Clause 4.16.9

Public Question Time rights were taken away, or severly reduced, at the council meeting on the 31st of July 2007 following 11 questions from BLAST (Blaenavon Leisure and Swimming Troubleshooters) at the previous meeting. This was at the instigation of council officers, without one councillor realising what they were voting for.

"....it was pure coincidence that the amendments were made and (they) were not influenced by the recent questions from Blast or the owners of Mineslope Cottages"

Alison Ward, Chief Executive

As a member of the public I was prevented by order of the Mayor from asking an important question to the Torfaen County Borough Council Meeting on the 25th of September 2007. The question could have been asked at the previous meeting on the 31st of July, but at that same meeting a clause was added to the constitution which has the effect of ruling out almost all questions at the discretion of the Mayor. I am the first to be blocked from asking a question under the new clause 4.16.9 but as an officer of the council said "You won't be the last".

The councillors were unaware that they had voted for this. I can say this because I know that at least 14 members of the council were unaware of the extent of Clause (4.16.9) or were unaware of its inclusion altogether. Not one councillor has indicated that they knew its full content and effect. This clause was not requested, written or discussed by elected members (your councillors) at any meeting of which there is any record. However it was slipped into the agenda, passed "on the nod", and has removed our right to ask a question at a council meeting. This is not democracy!

At the first meeting after the clause was added the Mayor followed the advice of his officers and refused permission for me to ask a question. So the terrible treatment two friends of mine are receiving from the council concerning access over council land to houses that they own will continue...... but that's another story. Meanwhile read on....
CDH 2nd October 2007  see News, Views and Updates

Extract form TCBC Constitution August 30th 2007

4.16 Questions by Members of the Public

4.16.1 A member of the public who lives or works in Torfaen and any person who represents a public, private, voluntary or community organisation based in Torfaen may ask a question at a Council meeting on any matter in relation to which the Council has powers or duties or which affects the area.

4.16.2 Notice of questions: A member of the public may only ask a question under paragraph 4.16.1 if they have given at least one working days notice in writing of the question to the Chief Executive
.
4.16.3 At Council, the previously submitted written question shall be read out by the questioner.

4.16.4 Response: An answer may take the form of a direct oral answer; where the desired information is in a publication of the Council or other published work, a reference to that publication; or where the reply cannot conveniently be given orally, a written answer circulated later to the questioner.

4.16.5 Supplementary question: The Mayor may at his or her discretion permit a supplementary question arising directly out of the original question or the reply.

4.16.6 Questions asked under this section and a summary of the replies to the questions will be recorded in the minutes (except that supplementary questions and answers will not be recorded in the minutes) of the meeting.

4.16.7 The Order in which questions are taken shall be at the discretion of the Mayor.

4.16.8 Any question not asked because of insufficient time, will be answered subsequently in writing with a copy of the answer provided to all councilors.

4.16.9 The Mayor may reject a question if it:

(a) is not about a matter for which the local authority has a responsibility or which affects the area of the Authority;
(b) is defamatory, frivolous or offensive;
(c) is substantially the same as a question which has been put at a meeting of the Council in the past six months;
(d) requires the disclosure of confidential or exempt information;
(e) relates to an individual, group or business or the questioner's own particular circumstances;
(f) relates to a matter which is the subject of legal or enforcement proceedings or an appeal to a court or tribunal or to a Government Minister or the National Assembly or an ongoing investigation by the Public Services Ombudsman or relates to a decision which has been made by the Council in exercise of its regulatory functions in respect of which there are legal rights of redress;
(g) relates to the personal circumstances or conduct of any officer and Councillor or conditions of service of employees;
(h) relates to the activities and aims of a political party or organisation; or
(i) is a statement and not a genuine enquiry.

In addition the Mayor may rule that a question shall not be answered because the preparation of the answer would require the expenditure of a disproportionate amount of time, money or effort.

The decision of the Mayor in the above matter shall be final.

4.17 Petitions from Members of the Public

4.17.1 At the request of any Councillor a member of the public defined in paragraph
4.16.1 may present a petition to the Mayor at a Council Meeting.

4.17.2 The right set out in 4.17.1 above only applies if the original petition is presented by the Councillor on behalf of the member of the public to the Proper Officer no later than 24 hours before the meeting at which the petition is to be presented.

4.17.3 At the Council Meeting the member of the public may present the petition publicly to the Mayor who will receive it on behalf of the Council and read the content of the petition to the meeting.

4.17.4 No petition will be accepted under these provisions if in the opinion of the Monitoring Officer it is defamatory, discloses confidential or personal information or where it’s publication may constitute a criminal offence.