A.  To consider the reports of the Head of Legal and Member Services on the following matters:

(i).  Appointment and Constitution of Council Committees for 2014/15.

(Pages 25 - 43)

(ii).  Appointments to Statutory and Advisory Committees, Working Parties and Panels 2014/15.

(Pages 45 - 57)

(iii).  Appointment of Members (and/or other individuals) to Outside Bodies and organisations 2014/15.

(Pages 59 - 73)

B.  To consider recommendations from the Policy and Performance Coordinating Committee of 1 April, 2014, in respect of proposed Joint Health scrutiny arrangements covering the Merseyside and Cheshire area.

(Pages 75 - 90)

C.  To consider recommendations from the Standards and Constitutional Oversight Committee of 28 April, 2014, in respect of the Council’s Ethical Framework relating to Member conduct and related issues.

(Pages 91- 128)

The Council was requested to consider the reports of the Head of Legal and Member Services and Committee referrals on the following matters –

(i).  Appointments and Constitution of Council Committees and the appointment of Chairs and Vice-Chairs to such Committees.

(ii).  Appointments to Statutory and Advisory Committees, Working Parties and Panels.

(iii).  Appointment of Members (and/or other individuals) to Outside Bodies and Organisations.

(iv).  Recommendations of the Policy and Performance Coordinating Committee held on 1 April, 2014, in respect of proposed Joint Health scrutiny arrangements covering the Merseyside and Cheshire area.

(v).  Recommendations of the Standards and Constitutional Oversight Committee held on 28 April 2014 in respect of the Council’s Ethical Framework relating to Member conduct and related issues.

In respect of the first matter requiring approval, it was moved by Councillor Phil Davies and seconded by Councillor Ann McLachlan –

‘That the recommendations in the report be approved.’

An amendment was then submitted in accordance with Standing Order 12 (1).

Proposed by Councillor Gilchrist

Seconded by Councillor Mrs Pat Williams

‘Council believes that taking away the opportunity for members of opposition parties to chair the Scrutiny process is a backward step.

Council is concerned that this was done by the Leader without consultation or discussion with the opposition parties.

In particular, Council respects and notes the role of the Policy and Performance Committees as described in the Constitution where they are expected to…

“foster and encourage an inclusive, structured, non-partisan and non-adversarial approach to overview and scrutiny”.

In addition, the Constitution states that Chairs and Members are expected to “….undertake Overview and Scrutiny functions in a constructive and non-partisan way”.

Council therefore does not accept that the Chairs should be drawn in their entirety from the controlling party and calls upon the Leader to enter into a meaningful dialogue on this issue.

 Council therefore resolves that:

1. With regard to the appointment of Chairpersons to the Policy and Performance Committees, the three Group Leaders shall within the next seven days enter into dialogue with a view to agreeing the Chairperson of each Policy and Performance Committee. Those appointments shall take effect once the names of the Chairpersons have been confirmed in writing to the Head of Legal and Member Services.

2. In the event that the three Group Leaders are unable to reach agreement as to the Chairpersons of the Policy and Performance Committees (pursuant to 1 above), the matter will be referred back to Council for determination at its meeting on 14 July 2014. In the interim, the Chairperson of each Policy and Performance Committee shall be appointed by each Committee from amongst its membership.’

Two further amendments were then submitted in accordance with Standing Order 12 (1).

First amendment -

Proposed by Councillor Jeff Green

Seconded by Councillor Lesley Rennie

‘Council notes that opposition Members of the Council have previously raised concerns regarding the size and scope of the Families and Wellbeing Policy and Performance Committee and its ability to adequately scrutinise the performance of services for adults and children in Wirral.

Council further notes the period of extreme change laid out by the Administration for the financial year 2014/15 and beyond. 

Therefore in order to ensure that services and policies for vulnerable children, child protection, educational development and vulnerable adults are appropriately scrutinised Council demands the abolition of the Families and Wellbeing Policy and Performance Committee to be replaced by:

1. A Children’s Policy and Performance Committee (which shall include two Parent Governor Representatives and two Diocesan representatives (one Catholic and one Church of England); and

2. An Adult and Public Health Policy and Performance Committee.

Council shall stand adjourned to allow officers to (i) recalculate the committee seat allocations so as to ensure that they are politically proportionate; and (ii) apportion the Terms of Reference of the current Families and Wellbeing Policy and Performance Committee between both the Children’s and Adult and Public Health Policy and Performance Committees (as appropriate) for consideration and approval by Council when it reconvenes.’

Second amendment

Proposed by Councillor Jeff Green

Seconded by Councillor Lesley Rennie

‘Council notes with disappointment the decision taken by the Leader of the Council to remove all opposition councillors from the chairs of Scrutiny Committees. Council believes this a retrograde step, a break away from good practice and an attempt to ensure the Labour Administration scrutinizes itself.

Council therefore recommends that the Leader of the Council enters into meaningful dialogue with the other Group Leaders with a view to agreeing the Chairmen of each Policy and Performance Committee. These appointments shall take effect once the names of the Chairmen have been confirmed in writing to the Head of Legal and Member Services.

In the event that the three party leaders cannot reach agreement the matter will be referred back to Council for determination at its meeting on 14th July 2014. In the interim, the Chair for each of the Policy and Performance Committees should be drawn from its membership.’

The Civic Mayor suggested and it was agreed that Standing Order 12(10) be suspended and that there would be one debate on all three amendments.

The movers of the amendments then spoke to their amendments. Following a debate, the seconders to the amendments having spoken and Councillor Phil Davies having replied, the amendment proposed by Councillor Gilchrist was put and lost (24:37) (One abstention).

Prior to the vote on Councillor Green’s first amendment, Councillor Green along with five Conservative Members asked that a ‘card vote’ be recorded.

The Council then divided as follows:

For the amendment (23) Councillors T Anderson, B Berry, C Blakeley, E Boult, A Brighouse, C Carubia, Mrs W Clements, D Elderton, G Ellis, P Gilchrist, J Green, A Hodson, K Hodson, M Hornby, S Kelly, D Mitchell, C Povall, L Rennie, L Rowlands, A Sykes, G Watt, Mrs P Williams and S Williams.

Against the amendment (37) Councillors R Abbey, P Brightmore, J Crabtree, M Daniel, G Davies, P Davies, W Davies, P Doughty, R Gregson, P Hackett, T Johnson, A Jones, C Jones, A Leech, A McLachlan, M McLaughlin, Mrs C Meaden, B Mooney, C Muspratt, S Niblock, T Norbury, M Patrick, D Realey, L Reecejones, D Roberts, J Salter, H Smith, PA Smith, W Smith, C Spriggs, J Stapleton, M Sullivan, J Walsh, S Whittingham, I Williams, K Williams and J Williamson.

Two abstentions – Councillors P Cleary and S Foulkes.

The amendment was therefore lost (23:37) (Two abstentions)

The second amendment proposed by Councillor Green was put and lost (23:37) (Two abstentions).

The motion moved by Councillor Phil Davies, seconded by Councillor Ann McLachlan was then put and carried (37:23) (Two abstentions)

Resolved (37:23) (Two abstentions) –

(1)  That for the 2014/15 municipal year the total number of Committee places (excluding those on the Cabinet and Constituency Committees) shall be 133 and the places shall be allocated in the following proportions:

(2)  That the Chairs of the above Committees be allocated to the Labour Group along with the Vice-Chairs

(3)  That the nominations for places on committees be submitted by the respective Political Group Leaders to the Head of Legal and Member Services and be as set out in Appendix A to the minutes of this meeting.

(4)  That the ongoing nominations of Diocesan and Parent Governor representatives on the Coordinating Committee and Families and Wellbeing Policy and Performance Committee be noted. 

In respect of appointments to Statutory and Advisory Committees, Working Parties and Panels it was moved by Councillor Phil Davies, seconded by Councillor Ann McLachlan and –

Resolved (unanimously) - That the numbers be agreed for each appointment to Statutory and Advisory Committees, Working Parties and Panels for the 2014/2015 municipal year, including the proportional split where appropriate, and the nominations be submitted by the respective Political Group Leaders to the Head of Legal and Member Services and be as set out in Appendix B to the minutes of this meeting. Provision was also made for Group Leaders to nominate deputies in respect of the Health and Wellbeing Board.

In respect of appointments to Outside Bodies and Organisations, it was moved by Councillor Phil Davies, seconded by Councillor Ann McLachlan and –

Resolved (unanimously) - That the numbers be agreed for each appointment of Members (and/or other individuals) to all Outside Bodies for the 2014/2015 municipal year, including the proportional split, where appropriate, and the nominations be submitted by the respective Political Group Leaders (and Chief Executive in respect of Council Officer nominations) to the Head of Legal and Member Services and be as set out in Appendix C to the minutes of this meeting.

In respect of recommendations of the Policy and Performance Coordinating Committee, it was -

Resolved (unanimously) – That the recommendations of the Policy and Performance Coordinating Committee held on 1 April, 2014, in respect of proposed Joint Health scrutiny arrangements covering the Merseyside and Cheshire area, be approved.

In respect of recommendations of the Standards and Constitutional Oversight Committee, it was moved by the Civic Mayor, seconded by Councillor Phil Davies, and -

Resolved (unanimously) – That the recommendations of the Standards and Constitutional Oversight Committee held on 28 April 2014 in respect of the Council’s Ethical Framework relating to Member conduct and related issues, be approved.