Agenda item

The Head of Environmental Operations presented the report to the committee confirming that the new statutory guidance had been introduced in May 2019 and the Council’s committee team had analysed the guidance to determine how compliant the Council was with it. Item 5 within the summary paper recommended consideration be given to producing an executive / scrutiny protocol.  A draft protocol was attached at appendix 3 of the report for consideration.

The Corporate and Community Committee had already considered the report and made its recommendations which were provided paper for members’ reference to avoid duplication of suggestion.

The Chairman addressed the recommendations of the Corporate and Community Committee noting that the first two noted did not apply to the Environment and Performance Committee as this committee did not have any attendance issues.  The Chairman then advised that item 5 in the recommendations was subject to a future report to the Corporate and Community Committee and therefore, the remaining recommendations were for the committee to consider agreeing their support of or not.  At this point the Chairman then opened the meeting for comments from members which included the following:

Referencing the new guidance a member questioned how the Council could effect a greater level of scrutiny bearing in mind the limitations of officer and member availability at the current time, as identified in the previous report.  The member further asked that when finances improved greater consideration be given to providing further Scrutiny resources. 

Further concern was noted that some members had a role on both scrutiny committees and in any resulting stream of scrutiny from the parent committees.  

Addressing political proportionality in the calculations of the committees, a member stated that as Scrutiny was non-political, all executive members should be withdrawn from the balance, prior to the calculation for the Scrutiny committees.  It was unfair that the executive members were included in that calculation.

A further concern referenced recommendations to Cabinet by Scrutiny which were overturned and not reported back to the respective committee.  The Head of Environmental Operations referred committee to page 86 of the papers and point 3.3 which addressed the position of portfolio holders reporting back on such issues. 

Members agreed re-wording of point 3.3 to firm up the commitment:

The Executive will be required to consider any recommendation or views expressed by the Scrutiny Committees and to take such action it sees fit.  Where any decision taken by the Executive is not in accordance with advice provided by the Committees, the relevant Cabinet Member shall attend the following meeting of the committee and provide an explanation of the reasons for that decision. 

RECOMMENDATIONS: 

That the Environment and Performance Committee agree the following recommendations tabled by the Corporate and Community Committee and identified below noted under their respective minute number reference from the Corporate and Community meeting:

3.    That it be recommended to Cabinet that the Chairman of the Scrutiny Committees be appointed at the first meeting of each Municipal Year by the Committee itself, though not by secret ballot.

4.    That meetings of the Scrutiny Committees continue to not be recorded.

6.    That the draft protocol, attached at Appendix 3 to the report, be recommended to Cabinet and Full Council for approval, but to be renamed the Executive / Scrutiny Protocol.

That the Environment and Performance Committee further agree the following recommendations in addition to those noted above and that it be recommended to Cabinet that:

1.            All Executive Members be removed from the political balance, ahead of Scrutiny committee membership proportionality being calculated.

2.            That Portfolio Holders present all reports to Scrutiny Committees, supported by the respective Council Officer solely for technical reference.

3.            That section 3.3 of the protocol be amended to read as follows:

The Executive will be required to consider any recommendation or views expressed by the Scrutiny Committees and to take such action it sees fit.  Where any decision taken by the Executive is not in accordance with advice provided by the Committees, the relevant Cabinet Member shall attend the following meeting of the committee and provide an explanation of the reasons for that decision.