Agenda and minutes

To receive declarations of disclosable pecuniary or non pecuniary interests, arising from business to be transacted at this meeting, from all Members of the Council.

Item 3 – Leader of the Council

The Mayor declared a non-pecuniary interest in that as Mayor of Harrow she had sought legal advice on the validity of the meeting and the item being discussed.  The legal advice she had received was contrary to that which the Council had received.

For discussion and consideration

(i)         Prior to the item being considered a Member raised points of order in relation to Rules 17.2.1, 14.4.1.4, 3.1.1.3, 5.1.1, 27.1 and article 5, paragraph 5.03 of the Constitution.  The Member made the following points:

·         Rule 17.2.1 stated that a Motion that was similar to one that had been considered at a meeting of Council within the last six months could not be considered unless the notice of Motion had been signed by at least one quarter of all Members. Rule 14.4.1.4 stated that the Mayor could rule out Motions which were substantially the same as those put at a meeting of Council within the last six months. There was no provision which confirmed which rule took precedence over one another. However Rule 27.1, which provided that the Mayor’s ruling on the interpretation of the Rules was final, indicated that it was up to the Mayor as to which provision overrides one another;

·         Rule 3.1.1.3 provided that any 5 Members could request the Monitoring Officer to call an Extraordinary meeting if they have signed a requisition and the Mayor has refused to call a meeting within 5 clear working days. The Mayor had not failed to call a meeting but had suggested an alternative date for the meeting to take place which was 23^rd November 2013;

·         The meeting was contrary to the legislative requirements of the Local Government Act 1972;

·         Rule 5.1.1 allowed the Mayor to change the venue, day and time of the meeting if she believed it appropriate to the business of the Council;

·         Article 5, paragraph 5.03 provided that the Mayor had a responsibility to uphold principles of the Constitution and interpret these where necessary.

(ii)        The Mayor stated that she believed that this Extraordinary Meeting had not been properly constituted. This could mean that any decision that was taken could be ultra-vires and challenged accordingly. The Mayor had additionally taken legal advice about the validity of the meeting and on any decisions that could be made. Given that there is a difference in the legal advice that she hasreceived and that the Council had received, the Mayor moved a Motion that the meeting be adjourned to a future date to allow the legal issues to be resolved. Upon a Roll Call vote this Motion was not agreed;

(iii)       A Motion in the names of Councillors Keith Ferry and Paul Osborn was moved to suspend Rules 3.2, 5.1.1, 8.2, 8.3, 9.2 (in relation to the Leader of the Council item), 14.4.1.4, 15.2, 16.2.1, 16.10.1.1, 16.10.1.2, 16.10.1.3, 16.10.1.5, 16.10.1.6, 16.11, 22.2.1, 22.5.1, 24.3.1 and 27.1. The Mayor ruled that a vote would be taken on the suspension of each rule. At the conclusion of the voting, the Motion to suspend all of the above mentioned Rules was agreed;

(iv)       A Motion in the names of Councillors Susan Hall and Barry Macleod-Cullinane was moved to remove Councillor Thaya Idaikkadar as Leader. Upon a Roll Call vote this Motion was agreed. The Mayor thanked  ...  view the full minutes text for item 334.