Issue - meetings

To consider the revised Member Officer Protocol and to make a recommendation to Council to approve.

This item is to be considered at the Constitution Sub-Committee meeting on 27 August 2026 therefore the report is to follow.

The meeting was adjourned at 15.20

The meeting reconvened at 15.27

The Committee considered a report that sought a recommendation to Council to agree the revised Member Officer Protocol.

Councillor Wilson proposed and Councillor Shaw seconded the following further amendment to the protocol:

‘Although a statutory duty of candour does not currently apply, members and officers are expected to act in the spirit of candour in their dealings with each other and with the public. Neither should knowingly mislead others and if a member or officer becomes aware that they have provided materially inaccurate or incomplete information, or that there is a material error or failure relevant to the other’s role, they should ensure it is brought promptly to the attention of the officer or member (or other appropriate person or body) and where possible, corrected or explained, This section does not require the disclosure of information where such disclosure would be unlawful or would result in the improper release of exempt information under Schedule 12 of the Local Government Act 1972’.

Councillor Austin requested a short adjournment to allow members time to consider Councillor Wilson’s amendment.

The meeting was adjourned at 15.50

The meeting reconvened at 15.52

During the debate members were advised that there was currently a Bill going through the parliamentary process in respect of candour. This was yet to be considered by the House of Lords so there was no current timeline with regard to the possibility of being granted Royal Asscent. Some members suggested that the Committee therefore agree to defer this amendment and bring it to the Constitution Sub-Committee for consideration. Other members stated that there was no benefit to waiting and that West Surrey could use this to help set the culture for the new authority.

A vote was taken to agree the proposed amendment as follows:

For – 9 votes

Against – 1 vote

Abstain – 5 votes

The Committee RESOLVED to agree the amendment

Councillor Austin proposed and Councillor Hulley seconded a motion to defer the amendment to a meeting of the Constitution Sub-Committee.

A vote was taken to defer the amendment as follows:

For - 6

Against – 9

Abstain – 0

The Committee RESOLVED to not defer the amendment to a meeting of the Constitution Sub-Committee.

The Committee RESOLVED to recommend to Council that the revised Member Officer Protocol set out in Appendix 1 to this report be agreed and that the Monitoring Officer be delegated to amend the Constitution accordingly.