Agenda and minutes

(Assistant to the Chief Executive). To report the appointment of any substitute members for the meeting.

It was reported that Councillor K Chana was substituting for Councillor J Hart, that Councillor Mrs Whitehouse was substituting for Councillor Mrs Haigh and Councillor B Rolfe was substituting for Councillor Mrs Harding.

(Assistant to the Chief Executive). To declare interests in any items on the agenda.

In considering whether to declare a personal or a prejudicial interest under the Code of Conduct, Overview & Scrutiny members are asked pay particular attention to paragraph 11 of the Code in addition to the more familiar requirements.

This requires the declaration of a personal and prejudicial interest in any matter before an OS Committee which relates to a decision of or action by another Committee or Sub Committee of the Council, a Joint Committee or Joint Sub Committee in which the Council is involved and of which the Councillor is also a member.

Paragraph 11 does not refer to Cabinet decisions or attendance at an OS meeting purely for the purpose of answering questions or providing information on such a matter.

No declarations of interest were reported pursuant to the Councils Code of Conduct.

Councillor D Kelly was appointed to Vice Chairman for the duration of the meeting.

Decisions required:

To confirm the minutes of the meetings of the Committee held on 31 January 2008.

            RESOLVED:

That the minutes of the meeting held on 31 January 2008 be taken as read and signed by the Chairman as a correct record.

(Deputy Chief Executive) From time to time the OSC invites in Essex Police to discuss local policing issues. The last liaison took place on 13 December 2006 and focused on the Neighbourhood Policing Initiative.

As part of these arrangements, Superintendant Stuart Aston has been invited to the Committee to update Members on current work and issues and answer Members questions.

The Committee welcomed Superintendent Stuart Ashton and Inspector Neil Fox, they had been invited to address the Committee on the Police’s current work and issues of the District. Superintendant Ashton introduced himself to the Committee. He said that he was based at Harlow Police Station and his responsibilities are for the neighborhood and partnership side of policing for Brentwood, Harlow and Epping districts. He is also responsible for all the uniformed Police officers and PCSOs who deliver Neighborhood Policing across the division - excluding traffic officers, and is also the chair of the Epping Forest District CDRP.

He has been in post for 12 months, prior to this role was the District Commander at Harlow District.

Superintendant Ashton told the Committee that the Neighbourhood Police Initiative was introduced in 2006. All Police forces are required to have this in place by 1 April 2008.  The principle of Neighbourhood Policing is to have the right people, in the right place at the right time. The County is broken up into 9 areas and Inspector Harvey heads up the area containing the Epping Forest District. They work with the local Council’s Crime and Disorder Unit. All Neighbourhood Specialist Officer are contactable via mobile phones and each one has a website page.

There are nine Neighbourhood Action Panels across the district that get additional support from the Joint Action Groups.

Recent operations carried out:

• Over the last six months, automatic number plate recognition systems has been active in the area.
• Last November they targeted Anti Social behaviour in Loughton and had an anti-knife operation at Epping Forest College.
• A joint operation targeting Housing fraud which had resulted in two arrests.

They can task Police Community Support Officer to take specific initiatives such as targeting theft and pick-pocketing at markets and patrolling Limes Farm after the recent murder.

They also have ride-along schemes where Councillors can ride in a patrol car and experience a working shift with serving officers.

They are proud of their successes and they way they work together with the community to reduce crime and anti-social behaviour. The public needs to be re-involved to help in reducing anti-social behaviour in the district to feel safer.

The Superintendant then took questions from members.

Councillor Mrs Richardson asked:

"Why are told that crime is not on the increase, generally (locally & nationwide), when there are indications that this is not the case.  It would appear that the goal posts on crime have been moved, giving an increased tolerance of what is and is not a crime.  I.e. some crimes now only incur a fixed penalty fine.  How long before murder itself will only incur such a penalty.

With the amount of time the police have to spend on paperwork and procedure, despite the use of civilian assistants and CPO`s, there is a massive shortage of visible policing in general.  Would you agree that a major shake-up of the entire system, to free up officers to do what they are basically intended for, is  ...  view the full minutes text for item 73.

(Assistant to the Chief Executive) To receive a report from the Constitution and Members Services Standing Scrutiny Panel.

Councillor Church introduced the Constitution and Members Services Standing Scrutiny Panel report on Local Government and Public Involvement in Health Act 2007 – Local Authority Executives. The Panel had considered the Act’s requirement for Local Authority Executives. It provided for two types of Executive:

(a)        an elected mayor and Cabinet of two or more Councillors appointed by the mayor;  and

            (b)        a Councillor elected by the authority as Leader with two or more Councillors appointed to the Executive by the Leader.

The Council could opt to move towards an Elected Mayor and Cabinet Executive which would involve a referendum and widespread consultation. The Council would also have to publish a document which demonstrates how a new form of Cabinet would assist with continuous improvement in the Council’s performance.  Alternatively, the Council could opt to continue with the Leader and Cabinet Executive. 

Having considered the position, the Panel felt that the Council would be best advised to continue with the Leader and Cabinet option. In coming to this conclusion they took into consideration the fact that adjusting the Executive Consultation to the new requirements of the Act would be less time consuming than seeking an Elected Mayor. They also had not seen anything which convinced them that an Elected Mayor was more likely to enable continuous improvement than the present executive.  They were not aware of any proposal from the community or elsewhere in favour of the Elected Mayor option and drew attention to the fact that when the Local Government Act 2000 came into being the Council conducted statutory consultation which provided very little support from the community for this idea.

The Panel felt that the Council should take the opportunity to review the operation of the Cabinet and to make changes where this is considered appropriate. 

            RESOLVED:

            That a report be submitted to the Council recommending as follows:

(a)        that this Council continue to operate a Leader and Cabinet Executive and rejects the option contained in the 2007 Act for an Elected Mayor and Cabinet Executive;

(b)        that the existing Executive Constitution be varied in accordance with statutory requirements and reviewed at a later stage once Government regulations have been published so that a public statement regarding changes to the Executive Constitution can be prepared, a timetable set and transitional arrangements agreed;

(c)        that the existing provisions of the Executive Constitution regarding the removal of the Leader of the Council by resolution of the Council be continued as part of any variations in the Constitution subject to further consideration of Government regulations once published.

(Chairman of the Environmental and Planning Standing Panel, Councillor Mrs P Smith). The next meeting of the Panel, to be held on 28 February 2008, will be invited to formulate a response to the above draft strategy which is currently subject to consultation .

Their response will be sent out as a late report for consideration and endorsement by the Committee for submission to the consultation.

The Committee noted that becaues of the loss of power to the Civic Offices that day the promised report that for this item that was to be tabled could not be printed and distributed. However the Committee accepted that the the Environment and Planning Standing Panel had already scrutinised this topic and agreed to accept their conclusions. If the Committee members wanted to see the original government report they could see it on the following website: 

www.lbro.org/documents/publications/lbro_draft_strategy_0811.pdf

            RESOLVED:

            That the Overview and Scrutiny Committee:

(i)         noted the receipt of the Local Better Regulation Office consultation paper and the Council’s response agreed by the Environmental and Planning Services Standing Panel; and

(ii)        endorsed the Councils agreed response as set out in paragraph 9 of the report.

To consider the attached report.

The Committee is asked to consider whether they are happy with the draft report (attached) and to make amendments where necessary. Any comments should be submitted to Democratic Services by Thursday, 20 March 2008 for inclusion in the final version. 

The final report will be submitted to the next meeting on 10 April 2008 for endorsement.

The Committee considered the draft Overview and Scrutiny Annual Report for 2007/08.

The following points were noted:

• that examples of where cabinet has been receptive to Overview and Scrutiny’s comments, and examples of any outcomes;
• it overstates the “strong” cross party co-operation on most panels;
• there were only 4 Task and Finish Panels this year, not 5; and
• the Chairman of the Provision of value for Money within Planning Services Task and Finish Panel should be Mrs Wagland and not Mrs Harding.

Comments were requested to be sent to Democratic Services by 20 March 2008.  It would then be amended and a final version put to the April meeting of the Committee.

To consider the attached programme.

2008/09 - Annual Review of the OS Programme.

It is intended that the next meeting of the Committee will carry out the above review with the aim of preparing its programme for next year.

Therefore the Committee is asked to give initial consideration to items for inclusion in the new plan and submit their ideas by completing the form for such requests which can be found at the back of this weeks Bulletin.

The Committee reviewed and noted the work programme for the Overview and Scrutiny Committee and its standing Panels.

It was noted that:

• we still have not had a response on the the North West Essex PCT PCT proposal for a joint scrutiny, the Deputy Chief Executive had a meeting planned with the PCT to ask them to pursue this;
• a report will come back to the Committee on the District Transport in Rural Areas Survey;
• a presentation from Lonica Vanclay will be arranged in the new year on the provision of Youth Services within the District.

The Committee is asked to appoint a new member to the ‘Provision of Value for Money within Planning Services Task and Finish Scrutiny Panel’. This vacancy follows on from the recent resignation of Councillor Peter McMillan from this Panel.

The Committee agreed to appoint Councillor B Rolfe to the vacancy in the Provision of Value for Money within Planning Services Task and Finish Panel.

Recommendations:

(1)        To review the Cabinet agenda and indicate matters of concern/comment for the Chairman to discuss with the Cabinet; and

(2)        To raise any further matters to be discussed with the Cabinet at their next meeting on 10 March 2008.

The Executive Procedural Rules (Rule 2.2 (iii) and (v) provide an opportunity at Cabinet meetings for Members of this Committee to raise any matters for consideration by the Cabinet (Overview and Scrutiny Rule 16). This items provides an opportunity to raise such matters either in relation to proposed Cabinet items or other matters of concern. 

The Chairman of the Committee will report accordingly to the Cabinet at its next meeting.

The Committee noted item 22 on the cabinet agenda “Feasibility of Sports Hall Provision and Waltham Abbey Swimming Pool” and were content that this should happen.