|
Paper F103 (the report of the Working Group to review Call-in Procedures) was presented to Overview and Scrutiny (Stewardship) Committee at its meeting on 10 October 2006 by Mrs S Carpendale and to Overview and Scrutiny (Community Services) Committee on 17 October 2006 by the Committee Services Manager. Members of both Committees were aware of the circumstances surrounding the establishment of the review and the questions set out in Appendix 1 to Paper F103 which had provided the framework for that review.
The Overview and Scrutiny (Stewardship) Committee discussed the report at length and expressed reservations about the proposed new protocol set out in Appendix 5 to the report, suggesting that further work might be needed to ensure that the protocol did not contradict the procedures set out in the Constitution. The Overview and Scrutiny (Community Services) Committee endorsed this view and noted that it might be necessary for the Working Group to meet again before the next Strategy meeting to consider this and any other outstanding matters. Both Committees accepted recommendations 2.1 to 2.3 and 2.5 to 2.9 of Paper F103 but concurred in recommending that 2.4 be amended so that the Chairman of the appropriate Overview and Scrutiny Committee in consultation with the Head of Corporate Services and the Monitoring Officer should consider the validity of a Call-in request.
The Overview and Scrutiny Committees therefore recommended to Strategy Committee and Council
(1) That recommendations 2.1 to 2.3 and 2.5 to 2.9 be approved as set out in Paper
F103.
(2) That recommendation 2.4 of Paper F103 be amended to read
“That the Chairman of the appropriate Overview and Scrutiny Committee, in consultation with the Head of Corporate Services and the Monitoring Officer, considers the validity of a Call-in request, having regard to any agreed protocol. The Chief Executive and Corporate Directors are to maintain an overview of the procedures, be notified of a Call-in request and be consulted if necessary”.
Following the meetings of the Overview and Scrutiny Committees, the Members for the Working Group were consulted on possible amendments to Appendix 5, a revised version of which is now attached as Paper F117 for consideration by the Strategy Committee in connection with the recommendations set out above. The Committee is therefore asked to RECOMMEND (1) TO (9) BELOW TO THE COUNCIL:-
(Note: The paragraph numbers in square brackets [] refer to the recommendations in Paper F103. The recommendations are set out in full for clarity).
(1) That a minimum of any five Members of either Overview and Scrutiny Committee be needed to sign a call-in request [2.1].
(2) That the Chairmen of the Overview and Scrutiny Committees be excluded from signing call-in requests [2.2].
(3) That a call-in request form be introduced as set out in Appendix 3 to Paper F103 and that requests received by fax or e-mail be acceptable [2.3].
(4) That the Head of Corporate Services, in consultation with the Monitoring Officer and the Chairmen of both Overview and Scrutiny Committees, should decide which would be the most appropriate (having regard to the terms of reference of the Committees) Overview and Scrutiny Committee to deal with a matter the subject of a call-in [2.5].
(5) That any Member making a request for call-in has the right to attend and speak at the meeting of the Overview and Scrutiny Committee considering the matter [2.6].
(6) That Babergh’s procedures be streamlined so that the appropriate Overview and Scrutiny Committee can either refer a called-in matter back to the Strategy Committee, or refer the matter to Council. Further that the Council makes the final decision or refers the matter back to the Strategy Committee [2.7].
(7) That the Chairman of the appropriate Overview and Scrutiny Committee in consultation with the Head of Corporate Services and the Monitoring Officer considers the validity of a call-in request having regard to the protocol set out in the revised Appendix 5 to Paper F103 (circulated as Paper F117). Further that, the Chief Executive and Corporate Directors maintain an overview of the procedures, be notified of a call-in request and be consulted if necessary [2.4 as amended].
(8) That the Head of Corporate Services be authorised to make appropriate amendments to the Constitution in relation to recommendations (1) to (7) above.
(9) That the new procedures be implemented with immediate effect and reviewed after one year.
|