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‘Is this meeting a mockery?’ Senior York councillor fears online decisions may be legally unsound

Sat 8 Jan, 2022 by Joe Cooper - Local Democracy Reporter

The online City of York Council planning meeting on 6 January 2022. Photograph: YouTube

Filed Under: News, Politics

A leading councillor has said he is “deeply uncomfortable” about important council meetings taking place online.

Conservative group leader Paul Doughty raised concerns during a meeting of the council’s planning committee on Thursday.

City of York Council moved all its meetings back to an online-only format in December due to concerns about the spread of the Omicron variant.

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In April 2021, the high court ruled that from May council meetings in England must take place in person – after coronavirus restrictions which allowed virtual meetings lapsed.

The Local Government Association has called on the government to urgently bring forward emergency legislation, saying that large gatherings in one room are an “unnecessary public health risk”.

Council monitoring officer Janie Berry told councillors it was an “informal meeting” – not a legally constituted one – in line with the council’s constitution, the result of which would then be referred up to chief operating officer, Ian Floyd.

Cllr Doughty said: “What, I ask myself, is the purpose of this meeting if the chief operating officer is required to follow member recommendations? If so, are we conspiring in an attempt to subvert the normal rules? 

“Or is the chief operating officer able to disregard member recommendations and do something completely different? In which case is this meeting a mockery?”

‘Extraordinary’ advice

Cllr Paul Doughty

Cllr Doughty also asked for assurances that councillors were legally safe to attend the meeting.

Ms Berry said: “The chief operating officer has indicated that he will be guided by members as part of his decision making.

“He’s using this as consultation and any decision that is made will absolutely adhere to the decision recommendation that he received from members this evening.”

Mr Floyd was “within his rights” to go back to councillors for further consultation if he had any concern about the legality or financial status of a decision that members made, Ms Berry added.

She went on: “Members choose to decide whether they wish to participate in an informal meeting and I am satisfied as the council’s monitoring officer that we are acting in accordance with our constitution for the purposes of this meeting.”

Resident and governance campaigner Gwen Swinburn told councillors: “Regarding the legality of the meeting, I am of the firm opinion that it is still unlawful.”

She cited a long list of other councils which are still meeting face-to-face for decision making meetings.

Ms Swinburn added: “I find it extraordinary that you are being told what you are doing now is OK.”


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