Model constitution for Community and Police Consultative Groups

Report: 6
Date: 24 April 2003
By: Clerk

Summary

This paper is a progress report on the preparation of a model constitution for Community and Police Consultative Groups (CPCGs).

On 11 November 2002, the draft model constitution was sent to the 34 CPCGs (and other interested parties) for comment as part of a comprehensive consultation exercise. Responses were requested by 31 January 2003.

By the close of the consultation period, 41 responses had been received. Responses were submitted by individual CPCG members, one local council, the London PCCG Forum and by 32 CPCG panels.

A. Recommendation

That members agree to proceed with the further work proposed.

B. Supporting information

1. The responses to the model constitution varied in length, ranging from a few pages of general comments to full-scale amendment of almost every individual clause within the draft constitution. The majority of the responses demonstrated that the CPCGs had carefully and comprehensively analysed the proposed constitution, and had made substantive comments and suggestions in respect of the proposals.

2. Having reviewed the nature of the responses, it was evident that the task of analysing the responses and presenting the comments in an effective form would be a time-intensive task. A secondee from the MPA’s solicitors was retained to analyse the responses and collate them in tabular form. The secondee was also instructed to redraft the model constitution in the light of the comments, where it was practicable and appropriate to do so.

3. The task of reviewing and collating the responses took three weeks. A 146-page table, detailing the comments received and amendments suggested by each respondent in relation to every clause and sub-clause of the draft constitution has now been compiled.

4. This table has been reviewed by Julia Smith and Nicholas Long in order to determine which of the suggested amendments it would be feasible and appropriate to incorporate into the model constitution.

5. Following this review, considerable re-drafting has been undertaken in order to accommodate the respondents’ suggestions.

6. However, as a result of the review, collation and re-drafting tasks an area of legal ambiguity has been identified which may have an impact upon the relationship between the MPA and the CPCGs. Further comprehensive legal advice is urgently being sought in order to clarify the matter.

7. The decision to obtain legal advice is designed to resolve and identify the exact implications of the legal uncertainty detected in recent weeks. Progress on the re-drafting of the model constitution will continue as far as possible whilst recognising that it cannot be completed until the outcome of legal advice is available and has been considered by the Authority.

Revised timetable for the adoption of the model constitution

9. Due to the need to obtain legal advice, the timetable for the adoption of the model constitution will need to be revised.

10. At the last meeting of the Committee, it was envisaged that the draft constitution should be presented to the Consultation Committee on 24 April 2003. It was hoped that, subject to the Committee’s approval, the model constitution would then be adapted to produce individual constitutions for each CPCG (reflecting, where possible, local variation). These individually adapted constitutions would them be sent out in early May for a further period of consultation and ratification, to be concluded by 30 June 2003.

11. Every effort will be made to resolve the legal but fundamental issues swiftly in order to present a comprehensive paper to the Committee at its next meeting if possible.

12. In the meantime, CPCGs should of course continue to discharge their business as before. The current provisions for the funding of the CPCGs in the oncoming financial year will remain unaffected.

C. Equality and diversity implications

There are no direct implications arising from the report.

D. Financial implications

Further costs will be incurred in clarifying the legal issues raised above. These costs are yet to be determined.

E. Background papers

• CPCG Draft Model Constitution
• 288,000 for ICV Panels

F. Contact details

Report author: Liz McSweeney, CDO Unit, MPA.

For more information contact:

MPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

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