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West Surrey Shadow Authority |
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Report title: Motion from Shadow Authority: Recorded Votes |
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Report to: West Surrey Shadow Authority Standards Committee |
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Date: 22 October 2026 |
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Report of: Susan Sale, Monitoring Officer (interim) |
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Report author(s): Susan Sale, Monitoring Officer (interim) |
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Wards affected: All Ward councillors informed: No |
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Exempt from publication: No |
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Key Decision: No
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If a Key Decision, date registered on Forward Plan: N/A |
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Report cleared for publication by: |
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People Workstream |
N/A |
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Equalities Impact Assessment complete |
N/A |
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Implementation Team Leader (or their delegate) |
N/A |
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S151 Officer |
Susan Sale on behalf of Vicky Radford |
15 October 2026 |
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Monitoring Officer |
Susan Sale |
15 October 2026 |
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Executive Portfolio Holder consultation |
Cllr Victoria Kiehl |
15 October 2026 |
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Committee Chair consultation |
Cllr Richard Wilson |
15 October 2026 |
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Head of Paid Service
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Susan Sale on behalf of Andy Brown |
15 October 2026 |
1. Executive Summary
1.1 The West Surrey Shadow Authority met on 23 September 2026, when a motion was proposed by Cllr Jim McIlroy. The Shadow Authority resolved to refer the motion to the next meeting of the Standards Committee for their consideration.
2 Recommendations:
2.1 That the Standards Committee resolves to:
2.1.1 Consider the motion referred to it by the Shadow Authority; and
2.1.2 Taking into account the debate at the Shadow Authority, and the views of the Constitution Working Group attached at appendix 1, determine their recommendation to the Shadow Authority in respect of any proposed changes to Council Procedure Rule 10.3 during the shadow period.
3 Reason(s) for recommendation:
3.1 The West Surrey Shadow Authority Constitution sets out the procedure rules for meetings of the Shadow Authority and their Committees.
3.2 The terms of reference for the Standards Committee provide that the Committee is responsible for advising the Shadow Authority on the development of a Constitution for West Surrey Council to be effective post vesting day, and the Articles are clear that any changes to the West Surrey Shadow Authority Constitution during the shadow period can only be made by the shadow authority on the recommendation of the Standards Committee.
4 Next steps
4.1 The Standards Committee shall make a recommendation to the Shadow Authority of any proposed changes to Council procedure Rule 10.3 of the West Surrey Shadow Authority Constitution, to take effect within the shadow period.
4.2 The Shadow Authority shall consider and determine those recommendations at their meeting on 19 November 2026.
4.3 If the Shadow Authority resolve to make any changes, they will be implemented by the Monitoring Officer during the shadow period.
4.4 It should be noted that it is anticipated that the Standards Committee will, at their meeting on 2 November 2026, receive recommendations from the Constitution Working Group relating to the Council procedure Rules more generally, including Rule 10.3, for the West Surrey Council constitution to be effective from Vesting Day.
5 Exemption from publication
5.1 This report is not exempt from publication.
6 Background and Proposal
6.1 At the West Surrey Shadow Authority meeting on 23 September 2026 a motion was proposed in accordance with Council Procedure Rule 6 by Cllr McIlroy.
6.2 The draft minute from the meeting is set out below:
“The Chair reminded members that, under Shadow Authority Procedure Rule 6.3.1, where the subject matter of a motion fell within the remit of a committee of the Authority, a vote must be taken following the debate on whether the matter should be referred to that committee. The Chair indicated that, as the motion related to constitutional and standards matters, she intended to take a vote on referral to the Shadow Standards Committee following the debate on the motion.
In accordance with Shadow Authority Procedure Rule 6, Councillor Jim McIlroy proposed, and Councillor Vinny Mitchell seconded, the following motion:
“This Council believes residents are entitled to know how their elected representatives vote on matters affecting their communities.
The present requirement in Part 4-1, Procedure Rule 10.3.3, that ten Members must request a recorded vote creates a barrier to transparency. It may prevent the public record from showing how individual Members voted, particularly where fewer than ten Members support making that information available.
This Council believes recorded votes strengthen democratic accountability, improve public confidence, and enable residents to assess whether their representatives are acting in accordance with the interests of the communities they serve. Madam Chair, political group discipline should never prevent residents from seeing how decisions are made or how their representatives vote.
This Council therefore resolves:
1. To amend the recorded-vote provision in Procedure Rule 10.3.3 to provide that, at any meeting of the Shadow Authority, a Committee or a Sub-Committee, a recorded vote must be taken when requested by five or more voting Members of that body before the vote is taken.
2. To authorise the Monitoring Officer to make the necessary and consequential amendments to the Constitution to give effect to this decision.”
In presenting the motion, Councillor McIlroy argued that it would improve transparency, accountability and public confidence in the Council's decision-making. Councillor Mitchell supported the proposal, describing it as a modest amendment designed to make the existing recorded vote procedure more accessible.
During the debate, a number of members expressed support for the principle of recorded voting and greater transparency. However, several members argued that the appropriate threshold for recorded votes required wider consideration, including whether a fixed number or percentage-based threshold would be preferable, and highlighted the practical implications of conducting recorded votes by roll-call in a chamber of 90 members. Reference was also made to ongoing work within the Constitution Working Group and Standards Committee on the issue, and to the potential future introduction of an electronic voting system.
At the conclusion of the debate, the Chair put to the meeting the procedural motion that Motion 1 be referred to the Shadow Standards Committee for consideration at its next meeting in accordance with Procedure Rule 6.3.1.
Before moving to the vote on the procedural motion, ten councillors requested a recorded vote in accordance with Shadow Authority Procedure Rule 10.3.3. The recorded vote taken was as follows:
Councillors voting for the procedural motion (45):
Councillors Alan Ashbery, Attia Aslam, Ann-Marie Barker, Laura Barker, Chris Bateson, Phil Bellamy, Harry Boparai, Ben Bristow, Simon Browne, Keith Buchanan, Jamie Calder, Tony Fairclough, Paul Follows, Steve Greentree, Richard Herman, Steve Hives, Julie Hoad, Ian Johnson, Nirmal Kang, Sarbie Kang, Vanessa King, Oli Leach, Shaun Macdonald, Julia McShane, Masuk Miah, Louise Morales, John Morley, Carla Morson, Ellen Nicholson, Ying Perrett, George Potter, Zafar Rasab, Leslie Rice, Penny Rivers, Dale Roberts, Joanne Shaw, Lance Spencer, Brian Steel, Richard Steijger, Ruth Thomson, James Thornton, Liz Townsend, Paul Vanni, Terry Weldon, and Richard Wilson.
Councillors voting against the procedural motion (23):
Councillors Bilal Akhtar, Maureen Attewell, Jane Austin, Richard Barratt, Phil Basey, Josh Brown, Paul Deach, Kevin Deanus, David Evans, George Gladstone-New, Bob Hughes, Jonathan Hulley, Scott Kelly, Scott Lewis, Jim McIlroy, Vinny Mitchell, Sinead Mooney, Rory O’Brien, Harry Phillips, Catherine Powell, Victoria Sena, Phoebe Sullivan, and Catherine Young.
Councillors abstaining (0)
(Councillors Lyons and Shorthose had left the meeting before this vote was taken.)
The Shadow Authority
RESOLVED:
That, in accordance with Shadow Authority Procedure Rule 6.3.1, the motion be referred to the next meeting of the Shadow Standards Committee for consideration.”
6.3 This meeting of the Standards Committee on 22 October is the next meeting following the Shadow Authority meeting on 23 September 2026. The motion is therefore before the Standards Committee for their consideration.
6.4 The Shadow Authority had the power to decide whether the matter should be determined by the Standards Committee or whether the Standards Committee is to report back to the Shadow Authority with a recommendation for their determination at a future meeting. The Shadow Authority did not make any such decision and therefore as the Shadow Authority has the authority to make amendments to the Constitution, the Standards Committee should determine what recommendation they should make to the Shadow Authority in respect of any changes to Council Procedure Rule 10.3 to be effective during the shadow period, for determination by the Shadow Authority at their meeting on 19 November 2026.
6.5 It should be noted that in the meantime, the Constitution Working Group has met to consider the proposed Council Procedure Rules for the West Surrey Council constitution, to be effective from Vesting Day. The Constitution Working Group anticipating making recommendations to the Standards Committee at their meeting on 2nd November regarding all of the Council Procedure Rules including Rule 10.3 relating to recorded votes.
6.6 In considering the motion and the recommendation to the Shadow Authority for any change to Council Procedure Rule 10.3 during the shadow period, the Standards Committee will want to take into account the views of the Constitution Working Group and the recommendations they are likely to bring forwards for post vesting day. Therefore a summary of the consideration of this matter at the Constitution Working Group on 8th October may be found at appendix 1 to this report.
7 Consultation
7.1 Consultation has taken place with the Constitution Working Group on 8th October 2026 and their views are summarised in appendix 1 to this report.
7.2 Consultation has taken place with the Chair of the Standards Committee and the relevant Portfolio Holder and any feedback will be provided verbally to the Committee at their meeting.
8 Key Risks
8.1 There is a risk of a lack of transparency of procedures unless the Council Procedure Rules are clear and published.
8.2 There is a risk of recorded votes being used for political purposes and impacting the agility of decision making.
9 Options
9.1 The Standards Committee should consider various the motion put to the Shadow Authority, and the debate held there, as well as the views of the Constitution Working Group. They should in particular consider whether there should be a fixed number of members required at Council meetings to call for a recorded vote, or a percentage of those members present. And they should consider whether the same provisions regarding recorded votes should apply to Committees of the Council or not.
9.2 The first option is to make a recommendation to the Shadow Authority to be considered at their meeting on 19 November, which is recommended.
9.3 The other option is not to make a recommendation to the Shadow Authority which is not recommended.
10 Issues for consideration
10.1 Financial Implications
10.1.1 There are no financial implications arising from this report.
10.2 Section 151 Officer Commentary
10.2.1 There are no additional comments
10.3 Legal Implications
10.3.1 Local Government legislation does not prescribe any parameters as to how many members are required to call for a recorded vote at a meeting of the Council or its Committees.
10.4 Monitoring Officer Commentary
10.4.1 Council Procedure Rule 6.3.1 provides that if the subject matter, of any motion of which notice has been given falls within the remit of any Committee of the Shadow Authority, once it has been proposed, seconded and debated, a vote shall be taken as to whether to refer it to the next meeting of that Committee.
10.4.2 Council Procedure Rule 6.3.2 provides that if the matter is referred to a Committee, the Shadow Authority may decide whether the motion shall be decided by that Committee or whether that Committee is to report back to the Shadow Authority with a recommendation for their determination at a future meeting.
10.4.3 The current Council Procedure Rule 10.3.2 provides that if ten or more Members request a recorded vote, before the vote is taken, then the vote is to be recorded and reflected in the minutes. Council Procedure Rule 21.2 provides that the Shadow Authority Procedure Rules also apply to meetings of Committees and Sub Committees where the context so permits and they do not contradict with any specific procedure rules for that Committee or Sub Committee.
10.4.4 Article 14 of the Constitution provides that amendments to the Constitution are made by the Shadow Authority on recommendation from the Standards Committee, other than minor and consequential amendments that may be made by the Monitoring Officer.
10.5 People/Human Resources Implications
10.5.1 There are no people implications arising from this report
10.6 Equality and Diversity Implications
(a) Eliminate unlawful discrimination, harassment and victimisation and other behaviour prohibited by the Act. In summary, the Act makes discrimination etc. on the grounds of a protected characteristic unlawful
(b) Advance equality of opportunity between people who share a protected characteristic and those who do not.
(c) Foster good relations between people who share a protected characteristic and those who do not including tackling prejudice and promoting understanding.
10.6.2 The protected characteristics are age, disability, gender reassignment, pregnancy and maternity, marriage and civil partnership, race, religion or belief, sex, and sexual orientation. The Act states that ‘marriage and civil partnership’ is not a relevant protected characteristic for (b) or (c) although it is relevant for (a).
10.6.3 The Equalities Comprehensive Impact Assessment indicates that the proposals in this report will not have a disproportionately adverse impact on any people with a particular characteristic.
10.6.4 This duty has been considered in the context of this report and it has been concluded that there are no equality and diversity implications arising directly from this report.
10.7 Climate Change and Sustainability Implications
10.7.1 There are no climate change or sustainability implications arising from this report.
10.8 Stakeholders Implications
10.8.1 There are no stakeholder implications arising from this report.
11 Overview & Scrutiny Comments
11.1 N/A
12 List of Appendices
12.1 Appendix 1: Note from the Constitution Working Group meeting on 8 October 2026
13 List of Background papers
13.1 West Surrey Shadow Authority Constitution
13.2 Report to Constitution Working Group meeting on 8th October 2026 regarding Council Procedure Rules
13.3 Agenda, reports and draft minutes of the Shadow Authority meeting on 23 September 2026