Agenda and minutes

The notes of the last meeting of the Panel, held on 3 November 2008, are attached.

RESOLVED:

That, the notes of the last meeting of the Panel held on 3 November 2008 be agreed, subject to the following amendments:

(a)               Item 24, Section 2 – Annual Council Meeting, first paragraph, add “outside” before “bodies.”

(b)        Item 24, Section 3 (a) – Diary and Events, under “Panel Response,” delete “with over 150 events per annum, there would be too many events for the Chairman to attend,” and add “with so many events, a two year period would prove exhausting.”

(c)        Item 24, Section 3 (e) – Diary and Events, under “Panel Response,” delete “Agreed,” and add “The Panel did not agree with twinning the district with a European area.”

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

There were no substitutions made.

(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 following items of the Work Programme were noted:

(a)        The Work Programme for the next meeting of the Panel included an Overview and Scrutiny Review and Government White Paper on Empowerment. The review of Overview and Scrutiny may only require operational adjustment, although this is yet to be decided.

(b)        Item (12) on the Work Programme – Revised Arrangements for Mayoral Petitions was a further Government initiative.

(c)        Item (13) Time Off Entitlement to Encourage Public Service – was being discussed at this Panel meeting.

This item continues from the last meeting of the Panel, for which there had been insufficient time to conclude. Matters discussed at the last meeting are referred to in the notes of that meeting (item 2).

Mr S Hill, Senior Democratic Services Officer, continued to present the report on Civic Ceremonial Functions which had been adjourned at the last meeting of the Panel.

(a)        Section 4 – Status of Chairman

Respondents had indicated that there was confusion about the respective roles of the Chairman and Leader. This should be alleviated through production of an “Easy Guide” which would explain the different roles whilst also promoting the Chairman of Council.

The Past Chairmen of Council had suggested use of a Civic Car to transport the Chairman to all events, this was not felt to be practical. Members were also told that the car allowance budget had been increased for Chairman’s journeys to events by diverting funds from the Chairman’s allowance. To improve identification of the Chairman at events, it had been suggested that wearing a badge whilst at engagements could obviate the need for a Chain of Office being worn. The Panel were advised that officers had researched a badge for all District Councillors. A company had been approached with a design brief, and the production of the badges had been costed at £1.50 each. There were two badges, one shield shaped, the other circular.

Councillor Mrs J Whitehouse proposed to the Panel that the members should have named badges. The Panel agreed to the proposal.

The Panel were told that the Government’s intention was to place a statutory duty on local authorities to promote democracy. The Government’s plans included working with schools to educate young people into the democratic process. This plan would involve both the Leader and the Chairman. The Panel’s view was that the Chairman’s role was apolitical and may be better suited to the promotion of democratic involvement. In the light of these Governmental proposals, the Constitution would need amending to change the Chairman’s role, change was also required in the Member Accountability Statements which fell within the remit of the Remuneration Panel.

The promotion of democracy could form part of a “citizenship” programme, there were good practice examples across the country that should form the basis of such a scheme. However, it was noted that any programme would have resource implications for the Chairman and officers, and would need detailed discussion with each successive Chairman, establishing what was practically possible.

Mrs P Seager, the Chairman’s Secretary, confirmed that the Chairman of Council should wear a Chain of Office at civic functions and events within the district. Permission must be sought to wear the insignia outside of the district.

The Panel was asked how much the car allowance currently was for the Chairman. Mr S Hill replied that it was £3,720, the allowance had increased from two years ago. The allowance covered 18-20 trips per annum. Mrs P Seager advised that most of the civic events took place during the latter half of the Chairman’s year in office. The first part of the year usually accounted for 25% of the Chairman’s budget. It was confirmed to Councillor D Stallan that most Chairmen  ...  view the full minutes text for item 31.

Report and Appendix attached.

Mr C Overend, Policy and Research Officer, presented a report to the Panel regarding a Consultation, Standing for Office: Time Off Entitlements The Government White Paper “Communities in Control: Real People, Real Power,” published in July 2008. It had set out a range of polices with a view to returning power to local communities. The White Paper had agreed a series of consultation papers covering the following:

• Improving Local Accountability
• Making and Enforcing Byelaws
• A revised Code of Conduct for Members
• Mayors
• Time-off Entitlements
• Local Government Publicity

Communities and Local Government was now inviting comments on the recently released consultation paper in respect of Time-Off Entitlements.

There were a number of specific comments and questions on which the consultation paper invited a response, as follows:

(a)        Do you agree with the analysis in the consultation paper on the benefits of undertaking civic roles?

Panel Response: The consultation papers’ analysis on the benefits of undertaking civic roles was correct. Members felt that more encouragement should be given to attendance on accredited training courses

(b)        Do you agree with the estimation of costs and assumptions made in calculating the overall costs to employers?

Panel Response: Encouragement should be given to the self-employed to undertake civic roles with consideration given to the possibility of inducements. The Panel noted the estimation of costs and assumptions made in calculating the overall costs to employers.

(c)        Do you agree with the proposal that each of the following roles should be added to the list of roles under Section 50 of the Employment Rights Act 1996 entitled to time off work? Are there any other local civic roles which should be included?

• Members of Probation Boards/Probation Trusts
• Members of Court Boards
• Youth Offender Panel Members
• Lay Advisers Assisting Multi-Agency Public Protection Arrangements
• Co-Opted Overview an Scrutiny Committee Members

Panel Response: There was agreement with the proposal that the members of Probation Boards, Probation Trusts, Members of Court Boards, Youth Offender Panel Members and lay Advisers assisting multi-agency public protection and co-opted Overview and Scrutiny Committee Members should be added to the list of roles under Employment Rights legislation. The list should include Members of Standards Committee, Co-Optees on Independent Remuneration Panels and Audit and Governance Committees.

(d)        Do you agree with the proposal that various housing roles (any member of a TMO Board, an ALMO Board or RSL Board) should be added to the list of roles under Section 50 of the Employment Rights Act 1996 entitled to time off work? Are there specific issues that should be considered?

Panel Response: There was agreement with the proposal for various housing roles, which included members of a TMO Board, an ALMO Board or RSL Board, to be added to the list of roles which were entitled to time off work. This should be extended to other governance roles such as school governors and representative roles on Local Strategic Partnerships.

(e)        Are the barriers to undertaking a charity trustee or other governance position different from those barriers which  ...  view the full minutes text for item 32.

The next programmed meeting of the Panel will be held on 12 January 2009 at 7.30p.m. in Committee Room 1, and then on:

6 April 2009

The next meeting of the Panel was on 12 January 2009.

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

Noted that there were no reports to be made to the next meeting of the Overview and Scrutiny Committee.