Agenda item - People Overview & Scrutiny Committee Terms of Reference and Procedures

Report of the Corporate Director, Corporate Services (copy attached).

6.1 The Chair opened the first item of business, a paper outlining the terms of reference for the People Overview and Scrutiny Committee. She asked if members had any questions about the Terms of Reference or procedures for scrutiny.

6.2 Giles Rossington introduced the report to the committee and said that he was happy to answer any questions.

6.3 Cllr Meadows asked a question regarding the work programme noting that it will be difficult to scrutinise the Cabinet Forward Plan due to the timings of the Cabinet meetings and the People Overview and Scrutiny Committee meetings. The Chair responded that the Committee will have a good idea of what is coming up based on the presentations today and that the Committee would not just be looking at decision already made. Giles Rossington said that the key to scrutiny was what value looking at an issue would bring, and that the Committee was not limited to pre-decision scrutiny.

6.4 Cllr Shanks asked about the call-in process as it is not mentioned in the terms of reference. Giles Rossington responded that the call-in process is delivered by the Overview and Scrutiny Committees but not limited to the Committee. Any members (so long as they meet the criteria of six members made up of at least two groups, or one group and independents) can call in a decision. Once this request has been accepted, it will go to either the People or Place Overview and Scrutiny Committee.

6.5 Cllr Shanks asked a question regarding who would decide if a call-in request was valid. Giles Rossington responded that the call-in request would be made to the Chief Executive and the Monitoring Officer. The request would need to have a valid reason, such as no consultation was made, it goes against the council plan, it would have the opposite effect as planned (the reasons for a call-in are set out in the constitution.)  The Chief Executive and the Monitoring Officer will then consider the call-in request, it is not a political decision. The Chief Executive, who was present in the audience, offered an example of a call-in request being made at her previous council of Bournemouth, Christchurch and Poole Council. A decision to implement a PSPO had been requested for a call-in asking if all of the data had been properly considered. The Chief Executive stated that as long as the criteria were met and the reason justified a call-in would probably be accepted.

6.6 Adam Muirhead asked a question regarding the quorum for the meetings, was this three or three and the chair. Giles Rossington responded that the chair is not required for the meeting and that the quorum of three is based on typical best practice. However, the chair (should they be present) would want to decide if a meeting with just three attendees should go ahead. As the Committee is not a decision-making body it would not necessarily need to go ahead with the meeting and it could be postponed. It is unlikely that we would ever have such a low turnout for a meeting.

6.7 Cllr Sheard asked a question regarding call in requests and task and finish groups with relation to issues, such as housing, that are covered by both Overview and Scrutiny Committees, and how a decision would be made as to which committee would look at these. The Chair stated that she has regular conversations with Cllr Evans, Chair of the Place Overview and Scrutiny Committee, and that they realise that there are a lot of areas of overlap between the committees. They would discuss any issues and come to a decision. The Chair also said that it would be possible to do joint task and finish groups on issues that relate to both committees. Dialogue between the Chairs would be key. Giles Rossington stated that in forming the new system it was decided not to have formal protocols relating to this as it can be decided by informal dialogue between the Chairs to facilitate joint working or distribution of issues. However, should it be necessary in the future formal protocols could be looked at.