Agenda and minutes

The notes of the last Panel meeting, held on 30 June 2011 are yet to be completed. They will be submitted to the next Panel meeting.

RESOLVED:

That the notes of the last meeting of the Panel held on 30 June 2011 be agreed.

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

There were no substitute members present at the meeting.

(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.

Pursuant to the Council’s Code of Member Conduct, Councillor Mrs S Watson, declared a personal interest in the following item of the agenda by virtue of being a Deputy Portfolio Holder and Member of the Audit and Governance Committee. The Councillor stated that her interest was not prejudicial and that she would remain in the meeting during the consideration on the item but would abstain from voting:

Item 6 Audit and Governance Committee - Membership

(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 year’s OS work plan incorporating a programme for this Panel.

The Panel’s Terms of Reference were noted.

The Panel received updates to the Work Programme as follows:

(a)        Item 8 Report on Webcasting

The report on Webcasting would be submitted in October 2011. It was advised that following discussion with the Panel member requesting the item, there was no need for a scoping report.

(b)        Item 16 Report of External Auditor (dependant on Council decision 26 July 2011)

The Panel were advised that a report would be scheduled into the Work Programme if the Council called for this review and Overview and Scrutiny Committee allocated this to the Panel.

Members requested two extra items: a report concerning the Member’s Dispatch arrangements and reporting by Representatives on Outside Bodies. These items would be added to the Work Programme.

RESOLVED:

That the Overview and Scrutiny Committee be advised that items will be added to the Work Programme regarding the Member’s Dispatch, and Member Representatives on Outside Bodies.

(Assistant to the Chief Executive) To consider the attached.

The Panel received a report from Mr I Willett, Assistant to the Chief Executive, regarding Audit and Governance Committee Membership.

The report had originated from the Independent Members of the Audit and Governance Committee and the officers on the Corporate Governance Group. There was concern that Deputy Portfolio Holders should not be members of the Audit and Governance Committee as their conflict of interest may be construed as prejudicial.

Audit and Governance Committee – Present Position

The Audit and Governance Committee (AGC) comprised 5 members as follows:

(1)        3 Councillors appointed annually at the Annual Council meeting; and

(2)        2 co-opted members appointed following public advertisement and interview.

The three Councillors may not include:

(a)        Any member of the Cabinet;

(b)        Any member of a Cabinet Committee; and

(c)        Any Panel appointed by the Overview and Scrutiny Committee responsible for reviewing the Council’s finances of financial procedures.

The Chairman of the AGC was appointed from among the three Councillors whilst the Vice Chairman was appointed from one of the two co-opted members.

Since the establishment of the Committee, Deputy Portfolio Holder positions had been created. The Terms of Reference for the AGC make no mention on whether these deputies should be members.

Deputy Portfolio Holder (DPHs)

DPH’s functions were as follows:

• to support the Cabinet members in their portfolios.
• positions which assisted succession planning by giving deputies experience of Cabinet work.
• not decision making.
• not voting at Cabinet meetings, Cabinet Committees or signing Portfolio Holder Decisions.
• in the absence of the Cabinet member, the Leader would allocate that matter to another Portfolio Holder.
• assist with preparing reports or Portfolio Holder Decisions.

The Audit Role

In Overview and Scrutiny, the Code of Conduct imposed restrictions on member, being directly involved in reviewing decisions with which they were previously involved.

The AGC was not involved in decision making but reviewed and ought assurance that proper processes were fit for purpose.

Views of the Council’s External Auditors

The views of the Council’s external auditors had been obtained. The Panel commented as follows:

• there was no current legislation relating to audit committees.
• the CIPFA Guide stated in respect of independence: “To be effective the audit committee needed to be independent from executive and scrutiny.” It could be “compromised by too much cross-membership.”
• it was highly preferable that DPHs should not be members of the AGC.
• there should be rules about declarations of interest
• the title Deputy Portfolio Holder is misleading, Portfolio Holder Assistant was preferable.

Some members felt that the main issue regarding DPHs sitting on AGC was public perception. Members can attend all meetings to give comments. It was difficult demonstrating independence for a DPH. However other members advised that there was currently exclusion on members sitting on both the Audit and Governance Committee and the Finance and performance Management Scrutiny Standing Panel. There were declarations of interest that should be made, excluding a DPH from participating in an AGC decision.

The Panel supported allowing Deputy Portfolio Holders to remain as members, but  ...  view the full minutes text for item 14.

(Assistant to the Chief Executive) To consider the attached.

The Panel received a report from Mr I Willett, Assistant to the Chief Executive, regarding the Review of Member Remuneration and the Role of Scrutiny Panel Chairmen in presenting reports at Council meetings.

The Overview and Scrutiny Committee had agreed to four additional items in the Panel’s Work Programme for this year. Two of these were reviews which required scoping discussions beforehand, namely:

(a)        the Annual Report 2010/11 of the District Remuneration Panel which was submitted to the June Council meeting; and

(b)        the Review of the Overview Scrutiny Rules with regard to Panel Chairmen, presenting recommendations at Council meetings.

RESOLVED:

(1)        That for the Review of Member Remuneration members of the remuneration Panel be invited to attend the October 2011 meeting and in the meantime all Councillors be invited to comment via the Council Bulletin.

(2)        That for the review of the Role of Scrutiny Panel Chairmen in presenting reports at Council meetings, those Chairmen be invited to attend the November 2011 meeting or express their views by email and that the same invitation be made to the Chairman of the Overview and scrutiny Committee.

(Assistant to the Chief Executive) To consider the attached.

The Panel received a report from Mr I Willett, Assistant to the Chief Executive, regarding Council Procedure Rules – Reports on Outside Organisations.

Under Council Procedure Rule 2, Paragraph ix stated that the Council would “receive reports about and receive questions and answers on the business of joint arrangements and external organisations.”

Although the nature of the report was not specified, the Panel’s attention was drawn to reports by the Overview and Scrutiny Committee Chairman and Portfolio Holders at Council meetings which were required to be in writing and therefore circulated with the Council agenda. This was because those reports were subject to questions without notice by other councillors. The Panel was advised that these proposed amendments would need approval from the Overview and Scrutiny Committee and the Council.

Members were in favour of written reports being submitted on outside bodies as long as they were received beforehand.

RECOMMENDED:

That written reports by representatives on outside bodies be circulated in advance of Council meetings and Council Procedure Rule 2 (ix) amended accordingly and to allow Council members to request reports for future meetings.

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

The only report being recommended to the Overview and Scrutiny Committee was Council Procedure Rules – Reports on Outside Organisations. The next Committee was on 6 September 2011.

The next programmed meeting of the Panel will be held on 8 November 2011 at 7.00p.m. in Committee Room 1. The next programmed meeting is on:

Tuesday 8 November

It has been necessary to book two extra meetings because of the Panel’s workload. The available dates are as follows:

Tuesday 4 October 2011; and

Monday 26 March 2012; or

Thursday 29 March; or

Tuesday 3 April

It was necessary to book two extra meetings because of the Panel’s workload. The next meeting of the Panel would be Tuesday 4 October 2011. In addition, the members were supplied with three further dates in March/April 2012 which were:

• Monday 26 March 2012; or
• Thursday 29 March; or
• Tuesday 3 April

Members would formally book one of these dates nearer the time.