Agenda item

(Director of Governance) To consider the attached report and agree the draft Terms of Reference of the newly commissioned Select Committees.

Resources Select Committee Terms of Reference to follow.

The Committee considered the newly established Select Committee’s Terms of Reference following the Council’s procedure rules for the operation of the Overview and Scrutiny Function.  The terms of reference were developed between the lead officers and the Chairmen of each committee before they went to the first meeting of that select committee for consideration and agreement. The terms of reference were intended to reflect the scope of each committee who were to provide regular progress reporting on relevant matters to be made to the Overview and Scrutiny Committee.

The Housing Select Committee had requested that consideration be given to some concerns that they had. They were unhappy with the approach required by the Overview and Scrutiny rules. They considered that undue delays may be caused by them having to first report to the O&S Committee instead of just going straight to either the relevant portfolio holder or the Cabinet. They also considered that approach was overly bureaucratic.  However it should be noted that the current procedure rules did allow direct reporting of the type favoured by the Select Committee, with the prior agreement of the parent Overview and Scrutiny Committee.

The Select Committee therefore considered that the terms of reference for either all of the select committees (or just the Housing Select Committee) should allow:

(a)       the Select Committee to be able to report and make recommendations directly to the Cabinet or relevant Portfolio Holder when appropriate, particularly where the Cabinet/Portfolio Holder had requested them to do so; and

(b)       the Cabinet or a Portfolio Holder to be able to request (direct) a Select Committee to look at a particular issue and report/make recommendations to them (direct).

Although the Housing Select Committee had suggested that the ability to report and make recommendations directly to the Cabinet or relevant Portfolio Holder could be extended to all of the select committees, this concern has not been raised by any of the other committees.

The Housing Select Committee has also identified that it would be helpful for the select committees to be able to establish small ‘working groups’ of members when necessary to consider specific issues. Although this approach was agreed by the Task and Finish Panel that undertook the review of the overview and scrutiny framework, the Housing Select Committee has raised concerns that this ability was not explicitly referred to in the proposed terms of reference for the select committees.

However, there was nothing within the current overview and scrutiny rules to prevent a Select Committee from setting up such a member group, provided that the specific issues were within the remit of that Select Committee (i.e. not a function of the Executive, the Overview and Scrutiny Committee or another Select Committee) and that any decisions are made by the select committee itself, including making recommendations to the Overview and Scrutiny Committee or the Executive (via the Overview and Scrutiny Committee).

It should be noted that the Council’s procedure rules for the operation of the overview and scrutiny function were currently being reviewed as part of the ongoing review of the Constitution, a process which is not likely to be completed before March 2016. This exercise would include the bringing of the rules up to date to reflect the new select committee framework and it was intended that the overview and scrutiny rules would be considered by the Constitution Working Group in September 2015. It was considered that the issue of setting up working groups would best be addressed through an addition to the Overview and Scrutiny Rules as part of the ongoing review of the constitution.

Councillor Murray, Chairman of the Housing Select Committee, commented that they had looked at their Terms of Reference carefully and came to a unanimous view on their asking for these change of rules. However, it was not for them to impose this other Select Committees but it was what was wanted by his committee.

Councillor Neville said that this would be like not using a PICK form and the Cabinet pushing work onto the Committee. Councillor Murray replied that this had been done by agreement, they would ask and the Committee would agree to accept it or not. They were as rigorous at challenging the portfolio holder as any other committee.

Councillor Stallan said he supported Councillor Murray. On occasions when Cabinet considered raising issues, the best place to look at these issues would be to ask the Select Committee; there was a benefit to having these things reviewed by scrutiny. They have reviewed two big documents for us; the benefit was having them reviewed early. He could not see the point in them coming to this committee as well and then onward to the Cabinet. The experts were the councillors on the Housing Select Committee, apart from the officers and himself. This system worked.

Councillor Neville noted that generally speaking it was a good thing to cut out the middle men.

Councillor Mohindra asked if the recommendations should be changed to reflect this. Mr Tautz replied that there was no need; they could agree the Housing Select Committee Terms of Reference for now and consider the rules of O&S at the Constitution working group meeting, factoring these principles into their discussions adding in the fact that they could set up their own working groups into the Housing Select Committee’s Terms of Reference. This was agreed by the committee.

RESOLVED:

(1)  That the proposed terms of reference for each of the select Committees be agreed;

(2)  That the Housing Select Committee have the right to set up working groups added to their Terms of Reference; and

(3)  That the comments made by this Committee be taken into account by the Constitution Working Group when they consider the O&S rules.