and officers to reach out more effectively to residents.

The County Council had also agreed at its Annual Meeting on 24 May 2022 that county councillors elected as chairmen or vice-chairmen of the Local and Joint Committees across the county should hold those offices only until 31 October 2022. County partnership officers involved in supporting the Joint Committees and Local Committees across the county would end those responsibilities also with effect from 31 October 2022.

On 27 September 2022, the Leader of Surrey County Council made a decision to remove the remaining executive functions and advisory functions from all the Local Committees and Joint Committees in the county with effect from 11 October 2022.

At the County Council meeting on 11 October 2022, formal approval was given to cease all the Local Committees with effect from 31 October 2022, to serve notice of the County Council’s intention to withdraw from all of the Joint Committees (the notice to expire on or before 30 April 2023), and to transfer their non-executive functions relating to Public Rights of Way from all the Local and Joint Committees back to the County’s own local governance arrangements.

The effect of these decisions taken by Surrey County Council meant that the Guildford Joint Committee now had no County Council functions delegated to it, and its remit only comprised the very limited number of Borough Council executive and non-executive functions. In light of the decisions taken by Surrey County Council outlined above, the Executive had confirmed, at its meeting on 24 November 2022, that it wished to transfer the existing executive and advisory functions currently within the remit of the Joint Committee back to this Council with immediate effect.  The Executive had also recommended that full Council approves the transfer of existing non-executive functions relating to public rights of way back to this Council.

The  ...  view the full minutes text for item 83

Decision:

1.  That the transfer of all the Borough Council’s executive and advisory functions from the Guildford Joint Committee’s remit, as set out in the Joint Committee Constitution, be approved with immediate effect, and that those functions revert back to being delegated to the Executive.

2.  That full Council, on 6 December 2022, be asked to approve the transfer of all the Borough Council’s non-executive functions relating to public rights of way from the Guildford Joint Committee’s remit, as set out in the Joint Committee Constitution, and that those functions be delegated back to the Lead Specialist – Legal.

Reason:

To enable the Council to consider its position in light of the withdrawal of all County Council functions from the Guildford Joint Committee.

Other options considered and rejected by the Executive:

Option 1: Subject to the agreement of both the Executive and full Council, the Council could decide not to withdraw GBC functions and to continue with the Joint Committee arrangement with SCC until the expiry of the six months’ notice given by SCC (not beyond 30 April 2023).

Details of any conflict of interest declared by the Leader or lead councillors and any dispensation granted:

None.

The Executive considered a report on the future of the Guildford Joint Committee, which had been established in 2018, and had dealt with a range of GBC and SCC executive and non-executive functions. 

The report noted that Surrey County Council’s Cabinet had decided in February 2022 to transfer all executive highway functions (including on-street parking) from the Guildford Joint Committee, and other Joint Committees and Local Committees in Surrey, to county officers, in consultation with relevant divisional members. Those changes took effect from 1 April 2022. The County Council had also agreed at its Annual Meeting on 24 May 2022 that county councillors elected as chairmen or vice-chairmen of the Local and Joint Committees across the county should hold those offices only until 31 October 2022. On 27 September 2022, the Leader of Surrey County Council had decided to remove the remaining executive functions and advisory functions from all the Local Committees and Joint Committees in the county with effect from 11 October 2022. At the County Council meeting on 11 October 2022, formal approval was given to serve notice of the County Council’s intention to withdraw from all of Joint Committees in Surrey (the notice to expire on or before 30 April 2023), and to transfer all non-executive functions relating to Public Rights of Way back to the County’s own local governance arrangements. 

Given the series of decisions taken by Surrey County Council, the Executive considered a report proposing the transfer the existing executive and advisory functions currently within the remit of the Joint Committee back to Guildford Borough Council.  If agreed, full Council would be asked on 6 December 2022, to transfer the existing non-executive functions relating to public rights of way back to Guildford Borough Council.  If the Executive and Council agreed to this action, then the Joint Committee would effectively be dissolved as of 6 December (rather than next April) as it would have no functions delegated to it.

The Lead Councillor for Resources introduced the report in the absence of the Deputy Leader of the Council.

The Executive, having considered that the decisions taken by the County Council to be regrettable,

RESOLVED:

(1)       That the transfer of all the Borough Council’s executive and advisory functions from the Guildford Joint Committee’s remit, as set out in the Joint Committee Constitution, be approved with immediate effect, and that those functions revert back to being delegated to the Executive.

(2)       That full Council, on 6 December 2022, be asked to approve the transfer of all the Borough Council’s non-executive functions relating to public rights of way from the Guildford Joint Committee’s remit, as set out in the Joint Committee Constitution, and that those functions be delegated back to the Lead Specialist – Legal.

Reason:

To enable the Council to consider its position in light of the withdrawal of all County Council functions from the Guildford Joint Committee.