Agenda item

Report to follow.

The Council was reminded that regulations[1] made under the Coronavirus Act 2020 to provide for the remote attendance and participation of councillors and the public at local authority meetings came into force on 4 April 2020.   These arrangements had operated very successfully in Guildford and elsewhere since their introduction. 

Apart from the obvious public health benefits of holding meetings remotely during a pandemic, they had brought other benefits, including the removal of the need for travel to meetings, and associated cost savings, increased participation in the democratic process and equality of access to meetings.

However, the Regulations were time limited and were due to expire on 6 May 2021, and there was no certainty that the current arrangements for remotely held meetings would continue after 6 May.

Various organisations including the Local Government Association, the National Association of Local Councils (representing parish councils), Lawyers in Local Government (LLG) and the Association of Democratic Services Officers (ADSO) and many councils, including Guildford, had called for the ability of English councils to hold remote meetings to be made permanent.

In February 2021, the Secretary of State ("SoS") had accepted that whilst these  arrangements had been successful, there were no plans to extend the ability to hold remote meetings beyond 6 May as it would require primary legislation and there was no vehicle to do that in time for May in terms of Parliamentary time. The SoS had indicated that whilst it was not possible at the moment, if there was an opportunity to make it more permanent, then he would take it.

With the intention of seeking a way to assist the SoS in this regard, LLG and ADSO had asked whether a change in primary legislation was actually required and had sought Counsel’s Opinion on the matter, which had been shared with the SoS.

Notwithstanding this, in a letter dated 25 March 2021 to Leaders of principal councils in England, the Minister of State for Regional Growth and Local Government, whilst acknowledging the “considerable investment of time, training and technology to enable these (remote) meetings to take place”, nevertheless reiterated the SoS’s view that “extending the regulations to meetings beyond May 7 would require primary legislation”.

The Minister had also stated that:

“The Government has considered the case for legislation very carefully, including the significant impact it would have on the Government’s legislative programme which is already under severe pressure in these unprecedented times. We are also mindful of the excellent progress that has been made on our vaccination programme and the announcement of the Government’s roadmap for lifting Covid-19 restrictions. Given this context, the Government has concluded that it is not possible to bring forward emergency legislation on this issue at this time.”

LLG, ADSO, and Hertfordshire County Council had made an application to the High Court to seek a declaration from the Court that existing legislation governing local authority meetings under Schedule 12 to the Local Government Act 1972, and meetings of an Executive or a committee of an Executive under the Local Authorities Executive Arrangements (Meetings and Access to Information) (England) Regulations 2012, could continue to be held remotely in the way that had been authorised specifically by the Coronavirus Meetings Regulations.

This application was scheduled to be heard on 21 April 2021.  If the Court ruled that the current legislation could be interpreted in such a way that the terms ‘place’, ‘meeting’ and ‘present’ in this context could be construed as being both physical and virtual ‘places’, ‘meetings’ and ‘presence’ then the Council could, if it chose, continue to hold meetings wholly remotely, or partly remotely (‘hybrid meetings’), or wholly in person.

However, as there was no certainty over this, the Council had to consider its options as to how meetings beyond 6 May 2021 would be held until such time as the current restrictions were fully lifted which, under the current “roadmap”, was expected no earlier than 21 June 2021.

Upon the motion of the Leader of the Council, Councillor Joss Bigmore, seconded by the Deputy Leader of the Council, Councillor Jan Harwood, the Council:

RESOLVED:

(1)        That, subject to paragraph (2) below, the following arrangements be put in place for the holding of face-to-face meetings during the period between 6 May and the date on which Covid restrictions are fully lifted:

(a)    That in respect of determining the business scheduled for the Executive on 25 May 2021, the Leader be requested to consider repeating the arrangements introduced following the cancellation of the Executive meeting scheduled for 24 March 2020 (before the Coronavirus Meetings Regulations were in force) in which the then Leader of the Council took certain Executive decisions after inviting written representations from all councillors and the public to be submitted to the Leader in advance of the decisions being taken.  As decisions taken by the Leader or individual Executive councillors are not required to be made at a formally constituted meeting, such decisions be taken by the Leader, via Microsoft Teams, inviting all councillors in the usual way with those in attendance able to comment in the same way as if it were a formal meeting of the Executive, the only difference being that the Leader (rather than the Executive collectively) would make the decisions.  Call-in provisions would be unaffected.

(b)    That EAB, Overview & Scrutiny Committee, Licensing Sub-Committee and working group meetings continue to be held remotely.

(c)    That, subject to a satisfactory risk assessment, Planning, Licensing, Corporate Governance and Standards, and (where necessary) Employment Committee and Licensing Regulatory Sub-Committee meetings be held in the Council Chamber/Committee Room 1, and that remote attendance by non-committee members, certain officers, and the public be encouraged, whilst still providing limited, socially distanced seating for the public.

(d)    That, for 2021 only, the Annual Meeting and Selection Meeting be combined into one meeting and held, subject to a satisfactory risk assessment, on Wednesday 19 May 2021 at 7pm at the Guildford Baptist Church, Millmead, Guildford, noting that it will not be possible to webcast the meeting.

(e)    That the Planning Committee meeting scheduled for Wednesday 19 May 2021 be put back to Thursday 20 May 2021 at 7pm.

(f)      That the Service Delivery EAB scheduled for Thursday 20 May 2021 be put back to Monday 24 May 2021 at 7pm.

(2)        That should the High Court declare that existing legislation governing local authority meetings permits councils to continue to hold remote meetings after 6 May 2021, the Council agrees that such meetings should continue as scheduled via Microsoft Teams at least until Covid restrictions are lifted completely.

(3)        That, should it not be possible to hold remote meetings lawfully, the Council agrees that any councillor who, for medical reasons, is unable to be vaccinated against Covid-19 shall receive a dispensation from the requirements of Section 85 of the Local Government Act 1972 until 6 October 2021.

Reason:

To make arrangements, if necessary, for a return to face-to-face meetings after 6 May 2021 when the Coronavirus Meetings Regulations expire.