A local councillor has urged Bedford Borough Councillors to raise concerns with the government over what they describe as a democratic weakness in the law, with the council being forced to update its constitution and give the mayoral position more power.
The constitutional update, debated at last night’s Full Council meeting (19 March), follows a law introduced by the last Labour government in 2002, which limits the power of full council to overturn executive decisions.
Cllr Henry Vann (Lib Dem, De Parys) explained that the changes are necessary to ensure legal compliance while maintaining councillors’ rights to scrutinise decisions.
“[This is] effectively tidying up the constitution as a prelude to the separate wider review of the constitution being undertaken at the moment with LGA [Local Government Association] support,” he said.
“And ensuring it is legally compliant whilst protecting elected members’ rights to ask questions, receive reports, and actually interrogate information.”
Cllr Vann said the changes “largely reflect existing practice”, but he was aware of press coverage about “one small part” of the updates.
“Which reflects the legislation as it stands today regarding the call-in procedure – it clarifies our constitution to match the primary legislation,” he said.
“If we don’t make the change this evening then the primary legislation will still trump our constitution, I’m afraid, because that’s how that works,” he said.
“Deeply concerning for democracy”
The law states that if full council votes to overrule an executive decision following a call-in, it can only refer the matter back to the executive for reconsideration, rather than overturning it outright.
Cllr Vann called this “deeply concerning for democracy,” as it limits the role of elected representatives in decision-making.
“Regardless of individuals in the role,” he said.
Cllr Graeme Coombes (Conservative, Wixams and Wilstead) said he found himself in the “rather unique position of agreeing with cllr Vann”.
“He is right, this is bringing our constitution in line with the law, and I think it is important we do that, ” he said.
“We can debate separately as to whether the law is correct and the powers of elected mayors and all of those things. There’s a discussion to be had if you think things should change, but that’s not the position we find ourselves in,” he said.
Register concerns
Cllr Lucy Bywater (Green, Castle and Newnham) added, “I think we can do something, we can write to the minister to say we’re worried about democracy.
“We’re worried about the voice of elected representatives locally, being trumped by a minority administration mayor. We should make our voices heard, we don’t agree with this, it’s weakening local democracy,” she said.
By John Guinn
Local Democracy Reporter
