Agenda and minutes

Corporate Overview and Scrutiny Committee
Thursday, 6th June, 2019 2.00 pm

Venue: Committee Suite 1,2 & 3, Westfields, Middlewich Road, Sandbach CW11 1HZ. View directions

Contact: Mark Nedderman  Senior Scrutiny Officer

Items
No. Item

11.

Apologies for Absence

Minutes:

An apology for absence was received from Councillor J Bratherton.

12.

Declaration of Party Whip

To provide an opportunity for Members to declare the existence of a party whip in relation to any item on the agenda.

Minutes:

There were no declarations of the existence of a party whip.

13.

Declarations of Interest

To provide an opportunity for Members and Officers to declare any disclosable pecuniary and non-pecuniary interests in any item on the agenda.

Minutes:

Councillor A Moran advised the committee that, owing to his interest in the item to be considered as one of the six elected members that called-in the decision, he would not act as a member of the committee for the consideration of the item.

 

The Interim Director of Governance and Compliance (Monitoring Officer) confirmed that this was the appropriate action to be taken, based on the interest declared in the item.

14.

Public Speaking Time/Open Session

A total period of 15 minutes is allocated for members of the public to make a statement(s) on any matter that falls within the remit of the Committee.

 

Individual members of the public may speak for up to 5 minutes, but the Chairman will decide how the period of time allocated for public speaking will be apportioned, where there are a number of speakers.

 

Note: In order for officers to undertake any background research, it would be helpful if members of the public contacted the Scrutiny officer listed at the foot of the agenda, at least one working day before the meeting to provide brief details of the matter to be covered. 

Minutes:

Councillor A Moran made representation to the committee and expressed his view that members of the 2019/20 Corporate Overview and Scrutiny Committee that had previously been members of the Cabinet in 2018/19 (when the called-in decision was taken,) should be required to declare an interest in the item and be exempted from partaking in the consideration of the called-in decision.

 

The Interim Director of Governance and Compliance (Monitoring Officer) responded to the concerns raised by Councillor A Moran. The committee was advised that, as the called-in decision was taken by the 2018/19 Portfolio Holder for Finance and Communications and not the Cabinet, members of the Cabinet were not conflicted on this matter and would therefore not be required to be exempted from the deliberation and decision on the item. 

15.

Exclusion of Public and Press

The report or parts thereof relating to the remaining item on the agenda has been withheld from public circulation and deposit pursuant to Section 100(B)(2) of the Local Government Act 1972 on the grounds that the matters may be determined with the press and public excluded.

 

The Committee may decide that the press and public be excluded from the meeting during consideration of the items pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that it involves  the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A to the Local Government Act 1972 and the public interest would not be served in publishing the information.

Minutes:

RESOLVED

 

That the press and public be excluded from the meeting during consideration of the following item pursuant to Section 100(A)4 of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 of Part 1of Schedule 12A to the Local Government Act 1972 and the public interest would not be served in publishing the information.

16.

Call-in of Decision relating to ASDV Programme Update

Additional documents:

Minutes:

The Interim Director of Governance and Compliance (Monitoring Officer) introduced the report of the Interim Executive Director of Corporate Services (Deputy Monitoring Officer), and advised the committee of their role in determining the matter.

 

As per the Council’s procedure for call-in meetings, the Chairman called on Councillor S Pochin, as the nominated spokesperson for the call-in group, to explain the reasons why the decision was called-in.

 

Following this, the Acting Deputy Chief Executive and Executive Director of Place was asked to, in light of the fact that the then Portfolio Holder for Finance and Communications was not re-elected on 2 May 2019, explain the reasons for the decision and provide context in respect of the issue under which the decision was called-in.

 

The committee unanimously agreed that it should accept the call-in request and proceed to its deliberation as to whether it would provide any advice to the decision taker.

 

Members of the committee then directed questions to the officers present to ensure that it would be able to take informed and well-evidenced decision.

 

A motion was proposed and seconded which stated that the Committee accept the call-in and advise the relevant portfolio holder now responsible for this matter, that adequate consultation needed to be undertaken with the appropriate persons and bodies in respect of the decision that was taken.

 

The vote on the motion was tied and, following the Chairman’s decision to not exercise a ruling vote, the proposition failed.

 

The Chairman proposed that the committee accept the call-in and, instead of providing advice direct to the decision taker, recommend that the Constitution Committee review the constitutional process for providing elected members with Part 2 (exempted) information, and the time that is provided to review such information when it is provided to elected members; and that this would conclude the matter.

 

The motion was seconded and unanimously carried.

 

The Chairman confirmed that this meant that the committee would not be issuing advice to the relevant portfolio holder in respect of the called-in decision, and that the decision would therefore be implemented with immediate effect.

 

RESOLVED

 

That the committee accept the call-in request of the call-in group and, instead of providing advice direct to the decision taker or appropriate portfolio holder, recommend that the Constitution Committee review the constitutional process for providing elected members with Part 2 (exempted) information, and the time that is provided to review such information when it is provided to elected members; and that this would conclude the matter.