Agenda and minutes

RESOLVED that the minutes for the meeting held on 21 July 2009 are correctly recorded and that they be signed by the Chairman.

(1)    The Chairman explained that she had declared the item on the 21 July meeting agenda as urgent due to the timing of the Kent TV contract, the decision was taken on 15 July, not during Purdah as had been suggested.

(2)    The Chairman asked whether Members wished that the issues regarding the quality of information provided to Members and any disparity between the Officer Code of Conduct and the Member Code of Conduct be referred onto another Committee.  The Committee agreed to request that the Personnel Committee review the Officer and Member Code of Conduct with regard to situations where a potential conflict of interest, real or perceived is encountered. 

(3)    RESOLVED that:

1.      The Cabinet Scrutiny Committee request that the Personnel Committee review the Officer and Member Code of Conduct with regard to situations where a potential conflict of interest, real or perceived is encountered;

2.      The minutes for the meeting held on 5 August 2009 are correctly recorded and that they be signed by the Chairman. 

(1)   Mrs Taylor would follow up the report back on the Managing Motorways and Trunk Roads contract and the future of communications seminar previous requested by the Committee. 

(2)   Mr Parry supported a visit to the IBM research facility in Hampshire and Mrs Taylor would liaise with Officers to follow this up.

(3)   Members were content with the information provided by Personnel in relation to previous queries.

(4)   In relation to the Freedom Pass, Members agreed that a letter be sent from the Chairman and Vice-chairmen of the Committee to the Cabinet Member and Officer setting out the previous comments of the Committee regarding the Freedom Pass and requesting that these be taken into account when the scheme is reviewed. 

(5)   RESOLVED that the report be noted subject to the above points.

(1)   Mr Sass referred to item 3 on the Budget IMG notes which referred to the SIMALTO methodology.  This was an online consultation tool that gave users information about current service provision and allowed users to consider and prioritise the options available to them.  The members of the Budget IMG had been supportive of the principle subject to further discussion around the timeframe.

(2)   Mrs Law and Mr Scholes had had experience of the SIMALTO system in their district authorities, where it worked well.  Members considered that the system should be piloted this year and that lessons could be learnt from Tunbridge Wells Borough Council and Canterbury City Council on the advantages and disadvantages of the system. 

(3)   RESOLVED that the Cabinet Scrutiny Committee endorse the recommendations of the Budget IMG and support the SIMALTO system, in principle, subject to further discussion regarding timescale and cost.

Mr A J King, Deputy Leader and Cabinet Member for Localism and Partnerships, and Mr P D Wickenden, Overview, Scrutiny and Localism Manager, will attend the meeting from 10.15 am to 11.00 am to answer Members’ questions on this item.

Mr A J King MBE, Deputy Leader of the Council and Mr P Wickenden, Overview, Scrutiny and Localism Manager were present for this item.

(1)   Mr A King introduced the report on the potential to refocus and restructure the Overview and Scrutiny function.  The report had previously been considered by the Policy Overview Co-ordinating Committee and 4 other Policy Overview Committees and the notes of those meetings had been tabled for Members’ information.  Mr King reminded Members that the Cabinet Scrutiny Committee (CSC) had a specific purpose; to review the decisions of Cabinet and Cabinet Members and the Policy Overview Committees (POCs) had a role in challenging service delivery and policy development.  There was a statutory requirement to have a Committee with the power to ‘call-in’ decisions and there was an important relationship between the CSC and the POCs.  The agenda for the 15 October Council Council meeting would include a recommendation from Cabinet drawing on all the discussions had relating to the potential to refocus and restructure the O&S function.

(2)   Mr Kite explained that there was a danger in some authorities of scrutiny being corrosive and divisive and there was no room for a scrutiny committee to be a constant critic of Council business.  There was a ‘family’ of decision making bodies working together for residents.  The end user should have a voice, through Members or through widening the publicity of scrutiny.   There was a possibility of asking for evidence for scrutiny reviews from residents so that Members were better informed of public perception when making decisions. 

(3)   Mr Hotson stated that the Council should be working more closely with the media and further opportunities to seek the views of services users should be explored.  Mr Brookbank highlighted the decline in popularity of traditional newspapers and the Council should concentrate on new technology to engage residents. 

(4)   Mr Parry stated that it was the role of the elected Member to articulate the views of the public, to identify areas of concern and bring them to the relevant Committee. 

(5)   The Chairman identified the Forward Plan as an area for improvement to enable overview and scrutiny activity to be better planned, resourced and delivered.

(6)   Members discussed the role of Local Boards in scrutiny; they were very effective as a means of learning about public views.  Mr Wickenden gave an example of an area issue being raised and discussed in a neighbourhood forum in Dover which was then taken up and scrutinised by Dover District Council’s Overview and Scrutiny Committee.  Neighbourhood Forums were an effective way of ensuring that the public and voluntary organisations were able to express their views. 

(7)   Members were divided in relation to the effectiveness of petitions.

(8)   Select Committees were favoured by Members of the Committee as a positive way of reviewing topics of concern.  However reports could become too aspirational and unachievable and one Member requested more review of select committee reports before they were submitted to  ...  view the full minutes text for item 17.

Mr A J King, Deputy Leader of the Council and Cabinet Member for Localism and Partnerships; Mr Paul Wickenden, Overview, Scrutiny and Localism Manager; and Mr EdwardThomas, Policy Officer, will attend the meeting from 11.00 am and 11.30 am to aid Members' understanding of the consultation response.

Mr A J King MBE, Deputy Leader, Mr P Wickenden, Overview, Scrutiny and Localism Manager and Mr E Thomas, Policy Officer were present for this item

(1)   Mr King explained that he had expected the discussion on the consultation response which was had at the Policy Overview Co-ordinating Committee would have been sufficient, however the response had not yet been signed off and therefore any points made by the Cabinet Scrutiny Committee would be considered. 

(2)   In response to a question from the Chairman regarding the ‘Power of General Competence’ and the ‘subsidiarity’ principle Mr Thomas clarified that the central-local Government balance needed to be enshrined in legislation to avoid confusion.  The ‘Power of General Competence was thought to be vague whereas the subsidiarity principle was more specific; decision making at the lowest appropriate level. 

(3)   Mr King explained that the significance of the paper was not necessarily in the immediate results but in the long term journey resulting in elected Members (particularly those in two tier authorities) having a real ability to make a difference.  There was an opportunity for elected Members to have a greater say across the provision of public services. 

(4)   Mr Kite referred to the Total Place Initiative and the benefits of service providers working together to improve services through efficiency savings and by removing duplication.  Members felt that the reference to the Total Place Initiative in the consultation response needed to be strengthened.

(5)   Mr Parry highlighted the worked undertaken by Parish and Town Councils (the third tier of local government) to represent the views of local people and their role in strengthening local democracy. 

(6)   Mr Christie referred to the inclusion of ‘top-tier’ in the third paragraph of the response to question 11.  Mr King agreed to remove the reference to ‘top-tier’. 

(7)   Mr King stated that the Council had to make as much of the circumstances as possible there was an opportunity to bring local authorities together, to rationalise agencies if the Total Place Initiative could save local authorities money then it would be a benefit. 

(8)   Mrs Dean raised concerns about the cost of the Total Place Initiative and whether the figures included were accurate and expressed concern that the Kent and Medway Fire and Rescue Authority had not been consulted, particularly in relation to question 9 of the document.

(9)   RESOLVED that the Cabinet Scrutiny Committee:

a.      Thank Mr King, Mr Wickenden and Mr Thomas for their helpful comments in relation to the consultation response.

b.      Request that the response relating to the Total Place Initiative be strengthened

c.      Request that a sentence be added supporting the work of the Parish and Town Councils and their role in strengthening local democracy

d.      Welcome Mr King’s offer to remove the word ‘top-tier’ from the end of the third paragraph in response to question 11.