Agenda item

The Council will receive a report on Cabinet or Portfolio Holder decisions taken as a matter of urgency in accordance with Access to Information Procedure Rule 17.4, Budget and Policy Framework Procedure Rule 6(b) and/or Overview and Scrutiny Procedure Rule 18(i).

In accordance with the requirements of Rule 16.2 of the Access to Information Procedure Rules and Rule 18(i) of the Overview and Scrutiny Procedure Rules, Council received a report from the Leader of the Council which notified Members of any recent Executive Decision(s) taken in the circumstances set out in Rule 15 of the Access to Information Procedure Rules and/or Rule 18(i) of the Overview and Scrutiny Procedure Rules.

(1)    Award of £4,200 to The Pharos Trust for Emergency Works regarding LV18

It was reported that, on 14 September 2018, in view of the urgency of the issue concerned and in accordance with Rule 18(i) of the Overview and Scrutiny Procedure Rules, the Finance and Corporate Services Portfolio Holder (Councillor G V Guglielmi) had sought and subsequently obtained the Chairman of the Resources and Services Overview and Scrutiny Committee’s (Councillor Stephenson) consent that his decision to award £4,200 to The Pharos Trust to support emergency works relating to LV18 be exempt from the call-in procedure.

Councillor Guglielmi’s decision had been as follows:

“To award £4,200 (funded from the Big Society budget) to The Pharos Trust to support emergency works to ensure that LV18 is relocated whilst vital dredging is carried out. Upon return the LV18 will continue as a public tourist attraction in Harwich run by volunteers.”

It had been felt at that time that any delay likely to be caused by the call-in process would have seriously prejudiced the Council’s and the public’s interest for the following reasons:-

“The LV18 was currently attached to its moorings via temporary measures and it was important to reduce the period of time that the ship was exposed to the associated risks. This ship also had to be moved in a timely manner to ensure that its berth could be dredged by the Harwich Haven Authority, who had made an offer to carry out the work free of charge once the ship had been moved.”

(2)    Participation in a revised Essex Business Rates Pool

It was further reported that, on 24 September 2018, in view of the urgency of the issue concerned and in accordance with Rule 18(i) of the Overview and Scrutiny Procedure Rules, the Finance and Corporate Services Portfolio Holder (Councillor G V Guglielmi) had sought and subsequently obtained the Chairman of the Resources and Services Overview and Scrutiny Committee’s (Councillor Stephenson) consent that his decision to agree the Council’s participation in a revised Essex business rates pool in 2019/2020 and to support an application to the Government to become a pilot area in the same year be taken using the ‘special urgency procedure and that it also be exempt from the call-in procedure.

Councillor Guglielmi’s decision had been as follows:

“(a)      the Council confirms its participation in an All Essex Business Rates Pool in 2019/20 and supports the application to the Government to become a pilot area in the same year;

(b)        subject to a) above, delegation be given to the Deputy Chief Executive to agree the final pooling agreement and application to become a pilot area in 2019/20;

(c)        subject to a) and b) above, delegation be given to the Deputy Chief Executive in consultation with the Portfolio Holder for Finance and Corporate Resources to withdraw from the pool / pilot if disadvantageous for the Council to remain a member.”

It had been felt that any delay likely to be caused by the call-in process and by not being allowed to use the special urgency process would have seriously prejudiced the Council’s and the public’s interest for the following reasons:-

“The application to form an Essex business rate pool and pilot for 2019/20 had to be submitted to the Government by 25 September 2018.”

Council noted the foregoing.