The Committee is to receive a presentation on Overview and Scrutiny.
Minutes:
The Principal Committee Officer gave the Committee a presentation giving an insight into how Overview and Scrutiny worked in Havering. It was important that the Committee understood the difference between Executive decisions and those made by the Council. We were informed that Council functions were explicitly the responsibility of the full Council and/or its Committees or staff on their behalf. Whereas Executive functions, were the responsibility of the Executive, meaning the Cabinet or individual Cabinet Members, or staff on their behalf. The principal interest of an Overview and Scrutiny Committee (OSC) was the Executive decision making function.
Overview and Scrutiny was the function by which Council decisions, or indeed any actions taken in connection with Council functions, could be reviewed and/or scrutinised. Overview and Scrutiny Committees were able to make reports and/or recommendations to each of full Council, Cabinet or any policy committee. These reports could be in connection with the discharge of any functions.
The Committee noted that the former local government minister, Nick Raynsford MP, once stated “Scrutiny is a powerful tool to help identify weaknesses in existing policy and practice, as well as driving improvement”
In Havering there were seven overview and scrutiny committees, five dealt with various aspects of Council services and were aligned with the overall goals of the Council. They were:
· Children and Learning
· Environment
· Individuals
· Towns and Communities
· Value
The other two Committees – Crime & Disorder and Health were principally outward looking and scrutinised local crime and disorder-related issues and local health services respectively.
The Committee noted that only non-Cabinet members could sit on an overview and scrutiny committee, however there was nothing to prevent a Committee meeting with or questioning a relevant Cabinet member in order to aid aspects of scrutiny. Overview and Scrutiny meetings were open to the public and anyone, including Cabinet Members, could attend.
Each overview and scrutiny committee consisted of between six and nine members. Under the political breakdown rules, the political breakdown of the seats reflected, as far as was practicable, the make-up of the Council as a whole.
The Committee was informed that a major part of their work would be undertaking Topic Groups, either as part of an agreed work plan, or because a specific issue had arisen that needed investigation. The Committee itself would approve the terms of reference and the scope of its Topic Groups and could set parameters within which they would work. A recent change was that Council had agreed that Topic Groups could include – or indeed be wholly comprised of – members who were not actually members of the parent OSC. Therefore if a member not on a particular OSC had expertise or an interest in an area being investigated by a Topic Group, he or she could take part if the committee agreed to their inclusion as a member of the Topic Group.
The factors for successful scrutiny carried out by Topic Groups were outlined to the Committee. The more tightly and realistically framed that the recommendation was, the more likely they were to be adopted/ implemented. Members were encouraged to look at various aspects of Council services, by meeting Council officers, holding discussions with the public and community groups and undertaking site visits both within Havering and other local authorities to gain an understanding of the situations in other Councils.
The Committee was informed of the call-in process and how this would be dealt with by an Overview and Scrutiny Committee. The officer explained that often a special meeting of the OSC would be called to deal with the matter.
The Councillor Call for Action (CCA) was a power that allowed any Member to bring a matter of concern to an OSC. The issue could not relate to planning, licensing, health and crime and disorder issues, as separate powers covered these areas. Members must have attempted to resolve the issue directly with the department concerned prior to bringing them to scrutiny in this way.
The Committee was informed that one change, enacted by the Local Democracy, Economic Development and Construction Act 2009, was the requirement of each Council to nominate a Statutory Scrutiny Officer. This person was required to promote the role of Overview and scrutiny in the authority as well as support all Members and officers in their work and dealings with Overview and Scrutiny. In Havering the Statutory Scrutiny Officer was Andrew Beesley, Committee Administration Manager.
During a brief debate Members noted that delegated decision can also be “called in”.
Members also discussed the nature of the scrutiny carried out and previous update of Cabinet decision.
The Committee NOTED the presentation.