Proposer – Councillor Kitching
Seconder – Councillor Hunt
That this Council:
a) Notes section 9FA of the Local Government Act 2000 which clearly states that “members of the executive* cannot be members of a scrutiny committee”.
b) Also notes point 25 of the Government’s 2019 document “Overview and scrutiny: Statutory guidance for councils and combined authorities” which recommends that “Authorities should ensure that, ’as a minimum, members holding less formal executive* positions … do not sit on scrutinising committees looking at portfolios to which their roles relate.’”
c) Considers that the Authority should hold itself to a higher standard than the minimum, particularly in matters of scrutiny.
d) Feels that the presence of cabinet support members on the Overview and Scrutiny committee creates a potential conflict of interest, and therefore undermines the necessarily robust, open and transparent process of scrutiny within the authority.
Therefore, this Council resolves that:
i. Cabinet Support Members should not take up seats on the Overview & Scrutiny committee.
ii. Amend standing order point 25 (4) to: “Neither Cabinet Members nor Cabinet Support Members will be members of the Scrutiny Committee.”
iii. These changes will be implemented immediately.
Note: As this Motion refers to an amendment to Standing Orders, once Moved and Seconded, it will stand adjourned without further discussion until the next ordinary meeting of the Council (Standing Order No 41 refers)
Minutes:
The following Motion submitted in accordance with Standing Order No 6 was:
Moved by Councillor Kitching – Seconded by Councillor Hunt
That this Council:
a) Notes section 9FA of the Local Government Act 2000 which clearly states that “members of the executive* cannot be members of a scrutiny committee”.
b) Also notes point 25 of the Government’s 2019 document “Overview and scrutiny: Statutory guidance for councils and combined authorities” which recommends that “Authorities should ensure that, ’as a minimum, members holding less formal executive* positions … do not sit on scrutinising committees looking at portfolios to which their roles relate.’”
c) Considers that the Authority should hold itself to a higher standard than the minimum, particularly in matters of scrutiny.
d) Feels that the presence of cabinet support members on the Overview and Scrutiny committee creates a potential conflict of interest, and therefore undermines the necessarily robust, open and transparent process of scrutiny within the authority.
Therefore, this Council resolves that:
i. Cabinet Support Members should not take up seats on the Overview & Scrutiny committee.
ii. Amend standing order point 25 (4) to: “Neither Cabinet Members nor Cabinet Support Members will be members of the Scrutiny Committee.”
iii. These changes will be implemented immediately.
Note: As this Motion referred to an amendment to Standing Orders, in accordance with Standing Order No 41, it would now stand adjourned without further discussion until the next ordinary meeting of the Council.