Agenda item

Ahead of the motion being presented, the Director for Legal, Policy and Governance clarified that having sought King's Counsel’s advice, it had been confirmed that the decision in relation to the final Local Government Reorganisation submission was to be an Executive decision and not a Full Council decision. Members heard that the advice from King’s Counsel remained privileged and had been obtained on a multi-authority basis.

 

It was noted that the motion could not change that the final decision would be taken by Executive on 18 November 2025.

 

Councillor Deering presented his motion on notice. Councillor Devonshire seconded the motion.

 

Members expressed disappointed in the requirement to bring forward a motion for an extraordinary meeting to be considered, when other councils had planned extraordinary meetings.

 

Councillor Crystall proposed the following amendments:

 

Amend the motion as follows:

 

• Replace: Council notes that:

 

1) The current Local Government Review (LGR) process for Hertfordshire represents one of the most significant constitutional developments in the history of local government within our county.

 

2) The outcomes of this review have the potential to reshape the structure, governance, and democratic accountability of local authorities across Hertfordshire, including East Herts District Council.

 

3) The Council’s position within this process will have lasting implications for our residents, staff, services, and local identity.

 

4) The decision on East Herts District Council’s preferred option within the LGR process is currently due to be made by the Executive without prior consultation or open debate by all Members.

 

5) As a council that prides itself on being transparent, democratic, and listening to the voices of its Members and residents, it is vital that such a fundamental matter is discussed and determined in a public and inclusive forum where all District Councillors are able to contribute and vote.

 

Council therefore believes that:

 

a)    The determination of the Council’s preferred position within the Local Government Review should not rest solely with the Executive.

 

b)    All elected Members, as the democratically chosen representatives of their communities, should have the opportunity to consider, debate and vote on this issue.

 

c)     Open discussion will strengthen the legitimacy and credibility of the Council’s eventual position and ensure that it reflects the collective view of the authority.

 

Council resolves to:

 

1)    Convene an Extraordinary Meeting of the Council at the earliest practicable opportunity to consider and debate the options presented within the Local Government Review for Hertfordshire.

 

2)    Ensure that a comprehensive briefing paper outlining each option, along with its potential implications for East Herts, is circulated to all Members in advance of the meeting.

 

3)    Allow a free vote of all Members at that meeting to determine East Herts District Council’s formal position and recommendation to be submitted as part of the LGR process.

 

4)    Request that the Executive refrains from making any final decision on the Council’s position within the LGR process until this extraordinary meeting has taken place and the will of the full Council has been expressed.

 

• With: “Council notes that:

 

1) The current Local Government Reorganisation (LGR) process for Hertfordshire represents the most significant constitutional development within our county since the Local Government Act 1972 reorganised councils.

 

2) This reorganisation proposes reshaping the structure, governance, and democratic accountability of local authorities across Hertfordshire, including East Herts District Council and will have lasting implications for our residents, staff, services, and local identity.

 

3) As part of the process, each council within Hertfordshire, including East Herts District Council, is able to express a preference for which of 3 proposed unitary structures it favours. This preference will be recorded in the Final Proposal document to be submitted to Government by 28 November 2025. The Government will then make the final decision on which unitary option it chooses to put in place.

 

4) The decision on which of the 3 options East Herts District Council favours will be made by the Executive, following unequivocal KC opinion on the correct process for decision-making.

 

5) As a council that prides itself on being transparent, democratic, and listening to the voices of its Members and residents, the council has already carried out engagement across the District with partners, stakeholders and residents, and has kept group leaders informed of the process through regular briefings, with those group leaders advised to keep their own councillor groups updated in turn. The council has a full briefing planned for all members once the Final Proposal document is available so that it can be discussed in a forum where all District Councillors are able to contribute.

 

Council therefore believes that:

 

a) The determination of the Council’s preferred option within the Local Government Reorganisation rests solely with the Executive.

 

b) It recognises that elected Members should have the opportunity to consider, debate and take part in an indicative vote on this issue to help inform the Executive’s decision on which unitary structure it prefers, prior to the Government making its final choice.

 

c) Open discussion will help strengthen the legitimacy and credibility of the Council’s eventual position.

 

Council resolves to:

 

1) Replace the briefing with an Extraordinary Meeting of the Council on Thursday 13 November 2025 at 7pm to consider and debate the options presented within Local Government Reorganisation for Hertfordshire.

 

2) Ensure that a comprehensive briefing paper outlining each option, along with its potential implications for East Herts, is circulated to all Members in advance of the meeting.

 

3) Allow an indicative vote of all Members at that meeting to help inform the Executive prior to it making a final decision on the Council’s preferred unitary option at its meeting on November 18 2025.”

 

Councillor Goldspink seconded the amendment.

 

Members debated the amendment. It was noted the Group Leaders had remained briefed throughout the LGR process. Councillors noted that the initial planned briefing did not have the same impact as a Full Council debate.

 

Members thanked residents for feedback provided during the engagement process.

 

Having been proposed and seconded, the amendment was put to the meeting and upon a vote being taken, was declared CARRIED.

 

Members further debated the substantive motion, noting that the process for devolving powers locally, provided minimal opportunity for local input.

 

The motion to support the amendment having been proposed and seconded was put to the meeting and upon a vote being taken, was declared CARRIED.

 

RESOLVED – that (1) The current Local Government Review (LGR) process for Hertfordshire represents one of the most significant constitutional developments in the history of local government within our county.

 

2) The outcomes of this review have the potential to reshape the structure, governance, and democratic accountability of local authorities across Hertfordshire, including East Herts District Council.

 

3) The Council’s position within this process will have lasting implications for our residents, staff, services, and local identity.

 

4) The decision on East Herts District Council’s preferred option within the LGR process is currently due to be made by the Executive without prior consultation or open debate by all Members.

 

5) As a council that prides itself on being transparent, democratic, and listening to the voices of its Members and residents, it is vital that such a fundamental matter is discussed and determined in a public and inclusive forum where all District Councillors are able to contribute and vote.

 

Council therefore believes that:

 

a)           The determination of the Council’s preferred position within the Local Government Review should not rest solely with the Executive.

 

b)           All elected Members, as the democratically chosen representatives of their communities, should have the opportunity to consider, debate and vote on this issue.

 

c)            Open discussion will strengthen the legitimacy and credibility of the Council’s eventual position and ensure that it reflects the collective view of the authority.

 

Council resolves to:

 

1)           Replace the briefing with an Extraordinary Meeting of the Council on Thursday 13 November 2025 at 7pm to consider and debate the options presented within Local Government Reorganisation for Hertfordshire.

 

2)           Ensure that a comprehensive briefing paper outlining each option, along with its potential implications for East Herts, is circulated to all Members in advance of the meeting.

 

3)           Allow an indicative vote of all Members at that meeting to help inform the Executive prior to it making a final decision on the Council’s preferred unitary option at its meeting on 18 November 2025.