Agenda and draft 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
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COUNCILLOR MOTIN UZ ZAMAN (CHAIR) IN THE CHAIR
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ELECTION OF VICE-CHAIR FOR THE MUNICIPAL YEAR 2013/14 To receive nominations for the election of the Vice-Chair.
Minutes: The Chair, nominated Councillor Rachael Saunders, as Vice-Chair of the Overview & Scrutiny Committee for the Municipal Year 2013/14. Councillor Helal Uddin, seconded the nomination.
There being no other nominations it was: -
Resolved
That Councillor Rachael Saunders be elected to serve as Vice-Chair of the Overview & Scrutiny Committee for the Municipal Year 2013/14, or until a successor is appointed.
Action by: Angus Taylor (Principal Committee Officer, Democratic Services, CE’s)
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APOLOGIES FOR ABSENCE To receive any apologies for absence.
Minutes: Apologies for absence were received on behalf of: · Councillor Stephanie Eaton. · Frances Jones, One Tower Hamlets Service Manager, Corporate Strategy & Equality Service, Chief Executive’s. · Shibbir Ahmed, Strategy, Policy & Performance Officer, Corporate Strategy & Equality Service, Chief Executive’s
· Apologies for lateness were received on behalf of Councillor Sirajul Islam.
Noted
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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 Monitoring Officer.
Minutes: No declarations of Disclosable Pecuniary Interest or other declarations of interest were made.
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UNRESTRICTED MINUTES PDF 153 KB To confirm as a correct record of the proceedings the unrestricted minutes of the meeting of the Overview and Scrutiny Committee held on 7th May 2013.
Minutes: The Chair Moved and it was:-
Resolved
That the unrestricted minutes of the ordinary meeting of the Overview and Scrutiny Committee, held on 7th May 2013, be agreed as a correct record of the proceedings, and the Chair be authorised to sign them accordingly.
Action by: Angus Taylor (Principal Committee Officer, Democratic Services, CE’s)
Variation of Order of Business At this juncture the Chair informed OSC members that Councillor Sirajul Islam was present to introduce the Scrutiny Working Group report on Co-regulation and the Accountability of Registered Housing Providers (RP’s) [Agenda item 8.2]; however he had another meeting to attend this evening and had requested that the order of business be varied to allow OSC consideration of the report to be brought forward on the agenda. The Chair indicated that he considered it appropriate to accommodate this request as far as possible. Accordingly the Chair Moved and it was:-
Resolved
That the order of business be varied as follows: · Agenda Item 5.2 “Appointment of Scrutiny Lead Members, Co-options to Overview and Scrutiny Committee, Health Scrutiny Panel Terms of Reference and Appointments” be considered as the next business. · Agenda Item 8.2 “Scrutiny Working Group report - Co regulation and the Accountability of Registered Housing Providers (RP’s) – Report of the Scrutiny Working Group” be considered after Agenda Item 5.2. · Subsequently the proceedings be conducted as detailed in the order of business.
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OVERVIEW AND SCRUTINY PROCEDURAL MATTERS |
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To note the OSC Terms of Reference, Membership, Quorum, Dates of future meetings; and to agree a start time for scheduled OSC meetings in 2013/14. Also to adopt the protocols and note the guidance, to facilitate the conduct of OSC business, set out in the report. Additional documents:
Minutes: Please note that the order of business was varied by resolution of the OSC earlier in the proceedings in order to allow this item to be considered following Agenda Item 8.2 “Scrutiny Working Group report - Co regulation and the Accountability of Registered Housing Providers (RP’s) – Report of the Scrutiny Working Group”, however for ease of reference the OSC deliberations, and subsequent decisions taken, are set out below in the order detailed in the agenda.
Mr Angus Taylor, Principal Committee Officer, introduced and highlighted key points in the report, which: · Provided the Terms of Reference, Membership, Quorum and Dates of meetings of the OSC for the Municipal Year 2013/14 for the Committee’s information; · Set out protocols and guidance to facilitate the conduct of OSC business, for adoption by the OSC. · Requested the OSC to consider and agree a start time for scheduled OSC meetings during the remainder of 2013/14.
Mr David Galpin, Head of Legal Service (Community) subsequently gave a detailed PowerPoint presentation on the Overview and Scrutiny Framework highlighting points including: · Statutory and Constitutional framework. · General powers of OSC. · Process and powers relating to Call In. · Process and powers relating to Call In of Budget and Policy Framework matters. · Powers to invite/ require attendance of Members, Officers and others. · Access to information framework, process and powers for OSC · Health Scrutiny and Joint Health Scrutiny: statutory framework and powers. · Education functions: statutory requirements
A discussion followed which focused on the following points:- · Noted that in recent years the OSC had met at 7.00pm, and the former OSC Chair/ OSC members considered that this time had worked well for both OSC members and others attending. Consensus that a 7.00pm meeting start time would work well for the new OSC membership, and accordingly it was proposed that a 7.00pm start time be agreed for scheduled OSC meetings during the remainder of 2013/14 (with the exception of the 23 July meeting held during the holy month of Ramadan). · The Chair expressed the aspiration that scrutiny in LBTH be as effective as possible, and emphasised his desire to work positively with the Executive and senior officers to address key challenges for local people, thereby improving their quality of life. To that end, he requested recognition of the importance of the OSC’s role; and set out his expectation that Corporate Directors would attend OSC for Call In discussions and be present for agenda items relating to their Directorate. Corporate Directors could attend with relevant Service Heads or Managers where necessary, but whenever possible attendance at OSC should not be delegated to less senior managers. · Comment that at the previous OSC meeting [7 May 2013] the attendance of an Officer and Cabinet Member had been requested, to respond to any questions the OSC had regarding a ‘Call In’ of a Mayoral Decision, but the Officer had been stood down by the Cabinet Member. Accordingly clarification sought and given as to whether the OSC could oblige Officers and Members to attend OSC and whether ... view the full minutes text for item 5.1 |
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To appoint Scrutiny Lead Members and agree the co-optionof representatives in respect of education matters. Also to note the establishment of the Health Scrutiny Panel by Council with terms of reference and quorum as set out in the report, appoint members of the Health Scrutiny Panel for the Municipal Year 2013/14 and agree the co-optionof representatives thereto.
Minutes: Please note that the order of business was varied by resolution of the OSC earlier in the proceedings in order to allow this item to be considered following Agenda Item 4.0 “Unrestricted Minutes”, however for ease of reference the OSC deliberations, and subsequent decisions taken, are set out below in the order detailed in the agenda.
Mr Angus Taylor, Principal Committee Officer, introduced and highlighted key points in the report, which requested the OSC to: · Appoint Scrutiny Lead Members to Scrutiny Lead portfoliosfor 2013/14. · Agree the co-option of representatives to OSC for 2013/14. · Note the establishment of the Health Scrutiny Panel (HSP), by full Council, appoint its membership and also agree co-option of representatives to the HSP, for 2013/14. Mr Taylor additionally informed OSC members that: · Councillor Lesley Pavitt had replaced Councillor Whitelock as a deputy on HSP subsequent to the Labour Group nominations to the membership of the HSP at the Council AGM on 22nd May 2013. · Mr John Williams, Service Head Democratic Services, had advised that: in accordance with a full Council decision, of 21st September 2012, as part of the process for appointing HSP members/co-optees, the OSC was required to appoint LBTH representatives to the ‘Inner North East London Standing Joint Overview & Scrutiny Committee’ (INEL JOSC) for the Municipal Year 2013/14. LBTH could appoint 3 members (2 from Labour Group and 1 from Conservative Group) and these must be members of the HSP.
The Chair informed OSC members that he had Tabled a written Motion in relation to the recommendations set out in the report and taking account of the advice of the Service Head Democratic Services, a copy of which would be interleaved with the minutes. The Chair then formally Moved the written motion as tabled.
Councillor Amy Whitelock, formally Seconded the tabled written motion; and it was:-
Resolved
1. That Scrutiny Lead Members be appointed for Scrutiny Lead portfolios, for the Municipal Year 2013/14, as set out at Section 3 of the report and listed in the table below:
2. That co-option to the membership of the OSC, for the Municipal Year 2013/14, of representatives in respect of education matters, as set out at paragraphs 4.1 to 4.7 of the report and listed in the table below, be agreed:
3. That the establishment of the Health Scrutiny Panel by full Council, to discharge the Council’s functions under the National Health Service ... view the full minutes text for item 5.2 |
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REQUESTS TO SUBMIT PETITIONS To receive any petitions (to be notified at the meeting).
Minutes: There were no petitions.
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UNRESTRICTED REPORTS 'CALLED IN' No decisions of the Mayor in Cabinet (8th May 2013) in respect of unrestricted reports on the agenda were ‘called in’.
Minutes: No decisions of the Mayor in Cabinet on 8th May 2013 had been “called in”.
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UNRESTRICTED REPORTS FOR CONSIDERATION |
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Executive Response to questions relating to budget virement decisions PDF 74 KB To note the response of the Executive to reports containing the advice of the Monitoring Officer and Chief Finance Officer in relation to Mayoral Decision Log No: 021 - Budget Implementation 2013/14 (No 1) (virements to fund East End Life) and Mayoral Decision Log No: 022 - Budget Implementation 2013/14 (No2) (virements to fund Mayoral Advisors).
Additional documents:
Minutes: The Chair Moved the recommendation as set out in the report, and it was:-
Resolved
That the Executive response to reports attached at appendices 1 and 2 to the report be noted.
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To agree the report and recommendations arising from the Scrutiny Review.
Additional documents: Minutes: Please note that the order of business was varied by resolution of the OSC earlier in the proceedings in order to allow this item to be considered following Agenda Item 5.2 “Appointment of Scrutiny Lead Members, Co-options to Overview and Scrutiny Committee, Health Scrutiny Panel Terms of Reference and Appointments”, however for ease of reference the OSC deliberations, and subsequent decisions taken, are set out below in the order detailed in the agenda.
Councillor Sirajul Islam, Scrutiny Lead Member Development & Renewal 2012/13 and Chair of the Scrutiny Working Group (SWG) on Co-regulation and the Accountability of Registered Housing Providers (RP’s), introduced and highlighted key points in the SWG report, which set out the rationale, methodology, key findings and recommendations of the scrutiny review. The following points were highlighted: · Background to identification of this as a potential area for review, including abolition of the Tenants Services Authority and dilution of control under the Greater London Authority. Detailed reasons for the review were:
· Review Objective: Clearer understanding of how RPs are held to account and performance managed through co-regulation and how Members can support this framework. · Core Questions:
· Key Findings including: o The main gap and potential weakness of the co-regulation framework is that it was voluntary. The abolition of the Tenants Services Authority and the introduction of new national regulatory standards shifted responsibility for monitoring of Registered Providers (RPs) from the national regulator to local tenants. This meant it was difficult to know how well co-regulation was functioning in different RPs in the borough. Co-regulation arrangements had been adopted by all the Register Housing Providers (RPs) giving evidence to the scrutiny review. However implementation varied with some good practice, but also some areas for improvement. Most RPs engaged in the scrutiny review were positive about opportunities available through the new co-regulation process, and were keen to work together to strengthen their practice in this area.
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Use of the Regulation of Investigatory Powers Act 2000 PDF 74 KB To consider and comment on the information provided in the report.
Additional documents:
Minutes: Mr David Galpin, Head of Legal Services (Community), introduced and summarised key points in the report, which provided information concerning the Council’s authorisation of investigations under the Regulation of Investigatory Powers Act 2000 (RIPA). The Act recommended that elected Members had oversight of the Council’s use of its provisions. Mr Galpin additionally informed OSC members that there had recently been an independent inspection of the Council’s activities under the provisions of RIPA and initial feedback was generally positive; once the inspector’s report had been received he would report the outcome to OSC.
The Chair Moved and it was:-
Resolved
That the contents of the report be noted.
Action by: David Galpin (Head of Legal Services [Community], CE’s)
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Overview and Scrutiny Committee Work Programme 2013/14 (Oral Report) To receive an oral report and give initial consideration to the contents of the OSC Work Programme.
Minutes: Ms Louise Russell, Service Head Corporate Strategy & Equality, gave a detailed PowerPoint presentation on scrutiny policy work in 2012/13 and development of the OSC Work Programme in 2013/14 highlighting points as follows: · Scrutiny Policy work undertaken in 2012/13
· Developing the 2013/14 Work Programme
A short discussion followed focused on the following points: · Potential dates for the Work Programme development session were identified. The clerk was requested to canvass the availability of OSC members on these dates and confirm arrangements after consultation with the Chair. · The Chair indicated that he would be inviting the Mayor to the first Spotlight session at the next OSC meeting.
The Chair Moved and it was:-
Resolved
That the contents of the presentation be noted;
Action by: Angus Taylor (Principal Committee Officer, Democratic Services, CE’s) Daisy Beserve (Senior Strategy Policy & Performance Officer, Corporate Strategy & Equality Service, CE’s)
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PRE-DECISION SCRUTINY OF UNRESTRICTED CABINET PAPERS To consider and agree pre-decision scrutiny questions/comments to be presented to Cabinet.
Minutes: The Chair emphasised the importance of pre-decision scrutiny of decisions of the Mayor to be taken in Cabinet He also highlighted the process for submission of questions in advance of OSC for endorsement and onward presentation, by himself, to Cabinet, as set out at paragraph 4.6 of appendix 4 to the Terms of Reference report at Agenda Item 5.1.
No pre-decision questions submitted to the Mayor in Cabinet [05 June 2013].
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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: None.
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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.
SUMMARY OF EXEMPT PROCEEDINGS
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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 7th May 2013.
Minutes: Minutes of ordinary OSC 7th May 2013 approved.
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EXEMPT/ CONFIDENTIAL REPORTS 'CALLED IN' No decisions of the Mayor in Cabinet (8th May 2013) in respect of exempt/ confidential reports on the agenda were ‘called in’.
Minutes: Nil items.
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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.
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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.
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