Agenda and minutes
Venue: Room C1, 1st Floor, Town Hall, Mulberry Place, 5 Clove Crescent, London, E14 2BG
Contact: Angus Taylor, Democratic Services Tel: 020 7364 4333 E-mail: angus.taylor@towerhamlets.gov.uk
No. | Item |
---|---|
APOLOGIES FOR ABSENCE To receive any apologies for absence. Minutes: Apologies for absence were received from · Councillor Amy Whitelock-Gibbs · Councillor Fozol Miah · Mayor Lutfur Rahman · Aman Dalvi, Corporate Director Development and Renewal
The Chair Moved and it was
Resolved
That the apologies for absence be received and noted
Action by: Louise Fleming (Senior Committee Officer, Democratic Services, CE’s)
|
|
DECLARATIONS OF DISCLOSABLE PECUNIARY INTEREST PDF 56 KB To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992. See attached note from the Interim Monitoring Officer.
Minutes: No declarations of Disclosable Pecuniary Interest were made.
|
|
UNRESTRICTED MINUTES PDF 170 KB To confirm as a correct record of the proceedings the unrestricted minutes of the meeting of the Overview and Scrutiny Committee held on 3rd December 2013. ……….. Minutes: The Chair informed Members that · He had received no response to his request for information on the Mayor’s diary sheets and the subsequent Freedom of Information request. As no information had been forthcoming, he intended to formally request the information again. · He was disappointed that the Mayor had again given his apologies for the meeting and he intended to invite the Mayor to the next ordinary meeting of the Overview and Scrutiny Committee on 4th February 2014.
The Chair Moved and it was:-
RESOLVED
That the unrestricted minutes of the meeting of the Overview and Scrutiny Committee held on 3rd December 2014 be approved and signed by the Chair as a correct record of the proceedings.
|
|
REQUESTS TO SUBMIT PETITIONS To receive any petitions (to be notified at the meeting).
Minutes: No petitions were received.
|
|
UNRESTRICTED REPORTS 'CALLED IN' No decisions of the Mayor in Cabinet (4th December 2013) in respect of unrestricted reports on the agenda were ‘called in’.
To consider and adjudicate on the ‘Call In’ relating to the decision of the Mayor outside Cabinet – (Mayoral Executive Decision published on 3rd December 2013 and Called In on 10th December 2013) detailed at agenda item 5.1 below
Minutes: The clerk informed the Committee that: · No unrestricted decisions of the Mayor in Cabinet on 4th December 2013 had been “Called-in”. · One decision taken by the Mayor under his executive powers had been called in and would be considered at item 5.1.
|
|
Additional documents:
Minutes: The Committee considered the report entitled “Community Chest and Community Events Fund Round 4” as considered by the Mayor on Monday 2nd December 2013 (Mayoral Executive Decision published on Tuesday 3rd December 2013) and which had been “Called In” by Councillors Carlo Gibbs, Sirajul Islam, Khales Uddin Ahmed, Ann Jackson and Joshua Peck.This was in accordance with the provisions of Part Four Sections 16 and 17 of the Council’s Constitution.
The Chair explained the procedure for hearing a “Call-In” and invited Councillor Ann Jackson, representing the Councillors “Calling-In” the Mayor’s decision to present the reasons for the “Call-In”.
Councillor Jackson summarised the reasons for “calling in” the Mayoral Decision, outlining the key concerns of the “Call-in” Members, and setting out the action sought from the OSC as set out in the report and to address these as follows: · There was concern that following the decision to move £161,695 from Community Grants into the Community Events fund there would no longer be any community grants budget for the remainder of the year. However, there was now an unallocated events budget of almost £80,000 all to be spent between January and April 2014. There was concern about allocating an additional £80,000 budget for events in the months running up to the 2014 election without giving any real justification. There was also concern that the budget would be used for things not included in the Council’s overall budget considerations.
· The Mayor stated in his decision that “I have questioned four Community Chest funding applications where the proposed funding awards, as listed in Appendix 1 had negative comments originating from programme officers against them. Although officers may come to the view that an application is poor and/or that it should not receive funding, there are from time to time cases where, when taking account of wider circumstances, projects are worth supporting in the view of the perceived potential community benefits.” It was felt that Appendix 1 did not give the rationale behind the comments.
· The Mayoral Decision did not however state what factors he believed justified his decision was based on nor what differences with officer recommendations he had. It appears highly likely that what instead of actually carefully considering the impact of this grant funding the Mayor has just copied and pasted his previous mayoral decision notice as this decision is virtually identical to that made on the 19th June this year. We would ask that the O&S committee look into this and to ask the Mayor on what he based his decisions and why he has abdicated his responsibility to have informed and clear regard to the allocations of funding.
· To be sure of any discrepancies between the original officer advice and the final decision we would ask that the O&S Committee request all papers and assessments which went to the CGPB as well as the individual funding applications themselves to be sure they meet the relevant criteria for this fund.
· The latest round of Community ... view the full minutes text for item 5.1 |
|
SCRUTINY SPOTLIGHT - MAYOR To receive an oral presentation from Mayor Lutfur Rahman.
Minutes: The Scrutiny Spotlight did not proceed as Mayor Lutfur Rahman had been unable to attend.
The Chair advised that he would be seeking legal officers’ advice on whether it might be appropriate to invite opposition Members to Spotlight sessions in future. In response to a question regarding the provision in the Council’s Constitution to require the Mayor to attend meetings of the Committee, the Chair asked legal officers to look into the issue outside of the meeting.
Action by: David Galpin (Head of Legal Services Community)
|
|
UNRESTRICTED REPORTS FOR CONSIDERATION |
|
Reference from Council - Executive Mayor's Car PDF 91 KB To consider the information presented in the report together with any additional information requested by the OSC (3 December) and prepare a response for submission to Council.
Additional documents:
Minutes: The Chair Moved and it was:-
Resolved
Consideration of the item would be deferred to the next meeting of the Overview and Scrutiny Committee on 20th January 2014 to allow proper consideration of the additional information which had been tabled at the meeting.
Action by: Louise Fleming (Senior Democratic Services Officer)
|
|
Reference from Council - Watts Grove Depot Project and financial mechanisms for Dame Colet House and Poplar Baths projects - Draft OSC report to Council - To Follow To consider the information presented in the draft OSC report and endorse the findings/ recommendations contained therein for onward reporting to Council.
Minutes: The Committee was advised that no paper could be circulated prior to the meeting and therefore it was proposed to have an informal discussion with a view to reporting formally to the Council meeting on 22nd January 2014.
The Chair felt that it would be useful to have a discussion prior to Council. The final report would contain the Committee’s comments from previous discussions on this matter and read out some proposed recommendations for the report as follows: · The decision to use the model selected for the Watts Grove Depot redevelopment was flawed, and vulnerable to potentially foreseeable changed. The consequence of those decisions has seen the Council incur costs of approximately £308,000 (as of 5th November), and lose out on the opportunity to provide 149 affordable homes. A partnership with an RP would have been a better option, but to pursue this now would involve starting the full and costly procurement process again from the beginning. · Whilst the Mayor is entitled to make certain decisions in private, doing so makes it difficult to ascertain the full rationale for these, and for the Committee to discharge its functions (as was the case here). The Committee therefore believes that decisions such as these should be made in public unless absolutely necessary, and that where decisions are made in private, the Mayor should make himself available in person to justify his decision when requested by the Committee. · Related to the above, the Mayor and Cabinet Members should adhere to the Council Constitution and attend the Overview and Scrutiny Committee when they are required, rather than leaving officers to defend their decisions. The absence of the political leadership of the Council from meetings has obstructed the Committee from fully carrying out its role in scrutinising their decisions. · Where the Mayor rules out working with RSL partners on a project which is otherwise financially unviable he should justify his reasons for doing so. · The Cabinet Member responsible for housing should provide accurate figures when commenting on the number of homes built by the Council, so that Members and residents can be confident that these are reliable. · Cabinet members should be fully briefed and should have all the information they need before they attend meetings of the Committee, so that the Committee’s discussions, findings and recommendations are based upon the fullest and most accurate information possible. · Reports should be unrestricted in the interests of transparency, with exceptions for restricted papers only where absolutely necessary (such as commercially sensitive information). In this case, the Committee believes that more of the reports should have been unrestricted.
The Chair then asked Members for their comments on the proposed recommendations and they made the following comments: · The first recommendation be amended to read “…A partnership with an RP or another more economically viable model such as council housing, would have been a better option.” · The second paragraph be amended to reflect that where decisions must be made in private, the basis and rationale for these should be ... view the full minutes text for item 7.2 |
|
Elections 2014 update and Tower Hamlets Local Code of Conduct PDF 123 KB To consider and comment on the information provided in the report.
Additional documents: Minutes: SPECIAL CIRCUMSTANCES AND REASONS FOR URGENCY
The Committee was advised that Appendix B to the report had been marked to follow and had been circulated earlier and was tabled for Members’ consideration. The special circumstances and reasons for urgency associated with consideration of the appendix were set out on the front of the appendix as below:
“Part 5A of the Local Government Act 1972 provides for public access to meetings of principal councils and their non-executive committees and sub-committees, as well as to the business papers of those meetings. The Council’s Overview and Scrutiny Committee is covered by this public access regime by virtue of section 9FA(6)(a) of the Local Government Act 2000.
A key requirement of Part 5A of the Local Government Act 1972 is that the agenda and any report to be considered at a council or committee meeting should be available for inspection by members of the public five clear days before the meeting. There are exceptions where the meeting is called on shorter notice or an item is added late to the agenda. The apparent intention of the publication requirement is to enable public participation in local authority decision making.
Section 100B(3) of the Local Government Act 1972 provides that an item of business may not be considered at a council or committee meeting unless either –
· the item has been available for inspection for the required length of time; or · by reason of special circumstances, which shall be specified in the minutes, the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.
In this case, the principal report was published with the agenda five clear days in advance of the meeting. The report identified that further information would be forthcoming at a later date, which is contained within this appendix. As the information concerns work being done to prepare for the elections to take place on 22 May 2014 and no decision is being required by the Committee, the Chair of the Committee may take the view that it is appropriate to consider the additional information despite it not having been published five clear days in advance of the meeting.”
The Chair subsequently agreed the special circumstances and reasons for urgency, indicating that he was satisfied that the matter was urgent.
Mr John Williams (Service Head, Democratic Services) presented the report which provided · an interim update of actions being taken to ensure the integrity of electoral registration and the 2014 elections. · a draft Tower Hamlets Local Code of Conduct.
Mr Williams summarised the salient points in the report, outlining the key points for Members attention as follows. Ms Louise Stamp (Electoral Services Manager) was also present for this item. · Officers were meeting regularly with the Metropolitan Police and Scotland Yard, the Electoral Commission and other partners on electoral issues and the development of the Code of Conduct. · A number of existing procedures were in place to promote integrity of processes ... view the full minutes text for item 7.3 |
|
To receive a report on the financial position of the Council at the end of Quarter 2 2013/14 compared to Budget, and service performance against targets.
Additional documents:
Minutes: Councillor Alibor Choudhury, Cabinet Member for Resources, and Mr Chris Holme, Acting Corporate Director Resources, introduced and highlighted key points in the monitoring report which detailed the financial position of the Council at the end of Quarter 2 2013/14 compared to budget, and service performance against targets. Ms Louise Russell, Service Head, Corporate Strategy and Equalities was also present for this item.
A discussion followed making the following points: · Clarification was sought on whether any new spending would be proposed in addition to that already circulated with the Cabinet agenda. · Clarification was sought on the procedure for dealing with surplus buildings. · The Committee noted in particular that Central Income collection and the residential burglary rate had not met targets.
Mr Holme and Ms Russell responded to Members’ questions as follows: · There were very little resources for any new spending. However there would be a specific meeting of the Committee held on 20th January 2014 to discuss the budget. · An Asset Review was currently being undertaken and part of that would look at the disposals programmes. When the paper had been completed it would be shared with the Committee. · The Committee was assured that improvement plans were in place to address the targets not met.
The Chair Moved and it was:-
Resolved
1. That Quarter 2 performance for 2013/14 be noted; and
2. That the Council’s financial position as detailed in section 4 and Appendices 1-3 of the report, be noted.
Action by: Chris Holme, Acting Corporate Director Resources Louise Russell, Service Head Corporate Strategy and Equalities
|
|
General Fund Capital and Revenue Budgets and Medium Term Financial Plan 2014-2017 To consider the General Fund, Capital and Revenue Budgets and Medium Term Financial Plan 2014-2017 in accordance with the Council’s Budget and Policy Framework Procedure Rules.
OSC members are advised that the report and appendices concerning this item are to be circulated to them as a Supplemental Cabinet Agenda (08 January 2014) “Budget 2014/15 Document Pack”. Please bring the document pack to the meeting.
Minutes: The Chair proposed that a detailed discussion on the budget papers take place at the meeting of the Overview and Scrutiny Committee on 20th November 2014. However, he was clear that there should be a focus on long term protection of services, without the need to dip into the reserves.
The Chair then Moved and it was:-
Resolved
1. That the information in the report be noted; and
2. That a detailed discussion on the budget would take place at the next meeting of the Overview and Scrutiny Committee on 20th January 2014, subject to the comments.
Action by: Chris Holme, Acting Corporate Director Resources Louise Russell, Service Head Corporate Strategy and Equalities
|
|
VERBAL UPDATES FROM SCRUTINY LEADS To receive an oral update from each of the Scrutiny Lead Members.
Minutes: Nil items.
|
|
PRE-DECISION SCRUTINY OF UNRESTRICTED CABINET PAPERS To consider and agree pre-decision scrutiny questions/comments to be presented to Cabinet. Minutes: Nil items.
|
|
ANY OTHER UNRESTRICTED BUSINESS WHICH THE CHAIR CONSIDERS TO BE URGENT To consider any other unrestricted business that the Chair considers to be urgent.
Minutes: Nil items.
|
|
EXCLUSION OF THE PRESS AND PUBLIC In view of the contents of the remaining items on the agenda the Committee is recommended to adopt the following motion:
“That, under the provisions of Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded from the remainder of the meeting for the consideration of the Section Two business on the grounds that it contains information defined as Exempt in Part 1 of Schedule 12A to the Local Government Act, 1972.”
EXEMPT/CONFIDENTIAL SECTION (Pink Papers)
The exempt committee papers in the agenda will contain information, which is commercially, legally or personally sensitive and should not be divulged to third parties. If you do not wish to retain these papers after the meeting, please hand them to the Committee Officer present. Minutes: The Chair Moved and it was: -
Resolved:
That in accordance with the provisions of Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded from the remainder of the meeting for the consideration of the Section Two business on the grounds that it contained information defined as exempt or confidential in Part 1 of Schedule 12A to the Local Government, Act 1972.
|
|
EXEMPT/ CONFIDENTIAL MINUTES To confirm as a correct record of the proceedings the exempt/ confidential minutes of the meeting of the Overview and Scrutiny Committee held on 3rd December 2013.
Minutes: The Chair Moved and it was:-
RESOLVED
That the restricted minutes of the meeting of the Overview and Scrutiny Committee held on 3rd December 2013 be approved and signed by the Chair as a correct record of the proceedings.
|
|
EXEMPT/ CONFIDENTIAL REPORTS 'CALLED IN' There were no decisions of the Mayor in Cabinet (4th December 2013) in respect of exempt/ confidential reports on the agenda, and therefore none eligible for ‘Call In’.
Whether any recent exempt/ confidentialdecisions of the Mayor outside Cabinet, taken under executive powers, were “Called In” will be notified at the meeting.
Minutes: Nil items.
|
|
PRE-DECISION SCRUTINY OF EXEMPT/ CONFIDENTIAL) CABINET PAPERS To consider and agree pre-decision scrutiny questions/comments to be presented to Cabinet.
Minutes: Nil items.
|
|
ANY OTHER EXEMPT/ CONFIDENTIAL BUSINESS THAT THE CHAIR CONSIDERS URGENT To consider any other exempt/ confidential business that the Chair considers to be urgent.
Minutes: Nil items.
|