So nothing to do with getting the votes out, obviously
This press release from Cornwall Council:
"The Chairman of Cornwall Council Mrs Pat Harvey has made the decision to postpone the meeting of the full Council due to take place tomorrow, Tuesday 30 November, as a result of the weather conditions.
The meeting was due to set the Council's emergency budget and Mrs Harvey made the decision to postpone the meeting in the interests of safety of those who would be attending the meeting and, in particular, following consideration of the distance that both Members and interested members of the public will have to travel, in some cases from some parts of Cornwall that have been the hardest hit by the adverse weather.The meeting will now be held on Friday 3 December 2010 at 10:30am in the Council Chamber at County Hall in Truro.
The agenda will be the same as that already published by the Council and no additional agenda items will be added.As the Agenda and public reports pack for the meeting have already been published in advance of the postponed meeting the Council is able to rely on the provisions in section 106A of the Local Government Act 1972 that allow a meeting to be called at less than five clear days notice. These provisions are reflected in Council Procedure Rule 6 in the Council's Constitution. By publishing this notice today, 29 November 2010, the Council is still giving three clear days notice of the holding of the postponed meeting.
"There has considerable public interest in the emergency budget and I am aware that there are many people and groups who wanted to attend the meeting in person" said Mrs Harvey.
"It is always difficult to make the decision to postpone such an important meeting at the last moment but I think it is vital that both councillors and members of the public are not prevented from attending because of the weather conditions".
I'm 大象传媒 Radio Devon鈥檚 Graham Smith, blogging on news, views and some fresh insights into West Country life, particularly the way government works locally and nationally.
Comment number 1.
At 29th Nov 2010, John Macloud wrote:There is a point here that seems to have been missed. Having had a look at the Council鈥檚 constitution I cannot see any provision which allows the Chairman to cancel a Council meeting once it has been called and notified to all concerned but before it has taken place. There does not seem to be any provision in the Local Government Act 1972 which allows this. If bad weather prevents councillors attending a meeting then either it will be not be quorate if less than a quarter of councillors (31) attend, or it will be quorate and can proceed. You cannot tell until the start of the meeting tomorrow morning. If the meeting is not quorate the Council鈥檚 constitution (paragraph 8) says 鈥渢he meeting shall stand adjourned to a time and date to be fixed by the Chairman鈥. If it is quorate (i.e.at least 31 councillors are there) then it can deal with the emergency budget. It would, however, be open to the meeting to pass a decision to adjourn if it was felt that, even though quorate, it was unfair to proceed if a large number of councillors could not be there (paragraph 13(l) of the Constitution). Section 106A of the Local Government Act 1972 which you quote does not appear to exist but you may be referring to section 100A. This is not relevant given the above. There is therefore a serious question about the legality of what is being done here.
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Comment number 2.
At 29th Nov 2010, Graham Smith wrote:Hmmm - does John have a point here? Does the constitution give the Council chairman the authority to change the date of a meeting once it has been called? I have to say that unless Rule 5 can be interpreted as providing such authority, I haven't been able to find it, but maybe I'm looking in the wrong place, and so I will seek guidance. Meanwhile, from the Council's constitution:
"5. Time and place of meetings
All meetings of the Council will take place at County Hall, Truro or such
other place as shall be specified in the summons and shall commence at
10:30am or such other time as the Chairman or the Monitoring Officer
shall direct.
6. Notice of and summons to meetings
The Monitoring Officer will give notice to the public of the time and place
of any meeting in accordance with the Access to Information Rules.
Ordinarily, at least five clear days before a meeting, the Monitoring Officer
will send a summons signed by him by post to every member of the
Council or leave it at their usual place of residence. The summons will give
the date, time and place of each meeting, specify the business to be
transacted and will be accompanied by such reports as are available."
Here's the link to the Council's procedure rules
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Comment number 3.
At 29th Nov 2010, John Macloud wrote:Graham, I do not see how rule 5 can give authority to cancel the meeting. The whole point of the rules is that proper notice (i.e. 5 days) is given of the date and time of the meeting to councillors, the public and the press and that the agenda and documents are made available. There is no provision to cancel meetings for whatever reason once notice of them has been given. Due process allows decisions to be made if a meeting is quorate.If it is not quorate it can be adjourned.
It is clear the Council meeting tomorrow has not legally been cancelled, and indeed cannot be. Therefore, if at least 31 councillors turn up at County Hall tomorrow morning at 10.30 p.m. there will be a properly convened quorate Council meeting which can deal with the business on the agenda, the Emergency Budget. If the Chairman and Vice Chairman are not there councillors present could elect a Chairman for the day as allowed by Paragraph 2.1(i) of Council Procedure Rules (Constitution)
Is anybody up for it I wonder? Could a different budget to that proposed be passed?
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Comment number 4.
At 30th Nov 2010, backofanenvelope wrote:A different budget? Of course, we could have a Labour Party budget. The sort of budget where you stick your fingers in your ears and sing La-la-la......
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Comment number 5.
At 30th Nov 2010, Graham Smith wrote:Just spoken to Lib Dem group leader Councillor Doris Ansari, who tells me she "did not disagree" with the decision to re-schedule. She was certainly consulted. In the House of Commons, when they need to bend a rule, there would be "discussions behind the Speaker's chair" involving the chief whips. Which may be what has happened here. I have nevertheless sought further and better particulars from the council about which part of the constitution gives the chairman authority to change the date of a scheduled meeting.
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Comment number 6.
At 30th Nov 2010, John Macloud wrote:Thanks for the clarification Graham. I鈥檒l be interested to hear what answer you get about the Chairman being able to cancel a meeting once it has been called.
Could you also ask why the new meeting on Friday is being called at such short notice? Section 100A (6) of the Local Government Act 1972 (now quoted by the Council on its website) and which is headed 鈥淎dmission to meetings of principal councils鈥 says
鈥(6)The following provisions shall apply in relation to a meeting of a principal council, that is to say鈥
(a)public notice of the time and place of the meeting shall be given by posting it at the offices of the council five clear days at least before the meeting or, if the meeting is convened at shorter notice, then at the time it is convened; ...鈥
Although it may be legal for the Council to call a meeting on shorter notice, in this case three days, it goes against their normal procedure and is contrary to the spirit of the legislation which envisages the public having at least five clear days notice of the meeting. The emergency budget meeting had been planned and publicised for a long time and there is much public interest in the cuts that are proposed. Giving such short notice of the new meeting may mean that members of the public who wish to attend are not now able to do so 鈥 indeed some councillors may find it difficult.
Is this transparent, fair and open local government?
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Comment number 7.
At 30th Nov 2010, backofanenvelope wrote:Yes
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