Issue - meetings

To consider recommendations to Council from the Governance and Constitution Committee in respect of the following matters:-

a.  Police Authority Representation on the Sustainable Communities  Scrutiny  Committee (Pages 27-32)

b.  Cabinet Support Members (Pages 33 -38)

c.  Questions at Council (Pages 39 - 42)

Consideration was given to the recommendations to Council from the Governance and Constitution Committee in respect of the following matters:

(a)               Police Authority Representation on the Sustainable Communities  Scrutiny Committee

The Governance and Constitution Committee, at its meeting on 19 November 2009 had considered proposals for Police Authority representation on the Sustainable Communities Scrutiny Committee.

The Council had designated the Sustainable Communities Scrutiny Committee as the Committee to discharge the Council’s responsibilities for crime and disorder functions, in accordance with Section 19 of the Police and Justice Act 2006. The Home Office had issued guidance in connection with Sections 19 and 20 of the Act which stated that ‘Local Authorities should, in all cases, presume that the Police Authority should play an active part at committee when community safety matters were being discussed and particularly when the Police were to be present’.

The guidance contained three options for ensuring Police Authority involvement in community safety matters. The Governance and Constitution Committee had considered the merits of each in relation to the circumstances of Cheshire East Council and its representation on the Police Authority. Option 2, which involved issuing the Police Authority with a standing invitation to attend the Sustainable Communities Scrutiny Committee as an ‘expert adviser’, appeared to give the Police Authority flexibility to send different representatives to individual meetings of the Scrutiny Committee, depending on the subject matter before the Committee.

The guidance also recommended developing a protocol between partners.

RESOLVED

1. That Cheshire Police Authority be informed that the Council supports the appointment of a Police Authority representative to the Sustainable Communities Scrutiny Committee, in accordance with option 2 as contained in the Home Office Guidance on Sections 19 and 20 of the Police and Justice Act 2006.

2. That the Borough Solicitor be authorised to make such changes to the Council’s Constitution as he considers necessary to give effect to the wishes of Council to recognise that Cheshire Police Authority receives a standing invitation to attend meetings of the Sustainable Communities Scrutiny Committee, in order for the Police Authority representative to act as an ‘expert adviser’ in respect of Community Safety matters.

3. That the Sustainable Communities Scrutiny Committee be requested   to develop a Protocol which sets out the mutual expectations of Scrutiny Members and partners in connection with the involvement of the Committee in the Community Safety Scrutiny Process.

(b)  Cabinet Support Members

The Governance and Constitution  Committee, at its meeting on 19 November 2009, considered proposed changes to the arrangements for Cabinet Support Members in relation to Scrutiny committees.

All four Cabinet Support Members had been appointed as members of overview and scrutiny committees.

It was felt, for reasons set out in the report, that there was potential for conflict between the role of the four Cabinet Support Members and their membership of overview and scrutiny committees, due to the executive nature of their role, albeit without direct responsibility for executive decision-making.

RESOLVED

1. That Cabinet Support Members should not be permitted to be members of Overview and Scrutiny  ...  view the full minutes text for item 153