HERTFORDSHIRE COUNTY COUNCIL

COUNCIL MEETING TUESDAY 26 FEBRUARY 2008 AT 10.30

CHANGES TO SCRUTINY ARRANGEMENTS

Report of the CountySecretary

Report Author: Andrew Laycock (tel: 01992 555500)

1.Purpose of Report

To seek approval to revised arrangements for scrutiny to make the process more streamlined and effective; and to seek approval for consequential amendments to the Constitution.

2.Summary

2.1The Council has already recognised that there is scope for streamlining our scrutiny arrangements. The recent Comprehensive Performance Assessment acknowledged that the scrutiny process is an effective one but endorsed the need for streamlining. Following discussions between Group Leaders, this report sets out proposals to achieve that by deleting the service Scrutiny Committees and reconfiguring the Overview and Scrutiny Committee as a light touch commissioning body with the majority of work being undertaken by Topic Groups. It is proposed that the arrangements for Health Scrutiny continue as they are.

2.2The revised arrangements would take account of the changes required by the Local Government and Public Involvement in Health Act 2007.

2.3The report also makes proposals for consequential changes in relation to

a)the procedures for dealing with petitions, notices of motion and members’ questions.

b)Special Responsibility Allowances for Opposition Group Spokespersons

2.4It is proposed that the new arrangements come into effect from the Annual Meeting in May 2008.

3.Conclusion

The Council is asked to:

(1)approve the revised scrutiny arrangements as set out in paragraph 5

(2)approve the consequential changes as set out in paragraphs 7 and 8

(3)authorise the CountySecretary to make the necessary changes to the Constitution to give effect to these decisions.

(4)appoint the Chairman & Vice-Chairmen designate of the new Overview and Scrutiny Committee.

4.Background

4.1The present structure for scrutiny was introduced in May 2005, and modified in May 2006. The structure was deemed effective in the Audit Commission’s Comprehensive Performance Assessment in 2007, but the Assessment recognised that there was scope for streamlining. In May 2007 the Council resolved “that urgent consideration be given to streamlining the way decisions are passed between Scrutiny Committees, Topic Groups and the Overview & Scrutiny Committee”.

4.2Following discussion between Group Leaders, this report proposes revised scrutiny arrangements aimed at streamlining the process and preventing double handling. The new arrangements will facilitate focussed scrutiny work on particular service areas, the outcome of which should be recommendations aimed at improving service quality and effectiveness. The new arrangements will also implement the changes required by the Local Government & Public Involvement in Health Act 2007.

4.3The proposals in this report do not affect the Health Scrutiny Committee. That Committee has a distinct and well defined role to play in the democratic oversight of the health service in the County. Its functions and procedures would remain unaltered.

5.Revised Scrutiny Arrangements

5.1It is proposed that the following arrangements will come into effect from the Annual Meeting, 20 May 2008.

5.2The four service Scrutiny Committees will be deleted.

5.3The Overview & Scrutiny Committee (“OSC”) will be reconfigured as the single Committee for all scrutiny purposes, except health scrutiny.

5.4The composition of OSC will be:

(1)Chairman appointed by the Administration

(2)2 Vice-Chairmen, one appointed by each Opposition Group

(3)7 other members, when the OSC is not dealing with education matters.

(4)4 parent governor and 2 church representatives (who currently sit on the CSF Scrutiny Committee), together with an additional 6 Administration members, when the OSC is dealing with education matters. There is a legal requirement for a Scrutiny Committee which deals with education matters to include these added members.

5.5Proportionality rules will apply to the OSC. Executive Members will not be able to sit on the OSC.

5.6The remit of the OSC will be

(1)to act as the County Council’s Overview & Scrutiny Committee for all purposes except health scrutiny

(2)to determine an annual work programme for scrutiny, keeping flexibility to deal with urgent issues

(3)to appoint time limited, task and finish Topic Groups to undertakedetailed scrutiny work and make recommendations to the Executive; and to establish one-off scrutiny hearings where that is appropriate

(4)to appoint and manage a pool of Topic Group Chairmen and to ensure those members are trained. The pool will be open to all Council members except Cabinet members, and to the 4 parent governor and 2 church representatives.

(5)to have a reserve power to scrutinise issues itself, when urgent or required by law.

5.7The OSC will be responsible for ensuring that the Cabinet’s budget proposals are scrutinised appropriately; and that there is regular scrutiny of the Hertfordshire Children’s Trust Partnership and the Hertfordshire Safeguarding Children Board.

5.8The Chairman and ViceChairmen of the OSC will work together between meetings and deal with issues by consensus. Where there is no consensus the issue will be referred to the OSC.

5.9Topic Groups will

  • have a Chairman and 2 ViceChairmen who will work together between meetings and deal with issues by consensus wherever possible. No political group would be able to hold more than one of these posts on a Topic Group, and the 4 parent governor and 2 church representative members of the OSC would be treated as a group for this purpose.
  • have scoping documents drafted by officers and approved by the Topic Group Chairman/Vice Chairmen and OSC Chairman/Vice Chairmen.
  • have membership drawn from all members of the Council (except for Cabinetmembers); and from the church and parent governor representatives where Education items are being dealt with
  • work on a time limited, task and finish basis
  • make recommendations direct to the appropriate decision maker - Cabinet, Executive Member or Chief Officer.

5.10The Chairman of OSC will report to the Council at each meeting on scrutiny activity, inviting Topic Group Chairmen to contribute where appropriate.

5.11The organisations which currently nominate non-voting members of CSF Scrutiny Committee will be invited to continue nominations to a pool of experts who will be available for co-option on to Topic Groups and Cabinet Panels.

6.Local Government and Public Involvement in Health Act 2007

6.1This Act makes some changes to the legislation governing scrutiny which will need to be included in the revised arrangements, as follows:

  • Standing Orders must provide for any member of the Council to be able to refer to the OSC “a local government matter”, i.e. a matter relating to the Council’s functions which affects their electoral division. If the OSC decide not to scrutinise the matter they must tell the member why not.
  • Standing Orders must also provide that where the OSC (or a Topic Group on its behalf) make a report with recommendations to the Executive, they must require the Executive to respond within 2 months. The Executive must respond within that period and the response must be published.

6.2The Act also

  • allows the OSC (or a Topic Group on its behalf) to refer a report with recommendations to a partner authority (e.g. District Council, Health Trust etc.) if it relates to a local improvement target in the Local Area Agreement which the partner is responsible for; the partner is required to have regard to the recommendations.
  • enables the Secretary of State to make Regulations requiring partner authorities to provide information in response to a scrutiny request.
  • enables the Secretary of State to make Regulations to allow the County Council and one or more District Councils to set up a joint Scrutiny Committee to examine attainment of local improvement targets.

7.Members’ Questions, Public Petitions and Notices of Motions

7.1Currently, the Service Scrutiny Committees have a members’ question time at each meeting, can receive public petitions, and may have notices of motion referred to them from the Council.

7.2It is proposed to replace members’ question time at the Service Scrutiny Committees with a question time at each Cabinet Meeting. This would be limited to 15 minutes. Members would need to give advance notice of questions. One supplementary question would be allowed in each case. The OSC would retain the statutory right to require a Cabinet member to attend to answer questions on a specific Agenda item.

7.3It is proposed that public petitions which at present go to Service Scrutiny Committees would be directed to the appropriate Cabinet Panel. Petitions to the Council would be referred on to OSC, Cabinet Panel or to officers for report, at the discretion of the Chairman.

7.4It is proposed that the Chairman of the Council would be able to refer a notice of motion to OSC or the appropriate Cabinet Panel for consideration (if it is not debated on the day).

8.Special Responsibility Allowances (SRAs)

8.1Currently, the four Service Scrutiny Committees are chaired by opposition members (two from each opposition group) and each Chairman receives an SRA. In order to reflect the contribution of the Opposition Groups to the work of the Council across all member bodies, it is proposed to identify 8 posts as allocating 8 SRAs:

4 Labour Spokespersons (Environment, Children Schools & Families, Adult Care & Community Safety, Corporate issues)

4 Liberal Democrat Spokespersons for the same areas.

8.2This proposal has been referred to the Allowances Panel and their recommendations on it appear at item 9 on this Agenda.

9.Implementation

It is proposed that, between now and the Annual Meeting

  • the Chairman and Vice-Chairmen designate of the OSC liaise to agree detailed implementation of the new arrangements
  • the pool of Topic Group Chairmen be identified, and a training programme for them be devised and commenced.

10.Financial Implications

The deletion of Service Scrutiny Committees should assist in reducing the pressure of work on staff supporting the scrutiny work programme but will not reduce the level of staffing required. The effect of the proposed changes in SRAs is dealt with in the Allowances Panel report.

S:\HERTFORD01\CSI\LAHERT\SHAREDIR\SHARE\Member & Committee\Committees\County Council\Reports\080226\080226 Revised Scrutiny Arrangements.doc