Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Chairman will read the following announcement:

“This meeting will be webcast live to the Internet and will be archived for later viewing. Copies of recordings may be made available on request.

By entering the chamber’s lower seating area you consenting to becoming part of the webcast.

If you wish to avoid being filmed you should move to the public gallery or speak to the webcasting officer”

The Assistant to the Chief Executive reminded everyone present that the meeting would be broadcast live to the Internet, and that the Council had adopted a protocol for the webcasting of its meetings.

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

It was noted that Councillor Mrs J Whitehouse had substituted for Councillor Mrs A Haigh, Councillor Mrs M McEwen had substituted for Councillor M Colling and that Councillor Mrs J Hedges had substituted for Councillor G Mohindra.

(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.

Councillor Mrs A Cooper declared a personal interest in agenda Item 6, Call-in of Cabinet report – arrangements regarding scanned planning files, by virtue of having a property that had files missing.

Decisions required:

To confirm the minutes of the meetings of the Committee held on 12 November 2009.

RESOLVED:

That the minutes of the last meeting of the Committee held on 12^th November 2009 be agreed.

To consider a call-in of the Cabinet’s Decision on ‘Arrangements regarding scanned planning files (C-055-2009-10). Call-in papers and report are attached.

The lead member of the call-in, Councillor Mrs Cooper was asked to open the discussion. She outlined her reasons for calling in the report. She said that this was commented upon at the last Local Councils Liaison Committee meeting. This issue was that local councils did not all have the appropriate IT systems to allow them to read the new electronic data base. She asked how proportionate the response was and why had the original budget doubled to £30,000. How much would the storage costs be. She emphasised that she was not against the electronic system and recognised the need for it, but thought that Planning Services were jumping ahead with this, especially as they had resources issues. How could they cope and what had prompted this.

Councillor Mrs Richardson, another signatory of the call-in added that this had been brought up at a Loughton Town Council meeting. Paper records were proven but the electronic ones were not. Sometimes it was necessary for people to see the original form. Councillor Law, another signatory, added that he was also uneasy with the system.

The responsible portfolio holder, Councillor Mary Sartin was then asked to make her opening statement. She took each of the listed reasons for the call-in in turn.

i)                    the I-Plan system was not complete as it was a living system, always being added to. The documents to be destroyed had all been scanned in;

ii)                   that the Parish Councils had not got relevant IT. The sending out of paper copies would not stop; they would always be available to be printed;

iii)                 The risks associated with the transference of the data had been tackled in the report, see paragraphs 13, 14 and 15;

iv)                 The notion that the money had been doubled was not the case. £60,000 was originally asked for, but this was halved to £30,000, and not doubled as stated;

v)                  As for storage, there were significant costs associated with the storing of paper copies;

vi)                 The report was not tabled at the Cabinet meeting it was circulated with the Cabinet agenda. Although the paper breaking down the cost options did not form part of the report but was given to members for information. All members were aware that it was to be discussed at the Cabinet.

The Director of Planning and Economic Development, John Preston said the files for scanning have been with the contractors for some time and it may be that we may have to start paying storage costs, which may prove to be substantial.  They were not destroying things of historical value.  Years ago paper records were transferred onto microfiche and the paper files destroyed, they were just moving on to an electronic system now.

Councillor Mrs Wagland said that she had to deal with missing documents in her job and had never found any storage system that was 100% safe. Photocopies tend to fade or get torn in time. There have been cases of warehouse fires destroying paper files.

Councillor Mrs  ...  view the full minutes text for item 64.

To receive a report from the Constitution and Member Services Standing Panel (Report to Follow).

The Chairman of the Constitution and Member’s Services Standing Panel, Councillor Mrs McEwen introduced their report on the review of Overview and Scrutiny at the council. The report covered several different issues connected to Overview and Scrutiny. The report covered:

• Councillor call for action;
• Local Democracy  including the Economic Development and Construction Act and the Community Empowerment Bill;
• the Joint Budget Meetings;
• dealing with Consultation Documents;
• Outside Speakers;
• Overview and Scrutiny Member Training;
• Reports of Chairmen of Panels – streamlining procedures;
• Publicising Overview and Scrutiny and Local Authority Website Review;
• Call-in arrangements –‘E’ call-in; and
• Civic Events – Chairman of Council’s Guidelines.

Being wide ranging, the report had brought forward a number of smaller refinements to the operation of scrutiny at the council together with a number of proposals for further reports in the next year. The proposals fall mainly into two areas, a) the need to respond to new legislation; and b) enhancements to encourage community participation.

Councillor Morgan congratulated Mrs McEwen on her Panel’s excellent job on bringing this complicated report to the Overview and Scrutiny Committee.

Councillor Stallan also congratulated the Panel Chairman on the work done. He welcomed more public involvement in scrutiny and the potential for ‘E’ call-in arrangements.  He wondered about paragraph 22 of the report and the concerns that the Panel had about Portfolio Holders needing a fuller briefing on issues going to a meetings. Councillor Mrs McEwen said that a comment was made at one of their meeting that a Portfolio Holder should receive a briefing on a topic before it was discussed. Councillor Stallan was not sure that it needed to be recommendation from Overview and Scrutiny. Councillor Mrs McEwen replied it was just a recommendation for their Panel’s work programme.

Councillor Green observed that very few members of the public spoke at any meetings. Were there any other Councils where members of the public were more fully engaged?

Councillor Mrs Wagland commented that this could be an intimidating forum for members of the public, a committee room would be more appropriate.

The following amendments were noted for the recommendations:

Recommendation 3 – the year should read 2010/11 and not 2009/10;

Recommendation 4 – the year should read 2011 and not 2010;

Recommendation 6 – the year should read 2010/11 and not 2009/10.

            RESOLVED:

That the following recommendations were agreed by the Committee for appropriate recommendation to Council:

Councillor Call for Action (CCfA)

(1)        That the introduction of the Councillor Call for Action (CCfA) be noted;

(2)        The Overview and Scrutiny Committee to include a review of the effect of the CCfA in the work programme with particular reference to the Overview and Scrutiny Procedure Rules, the petition procedure, the compliments and complaints procedure and the delegation of officers/member bodies to deal with the new procedures under the Act.

Local Democracy, Economic Development and Construction Act and Community Empowerment Bill

(3)        That the Overview and Scrutiny Committee make appropriate additions to the work programme of the Constitution and Member Services Panel  ...  view the full minutes text for item 65.

To receive a report from the Constitution and Member Services Standing Panel.

The Chairman of the Constitution and Member’s Services Standing Panel, Councillor Mrs McEwen introduced their report on the annual review (2009/10) of the Financial Regulations.  Each year a cross directorate working party of officers carries out a review of financial regulations, contract standing orders and officer delegation with a view to ensuring that these documents are up to date and reflect current statutory requirements and operational needs. This report put forward a few suggested changes which had arisen including one related to external funding.

            RESOLVED:

That the amendments and minor changes to the financial regulations relating to external funding applications be recommended to the Council.

Recommendation:

To endorse the terms of reference for the Sustainable Communities Task and Finish Panel.

The Committee is asked to consider and endorse the terms of references for the new Sustainable Communities Task and Finish Panel considered at their first meeting.

The Committee received and approved the terms of reference from the newly formed Sustainable Communities Task and Finish Panel.

            RESOLVED:

That the terms of reference for the Sustainable Communities Task and Finish Panel be endorsed.

(a)               To consider the updated work programme

The current Overview and Scrutiny work programme is attached for information.

(b)               Reserve Programme

A reserve list of scrutiny topics is required to ensure that the work flow of OSC is continuous.

OSC will ‘pull out’ items from the list and  allocate them accordingly  once space becomes available in the work plan following  the completion of  existing reviews. To date one item has been submitted. This requests a review of the Council’s consultancy work.

Members can put forward any further suggestions for inclusion in the reserve list  either during the meeting or at a later date.

Existing review items will be dealt with first, then time will be allocated to the items contained in the reserve work plan.  

Overview and Scrutiny Committee

The Senior Democratic Services Officer took the committee through their work plan. The Committee noted that:

(i)                  The Committee would receive a full work programme from their next meeting.

(ii)                Item 3, Scrutiny of London Underground. It was asked that a date be set for London Underground and TfL to come an attend one of the meetings. Items to be discussed should be scoped out beforehand, such as car parking, gaps between trains, restricted services and fares. It may be that public participation be encouraged for the visit of the TfL.

(iii)               Under item 5 of the work programme, Joint Scrutiny Review, he reported that he and Councillor Morgan attended a meeting on 9 December with the County on the proposed joint health review. One of the points raised was the delegation of scrutiny of the PCT by area forums; this may mean that it may go to district level for scrutiny.

(iv)              Item 6, District Transport in Rural Areas – report to go to the January meeting.

(v)                Item 8, Scrutiny of Cabinet Forward Plan. It was reported that the forward plan was to go to the next Cabinet meeting. This being so it was thought that the January meeting of this Committee could also review their forward plan and an invitation be extended to the Cabinet to attend that meeting.

(vi)              Item 15, review of Secondary and Primary Education in the District, the date should be 2010 and not 2009.

(vii)             The West Essex PCT was to attend the March 2010 meeting to discuss the health services in North London.

Planning Services Scrutiny Standing Panel

The Chairman of the Planning Panel asked that interim reports be given to the main O&S Committee, highlighting their recent work.

Finance and Performance Management Scrutiny Standing Panel

The Chairman of the Panel update the Committee on the items covered at their latest meeting.

Pitt Review on Flooding Task and Finish Panel

The Chairman of the Task and Finish Panel commented that they were waiting for the Government and County to issue more information. It was likely that they would recommend that the panel be closed down for now and that it be re-established in the new municipal year.

RECOMMENDATION:

To consider any items to be raised by the Chairman at the Cabinet meeting on 21^st December 2009.

(Assistant to the Chief Executive). Under the Overview and Scrutiny rules the Committee is required to scrutinise proposed decisions of the Executive. The Chairman is also required to report on such discussions to the Cabinet.

The Committee is asked to consider the 21^st December 2009 Cabinet agenda (previously circulated) to see whether there are any items that they wished to be raised at the Cabinet meeting.

The following item was to be raised Cabinet meeting on 21 December 2009:

• that on page 21 of the Cabinet Agenda, the wording for 2(c) needed clarifying as it was sometimes unavoidable not to place the bin out 12 hours before they were due to be collected. The wording seemed illogical.