Members

Mr J C Brand
Mr D M Busby
Mrs S Carpendale
Mrs S P Clarke
Mr K Grimsey
Mr D G Grutchfield

Mr C J Hunt
Mr B D Hurren
Mr N H J Irwin
Ms J A Jenkins
Mr R E Kemp
Mr J A B Long

Mr J M Owen
Mr J W Roberts
Mrs W J Sadler
Mr J R A Sayers
Mr G S White
Mr D L Wood

ITEM

BUSINESS

1

ELECTION OF CHAIRMAN

To elect a Chairman for the meeting.

2

SUBSTITUTES AND APOLOGIES

Any Member attending as an approved substitute to report giving his/her name and the name of the Member being substituted.

To receive apologies for absence.

3

DECLARATION OF INTERESTS

Members to declare any interests as appropriate in respect of items to be considered at this meeting.

4

PETITIONS

The Head of Corporate Services to report, in accordance with Council Procedure Rule No. 13, the receipt of any petitions submitted to the Chief Executive.

5

QUESTIONS FROM MEMBERS

The Chairman to answer any questions on matters in relation to which the Council has powers or duties or which affect the District and which fall within the terms of reference of the Committee of which due notice has been given in accordance with Council Procedure Rule No. 15.4 – (a) and (b).

Paper F137

6

BUDGET 2007/08

Report by Members’ Working Group attached.

7

REVIEW OF CALL-IN PROCEDURES

Review of Call-in Procedures (Extract from Strategy Committee Minute No. 56)

“Ms J A Jenkins, Chairman of the Overview and Scrutiny (Stewardship) Committee, presented this item on behalf of both Overview and Scrutiny Committees. She referred to recommendations (1) to (9) which were supported by both Committees and to Paper F117 (revised Protocol for Use of Call-in Procedure) which was circulated with the Strategy Committee agenda. Members also had before them Paper F103. The Chairman of the Strategy Committee asked Members to consider whether it would be helpful for the Joint Meeting of the Overview and Scrutiny Committees on 11 December 2006 to look again at recommendations (7) and (8) to clarify the relationship between the Protocol for use of Call-in Procedure and the Call-in criteria as set out in the Constitution, and in the light of any amendments which might be required to the Council’s Constitution. All of the recommendations would then be considered by the Council on 19 December in accordance with the review’s timetable.

During the course of the ensuing discussion, reference was made to the original concerns which led to the scrutiny of the Council’s call-in procedure, and Members considered whether those concerns had been met by the recommendations before the Committee which had been duly proposed and seconded.

Members felt that the Overview and Scrutiny Committees’ intention regarding the grounds for a call-in required clarification to ensure there was no conflict between the Constitution and the Protocol set out in Paper F117, and agreed that there should be input from the Monitoring Officer on this aspect. As presently drafted it was felt there was some ambiguity as to whether the existing provision in the Constitution was to be retained with a complementary Protocol or whether the Constitution should be amended to reflect the wider grounds indicated in the Protocol.

The original proposer and seconder of the recommendations agreed to a proposal that (1) to (6) and (9) should be accepted, with recommendations (7) and (8) being referred back to the Joint Meeting. Members identified issues related to Process, Criteria and Constitution which required further work including the following:-

Recommendation (7)

· Protocol for Use of Call-in Procedure not to be in conflict with the Council’s Constitution.

· A clear definition to be provided for the ‘overview of the procedures’ to be maintained by the Chief Executive and Corporate Directors, and for the circumstances in which it would be necessary to consult them.

Recommendation (8)

· Appropriate draft amendments to the Constitution to be available for the Council meeting on 19 December.

Protocol (Paper F117)

· To remove any ambiguity in the scope for call-in with clarity on whether the protocol is intended to replace the existing call-in criteria.

Members were also aware that the intention of Recommendation (1) was that the ‘minimum of any five Members’ referred to is to be drawn from the total Overview and Scrutiny membership excluding the Chairmen ie from 16 Members.

RESOLVED

(1) That the Joint Meeting of the Overview and Scrutiny Committees on the 11 December 2006 be asked to reconsider

(a) recommendation (7) to clarify the intention in relation to the process and criteria to be used when the validity of a call-in request is considered, including clarification of the items identified above by the Strategy Committee and

(b) recommendation (8) to ensure that the Constitution and the Protocol for Use of Call-in Procedure are not in conflict and that the ensuing amendments to the Constitution can be considered by the Council on 19 December 2006.

(2) That appropriate amendments to the Constitution, for submission to the Council on 19 December, be drafted by the Head of Corporate Services in consultation with the Monitoring Officer to reflect the recommendations of the Overview and Scrutiny Committees set out in (1) to (6) below and those of the Joint Meeting of the Overview and Scrutiny Committees following its further consideration of the matters set out in (1) above.”

Paper F138

In accordance with the resolutions set out above, a report by the Head of Corporate Services is attached, relating to possible amendments to the Constitution.

Note:

The next meetings of the Overview and Scrutiny Committees are scheduled as follows:

Stewardship: 30 January 2007

Community Services: 6 February 2007

For further information on any of the Part 1 items listed above, please contact Linda Pattle on Ipswich (01473) 826652 or via email at committeeservices@babergh.gov.uk