Agenda and minutes

The notes of the last meeting held on 22 February 2009 are attached.

RESOLVED:

That the notes of the last meeting of the Panel, held on 22 February 2009, be agreed.

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

It was noted that Councillor Mrs A Haigh was attending the meeting as a substitute for Councillor Mrs P Brooks and Councillor C Whitbread was attending the meeting as a substitute for Councillor Mrs M Sartin.

(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 interests were made pursuant to the Member Code of Conduct.

(Chairman/Lead Officer) The Overview and Scrutiny Committee has agreed the Terms of Reference of this Panel and associated Work Programme. This is attached. The Panel are asked at each meeting to review both documents.

The OSC is about to formulate next years OS work plan incorporating a programme for this Panel. In view of this, the Panel may wish to bring forward suggestions/ideas on topics for inclusion in its work programme for next year.

The Panel were advised that Item 13 from the Work Programme, Mayors – Revised Arrangements for Petitions, would be put before the Panel when the Government consultation document arrived.

To consider the attached report.

The Assistant to the Chief Executive, Mr I Willett, presented a report to the Panel regarding Officer Delegation – Annual Review 2008/09. Each year the Council reviewed its scheme of officer delegation, the task being undertaken by a working party of officers.

The appendices to the report set out changes to delegation being proposed in respect of the Cabinet functions and changes to the functions which remained the responsibility of the Council.

One change which would take effect from 2009/10 was in relation to the approval of officer delegation of Cabinet functions. Previously any changes had been referred to the Council for approval, but it would now be the Leader of the Council who determined whether the scheme of officer delegation was to continue or whether changes were made.

Recommendations arising from changes to delegation in respect of Cabinet functions, were being submitted to the Overview and Scrutiny Committee for approval prior to submission to the Leader of the Council. Changes to the functions which remained the responsibility of the Council would go before the Overview and Scrutiny Committee and thence to the Council.

1.         North Weald Airfield – Non Commercial Lettings (Delegation Reference N2)

The current wording of delegation N2 placed responsibility for all lettings of North Weald Airfield with the Director of Corporate Support Services. The delegation did not reflect the involvement of airfield staff in negotiating routine or casual bookings of airfield facilities which was the responsibility of the Director of Environment and Street Scene. The Director of Corporate Support Services was responsible for negotiating other bookings, non routine ones, and also for drawing up licenses and similar agreements. Equally, the Director of Corporate Support Services could draw up agreements for lettings and related issues, negotiated by the Airfield Manager.

It was recommended that the delegation was re-drafted to reflect the roles of the two Directorates concerned.

2.         Licensing – Hackney Carriage and Private Hire Vehicle Drivers (Delegation Reference S1)

In October 2008 the Licensing Committee had revised officer delegations in respect of Hackney Carriages and other functions by which all applications for Hackney Carriage and Private Hire Vehicle Driver’s Licenses would be determined by the Director of Corporate Support Services, the Assistant Director of legal Services and the Senior Licensing Officer, or suitably qualified officers authorised by them to exercise this function.

The Director of Corporate Support Services, the Assistant Director (Legal) and the Senior Licensing Officer granted, at their discretion, a license for a short period until the next meeting if a driver wished to renew his or her license had committed an offence such that there was no delegated authority to renew the license.

3.         Parking Contravention Notices (New Delegation)

The schedule of delegation currently omitted any reference to the Traffic Management Act 2004, and the supporting operational guidance from the Government regarding parking policy and enforcement.

The Act required that elected members and unauthorised staff should not be involved in adjudicating on the outcome of individual challenges or representations in response to contravention  ...  view the full minutes text for item 55.

1.         (Assistant to the Chief Executive) Overview and Scrutiny has been subject to regular review since its inception. This year the review contains a number of issues which can be broken down into a number of distinct elements:

(i)         Current legislative provisions that require us to review our constitutional arrangements;

(ii)        A forward look to forthcoming legislation and its effects on the operation of Overview and Scrutiny;

(iii)       A discussion on points raised by members and officers this year; and

(iv)       Issues arising from (iii) that might require changes to the constitution and/or operational arrangements for Overview and Scrutiny.

2.         The review this year has therefore been split into a number of reports which are attached for consideration:

Current Legislative Changes

(1)        Councillor Call for Action

(2)        Police and Justice Act 2006 – Community Safety Committees

Forthcoming Legislation

(3)        Briefing on Local Democracy, Economic Development and Construction Bill

Issues Raised by Members and Officers

(4)        Operational Review of Overview and Scrutiny 2009

Overview and Scrutiny had been subject to regular review since its inception. This current review had been split into a number of separate reports.

The Panel received four reports as follows:

• Councillor Call for Action (CCfA)
• Police and Justice Act 2006 – Community Safety Committees
• Briefing on Local Democracy, Economic Development and Construction Bill
• Operational Review of Overview and Scrutiny 2009.

(a)        Councillor Call for Action (CCfA)

The Local Government and Public Involvement in Health Act 2007 empowered all Councillors to refer issues of concern, related to Council functions, for consideration by the relevant Overview and Scrutiny Committees of their local authorities. The original intention had been to introduce these powers in 2008 but the implementation date was now 1 April 2009. The Community Call for Action was a power rather than a duty with arrangements varying from one local authority to another.

The CCfA provision entitled all Councillors to refer a “local government matter” to an Overview and Scrutiny Committee once they had exhausted all other means of resolving the issue. This had been defined as a matter which related to the discharge of any authority function that affected all or part of the electoral area for which the member was elected or any person who lived or worked in that area. This went beyond the existing power scrutiny members had to raise an issue. However the powers were limited to issues affecting single Council wards.

Although Scrutiny Committees had the power to request information and invite representatives from certain partner organisations, the CCfA was an opportunity for devising solutions to local problems using the influence scrutiny provided in bringing together a range of organisations through innovative thinking around an issue. However it did not function in isolation, it required use of a range of other facilities including support for Councillor’s wards, complaint’s procedure, call-in and petitions. If a CCfA was accepted, a discussion would take place at the Committee meeting on the outcomes that the member concerned was seeking.

Although the powers were for pursuing by any member of the Council, there were exceptions where CCfA was not appropriate, for example where matters were “vexatious, discriminatory or not reasnoble.” However Councils should not see politically motivated CCfAs concerning high profile subjects, as a threat. They were an opportunity for members to defuse political rows and, jointly, develop solutions that were satisfactory to all.

The CCfA provided routes for advice on what could and could not be pursued, this included signposting to alternative resolutions. It was not designed for providing an immediate solution, but for a high-profile community discussion of an issue involving all stakeholders. The current arrangements for members through which they could raise matters to influence change were both formal and informal. They included the Overview and Scrutiny Committee, the call-in procedure, asking questions at Committees or Council meetings, petitions and general communication with officers, councillors, the public and M.P.s.

RECOMMENDATIONS:

(1)        That the Panel note the introduction of the Councillor  ...  view the full minutes text for item 56.

Councillor D Stallan wishes to suggest that a new protocol relating to civic events should be prepared.

Councillor D Stallan had requested that this item was put on the agenda for this meeting.

It was felt that at the recent Civic Awards Ceremony in March 2009, the Chairman of Council, Councillor J Knapman, had made comments which could be construed as a criticism of another local council. It was suggested that a protocol should be established setting out the Chairman’s responsibilities for such an event. Mr S Hill, Senior Democratic Services Officer, advised that the Council’s Constitution had a protocol but this was removed three months ago. There was a document being produced, a How To guide for Chairman of Council. It was agreed that draft guidance would be inserted into the current guidance on Chairman’s protocol.

AGREED:

That draft guidance be incorporated into the current Chairman’s guidelines.

The next programmed meeting of the Panel will be held on 29 June 2009 at 7.30 in Committee Room 1 and then on:

14 September 2009

2 November 2009

11 January 2010

22 March 2010

The next meeting of the Panel was scheduled for 29 June 2009 at 7.30p.m. and thereafter on:

14 September 2009;

2 November 2009,

11 January 2010

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

The reports on the Police and Justice Act 2006 – Community Safety Committees, and Officer Delegation were being put before the Cabinet on 20 April 2009.