No apologies for absence were received at the meeting.

Members are reminded to consider the categories of interest in the Code of Conduct for Members to determine whether they have an interest in any agenda item and any action they should take. For further details, please see the attached note from the Monitoring Officer.

Members are reminded to declare the nature of the interest and the agenda item it relates to. Please note that ultimately it’s the Members’ responsibility to declare any interests form and to update their register of interest form as required by the Code.

If in doubt as to the nature of your interest, you are advised to seek advice prior to the meeting by contacting the Monitoring Officer or Democratic Services

The following Members for transparency declared a potential interest in relation to Item 9 Pre-Decision Scrutiny Questions:

1. Councillor Marc Francis due to his wife Councillor Rachel Blake being the Deputy Mayor and Cabinet Member for Adults, Health and Wellbeing; and
2. Councillor Ehtasham Haque due to wife Councillor Sabina Akhtar being the Cabinet Member for Culture, Arts and Brexit.

To confirm as a correct record of the proceedings the unrestricted minutes of the meetings of the Overview and Scrutiny Committee

The Chair Moved and it was:-

RESOLVED

That the unrestricted minutes of the meeting of the Overview and Scrutiny Committee held on 26th April 2021 be approved as a correct record of the proceedings and the Chair was authorised to sign them accordingly.

To receive any petitions (to be notified at the meeting).

Nil items

The Committee is asked to note the Cabinets Forward Plan.

Noted

The Committee noted that the Cabinet on 24^th March 2021 had considered a report from the Black, Asian & Minority Ethnic (BAME) Inequalities Commission and had RThe Committee received a report regarding the establishment of the Scrutiny Sub-Committees and Appointment of Members to those Sub-Committees.

As a result of discussions on the report the Chair moved and it was RESOLVED:

1. That the appointment of the Vice-Chair of the Committee should be deferred to a future meeting.
2. That the Scrutiny Lead for:

a)   Children & Education would be Councillor Bex White.

b)   Health & Adults would be Councillor Gabriela Salva-Macallan.

c)    Housing & Regeneration would be Councillor Ehtasham Haque.

d)   Resources & Finance would be Councillor Leema Omar Qureshi; and

e)   Community Safety & Environment would be Councillor Faroque Ahmed.

3. To note that establishment of the scrutiny sub-committees as set out in the report.
4. To approve the nominations for members for the scrutiny sub-committees.
5. To note the terms of reference of the Committee and agree the terms of reference for the scrutiny sub committees as set out in the report; and
6. To note the co-optee requirements for education in accordance with legislation, as set out in the report and the wider co-option arrangements for scrutiny at Tower Hamlets, as set out in the report.

ESOLVED to note the work that the Commission has undertaken during the four-month period and agreed the recommendations as set out in the report.  This decision however had been ‘Called-In’ by Councillor Puru Miah (signed also by Councillors Peter Gold; Rabina Khan; Harun Miah and Andrew Wood).  The main points raised as result of the questioning may be summarised as follows:

The Committee noted the:

1.    Cabinet report,

2.    Cabinet Decision of the 24^th March 2021

3.    “call in” requisition from the Call-in Members,

4.    representations by the Call-in Members, and

5.    representations by the Executive.

Summary of the Call-in:

The Committee:

v  Noted that the Call-In Members had made two proposals (i) for Mayor and Cabinet not to just note the report, but instead to have it translated into community languages and produced in a non-digital format which should then be distributed in places like Ideas stores and GP surgeries. Then put out to further consultation for a six-month period; and (ii) for an independent panel to be formed to investigate the allegations of racial discrimination made to the Commission and for the panel to report its finding to the full council.

v  Observed that the decision was considered by the Call-In Members to be in breach of Tower Hamlets Council’s common law duty and statutory duties under the law.  As when the BAME Inequalities Report had been launched in October 2020, one of its stated aims had been to “engage and operate at the heart of the LBTH communities to hear about people’s lived experience and solutions, specifically Black, Asian and Minority Ethnic women and young people who experience higher levels of inequality”.  Therefore, the Call-In Members felt that residents had a legitimate expectation for the  ...  view the full minutes text for item 6.

The Committee noted that the Cabinet on 24^th March 2021 had considered a report from the Black, Asian & Minority Ethnic (BAME) Inequalities Commission and had RESOLVED to note the work that the Commission has undertaken during the four-month period and agreed the recommendations as set out in the report.  This decision however had been ‘Called-In’ by Councillor Puru Miah (signed also by Councillors Peter Gold; Rabina Khan; Harun Miah and Andrew Wood).  The main points raised as result of the questioning may be summarised as follows:

The Committee noted the:

1.    Cabinet report,

2.    Cabinet Decision of the 24^th March 2021

3.    “call in” requisition from the Call-in Members,

4.    representations by the Call-in Members, and

5.    representations by the Executive.

In addition, it was noted that in accordance with the OSC Protocols and Guidance adopted by the Committee at its meeting on 4th June 2013, any Committee Member(s) who present(s) the “Call In” is (are) not eligible to participate in the general debate.

Summary of the Call-in:

The Committee:

v  Noted that the Call-In Members had made two proposals (i) for Mayor and Cabinet not to just note the report, but instead to have it translated into community languages and produced in a non-digital format which should then be distributed in places like Ideas stores and GP surgeries. Then put out to further consultation for a six-month period; and (ii) for an independent panel to be formed to investigate the allegations of racial discrimination made to the Commission and for the panel to report its finding to the full council.

v  Observed that the decision was considered by the Call-In Members to be in breach of Tower Hamlets Council’s common law duty and statutory duties under the law.  As when the BAME Inequalities Report had been launched in October 2020, one of its stated aims had been to “engage and operate at the heart of the LBTH communities to hear about people’s lived experience and solutions, specifically Black, Asian and Minority Ethnic women and young people who experience higher levels of inequality”.  Therefore, the Call-In Members felt that residents had a legitimate expectation for the Council to keep its promise and to consult them fairly, or allow BAME residents, the proper means to engage with the Commission.

v  Noted that the Call-In Members felt that the Council had breached its statutory duties, in particular, the Public Sector Equalities Duty as set out in s.149 of the Equalities Act 2010.  This was by inadequately providing the means for BAME residents to engage with the commission and consultation, the Council had therefore failed in its Public Sector Equalities Duties.  As the Council in its consultation and engagement with the Commission and report had apparently failed to give due regards to the needs of BAME residents.

v  Noted that the Call-In Members considered that the decision to note the report within a week of its publication by the Mayor and Cabinet, when adequately not enabling BAME residents to engage with  ...  view the full minutes text for item 7.1

To follow

To follow

To consider and agree pre-decision scrutiny questions/comments to be presented to Cabinet.

(Time allocated – 30 minutes).

Following comments by the Committee the Pre-Decision Scrutiny Questions (PDSQ) were agreed for submission to the Cabinet on the 26^th May 2021 (See attached appendix).

To consider any other unrestricted business that the Chair considers to be urgent.

Nil items

As the agenda circulated contained no exempt/ confidential reports and

there was therefore no requirement to exclude the press and public to allow

for its consideration.

To consider and agree pre-decision scrutiny questions/comments to be presented to Cabinet.

(Time allocated 15 minutes).

Nil item

To consider any other exempt/ confidential business that the Chair considers to be urgent.

Nil items