Issue - items at meetings - Statutory Crime & Disorder Committee

Report of the Director of Strategy & Governance (copy attached).

RESOLVED TO RECOMMEND –

(1)            That the Environment & Community Safety Overview & Scrutiny Committee (ECSOSC) be designated as the council’s statutory Crime & Disorder Committee;

(2)            That the protocol detailed in Appendix 1 to the report, governing the interface between the Community Safety Forum and ECSOSC be adopted;

(3)            That the Chair of ECSOSC (being the Chair also of the Crime & Disorder Committee), become a member of the Community Safety Forum;

(4)            That the Head of Law be authorised to put these arrangements into effect, following Full Council approval, including any necessary amendments to the council’s constitution; and

(5)            That the Head of Law be instructed to monitor the effectiveness of the arrangements implemented under paragraphs (1) and (2) above, and, if appropriate, to submit a report to the Governance Committee, as part of the council’s 12-month review of the constitution, or any changes considered necessary.

97.1       The Committee considered a report of the Director of Strategy & Governance, which detailed the need to establish a Crime & Disorder Committee and make provision for Councillor Call for Action resulting from the brining into force of Sections 19-21 of the Police and Justice Act 2006 by the Government on the 30 April 2009 (for copy see minute book).

97.2       The Lawyer introduced the report and outlined the various options that had been identified to accommodate the need to establish a Crime and Disorder Committee within the overview and scrutiny function of the council.  He noted that whilst the regulations had been drawn up to cover all authorities, they did not take into account the situation in Brighton & Hove with the existence of the Community Safety Forum.  In wishing to recognise the desire to retain the Community Safety Forum, it was felt that option 1 in the report offered the best solution.  He also noted that there would be an opportunity to review the success of the arrangements that were agreed as part of the 12-month review of the new constitution.  He therefore sought the committee’s views as to which option was preferred and should be recommended to Full Council for adoption.

97.3       Councillor Duncan expressed his concern over the impact that the addition of the responsibility for crime & disorder would have on the work of the Environment & Community Safety Overview & Scrutiny Organisation Committee.  He believed the Overview & Scrutiny Committee already had a comprehensive work programme and felt that a separate Crime & Disorder Committee would be a better option and therefore option 2 in the report was more favourable.

97.4       Councillor Mitchell stated that it was difficult to always be in a position to accommodate changes and meet new requirements that resulted from legislation.  She felt that it was important to recognise the role of and retain the Community Safety Forum and in so doing, option 1 enabled a way forward which would meet the legislative requirements.  She also felt that this would not impinge on Member and officer resources as much as having a stand alone Crime & Disorder Committee.

97.5       Councillor Taylor stated that he felt there was a need for a separate Crime & Disorder Committee to enable it to fulfil its role and undertake an effective scrutiny function.  He believed option 2 offered a better solution and that it should be the preferred option.  He also noted that the Green Group had always advocated the need for a separate committee during the development of the new constitution.

97.6       Councillor Oxley stated that with the additional responsibility being placed on the council for the monitoring of crime & disorder, there was a need to consider how the function would best fit with the existing decision-making arrangements.  He believed that option 1 offered a neat solution, it enabled the Community safety Forum to remain in its current form maintain its important role, recognised the provision of the Local Area Action teams and enabled specific issues relating to crime & disorder to be considered at overview & scrutiny level.  He felt that the option provided an excellent balance and that these arrangements could always be reviewed as part of the 12-month review of the constitution.

97.7       Councillor Watkins stated that the importance and role of the Community safety Forum was something that should be retained.  However, he believed that option 2 was a better model and suggested that it would be better to review its success as part of the 12-month review rather than implementing option 1 and reviewing it.  He felt that a separate Crime & Disorder Committee would give more opportunity for scrutiny and public involvement.

97.8       The Head of Legal & Democratic Services informed the committee that the options listed in the report had been identified by officers with an open mind.  Having considered each of them, it was felt that option 1 worked best with the arrangements that were already in place, and enabled the council to meet its statutory requirements.

97.9       The Chairman noted the comments and stated that as no alternative had been put forward, the recommendations listed in the report remained and she put them to the vote.

97.10  RESOLVED TO RECOMMEND –

(1)       That the Environment & Community Safety Overview & Scrutiny Committee (ECSOSC) be designated as the council’s statutory Crime & Disorder Committee;

(2)       That the protocol detailed in Appendix 1 to the report, governing the interface between the Community Safety Forum and ECSOSC be adopted;

(3)       That the Chair of ECSOSC (being the Chair also of the Crime & Disorder Committee), become a member of the Community Safety Forum;

(4)       That the Head of Law be authorised to put these arrangements into effect, following Full Council approval, including any necessary amendments to the council’s constitution; and

(5)       That the Head of Law be instructed to monitor the effectiveness of the arrangements implemented under paragraphs (1) and (2) above, and, if appropriate, to submit a report to the Governance Committee, as part of the council’s 12-month review of the constitution, or any changes considered necessary.