Agenda and minutes

Cheshire Police and Crime Panel
Friday, 15th March, 2019 10.00 am

Venue: Council Chamber, Wyvern House, The Drumber, Winsford CW7 1AH

Contact: Julie North  Democratic Services Manager

Items
No. Item

56.

Exclusion of the Public and Press

To consider passing a resolution under Section 100(A)(4) of the Local Government Act 1972 to exclude the public and press from the meeting for the following item(s) of business on the grounds that they involve the likely disclosure of exempt information in accordance with paragraphs 1 and 2, pursuant to part 1 of Schedule 12 (A) of the Act.

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 8 of Part 1 of Schedule 12A to the Local Government Act 1972 and the public interest would not be served in publishing the information.

PART 2 - MATTERS TO BE CONSIDERED WITHOUT THE PRESS AND PUBLIC

57.

Review and Scrutiny of the Police and Crime Commissioner's decisions and actions in relation to the disciplinary action taken against the former Chief Constable, Simon Byrne

The Panel Members will question the Commissioner in private.

Minutes:

Panel members questioned the Commissioner on the detail of the legal advice he had received and shared, on a confidential basis, with the Panel.

PART 1 - MATTERS TO BE CONSIDERED WITH THE PRESS AND PUBLIC PRESENT

58.

Apologies

Members are reminded that, in accordance with governance procedure rule 2.7, Panel Members, or their constituent authority, may nominate substitute members of the Panel in the event that the appointed representative(s) is/are unable to attend the meeting.  Advance notice of substitution should be given to the host authority wherever possible.  Members are encouraged wherever possible to secure the attendance of a substitute if they are unable to be present.

Minutes:

Apologies were received from Councillor Mick Warren (Cheshire East Council) and Councillor Jan Davidson (Warrington Borough Council).

59.

Code of Conduct - Declaration of Interests. Relevant Authorities (Disclosable Pecuniary Interests) Regulations 2012

Members are reminded of their responsibility to declare any disclosable pecuniary or non-pecuniary interest which they have in any item of business on the agenda no later than when the item is reached.

Minutes:

Councillor Andrew Dawson indicated that he was a practicing solicitor and would be employing his professional experience and expertise in questioning the Commissioner.

60.

Public Participation

To receive questions from members of the public in accordance with governance procedure rule 14.  A total period of 15 minutes will be allocated for members of the public to speak at Panel meetings.  Each member of the public shall be limited to a period of up to 5 minutes speaking.

 

Members of the public may speak on any matter relating to the work of the Panel. During public speaking time, members of the public may ask questions of the Panel and the Chairman, in responding to the question, may answer the question, may decline to do so, may agree to reply at a later date or may refer the question to an appropriate person or body.

 

Questions will be asked and answered without discussion.  In order for officers to undertake any background research, members of the public who wish to ask a question at a Panel meeting should submit the question at least a day before the meeting.

 

Members of the public are able to put questions direct to Cheshire’s Police and Crime Panel via social media platform Twitter.

 

The Cheshire Police and Crime Panels’ Twitter account @CheshirePCP

Minutes:

Mr Robert Selby spoke on two issues relating to the suspension of the former Chief Constable. He asked the Panel to seek clarification from the Commissioner over the overall costs associated with the suspension and also drew the Panel’s attention to the abuse of process hearing that had been held in April 2018.

 

At the invitation of the Chairman, the Commissioner responded to the points raised by Mr Selby. The Commissioner indicated that he had openly published the full costs associated with the Chief Constable’s suspension, but that it would have been misleading to have included his salary, as this would have been paid had he remained on duty. The Commissioner indicated that comprehensive information on the abuse of process hearing had been published. He also noted that the hearing had not been successful in halting the disciplinary hearing.

 

61.

Minutes of Meetings Held on 8 February 2019 pdf icon PDF 109 KB

To approve the minutes of meetings held on 8 February 2019:

 

Regular meeting of the Panel

Confirmation Hearing

Additional documents:

Minutes:

The Minutes of the previous two meetings, both held on 8 February were reviewed.

 

RESOLVED

           

1          That the minutes of the regular meeting held on the morning of 8th February be approved as a correct record.

 

2          That the minutes of the Confirmation Hearing held on the afternoon of 8th February be approved as a correct record.

 

62.

Review and Scrutiny of the Police and Crime Commissioner's decisions and actions in relation to the disciplinary action taken against the former Chief Constable Simon Byrne pdf icon PDF 57 KB

To consider the above report.

Additional documents:

Minutes:

The Panel questioned the Commissioner in detail on the process that had been followed and the decisions that had been taken in relation to the suspension and subsequent disciplinary action against the Chief Constable. Following the questioning a number of Panel members summarised their views so that they could be included in the Panel’s report. 

 

RESOLVED

 

That Panel members submit any comments or observations to the Secretariat who would then produce a draft report for consideration by the Chairman who would approve a report for publication. 

 

63.

Constabulary Recruitment Process

To receive an oral update.

Minutes:

The Chairman indicated that this issue would be considered at the next meeting of the Panel.