Agenda item

Terms of Reference

These are attached for information and guidance.

Minutes:

The Director of Law, HR and Asset Management presented for information and guidance the terms of reference of the Scrutiny Programme Board.

 

The general functions were as follows:

 

(a)  Policy development and review - Overview and Scrutiny committees may:

 

(i)  assist the Council and the Cabinet in the development of the budget and policy framework by in-depth analysis of policy issues;

 

(ii)  conduct research, community and other consultation in the analysis of policy issues and possible options;

 

(iii)  consider and implement mechanisms to encourage and enhance community participation in the development of policy options;

 

(iv)  question members of the Cabinet and committees and chief officers about their views on issues and proposals affecting the area; and

 

(v)  liaise with other external organisations operating in the area (whether national, regional or local) to ensure that the interests of local people are enhanced by collaborative working.

 

(b)  Scrutiny - Overview and Scrutiny committees may:

 

(i)  review and scrutinise the decisions made by and performance of the Cabinet and committees and Council officers, both in relation to individual decisions and over periods of time;

 

(ii)  review and scrutinise the performance of the Council in relation to its policy objectives, performance targets and/or particular service areas;

 

(iii)  question members of the Cabinet and committees, and chief officers, about their decisions and performance, whether generally or in comparison with service plans and targets over a period of time, or in relation to particular decisions, initiatives or projects;

 

(iv)  make recommendations to the Cabinet or appropriate committees of the Council arising from the outcome of the scrutiny process;

 

(v)  review and scrutinise the performance of other public bodies in the area and invite reports from them by requesting them to address the overview and scrutiny committee and local people about their activities and performance; and,

 

(vi)  question and gather evidence from any person (with their consent).

 

(c)  Best Value - Overview and Scrutiny Committees will:

 

(i)  recommend the terms of reference for best value reviews to the Cabinet;

 

(ii)  receive progress reports on best value reviews;

 

(iii)  recommend the final report and improvement plans to Cabinet.

 

(d)  Finance - Overview and Scrutiny Committees may exercise overall responsibility for any finance made available to them.

 

(e)  Annual Report - Overview and Scrutiny Committees may report annually to the Council on their workings and make recommendations for future work programmes and amend working methods if appropriate.

 

(f)  Officers - Overview and Scrutiny Committees may exercise overall responsibility for the work programme of any officers employed to support their work.

 

The specific terms of reference for the Scrutiny Programme Board, previously agreed by the Council, were to:

 

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

 

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

 

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

 

(iv)  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)  be responsible for the development and monitoring of an annual scrutiny work programme;

 

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

 

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

 

He presented also the terms of reference for each of the other five overview and scrutiny committees, which had been agreed by the Council and would be submitted to the first meeting of each respective committee.

 

Members commented upon the Board’s specific terms of reference and expressed the view that urgent clarification was required as to whether it was necessary for the Board to be involved where it was clear as to which scrutiny committee a call-in should be allocated or, where it was not clear, for the Board itself to meet in order to allocate the call-in. Members also expressed the view that although it was appropriate for the Scrutiny Programme Board to suggest topics for scrutiny, it ought to be a matter for each of the five themed overview and scrutiny committees to determine their own priorities and work programmes.

 

The Deputy Chief Executive/Director of Corporate Services proposed to consult with the Director of Law, HR and Asset Management and to provide clarification to members in relation to how call-in notices would be dealt with. He commented also that any changes to the terms of reference of any committee would require the approval of the Council.

 

Resolved – That, subject to clarification from the officers on those matters now referred to, the terms of reference be noted.

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