To consider and determine referral from Cabinet and the Policy and Performance Coordinating Committee reference ‘Review of Scrutiny Arrangements.

Minutes of the Policy and Performance – Coordinating Committee (Wednesday, 15 June 2016).

Proposed amendments to Cabinet Minute – Review of Scrutiny Arrangements

The matter requiring approval was in relation to the Review of Scrutiny Arrangements and the recommendations from Cabinet of 6 June, 2016 (minute 8 refers). This matter had also been considered by the Policy and Performance – Coordinating Committee at its meeting held on 15 June, 2016 (minute 4 refers).

Changes to the Scrutiny function required a change to the Council’s Constitution and Calendar of Meetings. Appointments to the new Committees were required and consequently, required the approval of Council.

Appended to the report were:

Appendix 1  - Transfer of Scrutiny Work Programme Items

Appendix 2  - Appointments and Revised Calendar of Meetings

  Appendix 3  - Revised Article 6 and Table 2 - Responsibility for Functions of  the Constitution

Appendix 4  - Revised Part 4a - Standing Order 35

Appendix 5  - Revised Part 4d Overview and Scrutiny Procedure Rules

Councillor Ann McLachlan formally presented the recommendation to Council, seconded by Councillor Phil Davies.

That the proposed changes to the Council’s scrutiny arrangements set out in the Cabinet report and its appendices be approved (as appended to these minutes).

Two amendments which had been circulated in advance of the meeting were submitted in accordance with Standing Order 12(1) and (9), as follows:

Amendment (1)

Proposed by Councillor Jeff Green

Seconded by Councillor Lesley Rennie

(1)  Council is concerned that, since the meeting of the Coordinating Committee held on 15th June 2016, information subsequently provided on how the Review of Scrutiny Arrangements was undertaken is scant, however what has been relayed to Members clearly shows the process and methodology used is seriously flawed.

(2)  Council is troubled about the lack of thought that has been given to protect the democratic process in the apparent haste to drive these proposals through and the lack of consultation or expert help that has been sought to draw up these proposals. This is a retrograde step and a feature of an inward looking Council.

(3)  Council notes that the Leader of the Council and his Cabinet have not implemented the recommendations from the LGA Peer review undertaken in November 2015 namely that:  “the role of scrutiny may be enhanced in the longer term by offering opposition members a leadership role on the Policy & Performance Committees.” 

(4)  Council therefore recommends a pause to this process to enable Cabinet to  commission an independent, expert view from the Centre for Public Scrutiny via the Local Government Association on the ‘Review of Scrutiny Arrangements’ tabled at Cabinet at its meeting held on 6th June 2016.

Prior to the vote on the amendment Jeff Green and five Conservative Members rose to request a ‘card vote’.

A ‘card vote’ was then taken and the Council divided as follows:

For the motion (23) Councillors T Anderson, B Berry, C Blakeley, E Boult, A Brighouse, D Burgess-Joyce, C Carubia, P Cleary, Mrs W Clements, D Elderton, G Ellis, P Gilchrist, J Green, A Hodson, K Hodson, S Kelly, I Lewis, D Mitchell, L Rennie, L Rowlands, A Sykes, G Watt and S Williams.

Against the motion (37) Councillors R Abbey, P Brightmore, A Davies, G Davies, P Davies, W Davies, P Doughty, S Foulkes, T Johnson, AER Jones, C Jones, Tony Jones, B Kenny, A Leech, A McLachlan, M McLaughlin, J McManus, C Meaden, B Mooney, C Muspratt, T Norbury, M Patrick, D Realey, L Reecejones, D Roberts, PA Smith, W Smith, C Spriggs, J Stapleton, P Stuart, M Sullivan, T Usher, J Walsh, W Ward, I Williams, KJ Williams and J Williamson.

One abstention – Councillor P Hackett.

The first amendment was put and lost (23:37) (One abstention).

Amendment (2)

Council recognises the work that has been put in to develop the Wirral Plan since Council approved its themes and adopted its outcomes on 13th July 2015.

Council recalls the narrative to Minute 22 of the Cabinet of 9 July 2015 within which it was reported that …

‘It was essential that the Council took its residents with it on this journey and ensured that it was constantly aware of local priorities.'

Council believes that

1.  scrutiny should be organised to ensure adequate study of the full range of issues that concern Wirral residents, not just on the twenty pledges and activity referred to in the Wirral Plan;

2.  the devolution of additional funding and powers to the four Constituency Committees has not yet been outlined or developed;

3.  it is still unclear as to how the Liverpool City Region will be scrutinised or how the widest possible range of Councillors will be engaged in its decision making.

Council also recognises that the management and organisational structure for the ‘New Operating Model’ considered by Cabinet at its 21 March 2016 meeting has yet to be considered.

Council, therefore, defers this matter to a future meeting of Council so as to allow Cabinet to bring forward revised proposals on the structure, scope and operation of the Council's Overview and Scrutiny function, with particular regard to:

(a)  the workload of Members along with a vision of how Member involvement with our partners will be developed;

(b)  how effective scrutiny of major service areas covered by the Directors of Children's Services and Adult Social Services will be managed and undertaken;

(c)  how the effective scrutiny of financial/budgetary matters, including the implementation and achievement of savings, will be carried out and

(d)  a presumption in favour of openness and transparency.

On a show of hands.

The second amendment was then put and lost (23:37) (One abstention).

Cabinet Recommendation

Prior to the vote on the original recommendation before Council, Councillor Jeff Green and five Conservative Members rose to request a ‘card vote’.

A ‘card vote’ was then taken and the Council divided as follows:

For the motion (37)Councillors R Abbey, P Brightmore, A Davies, G Davies, P Davies, W Davies, P Doughty, S Foulkes, T Johnson, AER Jones, C Jones, Tony Jones, B Kenny, A Leech, A McLachlan, M McLaughlin, J McManus, C Meaden, B Mooney, C Muspratt, T Norbury, M Patrick, D Realey, L Reecejones, D Roberts, PA Smith, W Smith, C Spriggs, J Stapleton, P Stuart, M Sullivan, T Usher, J Walsh, W Ward, I Williams, KJ Williams and J Williamson.

Against the motion (23)Councillors T Anderson, B Berry, C Blakeley, E Boult, A Brighouse, D Burgess-Joyce, C Carubia, P Cleary, Mrs W Clements, D Elderton, G Ellis, P Gilchrist, J Green, A Hodson, K Hodson, S Kelly, I Lewis, D Mitchell, L Rennie, L Rowlands, A Sykes, G Watt and S Williams.

One abstention – Councillor P Hackett.

RESOLVED (37:23) (One abstention)

That the proposed changes to the Council’s scrutiny arrangements set out in the Cabinet report and its appendices be approved (as appended to these minutes).