The Director of Law, HR and Asset Management reported that at its meeting held on 14 September 2009 (minute 14 refers), the Scrutiny Programme Board referred the following proposed amendment to paragraph (iv) of its terms of reference (Call-in Notices) to the Cabinet for consideration –

“(iv) the chair and party spokespersons of the scrutiny programme board shall consider call-in notices in relation to executive functions which fall within the terms of reference of more than one overview and scrutiny committee and allocate such notices to those committees affected by the decision.”

On a motion by Councillor Holbrook and seconded by Councillor Foulkes, it was –

RECOMMENDED –

That Cabinet notes the request of the Scrutiny Programme Board to change its terms of reference and further notes that this is a constitutional change, which needs to be referred to the Council.

However, Cabinet recognises also that the original terms of reference were specifically agreed by the Council in order to reduce the need for multiple hearings on the same item and to allow the Scrutiny Programme Board itself to hear call-ins which affect more than one Committee.

As the original terms of reference do not preclude hearings by more than one Committee, where the Scrutiny Programme Board believes this is appropriate and the revised terms of reference specifically remove the right of the Scrutiny Programme to hear call-ins affecting more than one Committee, Cabinet believes this is contrary to the Council’s intent and so recommends that the terms of reference remain unchanged.