How should members of committees be decided and how much power does the clerk have over this process?

Question

After a year as a Councillor, the councillors will be asked to choose which committees they would like to be on, but  when there are more councillors than places how should this be resolved. Is there a good practice? I have been advised that the Clerk chooses - but instinct tells me this is not correct? Please would you advise?

Answer 1

If there are more councillors than places on the committee, then in order for it to be democratic, there should be a vote/ballot between councillors to fill the places.  This is certainly the case with the parish council that I clerk. There doesn't seem to be any reason as to why the Clerk should be involved in the membership and indeed, I would suggest that this is anti-democratic.  After all, the Clerk is an employee of the parish council and not the overlord.

Think about it this way, do parliamentary civil servants decide who is in the Prime Minister's Cabinet?

Comments

Thank you for this clear answer. Is there a best practice method by which members of committees are decided. Last year the clerk put councillors into committees. Should members be decided at a full council meeting and choose which committees they have the skills for or would like to be a part of.

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The membership of committees is decided at the annual parish council meeting that is required by law to be held each May.  At this meeting, the Chairmanship of the parish council along with committee membership is decided.

As for best practice, I don't think there is set guidance but I believe that voting is the most democratic process and one that will withstand scrutiny.

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Thank you so much for your clear and concise answers.

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The problem with this approach is that (where Councils are politically biased) the majority party members will get most of the nominations. This is however contrary to the Nolan Principles if that happens. It is a matter for the Clerk to ensure all Councillors have the right to be involved even on a quota basis. Hopefully the Ethical Standards review under Lord Bew will help sort this out.

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Parish Councils are non-political but I can see this is a problem with Borough level councils where it is agreed a percentage of seats on a committee are assigned depending on the majority / minority numbers.

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Just to come back on this one. Our Town Council (which is bundled in with Parishes in terms of the rules that apply) certainly has, in the past, had committees voted in by the majority group. On some of our Parishes Councillors stand as Independents. Not at Town Council level (some if not most). This is an idealistic approach and one, I wish, was replicated elsewhere. Thanks.