Agenda and minutes

(Head of Research and Democratic Services)  To report the appointment of any substitute members for the meeting.

Noted that Councillor Mrs J H Whitehouse was attending the meeting as a substitute for Councillor Mrs P Brooks.

(Head of Research and Democratic Services). 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 interests were made pursuant to the Member Code of Conduct.

Attached.

Noted.  

Attached.

Noted.

Recommendation:

To express views on the attached report which was considered by the Finance and Performance Management Cabinet Committee on 20 November 2006.

(Chief Internal Auditor). The Finance and Performance Management Cabinet Committee is recommending to the Cabinet that a report be submitted to the Council proposing the establishment of an Audit and Governance Committee based on the model described in the report and appendix, subject to members of the new Committee not also being members of the Cabinet, any Cabinet Committee or any panel appointed by the Overview and Scrutiny with responsibility for reviewing the Council’s finances or financial procedures.

The Finance and Performance Cabinet Committee is of the view that by imposing any further restrictions on membership of the Audit and Governance Committee as originally proposed, ie. excluding all members of the Overview and Scrutiny Committee, it might be difficult to appoint sufficient members to the new Committee with the necessary experience.

The recommendation in the report refers to the Overview and Scrutiny Committee reporting to the Council but it is now proposed that the Cabinet will report on this matter with the views of this Panel being included in the report of the Cabinet to the Council.

The Panel were reminded that at its last meeting, the Panel had supported the establishment of an Audit and Governance Committee. The Panel had made a number of proposals regarding the ambit of the Committee and considered the requirement to exclude from the membership all members of the Cabinet, any Cabinet Committees and finance related scrutiny Panels.

It was reported that since that time, the Finance and Performance Cabinet Committee had considered a further report and agreed with the proposals made by this Panel. They had also agreed that the proposed rules be relaxed to allow Members of the Overview and Scrutiny Committee to serve on the Committee to facilitate the appointment process. The Panel were asked to give consideration to this progress report and support and recommend to the Council the establishment of the Committee based on the model and terms of reference attached to the agenda.

In response, the Panel agreed that there would be benefit in providing training for the Members of the new body. They noted that CIFRA had suggested that this could be best delivered thorough a mixture on in house training and an external facilitator. They considered whether a small addition sum of funding should be sought for training. It might be possible to involve in any training a member of an Audit Committee elsewhere.

It was clarified that the main purpose of the proposed committee was to provide independent assurance and scrutiny of how the Authority dealt with the items in the terms of reference. Both Cabinet and Scrutiny could not fulfil this requirement  given its involvement in the work to be reviewed.

It was clarified that the proposals would not affect scrutiny’s existing responsibilities in relation to policy making and the budget. It was recommended that the Committee should be required to submit a short annual report  to the Council on its activities.

It was reported that the report would now be submitted to the Cabinet with the Panels comments and then on to full Council.

(Head of Research & Democratic Services). To consider the reports on the five options for future Area plans Sub Committees as discussed at the last meeting.

The Panel gave further consideration to their review of the pattern of the Area Sub  - Committees.

It was noted that at the last meeting, the Panel had asked officers to work up the following options for amended Area Plans Sub Committees to be brought forward to this meeting: These were:

Option 1 (3 Sub – Committees: Area A and 2 new Sub – Committees dividing the District on an urban/rural slit);

Option 2 (4 Sub – Committees: Area A and D plus adjustments between B and C)

Option 3 (3 Sub – Committees: Area A and D and combine B and C).

A fourth option had also been identified of 3 Sub – Committees: present Area A plus two new Sub – Committees dividing the District east and west. This had been set aside as it was considered to be the same as Option 3 above.

Having considered the options, the Panel agreed that no changes should be made to the existing structure of the Area Plans Sub – Committees.

The Panel were also asked to determine the future membership of Area Plans A. Attention was drawn to the proposal that all Members of the areas under its remit should be given the opportunity to serve on the Sub – Committee. It was agreed that the views of the members of the Sub – Committee itself should be sought on the question. Agreed that an item be placed on the Sub – Committees next agenda.

The Chairman undertook to report the recommendations of the Panel to this next OSC on 7 December 2006.  Agreed that a written report be submitted to the next OSC in February 2007 to incorporate the views of Area Plans A.  

(Head of Research & Democratic Services) To consider the attached Cabinet report on the possibility of extending insurance cover under the Zurich Municipal Councillors’ Group Legal Protection Policy.

The Panel considered a report of the Cabinet on the provision of legal expenses cover for Councillors subject to complaints regarding breaches of the Council’s Code of Conduct.  It was reminded that earlier on in the year, the Panel had undertaken a review on ways in which support could be provided for Members subject to such investigations.  They approached this from the view point of how support could be provided to members if officer support could not be provided. The Panel considered a schedule showing the group legal protection policy for Councillors which was offered by the Councils insurers, Zurich Municipal. They noted the  costs of the cover and that it was only available to all 58 Councillors and particular terms and exclusions.

The Panel requested some research be undertaken on the value of the system specifically in relation to the following proposed exclusions from the policy:

(a)        time limit for claims (180 days) – more precise details ie from which event /circumstances would this be measured? -  date of receipt or verification of complaint? Arrangements for reporting complaint to Member – This should be undertaken at an early stage – (say at date received by Monitoring Board)- to facilitate preparations.

(b)        any questions relating to written or verbal remarks against the Councillor concerned – this would exempt most cases as most related to this area - what constituted a written/verbal remark under this exemption?

(c)            reference to the Councillor concerned having to pay any legal costs should they be found in breach of the Code of Conduct. Could this exclusion be removed to indemnify members for costs found guilty?

(d)        Legal representation – would their be provision for Members to select their own legal advisor or would this be determined by the company?

It was clarified that the LGA did not provide insurance but proposed that consideration be given to their work in the area. The Panel questioned whether other Authorities had in place the proposed scheme with Zurich Municipal?

The Political Groups themselves could choose to set up their own cover for their Members but this might not prove suitable for those Members without the backing of a group able to provide such cover.

Members were also asked to consider options for funding the cost of the additional cover. One was to approve a CSB growth item in respect of the additional insurance premium to be included in the draft 2007/08 budget. A further alternative was that the premium per Councillor be funded by retaining the equivalent amount from the basic allowance payable to all serving and new councillors from the date they take up office next Council year.

The Panel supported the report for consideration by the Cabinet with the inclusion of their comments and the outcome of their requests for additional information.

ACTION

Head of Research and Democratic Services to contact Zurich Municipal to raise the identified questions and report back to the Panel.

To consider the attached  results of member consultation.

Noted that the report had not been circulated to all Members of the Panel. In view of this it was agreed that it be deferred to the next meeting on 6 February 2007 for consideration. 

To consider which reports are ready to be submitted to the Overview and Scrutiny Committee at its next meeting.

Review of Area Plans Subs  - conclusions to be reported verbally by Chairman with final written report to February 2006 OSC.

Noted that a special meeting of the OSC had been arranged for 9 January 2007 to consider a call – in submitted on car parking policy.

The next programmed meetings  of the Panel will be held on

6 February 2007

2 April 2007

Noted that the next meeting of the Panel would be held on 6 February 2007 at 7.30.