Agenda item

Note: this motion was moved and seconded at the Council meeting on 25^th November, 2021, and has stood adjourned without further discussion in accordance with standing order 41.

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.

The following Motion submitted in accordance with Standing Order No 6, and stood adjourned from the Council meeting held on 25^th November, 2021 in accordance with Standing Order no 41  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.

An amendment submitted in accordance with Standing Order No 8 was then:

Moved by Councillor Sir Stephen Houghton CBE – Seconded by Councillor Andrews BEM:

The following paragraph be deleted:-

‘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’

And that,

1. Be amended to read ‘Cabinet Support Members should not engage in Overview and Scrutiny matters which relate to the area of their Portfolio’

2. Be amended to read ‘That the constitution be amended to incorporate point i’

On being put to the vote, the Amendment was WON.

The Amendment was the put as the Substantive Motion and:

Moved by Councillor Sir Stephen Houghton CBE – Seconded by Councillor Andrews BEM; and

RESOLVED:

i)              That Cabinet Support Members should not engage in Overview and Scrutiny matters which relate to the area of their Portfolio;

ii)             That the Constitution be amended to incorporate point i); and

iii)           That these changes will be implemented immediately.