Agenda item

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 to Cabinet or other topics, which had proved particularly useful during the Council’s response to the COVID-19 pandemic.  The Chief Executive also held regular All Member Briefings, at which Portfolio Holders had presented ideas on early strategies and policies for discussion. Furthermore the Deputy Leader chaired a Constitution Review Working Party, whose membership was made up by almost all other political Groups of the Council

As previously requested by Cabinet, Senior Officers had produced a draft Protocol for Cabinet and Overview and Scrutiny roles for consultation with the Chairmen of the Overview and Scrutiny Committees and the Audit Committee and the Deputy Leader and the Portfolio Holder for Partnerships.  The Statutory Guidance had been considered in the production of the draft Protocol together with taking into account comments received through the consultation.

Cabinet was advised that the draft Protocol introduced a number of principles and how it applied between the roles of Cabinet and Overview and Scrutiny building upon a relationship of trust whilst both bodies were performing their statutory functions, acknowledging the inter-relationship with Audit too. It was designed to sit alongside the range of other commitments to openness and inclusiveness as described above.

 The draft Protocol set out how Policy Development Overview and Pre-Decision Scrutiny could work in addition to the traditional duty of holding the Cabinet to account. 

It was reported that Performance Measurement and reporting provided insight into whether value was being achieved and whether improvements were necessary, feasible and affordable.  The purpose of reporting general performance data to an Overview & Scrutiny Committee enabled scrutiny as to capturing the right level of data to support the delivery of services or priorities – and to make recommendations, if necessary.  In some instances further enquiry of an activity could be warranted and the Committee would decide how that work could be accommodated in its work programme.

In addition, through their respective work programmes the Overview and Scrutiny Committees would consider the Cabinet’s adopted priorities in support of the Council’s Corporate Plan, and areas of planned policy development over the relevant Municipal Year (and the next). They would also be requested to highlight any areas where overview & scrutiny might be specifically invited.  The draft Protocol also referred to how Overview & Scrutiny recommendations to the Cabinet would be dealt with including seeking further clarity if needed.

Cabinet was informed that some additional operational matters had been included for completeness in determining the relationship covering the responding to urgent items of Cabinet Business, Scrutiny Consideration of Confidential Decisions, Call-in and Councillor Call to Action which built upon the existing requirements within the Constitution.

Members were made aware that, with due regard to the Council’s Statement on Council development, training would be made available for Overview & Scrutiny Committee members, Cabinet Members and support Officers on the Protocol and elements referenced in it including work planning, budget scrutiny, using performance data and key lines of enquiry.

It was reported that, in the Overview & Scrutiny Annual Report submitted to Full Council each year there would be included a section demonstrating the impact of Overview & Scrutiny and the effectiveness of the Protocol.

Cabinet noted that all Members would be expected to adhere to the Protocol in their respective roles. Once it was formally adopted by Council, the Protocol would be incorporated within Part 6 of the Constitution.

Having considered the contents of the draft Protocol:-

It was moved by Councillor G V Guglielmi, seconded by Councillor Stock OBE and:-

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.