To consider any
questions the appropriate notice for which have been given under Section 4.19
of the Constitution.
Minutes:
(The Cabinet Member's written response to the original question had been distributed to the members in advance).
A question from Councillor
Aeron Jones
"I would like the Cabinet Member for Planning
to explain to the full Council if he
intends to seek the opinion of a barrister specialising in planning matters regarding the development permitted by this Council's officers at Plas
Pistyll and that this is done this
month so that a Scrutiny Committee may then
discuss and consider everything that is happening there".
Response from the Cabinet Member
for the Environment, Councillor Dafydd Meurig
"Fundamentally, I believe that this is a question about the delegation powers of the Planning Committee, which is a matter for the full Council. I believe the Scrutiny Committee made its recommendation
some time ago about changing
the delegation arrangement and that the constitution
of the Planning Committee
was, consequently, approved
by the Council.
In terms of Plas
Pistyll, there may be more
to the question than what
is on the paper by Councillor Aeron Jones.
Because of the many comments I received about the decision involving Plas Pistyll, I commissioned
someone to examine in detail how
that decision was reached. A review of that procedure is now in draft
form. I believe that it is now in the public
domain as the Scrutiny Committee will be discussing the matter next week. This item is on that
agenda and, to a greater extent, it is that report that will
be used to help the scrutinisers
reach a decision. In terms of using a barrister, this is a matter for the legal unit to decide. I do think, however, at a time of great financial
challenge, that we must think twice
before sending the scarce funds of Gwynedd taxpayers possibly out of the County. Therefore, this is something that should not be done flippantly, but I do believe that it is the legal department's place to determine when this is appropriate."
Supplementary question by Councillor
Aeron Jones
"I
once more ask the Cabinet Member to agree to call on the services of a fully independent barrister to see whether the Department is guilty of maladministration and has gone
beyond its statutory powers.
Response from the Cabinet Member
for the Environment, Councillor Dafydd Meurig
"I
think I have already answered the question. I think it would be wise for us
to await the contents of this report. This
will be made public, if it has
not already been made so, as it forms part of the Community Scrutiny Committee papers for next week. As to the matter of
who may call on the service of a barrister and when
that would be relevant and appropriate,
I believe that this is a matter for the legal department. I do not know whether there is an officer from
that side who would like
to come in at this point. I do not, however, believe that this decision
is mine to make.
A further explanation from the Monitoring Officer
"It
is my role as Monitoring Officer to interpret the Constitution. That is constitutional, and the responsibility and accountability is the Monitoring Officer's - I cannot delegate it. As regards the scrutiny procedure, how it scrutinises is up to the Scrutiny Committee. However, if you wish
to commission a legal opinion, you must
be clear about what you want to commission, etc. Our role as professional
solicitors is to provide
the Council with professional and objective legal advice. This means
every part of the Council, including scrutiny, the Full Council and the Cabinet. That is the role that underpins
this."