In order to assist the Board and, in particular, those newly elected Members, the Chair referred to and recited the Terms of Reference for the Scrutiny Programme Board, which were contained within Part 2, Article 6 of the Council’s Constitution, viz:

(i)  To approve and co-ordinate the work programme for the five themed overview and scrutiny committees including resolving any conflict between such committees.

(ii)  To allocate work to (or remove work from) any of the five overview and scrutiny Committees.

(iii)  To review or scrutinise decisions made or other actions taken in relation to any executive functions, particularly (but not exclusively) in relation to crosscutting issues or matters not within the terms of reference of any of the five themed overview and scrutiny committees.

(iv)  To consider any call-in notices in relation to any executive functions and determine such notices or allocate them to one or more of the five themed overview and scrutiny committees as it considers most appropriate.

(v)  To be responsible for the development and monitoring of an annual scrutiny work programme.

(vi)  To undertake scrutiny in its own right with regard to cross-cutting or strategic issues not covered by other overview and scrutiny committees.

(vii)  To identify and share good scrutiny practice across all overview and scrutiny committees

Whilst having noted that any proposed change to the terms of reference would require the approval of the Council, Members expressed the view that it would not be appropriate for the Scrutiny Programme Board to dictate to other Overview and Scrutiny Committees what they should or should not do in relation to scrutiny, or veto their agreed work programmes.

Members commented also upon the requirement for all call-in notices to be referred for consideration to the Scrutiny Programme Board, either for determination or to be allocated to one or more of the five themed overview and scrutiny committees as it considered most appropriate. Members considered how best to deal with call-in notices in the future and sought comments from officers in relation to the use of email, particularly in those instances there would appear to be a clear and logical referral to a particular Overview and Scrutiny Committee.

The Head of Legal and Member Services indicated that although it was open to the Board to consider how best to streamline the procedure, the call-in process was prescribed by the Council’s Constitution and any proposed amendments to it would need to be agreed by the Council. The Board had previously highlighted the difficulty in dealing with call-in notices within the prescribed 15 working days from receipt and had on an earlier occasion asked the Council to consider a revision to its terms of reference (minute 14 (14 September 2009) refers). However, that request was not supported by the Cabinet (minute 163 (15 October 2009) refers) and was not accepted by the Council.

Resolved –

(1)  That the Terms of Reference be noted and a copy of the appropriate part of the Constitution be circulated to Members.

(2)  That, although the power to allocate work to, and remove work from the other Overview and Scrutiny Committees remains within the terms of reference of the Scrutiny Programme Board, the view expressed that this power should not be exercised, be agreed.

(3)  That the Director of Law, HR and Asset Management be requested to present a report to the next meeting upon possible options available on how best to streamline the call-in process, including the use of any available electronic processes.