Agenda item

So the Committee can review the report of the Corporate Finance & Governance Portfolio Holder to Cabinet in relation to the approval of the draft Protocol for Cabinet and Overview and Scrutiny roles, which has been produced following consultation undertaken with the Chairman 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 to the Committee 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 its 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 that:-

“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.”

The Committee heard that the Guidance recommended an ‘executive-scrutiny protocol’ which helped define the relationship between the two arms of the organisation, dealt with the practical expectations of scrutiny committee members and the Executive, as well as the cultural dynamics.  Councils should have considered adopting a protocol, e.g. through formal agreement at both scrutiny committees and Cabinet, then a formal integration into the Council’s constitution.

The Committee also heard that the Council already had strong measures in place to demonstrate the openness of Cabinet being held to account and had introduced some time ago that Group Leaders of all political groups would have the right to attend Cabinet meetings and speak on agenda items although they were not able to vote.  The Terms of Reference of the Resources and Services Overview and Scrutiny Committee stated that the position of its Chairman and Vice-Chairman would normally be a Member of a political group not represented on the Cabinet.  Informal Group Leaders meeting were also held at which the Leader or Deputy Leader could share information on matters in advance of their 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 Group, whose membership was made up by representatives of nearly all political Groups of the Council.

Members were informed that, as previously requested by Cabinet, Senior Officers had produced a draft Protocol for Cabinet and Overview and Scrutiny roles for consultation with Chairmen of the Overview and Scrutiny and Audit Committees, 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.

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, whilst acknowledging the inter-relationship with Audit. It was designed to sit alongside the range of other commitments to openness and inclusiveness as set out above.

The draft Protocol also set out how Policy Development Overview and Pre-Decision Scrutiny could work in addition to the traditional views of solely holding the Cabinet to account.  The importance of timely overview and scrutiny in budget setting and monitoring throughout the year showed how the process could add value, by reviewing whether the financial plans and strategies of the Council were sound and had taken into consideration all relevant factors.

The Committee heard how the Performance Measurement and reporting provided insight into whether value for taxpayers’ money had been achieved and whether improvements were necessary, feasible and affordable. Reporting general performance data to an Overview & Scrutiny Committee enabled scrutiny to capture the right level of data so they could support delivery of services or priorities – and could make recommendations, if necessary.  In some instances further enquiry of an activity could be warranted and the Committee would factor how that work could be accommodated in that Committee’s work programme.

The Committee also heard that through its individual work programme the Overview and Scrutiny Committees would consider the Cabinet’s adopted priorities in support of the Council’s Corporate Plan, areas of planned policy development over the relevant Municipal Year (and the next) would be provided and they would be asked to highlight any areas where overview & scrutiny could be specifically invited to assist in work (including Community Leadership areas).  The enquiries included within the work programme could be identified to add value to the Council as a whole and the District.  The allocation of enquires to specific Overview and Scrutiny Committees would be in accordance with their respective terms of reference.

It was reported to Members that the draft Protocol also referred to how Overview & Scrutiny recommendations to the Cabinet would be dealt with and included how to further clarity could be sought if needed.

Some additional operational matters had been included for completeness that determined the relationship that covered the response to urgent items of Cabinet Business, Scrutiny Consideration of Confidential Decisions, Call-in and Councillor Call to Action which built upon the requirements within the Constitution.

With due regard to the Council’s Statement on Councillor development, training would be made available for Overview & Scrutiny Committee members, Cabinet Members and support Officers on the Protocol and elements referenced in it that included work planning, budget scrutiny, performance data and key lines of enquiry. In the Overview & Scrutiny Annual Report submitted to Full Council each year there would be a section demonstrating the impact of Overview & Scrutiny and the effectiveness of the Protocol.

All Members were expected to adhere to the Protocol in their respective roles, and once formally adopted by Council, the Protocol would be incorporated within Part 6 of the Council’s Constitution.

After discussion it was moved by Councillor Clifton, seconded by Councillor Amos and RESOLVED that the Committee RECOMMENDS that:

·         Full Council approves the draft Protocol for Cabinet and Overview and Scrutiny roles, as set out in Appendix B to the Portfolio Holder’s report;

·         the adopted Protocol be incorporated within Part 6 of the Council’s Constitution; and

·         The Constitution Review Working Party revisits the Committee structure in due course.