CHILTERN DISTRICT COUNCIL

MINUTES of the Meeting of the SCRUTINY COMMITTEE

held on 19 March 2002

IN ATTENDANCE: Councillor T Dodd.

APOLOGIES FOR ABSENCE were received from Councillor J E Ford.

NOT PRESENT: Councillor P T Lole.

50.     MINUTES

The Minutes of the meeting of the Committee held on 19 February 2002, copies of which had been previously circulated, were signed by the Chairman as a correct record.

51.     DECLARATIONS OF INTEREST    

There were no declarations of interest.

52.     STRATEGY REPORTS FROM THE EXECUTIVE

A brief verbal report was given at the meeting by the Director of Corporate Services outlining the three strategies, which were discussed at the Executive meeting, held on 12 March 2002. These strategies were considered to be a possible area for the Scrutiny Committee to look into as they formed part of the Policy and Budgetary Framework.

Revised Community Safety Strategy Plan

Members decided not to discuss this item at this time.

Best Value Performance Plan 2002/2003

It was agreed that this would be moved to the April meeting of the Scrutiny Committee for consideration.

Treasury Management Strategy 2002/2003.

Members decided not to discuss this item on the basis it was a technical issue for the Director of Corporate Services.

     RESOLVED –

2.     That the Best Value Performance Plan be considered at the next meeting of the Committee.

Note: Councillor M A Peters entered the meeting at 6.40pm

53.     COMMUNICATION BETWEEN SCRUTINY AND THE EXECUTIVE

Arising on Minute 140 of Council on 5 March 2002, it was suggested that a form of protocol should be adopted after Members raised concern over the letter sent by the Portfolio Holder for Environmental Management to the Chairman of the Scrutiny Committee.

The Chairman of the Scrutiny Committee had drafted a letter to the Executive Leader suggesting a solution to prevent this situation from reoccurring.

Members discussed the need for protocol in communication between Scrutiny and the Executive. Concerns were raised as it was thought that such a protocol would bind the Committee on raising issues for which no notice had been given to the relevant portfolio holder. It was agreed that it was essential for the Committee to remain an independent body.

     RESOLVED –

1.     That, where applicable, letters be circulated to all Members of the Committee.

2.     That a protocol be not required.

54.     DRAFT ANNUAL REPORT FROM THE CHAIRMAN

The Committee was asked to discuss the draft first report from the Chairman of the Scrutiny Committee. Members agreed that it was satisfactory in lay out as it had been kept brief. However the following changes to the section  “Work Programme 2001 – 2002” were agreed

The report would be supported by two brief reports from the Chairmen of the Best Value and Ad-hoc Sub Committees.  The report would be finalised at the April meeting of the Scrutiny Committee in time to be put to the Annual Council in May.

     RESOLVED –

That subject to the changes to the Work Programme 2001-2002 and the inclusion of updates from the Chairmen of the Best Value Sub-Committee and Scrutiny Sub-Committee, the Annual Report be finalised and agreed at the next meeting of the Committee.

     Note: Councillor Dodd left the meeting at 7.10pm.

55.     POLICY AND ADVISORY GROUPS (PAGS)

Discussion took place on the role of Policy Advisory Groups and of their importance to the Executive. Concern was raised that they were being used as a forum to inform Members in more detail about specific policies, and that advice was not being given to the relevant portfolio holder.

Members agreed that discrepancies existed between the existing protocol for PAGs and the way in which they were being run. The Head of Legal Services advised that the protocol for PAGs could be changed if this was how the Scrutiny Committee wanted to proceed.  

It was decided that it was too soon to comment on the effectiveness of Policy Advisory Groups, as the new political structure had not yet been in place for one year.

     RESOLVED –

That consideration be given to reviewing PAGs in six months time.

     Note: Councillor D G Meacock left the meeting at 7.20pm.

56.     RESOURCES FOR SCRUTINY FUNCTION

Members had raised concern about the resources available for Scrutiny and therefore the ability to carry out its new role. A small survey had been carried out with similar districts to Chiltern and the majority had experienced no real problems with either resources or conflict, with officers dealing with both Executive and Scrutiny. Members discussed the following points: –

Organisation of the scrutiny function and current resources

It was agreed that the Committee was starting to fulfil its function at Chiltern, however it needed to be more rigorous in its approach. It was agreed that reviews would still be carried out by working parties of the Scrutiny Sub-Committee.  The Head of Legal Services advised that if this procedure was to continue a protocol would need to be drawn up in order to make the work of the Committee more accountable to the public.

Executive/Scrutiny – Officer conflict

Members did not raise any concerns with regard to the ability of officers to act impartially between the Scrutiny and the Executive.

Resource requirements/provision

RESOLVED –

1.     That the appointment of the Director of Corporate Services as a

lead officer be noted and approved.

5.     That no further training be required at this time.

57.     URGENT ITEM TO EXECUTIVE NOT IN FORWARD PLAN

There was an item on the Executive Agenda for the meeting on 12 March 2002 that had not been on the Forward Plan. The Chairman of Scrutiny had been notified in accordance with Rule 14 of the Access to Information Rules so that the item could be considered by the Executive. The Chairman had also been requested under Rule 12 of the Scrutiny Procedure rules to give his consent that the item was urgent and should be exempt from “Call-In” by the Scrutiny Committee. It was noted that following consultation with his Vice-Chairmen, the Chairman had given his consent.

The Committee discussed the matter and agreed that this had removed their rights to call in this key decision and therefore had placed constraints upon the Committee. The Director of Planning and the Environment explained why this item had not been included in the Forward Plan and why she had requested that it be treated as an urgent item. The Head of Legal Services informed Members that only two such requests had been made since the adoption of Executive arrangements. He also advised that Rule 12 required that the Chairman of Scrutiny be informed of any unnecessary expenditure or loss of income that could result if a decision was not exempt from “Call-In” and the request to the Chairman in this case had given that information. Members decided that in future there should be more detailed information in the letter to the Chairman so that he could more effectively consult with his Vice-Chairman before determining whether to give consent.

     RESOLVED –

That the Executive be advised that requests to the Chairman of the Scrutiny Committee in accordance with Rule 12 of the Scrutiny Procedure Rules contain detailed information about anticipated loss of income or unnecessary expenditure.

     Note: Councillor Mrs J Ottaway left the meeting at 8.20pm

The meeting ended at 8.25 p.m.