Agenda item

The decision made by the Sub Committee at its meeting on 15 July (minute 5 refers) was called in and considered by the Corporate Scrutiny Committee on 26 August.  A copy of the report considered by that Committee is attached, along with its Appendices 1 and 3. 

The recommendations of the Corporate Scrutiny Committee will be circulated as soon as they are available. 

The Sub Committee is now requested to consider these recommendations.  In accordance with Scrutiny Procedure Rule 12.8 the Sub Committee is not bound to accept any advice offered to it and has sole discretion on any further action to be taken, including:

1. Confirming with or without amendment the original decision; or
2. Deferring the matter pending further consideration; or
3. Make a different decision.

The decision made by the Sub Committee at its meeting on 15 July (minute 5 refers) had been called in and considered by the Corporate Scrutiny Committee on 26 August 2010.  The reasons for the call in of the decision, the report considered by the Corporate Scrutiny Committee, and its recommendations had all been circulated to the Sub Committee. 

The Sub Committee was advised that whilst it could consider and comment upon the recommendations made by the Scrutiny Committee it was not its role to make recommendations on them; it was advised that this was for Cabinet to do and that the Sub Committee should therefore refer its comments on the Corporate Scrutiny recommendations to Cabinet. 

In considering the recommendations of the Corporate Scrutiny Committee Members were informed that Officers were in the process of drawing up a schedule of decisions that would need to be made over the coming months so as to accommodate, wherever possible, meetings and time for dialogue with the relevant Scrutiny Committees.  In addition it was reported that it was proposed to invite Scrutiny Committee Members to be part of the competitive dialogue process although it was noted that the timetable for the procurement would be very demanding.    

In the light of the advice received the Sub Committee considered the specific recommendations of the Corporate Scrutiny Committee, and commented as follows: -

Reason for call in Ground 1‘That because of the value of this Contract, it should be subject to Scrutiny’

Recommendation of the Corporate Scrutiny Committee

The Transformation of Highways Sub-Committee be informed that the Committee offers no advice in respect of this matter, on the grounds that the criteria used to determine whether a matter should be subject to Overview and Scrutiny does not specify a monetary value.

Comment of the Sub Committee

That this be noted

Reason for call in Ground 2 ‘That Members have not been given the opportunity to scrutinise other options for the delivery of highway services, for example alliances with other authorities.’

Recommendation of the Corporate Scrutiny Committee

(1)  The Portfolio Holders serving on the Transformation of Highways Sub-Committee be requested to open dialogue with immediate effect with this Committee and the Environment and Prosperity Committee, with a view to consulting fully with both committees in relation to their respective interests in this matter, and the sub-committee be advised that the two Overview and Scrutiny committees may wish to be given an opportunity to scrutinise other options for the delivery of highway services, including alliances with other authorities.

(2)  Additionally, Cabinet be informed that this Committee believes there are lessons to be learned from inadequacies identified in the consultation arrangements in respect of the transformation of Highway Services and would therefore urge Cabinet to put in place measures to ensure that in future, Overview and Scrutiny committees are given an opportunity to be consulted on all matters that appear within the Forward plan in a timely fashion.

Comment of the Sub Committee

That in respect of (1) the request of the Corporate Scrutiny Committee be noted, and that Officers proceed with preparing a schedule of decisions to be made, to include time for consideration by the Scrutiny Committees.

That in respect of (2) Cabinet be asked to note the request and to comment further as appropriate.

Reason for call in Ground 3‘The impact on the employment of highways staff by the proposed outsourcing.’

Recommendation of the Corporate Scrutiny Committee

The impact upon existing staff, both Cheshire East Council and Bam Nuttall, be considered as a very important aspect of any dialogue entered into and accordingly, should the transfer of highways services proceed, this Council should apply TUPE regulations in an exemplary manner.

Comment of the Sub Committee

That this be noted.

RESOLVED

1. That the comments of the Sub Committee be taken into account by Cabinet in considering a response to the recommendations of the Corporate Scrutiny Committee.

2. That Cabinet consider a response to the Corporate Scrutiny Committee regarding consultation on matters that appear on the Forward Plan.