Standing Orders p3
6. Questions – Elected Members
6.1 This Section refers to questions which require research and verification of facts.
6.2 Any Member requiring further information regarding any matters appearing in the Reports of Committees submitted to the Council for approval should state his/her request in writing to the Clerk & Chief Executive or relevant Director or relevant Assistant Director or Head of Service three working days in advance of the meeting date.
This is to ensure that it shall be in the hands of the Chairperson of the Committee forty-eight hours (two working days) before the commencement of the Council Meeting.
Any such request should be entitled to a reply when the proceedings are submitted.
6.3 A Member may, if three working days’ notice in writing has been given to the Clerk & Chief Executive, ask the Mayor of the Council, or the person presiding at any Committee, any question on any matter in relation to which the Council has powers or duties or which directly affects the Borough.
Questions should be concise, deal with one issue as a single issue and be relevant to the business of the Committee.
In exceptional circumstances, more than one question may be submitted by a Member.
6.4 Every question shall be put and answered without discussion but the person to whom a question has been put may not be in a position to answer.
If this is the case Standing Order 6.6-(d) shall be followed.
If the person presiding permits, the Member asking a question may ask one relevant supplementary question which shall be put and answered without discussion.
Any follow-up question must be in the context of the primary question.
6.5 If the person presiding at a Meeting considers that, due to special circumstances it is desirable that a question shall be asked at that Meeting, although due notice of the question has not been given, and if he/she is satisfied that as much notice as is possible has been given to the person of whom it is to be asked, he may permit the question to be asked.
6.6 An answer to a question may be given by the person to whom it is addressed or by a person on his behalf, and may take the form of:
a) A direct oral answer;
b) A written response;
c) A reference to information contained in some publication; or
d) An answer will be provided to Members at the next appropriate Council or Committee Meeting.
6.7 Every question shall be relevant to some matter in relation to which the Council has functions.
7. Rules of debate
7.1 The rules of debate apply to all Council business.
A Motion refers to any proposal, recommendation or matter formally submitted to Council with possible adoption as a resolution.
Mode of Address
7.2 The established mode of address is for a Member to speak clearly from their allocated position when addressing the Mayor or Chairperson.
While a Member is speaking, the other Members should show respect and rise only to make a Point of Order or in personal explanation.
A Member shall direct his/her speech to the Motion or matter under discussion or to a personal explanation or to a Point of Order.
Precedence in Speaking
7.3 Whenever two or more Members indicate to speak, the Chairperson shall decide who has precedence and call them in order.
Place of Member Speaking
7.4 A Member when addressing the Chairperson shall speak clearly from the place allocated to him/her in the Council Chamber.
Addressing the Council
7.5 Normally only Council Members shall address the Council.
The Council may give consent to non-Members to make an address to it.
Chairperson Rising During Debate
7.6 Whenever the Chairperson rises or otherwise calls the Meeting to order during a debate, any Member then speaking shall cease and the Council shall be silent.
Points of Order
7.7 If any Member is called to order while speaking he/she shall give way immediately.
When the point of order has been disposed of, the Member may resume his/her address to Council.
7.8 A Point of Order shall relate only to an alleged breach of a Standing Order or statutory provision.
The Member raising the Point of Order [11] shall specify the Standing Order or provision and indicate the way in which he/she considers it has been broken.
- [11] A point of order refers to an interjection by a Member who does not have the floor to call to the Chairperson’s attention an alleged breach of the Standing Orders.
7.9 A Member may raise a Point of Order and shall be entitled to be heard immediately.
7.10 The ruling of the Chairperson on a Point of Order shall not be open to discussion.
Motions and Amendments to be Submitted in Writing and Seconded
7.11 A Motion or Amendment shall not be discussed unless it has been proposed and seconded.
Also, unless notice has already been given in accordance with Standing Order 4.3, it shall, if required by the Chairperson presiding, be put into writing and handed to the Chairperson presiding before it is further discussed or put to the Meeting.
7.12 A Member when seconding a Motion or Amendment may, if he/she then declares his/her intention to do so, reserve his/her speech until a later period of the debate.
Alteration of Motion
7.13 A Member may alter a Motion of which he/she has given notice as proposed with the consent of the Meeting.
The Meeting’s consent will be signified without discussion.
7.14 A Member may alter a Motion which he/she has moved without giving notice with the consent of the Meeting and the seconder.
The Meeting’s consent will be signified without discussion.
7.15 Only alterations which could be made as an Amendment may be made.
Withdrawal of Motion
7.16 A Member may withdraw a Motion of which he/she has given notice under Standing Order 4.3 at any time after the Meeting has commenced provided that he/she has not moved the Motion or spoken on it and has the consent of the Meeting.
The Meeting’s consent will be signified without discussion.
7.17 A Member may withdraw any other Motions which he/she has moved with the consent of both the Meeting and seconder.
The Meeting’s consent will be signified without discussion.
7.18 No Member may speak on the Motion after the mover has asked permission to withdraw it unless permission is refused.
Member Shall Not Speak More Than Once
7.19 A Member who has spoken on any Motion shall not speak again whilst it is the subject of debate, except:
a) At the Chairperson’s discretion;
b) To speak once on an Amendment moved by another Member;
c) If the Motion has been amended since he/she last spoke, to move a further Amendment;
d) If his/her first speech was on an Amendment moved by another Member to speak on the main issue whether or not the Amendment on which he/she spoke was carried;
e) In the exercise of a right of reply given by Standing Order 7.25;
f) On a Point of Order.
Duration of Speeches
7.20 Except with the permission of the Council, a Member, in introducing a Motion, shall not speak for more than ten minutes and in replying, for not more than five minutes.
Any other Member shall not speak for more than 5 minutes.
Only One Motion/Proposal/Amendment May be Moved and Discussed at a Time
7.21 Only one Amendment may be moved and discussed at any one time.
No further Amendment may be moved until the Amendment under discussion has been disposed of.
7.22 If an Amendment is not carried, other Amendments to the original Motion may be moved.
7.23 If an Amendment is carried, the Motion as amended takes the place of the original Motion.
This becomes the substantive Motion to which any further Amendments are moved.
Chairperson Not to Receive Motion for Direct Negative
7.24 The Chairperson shall not receive a Motion for a direct negative to a question but, on the conclusion of the debate, the question shall be put and resolved in the affirmative or negative.
Mover’s Right of Reply
7.25 The mover of a Motion has a right to reply at the close of the debate on the Motion and on any amendment to the Motion.
The Member will speak for no more than 5 minutes in each case.
He/she shall not otherwise speak on the Amendment.
The mover of the Amendment shall have no right of reply to the Amendment debate.
8. Voting
Majority
8.1 Subject to any statutory provisions to the contrary, any matter will be decided by a simple majority of those Members present and voting.
8.2 Regular voting will be taken by a show of hands of those Members present and voting, except resolved otherwise.
8.3 Any Member may request a recorded vote during debate and prior to a vote being taken.
The record shall show whether each Member present and voting gave their vote for or against that question or abstained.
Chairperson’s Casting Vote
8.4 If there are an equal number of votes for and against, the Chairperson will have a second (i.e. casting) vote.
Qualified Majority (Mandatory)
A qualified majority is defined in the Local Government (Northern Ireland) Act 2014, S40(2) as “80 per cent of the votes of the Members present and voting on the decision”.
This section applies to Standing Committees as well as Full Council.
8.7 A qualified majority shall be required in relation to the Council’s decision on
a) The adoption of executive arrangements or prescribed arrangements as the Council’s form of governance (section 19, 2014 Act);
b) The method to be adopted for the filling of positions of responsibility (Schedule 1, 2014 Act);
c) The method to be adopted for appointing Elected Members to Committees (Schedule 2, 2014 Act);
d) The exercise of the general power of competence in accordance with section 79 of the 2014 Act;
e) A Call-In made in accordance with section 41 (1) (b) of the 2014 Act; and
f) The suspension of Standing Orders.
9. Call-in process (Mandatory)
The Local Government (Northern Ireland) Act 2014 S41 requires the Council’s Standing Orders to “make provision requiring reconsideration of a decision if 15 per cent of the Members of the Council (rounded up to the next highest number if necessary)” present to the Clerk & Chief Executive a requisition on either or both of the following grounds:
a) That the decision was not arrived at after a proper consideration of the relevant facts and issues;
b) That the decision would disproportionately affect adversely any section of the inhabitants of the district.
Decisions Subject to Call-In
9.1 The following decisions may be subject to Call-In in such a manner as is specified in these standing orders:
a) A decision of the Council;
b) A key decision taken by an Officer or Officers of the Council;
c) A decision taken by a Committee under delegated authority in accordance with section 7 of the 2014 Act;
d) A decision taken by a Committee to make a recommendation for ratification by the Council; and
e) A decision of the Council other than a decision to ratify a recommendation of the Committee.
9.2 The following decisions shall not be subject to Call-In:
a) A decision which is deemed to be the case of special urgency in accordance with regulation 26 of the 2014 Executive Arrangements Regulations;
b) A decision where an unreasonable delay could be prejudicial to the Council’s or the public’s interest;
c) A decision taken by an Officer or Officers which is not a key decision;
d) A decision by the Executive which services only to note a report from or the actions of an Officer or Officers.
9.3 No decision shall be subject to Call-In more than once for each of the reasons specified in section 41(1) of the 2014 Act.
Call-In Admissibility
9.4 A Call-In must be submitted in writing to the Clerk & Chief Executive by 10am on the fifth working day following publication of the Decision Log to which the Call-In relates.
If a Call-In is received after the specified deadline, it must be deemed inadmissible.
9.5 A Call-In shall:
a) Specify the reasons why a decision should be reconsidered; and
b) Subject to Standing Order 9.8, be deemed inadmissible if the reasons are not specified.
9.6 Where reasons have not been specified on the requisition, the Clerk & Chief Executive must notify the Members making the requisition that it must be considered inadmissible unless reasons are specified in writing within the deadline.
9.7 In the case of a Call-In submitted under section 41(1)(b) of the 2014 Act, Members must state in reasons specified under Standing Order 9.5:
a) The section of inhabitants of the Borough that would be affected by the decision; and
b) The nature and extent of the disproportionate adverse impact.
9.8 Within one working day of receipt of a Call-In, the Clerk & Chief Executive must confirm that:
a) It has the support of 15% of the Members of the Council [12]; and
b) The reasons for the Call-In have been specified.
- [12] 15% of 40 members is 6
9.9 Within one working day of receipt of an admissible Call-In submitted under section 41(1)(b) of the 2014 Act, the Clerk & Chief Executive must seek the opinion of a practising Solicitor or Barrister in accordance with section 41(2) of the 2014 Act.
9.10 Where the legal opinion obtained in accordance with section 41(2) of the 2014 Act confirms that the Call-In has merit, the Clerk & Chief Executive must:
a) Furnish the opinion to Members; and
b) Include the decision on the agenda for the next available Meeting of the Council, at which it will be taken by qualified majority.
9.11 Where the legal opinion in accordance with section 41(2) of the 2014 Act indicates that the Call-In does not have merit, the Clerk & Chief Executive must:
a) Furnish the opinion to Members; and
b) Make arrangements for the decision to be implemented or tabled for ratification by the Council, as appropriate.
The Call-In Process: Committee Arrangements
9.12 For the purposes of reconsideration of a decision pursuant to a Call-In the Decision Log of a Committee which records a decision:
a) Taken under delegated authority; or
b) For ratification by the Council
must be published within five working days of the conclusion of the Meetings.
The date of publication must be regarded as the date of publication for the purposes of Call-In.
9.13 If a Call-In is not received by the deadline specified in Standing Order 9.4, the decision specified in:
a) Standing Order 9.12 (a) must be implemented;
b) Standing Order 9.12(b) must be tabled for ratification by the Council.
9.14 The tabling for ratification of a decision specified in Standing Order 9.12(b), or a decision specified in Standing Order 9.12(a), must be postponed (unless the total level of support for the Call-In falls below 15% of the Members) until the Call-In has been resolved.
The decision maker may rescind the decision at any time prior to the Call-In being resolved.
9.15 If an admissible Call-In is made in accordance with Standing Orders 9.4 and 9.5 and section 41(1)(a) of the 2014 Act, the Council must appoint an ad hoc Committee of the Council, the Membership of which will be:
a) The Chairpersons of all Committees of the Council; and
b) The Deputy Chairpersons of all Committees of the Council
to consider the process adopted by the original decision-making Committee whose decision is subject to Call-In.
9.16 The Chairperson and Deputy Chairperson of the Committee which was responsible for the decision which is the subject of the Call-In must not have voting rights at a Meeting of the Committee appointed in accordance with Standing Order 9.15.
9.17 The Member who submitted the Call-In, or a Member on their behalf, must be invited to attend the Meeting at which the decision subject to the Call-In is considered and may, upon the request of the Chairperson, address the Meeting, but must not have voting rights.
9.18 A Committee appointed in accordance with Standing Order 9.15 may:
a) Refer the decision back to the decision maker;
b) In the case of a decision taken under delegated authority, support the decision; or
c) In the case of a decision for ratification by the Council, refer the decision to Council.
9.19 Where a decision has been supported in accordance with Standing Order 9.18(b), that decision must:
a) Be approved;
b) Be inserted into the Register of Decisions; and
c) Become operative from the date of the Meeting at which the Committee appointed in accordance with Standing Order 9.15 confirmed support for the decision.