Agenda item

To consider the recommendations from the Constitution Committee.

The Constitution Committee had appointed a cross-party member working group to conduct a review of the arrangements relating to the Council’s scrutiny committees and policy development groups. The Working Group had appointed Professor Steve Leach and Professor Colin Copus of DeMontfort University to undertake the work required in respect of the review. Their report and recommendations had been submitted to the PDG/Scrutiny Review Working Group, which had supported the recommendations contained in the report.

 

The Constitution Committee, at its meeting on 1 May 2014, had considered the report’s recommendations, together with a range of proposals concerning the Council’s governance arrangements, including the Constitution Working Group’s suggestions concerning the size of Committees, the Terms of Reference of the Staffing Committee, Audit and Governance Committee and Health and Wellbeing Board and the introduction of Cabinet Support Members and resolved to recommend to Council:-.

 

1.    The abolition of the Councils existing Scrutiny and Policy Development Group arrangements and the creation of five overview and scrutiny committees, reflecting Cheshire East Council’s five strategic priorities: Communities, Economy, Life Skills, Environment and Health.

 

2.    The adoption of the terms of reference, attached as Appendix B to the report to the Constitution, as the committees’ terms of reference, with each committee having all relevant overview and scrutiny powers under the Local Government Act 2000; together with the appropriate committee having responsibility for the Alternative Service Delivery Vehicle (ASDV) which best fits within the work of that committee.

3.    The creation of an overarching Cheshire East Overview and Scrutiny Committee, having all relevant overview and scrutiny powers under the Local Government Act 2000, and the terms of reference and scrutiny powers appended to the report, with those additional responsibilities set out in recommendation 10 of the PDG/Scrutiny Review Report; the powers of this committee also to include the power to determine which overview and scrutiny committee should take responsibility for specific pieces of work where there may be uncertainty.

 

4.    The designation of the Communities Overview and Scrutiny Committee to deal with crime and disorder issues under the Police and Justice Act 2006; the Environment Overview and Scrutiny Committee to deal with scrutiny of Flood Risk Management arrangements under the Flood Risk management Overview and Scrutiny (England) Regulations 2011; the Health Overview and Scrutiny Committee to deal with health scrutiny requirements under the Health and Adult Social Care Act 2012.

 

5.    That the Life Skills Overview and Scrutiny Committee have the responsibility of co-opting faith and parent-governor representatives to deal with education matters.

 

6.    The amendment of the existing call-in arrangements as set out in recommendation 13 of the PDG/Scrutiny Review Report, including the reduction in the number of Members required to trigger a call-in from 8-6 and the inclusion of provisions requiring reasons for call-in (as set out in the PDG/Scrutiny report) to be stipulated and the empowerment of the Head of Legal Services and Monitoring Officer to be the arbiter if the justification for call-in is disputed.

 

7.    That the number of Council Members who will be members of each of the five overview and scrutiny committees be eight (which may be supplemented by up to two members of the public).

 

8.    That, in acknowledgement of recommendation 12 of the report by Professors Leach and Copus, as set out in Appendix A of the report to the Constitution Committee, the Council move to a position where there is some sharing of committee chairs and vice chairs with opposition parties, subject to an appropriate behavioural protocol being adopted.

 

9.    That the Special Responsibility Allowances paid to the Chairmen and Vice-Chairmen of the new overview and scrutiny committees be the same as those paid to the Chairmen and Vice-Chairmen of the Council’s existing scrutiny committees.

 

10.That the membership of those bodies referred to in paragraph 12.2 of the report be reduced as indicated in that paragraph with the exception of the Licensing Committee whose membership shall remain at 15 (and whose quorum as a consequence shall remain unchanged), with the quorum for planning boards and committees being reduced from 5 to 4 members.

 

11.That the proposed terms of reference of the Staffing Committee (as circulated at the Staffing committee meeting), of the Audit and Governance Committee and the Health and Wellbeing Board, as set out in Appendices D and E of the report respectively, be adopted as the terms of reference of those bodies subject to the further amendments to the Audit and Governance Committee’s terms of reference as agreed at the meeting.

 

12.That the responsibilities of Deputy Cabinet Members, as contained in Appendix F of the report, be noted and included in the Constitution subject to any further drafting changes which might be made to reflect the discussion at the Committee’s meeting and which might be put forward before consideration by Council.

 

13.Given that a recommended job description is now in place in respect of the role of Deputy Cabinet Members, and having regard to the report of the Independent Remuneration Panel presented to Council on 27^th February 2014, Special Responsibility Allowances be paid to the newly-appointed Deputy Cabinet Members in accordance with the arrangements which currently apply to Cabinet Support Members.

 

14.That the Head of Legal Services and Monitoring Officer be given delegated authority to make such consequential and other changes to the Council’s Constitution as she considers necessary to give effect to the wishes of Council.

 

The Chairman of the Constitution Committee, Cllr A Martin, formally proposed the recommendations of the Constitution Committee, with the following additions, which had been discussed between the Leader of the Council and the other Group Leaders, and this was duly seconded: -

 

·         That the overarching overview and scrutiny committee, referred to in recommendation 3 comprise 13 Members of the Council, on a politically proportional basis.

That a period of time after the meeting of the Council be provided for the Group Leaders to make any suggested changes to the finer details of the matters to be agreed by Council, with delegated authority being given to the Head of Legal Services and Monitoring Officer to make such consequential changes to the Constitution as she considers reasonably arise from the recommendations and the proposed representations, in consultation with the Chairman of the Constitution Committee and the Leader of the Council, in particular, relating to:-

·         The titles of the new overview and scrutiny committees, which would be changed to reflect the new titles and responsibilities of Portfolio Holders announced under Item 13 of the agenda.

·         The job description of Deputy Cabinet Member.

·         The arrangements for public involvement in the overview and scrutiny committees;

·         The responsibilities for overview and scrutiny of the work of the ASDVs.

 

AMENDMENT 1

 

The following amendment was proposed and seconded and declared carried:-

 

“That Council accept all of the recommendations of the Constitution Committee, as supplemented by the additions proposed by the Chairman of the Constitution Committee, but with a change to the effect that the Committee sizes on pages 9 & 10 of the agenda (and referred to in recommendation 10 on page 12) remain the same as they currently are, with the exception of the Strategic Planning Board, Northern Planning Committee and Southern Planning Committee, whose figure would be 15 each, subject to the usual requirements relating to proportionality, as discussed between the Groups and as circulated in respect of Item 15 and that there be no change in quorum figures.

 

The cross-party Working Group should be given a proper opportunity to consider the question of Committee sizes again, and this can take place before the autumn, following which a more fully considered report can be brought before Council.”

 

AMENDMENT 2

 

An amendment to delete recommendation 13 from the Constitution Committee, relating to the payment of a Special Responsibility Allowance to Deputy Cabinet Members, was proposed and seconded and declared lost.

 

Declarations of Interest.

 

(Following the proposal and seconding of the above amendment Cllrs S Gardiner, Rhoda Bailey and L Brown declared a pecuniary interest, by virtue of being put forward as Deputy Cabinet Members. In accordance with the general dispensation approved by the Audit and Governance Committee at its meeting on 27 September 2012 the Members remained in the room).

 

RESOLVED

 

1.    That the Council’s existing Scrutiny and Policy Development Group arrangements be abolished and that five overview and scrutiny committees be created, reflecting Cheshire East Council’s five strategic priorities: Communities, Economy, Life Skills, Environment and Health.

 

2.    That the terms of reference, attached as Appendix B to the report to the Constitution Committee, be adopted as the committees’ terms of reference, with each committee having all relevant overview and scrutiny powers under the Local Government Act 2000; together with the appropriate committee having responsibility for the ASDV which best fits within the work of that committee.

 

3.    That an overarching Cheshire East Overview and Scrutiny Committee be created, comprising 13 Members of the Council, on a politically proportional basis, having all relevant overview and scrutiny powers under the Local Government Act 2000, and the terms of reference and scrutiny powers appended to the report, with those additional responsibilities set out in recommendation 10 of the PDG/Scrutiny Review Report; the powers of this committee also to include the power to determine which overview and scrutiny committee should take responsibility for specific pieces of work where there may be uncertainty.

 

4.    That the Communities Overview and Scrutiny Committee be designated to deal with crime and disorder issues under the Police and Justice Act 2006; the Environment Overview and Scrutiny Committee to deal with scrutiny of Flood Risk Management arrangements under the Flood Risk management Overview and Scrutiny (England) Regulations 2011; the Health Overview and Scrutiny Committee to deal with health scrutiny requirements under the Health and Adult Social Care Act 2012.

 

5.    That the Life Skills Overview and Scrutiny Committee have the responsibility of co-opting faith and parent-governor representatives to deal with education matters;

 

6.    That the existing call-in arrangements be amended as set out in recommendation 13 of the PDG/Scrutiny Review Report, including the reduction in the number of Members required to trigger a call-in from 8-6 and the inclusion of provisions requiring reasons for call-in (as set out in the PDG/Scrutiny report) to be stipulated and the empowerment of the Head of Legal Services and Monitoring Officer to be the arbiter if the justification for call-in is disputed.

 

7.    That the number of Council Members who will be members of each of the five overview and scrutiny committees be eight (which may be supplemented by up to two members of the public);

 

8.    That, in acknowledgement of recommendation 12 of the report by Professors Leach and Copus ,as set out in Appendix A of the report to the Constitution Committee, the Council move to a position where there is some sharing of committee chairs and vice chairs with opposition parties, subject to an appropriate behavioural protocol being adopted;

 

9.    That the Special Responsibility Allowances paid to the Chairmen and Vice-Chairmen of the new overview and scrutiny committees be the same as those paid to the Chairmen and Vice-Chairmen of the Council’s existing scrutiny committees;

 

10.That the membership of those bodies referred to in paragraph 12.2 of the report remain the same as they currently are, with the exception of the Strategic Planning Board, Northern Planning Committee and Southern Planning Committee, whose figure would be 15 each, subject to the usual requirements relating to proportionality as discussed between the Groups, and as circulated in respect of Item 15 of the agenda, and that there be no change in quorum figures. That the cross-party Working Group be given a proper opportunity to consider the question of Committee sizes again, this to take place before the autumn, following which a more fully considered report should be submitted to Council.

 

11.That the proposed terms of reference of the Staffing Committee, Audit and Governance Committee and the Health and Wellbeing Board, as set out in Appendices C, D and E of the report respectively, be adopted as the terms of reference of those bodies.

 

12. That the responsibilities of Deputy Cabinet Members, as contained in Appendix F of the report, be noted and included in the Constitution, subject to any further drafting changes which might be put forward.

 

13.Given that a recommended job description is now in place in respect of the role of Deputy Cabinet Members, and having regard to the report of the Independent Remuneration Panel presented to Council on 27^th February 2014, Special Responsibility Allowances be paid to the newly-appointed Deputy Cabinet Members in accordance with the arrangements which currently apply to Cabinet Support Members.

 

14. That a period of time after the meeting of the Council be provided for the Group Leaders to make any suggested changes to the finer details of the matters to be agreed by Council today, with delegated authority being given to the Head of Legal Services and Monitoring Officer to make such consequential and other changes to the Constitution as she considers reasonably arise from these recommendations and the proposed representations, in consultation with the Chairman of the Constitution Committee and  the Leader of the Council, in particular, relating to:-

·         The titles of the new overview and scrutiny committees, which will be changed to reflect the new titles and responsibilities of Portfolio Holders announced under Item 13 of the agenda;

·         The job description of Deputy Cabinet Member;

·         The arrangements for public involvement in the overview and scrutiny committees;

·         The responsibilities for overview and scrutiny of the work of the ASDVs.