Issue - meetings

To approve the draft Executive Scrutiny Protocol which has been produced following consultation undertaken with the Chairmen of the relevant Committees and Portfolio Holders for recommendation onto the two Overview and Scrutiny Committees and full Council for adoption and incorporation into the Council’s Constitution.

RESOLVED that Cabinet –

(1)    approves the draft Protocol for Cabinet and Overview and Scrutiny roles, as set out in Appendix B to item A.7 of the Report of the Corporate Finance & Governance Portfolio Holder;

(2)    recommends the Protocol to both Overview and Scrutiny Committees for their agreement; and

(3)   recommends to Council that the Protocol be adopted for inclusion within Part 6 of the Council’s Constitution.

The Cabinet gave consideration to a detailed report of the Corporate Finance & Governance Portfolio Holder (A.7) which sought its approval for the draft Protocol for Cabinet and Overview and Scrutiny roles, which had been produced following consultation undertaken with the Chairmen of the relevant Committees and Portfolio Holders for recommendation onto the Overview and Scrutiny Committees and full Council for adoption and incorporation into the Council’s Constitution. 

It was reported that in May 2019, Statutory Guidance had been published by the Ministry of Housing, Communities & Local Government on Overview and Scrutiny in Local and Combined Authorities.  This Council, in operating a Leader and Executive Governance Model must have regard to it when exercising their functions and it should be followed unless there was a good reason not to in a particular case.

Section 2 of the Government’s Statutory Guidance referred to Culture and expressly stated:-

“The prevailing organisational culture, behaviours and attitudes of an authority will largely determine whether its scrutiny function succeeds or fails. 

While everyone in an authority can play a role in creating an environment conducive to effective scrutiny, it is important that this is led and owned by members, given their role in setting and maintaining the culture of an authority.

Creating a strong organisational culture supports scrutiny work that can add real value by, for example, improving policy-making and the efficient delivery of public services.  In contrast, low levels of support for and engagement with the scrutiny function often lead to poor quality and ill-focused work that serves to reinforce the perception that it is of little worth or relevance.

Members and senior officers should note that the performance of the scrutiny function is not just of interest to the authority itself. Its effectiveness, or lack thereof, is often considered by external bodies such as regulators and inspectors, and highlighted in public reports. Failures in scrutiny can therefore help to create a negative public image of the work of an authority as a whole.”

Cabinet was informed that the Guidance recommended an ‘executive-scrutiny protocol’ in order to help define the relationship between the two arms of the organisation, dealing with the practical expectations of scrutiny committee members and the Executive, as well as the cultural dynamics.  Councils should consider adopting a protocol with its formal integration into the Council’s constitution.

Members were aware that the Council already had strong measures in place to demonstrate the openness of Cabinet being held to account and had introduced some years ago that Group Leaders of all political groups would have the right to attend Cabinet meetings, and to speak on agenda items whilst not being able to vote.  The Terms of Reference of the Resources and Services Overview and Scrutiny Committee stated that the positions of its Chairman and Vice-Chairman would normally be taken by a Member of a political group not represented on the Cabinet.  Informal Group Leaders’ meetings were also held at which the Leader or Deputy Leader could share information in advance of going  ...  view the full minutes text for item 122