The East Surrey Shadow Authority Constitution Committee met on Monday 7 September 2026 to discuss proposed amendments to the council's constitution. Key decisions included recommending revised Terms of Reference for the Employment Committee to the Shadow Authority for approval and recommending changes to the Procedure Rules regarding the order of members' questions. Several other proposals for constitutional amendments were considered, with some being progressed, deferred, or not supported.

Proposed Amendments to the Employment Committee Terms of Reference

The committee considered a report proposing an amendment to the Employment Committee's Terms of Reference. The amendment would allow the Employment Committee to approve employment policies, terms, and conditions directly, without needing further approval from the Shadow Authority. This change was suggested to streamline the decision-making process, as the current system involves an unnecessary additional stage. Members were advised that a significant number of employment policies still needed to be developed before Vesting Day¹, and this amendment would bring the committee's practices in line with normal local government procedures.

The committee recommended to the Shadow Authority that the revised Terms of Reference for the Employment Committee be approved, and that the Monitoring Officer be authorised to make the necessary amendments to the Constitution.

East Surrey Authority Constitution – Councillor Requests

A significant portion of the meeting was dedicated to considering various requests for amendments to the Shadow Authority Constitution, put forward by Councillor Eber Kington.

Member Statements on Ward Matters

A proposal to introduce ward statements at Shadow Authority meetings was discussed. Members generally supported the idea of allowing councillors to raise matters affecting their wards. However, discussions highlighted the need to establish clear guidelines regarding notice periods, the scope of these statements, and the extent of officer discretion in determining their admissibility. The committee agreed that the approaches adopted by other local authorities should be reviewed before any constitutional amendment is recommended. Consequently, it was resolved that further work would be undertaken by the Interim Monitoring Officer, with a report to be brought back to a future meeting.

Leader's Statement – Questions and Comments

The committee considered a proposal to allow questions and comments from members following the Leader's Statement at Shadow Authority meetings. While some members felt this would enhance accountability and immediate scrutiny, others believed the existing arrangements for submitting questions were sufficient and expressed concerns about the potential impact on meeting length. Following a vote, the proposal was not supported, and it was resolved that the amendment would not be progressed.

Statements by Opposition Group Leaders

A proposal to permit opposition group leaders to make statements following the Leader's Statement was also discussed. The committee was in principle supportive of allowing leaders of all political groups to give a statement. However, considerations were raised regarding the position of smaller political groups and independent members, with a suggestion to potentially lower a 10% threshold and adopt arrangements used by other councils. It was agreed that further work would be undertaken, and a report would be brought back to the committee for consideration.

Advisory Votes

The committee considered a proposal to introduce advisory votes on matters presented to the Shadow Authority for noting. Members discussed the operation of the Leader and Executive model and whether advisory votes would offer a clearer mechanism for expressing the views of the wider membership on significant executive decisions. Noting the existing scrutiny and debate arrangements for executive matters, the committee ultimately did not support progressing this proposal.

Amendments to Motions

The committee noted advice from the Interim Monitoring Officer that the proposed amendment regarding amendments to motions was already covered by the existing Constitution. Councillor Kington subsequently withdrew this proposal.

Time Limit for Motions

A proposal to increase the time available for motions from 60 minutes to 90 minutes was considered. Members held differing views on whether the current 60-minute limit remained appropriate, with some believing no time limit should be applied. The committee agreed that further consideration by political groups would be beneficial before any recommendation was made, and the proposal was deferred pending these discussions.

Management of Questions

The committee considered a proposal to amend the order in which members' questions are taken at meetings. The principle that each councillor's first question should be taken before any subsequent questions from the same councillor was supported, aiming to maximise participation opportunities. Potential approaches to managing questions between political groups were also discussed. It was recommended to the Shadow Authority that the Procedure Rules be amended to reflect this change.

Cross-Referencing Within the Constitution

The committee considered a proposal to improve cross-referencing between constitutional articles and procedural rules. Members agreed that clearer references would aid users of the Constitution. It was resolved that the Interim Monitoring Officer would review constitutional cross-referencing and implement necessary drafting changes under delegated authority, in consultation with the Chairman of the Constitution Committee.

Political Assistants

A proposal regarding the future appointment of political assistants was discussed. Members were advised that political assistants would not be appointed during the shadow year and that further consideration would need to take into account future staffing arrangements, statutory requirements, and budget implications. The committee agreed that a report should be brought forward in December 2026 when more information was available.

Overall, the committee resolved that further reports would be brought to a future meeting regarding Member Statements on Ward Matters, Statements by Opposition Group Leaders, and Political Assistants. The proposal for Time Limits for Motions was deferred pending further consideration by political groups, with the matter returning to a future meeting of the Committee. The proposal relating to Management of Questions was recommended to the Shadow Authority that the Procedure Rules be amended so that first questions submitted by members are taken before second or subsequent questions from the same member are considered. The proposal for Cross-Referencing within the Constitution would be progressed by the Interim Monitoring Officer under delegated authority, in consultation with the Chairman of the Constitution Committee. The proposals concerning Leader's Statements Questions and Comments, and Advisory Votes, were not to be progressed.

Update on East Surrey Council Constitution Development

The committee received a report outlining the progress made in developing the Constitution for East Surrey Council. The report detailed ongoing work through the Overview and Scrutiny Committee, Audit and Governance Committee, and Standards Committee, as well as engagement with implementation workstreams and external support. Members were informed that a working group arrangement would provide a flexible mechanism for undertaking the detailed drafting and review work required to deliver the Constitution within the agreed timetable. The committee supported this proposed approach and discussed future working arrangements, including meeting scheduling and attendance.

It was resolved that the progress of the East Surrey Council Constitution Development Programme be noted, a working group consisting of all seven members of the Constitution Committee be established, and the Chair of the Committee and Interim Monitoring Officer be authorised to agree dates for working group meetings in consultation with committee members.