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 Chairman 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 D Wixley had substituted for Councillor Mrs R Brookes and Councillor Mrs McEwen for Councillor W Breare-Hall.

(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.

There were no declarations of interest made pursuant to the Council’s Code of Member Conduct.

Decisions required:

To confirm the minutes of the meetings of the Committee held on 06 September 2010.

RESOLVED:

That the minutes of the last meeting of the Committee held on 06 September 2010 be agreed.

To receive a short presentation from the Principal of Epping Forest College, Jeannie Wright on their vision for the future and the College’s relationship with the Community.

The Committee noted that due to significant problems with the Colleges IT System the Principal of Epping Forest College could not attend this meeting and gave her apologies. The proposed presentation would be rescheduled.

(Councillor Mrs M. McEwen) To  consider the attached report of the Constitution and Member Services Standing Panel.

The Chairman of the Constitution and Member Services Standing Scrutiny Panel, Councillor Mrs McEwen introduced the report on Deputies to Portfolio Holders.

The Scrutiny Standing Panel was asked to look at a proposal to establish deputies to Portfolio Holders. Upon looking into this they noted that Cabinet functions could only be delegated so far as members are concerned to those appointed to the Executive. So, Deputy Portfolio Holders could not be full members of the Cabinet and therefore could not participate in its decisions either individually or collectively and would not be able to make formal decisions. They may assist Portfolio Holders but could not formally substitute for them.

As for any remuneration for fulfilling these roles, the Independent Remuneration Panel would have to consider if they would be in receipt of a special responsibility allowance.

The Committee agreed the report noting that it would help develop councillors for future roles.

            RESOLVED:

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

                        (i)         That positions of Deputy Portfolio Holders be introduced and included in the Council’s Constitution;

                        (ii)        That the proposed amendments to Article 6 of the Constitution and the Executive Procedure Rules as shown in Appendix 2 of the report be approved;

(iii)       That the Member Role Statement for Deputy Portfolio Holders as set out in Appendix 3 to the report be approved;

(iv)       That the application of Special Responsibility Allowance to Deputy Cabinet Member positions be deferred until 2011/12 to allow more time for these new positions to be assessed in their initial period of operation.

(Councillor Mrs M. MacEwen) To consider a report of the Constitution & Member Services Standing Scrutiny Panel.

The Chairman of the Constitution and Member Services Standing Scrutiny Panel, Councillor Mrs McEwen, introduced the report on having members of the public address the Cabinet and the Overview and Scrutiny Committee. The Panel had been asked to examine how requests to address Cabinet meetings should be dealt with as there was no special provision in the Constitution for representations to be made.

The Panel looked at the arrangements in place for the Area Plans Sub-Committees where arrangements exist for the public to make representations on planning matters. A speaker at these meeting had to register by 4.00pm on the day before the meeting and would be allocated a maximum of three minutes. 

The Committee agreed that introducing a similar system for the Cabinet and Overview and Scrutiny Committee would be useful and noted that:

• This would increase transparency;
• This was not about asking questions but about making a statement;
• Circulation of any documents would have to be received in time so that they could be circulated to members prior to the meeting to avoid members taking time out during the meeting to read any documents;
• Members were at liberty to question the member of the public if any clarification was needed;
• A maximum of two speakers on any one agenda item;
• A maximum of six speakers  for any one meeting;
• It would be first come first served for registering speakers;  
• The arrangements would be reviewed after 12 months; and
• It would be interesting to how many had taken up the offer to address either meeting in a year’s time.

            RESOLVED:

(1)        That provision be made in the Executive Procedure Rules in the Constitution to regulate arrangements for members of the public or other organisations to address Cabinet meetings on agenda business;

(2)        That the proposed additional clause in the Executive Procedure Rules set out in Appendix 1 of the report be approved;

(3)        That these arrangements be reviewed in 12 months time;

(4)        That similar provision be made in the Overview and Scrutiny Procedure Rules as set out in Appendix 2 of the report in order to provide for similar arrangements to operate at Overview and Scrutiny Committee meetings.

(Councillor Mrs M. MacEwen) To consider the attached report of the Constitution & Member Services Standing Scrutiny Panel.

The Chairman of the Constitution and Member Services Standing Scrutiny Panel, Councillor Mrs McEwen, introduced a report tidying up the rules to enable meetings to be cancelled at short notice because of adverse weather conditions. This set out specific provision for the cancellation of meetings and the alterations to the Council’s procedure rules agreed by the Committee.

            RESOLVED:

(1)        That the Constitution be amended to provide procedures for the cancellation of meetings; and

(2)        That the proposed amendment to the Council Procedure Rules as set out in the Appendix to the report be approved.

(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.

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.

(a)        Overview and Scrutiny Committee Work Programme

Item 6: Noted that tonight’s presentation would be rearranged.

(b)                           Standing Panels

Planning Services Standing Panel

Noted that they had recently had an extra-ordinary Panel meeting to look at East Herts and Broxbourne Councils district’s core strategies consultation documents.

The Overview and Scrutiny Committee agreed that the Planning Panel could add another item looking at the text of letters sent out by planning and the enforcement sections to their work programme.

Recommendation:

To endorse the terms of reference for the Children Services Task and Finish Panel.

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

RESOLVED:

The Committee noted and agreed the terms of reference for the Children  Services Task and Finish Panel.

RECOMMENDATION:

To consider any items to be raised by the Chairman at the Cabinet meeting on 25 October 2010.

(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 25 October 2010 Cabinet agenda (previously circulated) to see whether there are any items that they wished to be raised at the Cabinet meeting.

It was noted that there was no items that the Committee wished to comment on contained in the forthcoming Cabinet Agenda.