Overview and Scrutiny Committee - 14 July 2008

Present at the meeting

  • Councillor M Aldred (Chairman)
  • Councillor J Miller (Vice Chairman)
  • Councillor J Moodie (Vice Chairman)
  • Councillor J S Birch
  • Councillor Mrs B Bourne
  • Councillor G M Bretherton
  • Councillor M A Dewhurst
  • Councillor B J Fagan
  • Councillor G W Fairhurst
  • Councillor Ms P L Holland
  • Councillor Mrs J Hurst
  • Councillor M Klieve
  • Councillor C Rigby
  • Councillor R T Splaine
  • Councillor P Thompson
  • Councillor P A Tushingham
  • Councillor Mrs M J Whiteside

Co-opted Members

  • Rev R Moore
  • Mr B Turrell

32 Apologies for absence: Councillors H L Cadman, R J Derricutt, F B Walker, N R Whittingham and G Wilkes and Mr D Barber and Rev R Buckley

33 Minutes: The minutes of the meeting of this Committee held on 16 June 2008 were approved as a correct record.

34 Exclusion of the public - section 100a Local Government Act 1972: Resolved: The public is excluded from the meeting when the Committee discusses the following item for the reasons set out below:-

Agenda item no 

 Title of report  Minute no  Description of exempt information by reference to the paragraph number in schedue 12A of the Local Government Act 1972
 E.1  New Building Schools for the future (BSF) Pathfinder, Abraham Guest High School – delegated approval of agreed maximum price (AMP).  46  3 (Information about the financial or business affairs of any person or organisation, including the council)

35 Whipping declarations: The Service Director – Borough Solicitor reminded the Committee that government guidance expected Members of Overview and Scrutiny Committees not to act in accordance with party whipping and that, if they did, they were to declare it.

There were no declarations made.

36 Report of the Audit Commission – Land at Westwood Park: The Committee considered a report which informed Members of the report issued by the Audit Commission in relation to land at Westwood Park. Whilst the report concluded that there were no issues that the Audit Commission wished to raise on the decision to develop Westwood Park or on the level of support offered to Elected Members, it did comment on areas where the Council’s procedures could be improved. These related to the following:-

  •  the content of press releases in advance of decisions being made;
  • some inconsistency in the procedural rules in relation to call ins by this Committee; and
  •  a possible clearer approach to dealing with complaints.

The Cabinet would consider the report on 7 August 2008.

Members asked questions and commented on the report.

Resolved: The Committee endorses the report so far as this Committee is concerned.

37 Routes to involvement, a new approach to engagement: The Committee considered a report on the work undertaken to date in developing a new approach to engagement for Wigan Council. This concentrated on practical tools for engagement and on refreshing existing practices. The work was necessary as part of the corporate approach to achieving Level Three of the Equality Standard for Local Government (ESLG), a key target for 2008.

The Cabinet would consider the report on 24 July 2008.

Resolved: The Committee notes the progress to date in developing a new engagement approach for the Council and endorses the future phases outlined in the report.

(The Vice Chairman (Councillor J Miller) declared a personal and non prejudicial interest in this item because he is joint Chair of a township).

38 Community cohesion – embracing change: The Committee considered a report on the recent work associated with the development of a new Local Strategic Partnership framework for community cohesion in the borough.

The Cabinet would consider the report on 24 July 2008.

Members asked questions on the report and suggested that they be briefed at an earlier stage than the report proposed.

Resolved: The Committee endorses the approach as set out in the report, but requested that an Elected Member briefing be held at an earlier stage in the process.

(Councillor P Thompson declared a personal and non prejudicial interest in this item because he has eastern European employees working for him).

39 Health Select Committee – annual report: The Committee considered a report on the key areas of activity from the Health Select Committee for 2007/08 and referred to the range of topics to be considered by the Select Committee during the forthcoming months.

Members commented on the report and on previous reviews.

Resolved: The Committee:-

  •  notes the report now submitted and awaits regular updates; and
  •  thanks the Chairman, Members and Officers associated with the Health Select Committee for the commitment shown.

(Councillor P A Tushingham declared a personal and non prejudicial interest in this item because his son works as a dentist).

40 Annual report on the work of the Committee: The Committee considered a report that detailed the activities of the Overview and Scrutiny Committee in 2007/08.

The Council had considered the report at minute 25 (f).

Resolved: The Committee notes the content of the report and the range of work undertaken and thanks the Members and officers concerned for their contributions.

41 Review of Advisory Panels and Overview and Scrutiny Select Committees: The Committee considered a joint report which sought Members’ views on a proposed review of the roles of the Advisory Panels and the Overview and Scrutiny Select Committees, which would come into effect for the Municipal Year 2009/10.

The Cabinet had considered the report at minute 36.

Members asked questions on the report and referred in particular to the remit of the proposed Scrutiny Committees. They suggested that the scope of the Environment Committee appeared large, requested information on the work plans, the allocation of work to each Committee and the number of meetings per cycle.

Resolved: The Committee:

  •  endorses the proposals set out in the report now submitted, subject to the inclusion of the comments made by Members at the meeting;
  •  awaits a further report; and
  •  suggests that a Members Seminar be arranged once the views of Cabinet, Committees and Panels are known.

(Councillor Mrs M J Whiteside declared a personal and non prejudicial interest in this item because she is a Member of the Wigan and Leigh Homes Board).

42 Townships and participation in decision making: The Committee considered a report on the progress which had been made in developing new ways of working in partnership with local people in communities. The report also informed Members of developments in this area and set out proposals on how the Council and its partners could develop ways of working in the future. A Members Seminar had been arranged for the 20 August 2008.

The Cabinet had considered the report at minute 36.

Resolved: The Committee endorses the proposals set out in the report now submitted.

43 Select Committee Memberships and political balance rules: Further to minute 29, June 2008, the Committee considered a report, which sought to clarify the Select Committee memberships and the application of political balance rules for the Health Select Committee because of its wider role and its links with regional scrutiny (Article 6.05 of the Council’s Constitution refers).

It was noted that agendas and minutes would still be prepared for Select Committees 1 – 3 even though they would be operating on an informal basis.

Resolved: (1) The Committee:-

pproves the Health Select Committee operating on a formal basis and therefore its composition remains as follows:-

   Health Scrutiny
 Labour  5
 Democratic Alliance  1
 Conservative  1
 Independent Councillor Group  1
 Independent Conservative Group  1
Total 9

Councillor M W Winstanley be invited as and when necessary.

• approves the revised Select Committee memberships as follows:-

Select Committee 1 PACT

Select Committee 2 Recycling

Select Committee 3 Tendering

Health Scrutiny

Lab

Cllr J S Birch

(Chair)

Cllr M Aldred

Cllr Mrs B Bourne

Cllr M Klieve

Cllr P L Holland

Cllr J Moodie

Cllr F B Walker

(Chair)

Cllr Mrs M J Whiteside

(Chair)

Cllr Mrs B Bourne

Cllr G M

Bretherton

(Chair)

Cllr M A Dewhurst

Cllr P L Holland

Cllr Mrs J Hurst

Cllr C Rigby

Dem

/All

Cllr P A Tushingham

Cllr B J Fagan

Cllr R J Derricutt

Cllr J Miller

Cllr B J Fagan

Cllr B J Fagan

Cons

Cllr P Thompson

Cllr N R Whittingham

Cllr H L Cadman

Vacant

Ind Cllr Grp

Cllr R T Splaine

Cllr G Wilkes

Cllr G Wilkes

Vacant

Ind Con Grp

-

Cllr G W Fairhurst

Cllr G W Fairhurst

Vacant

Co-opted Member

-

Mr B Turrell

Rev Deacon R Moore

Councillor M W Winstanley

44 Questions (if any) on the Business of the Cabinet: There were none.

45 Questions (if any) on the business of the forward plan – monthly update: There were none.

46 New Building Schools for the future, Pathfinder, Abraham Guest High School - delegated approval of Agreed Maximum Price (AMP): The following key decision taken by an officer at 09/08 had been called in by Councillor G W Fairhurst with the support of Councillors R J Derricutt, B J Fagan, J Miller, P Thompson, P A Tushingham and G Wilkes:-

Having considered a report concerning the project to establish the new BSF Pathfinder, Abraham Guest High School and after consulting the (Executive Leader and/or the Cabinet Champion for Childrens Services), I made the following Executive Decision:

To approve the negotiated AMP £17,825,757 within the out-turn figure of £22,814,000 and grant budget release from the BSF Pathfinder Grant.

Since this is an Executive Key Decision, the decision will come into force, and may then be implemented, on the expiry of five working days after the publication of the decision i.e. 9/7/2008, unless the Overview and Scrutiny Committee objects to it and calls it in.

Date of decision: 30/6/2008

Date of publication: 1/7/2008

The Service Director – Borough Solicitor advised Members of the options open to them within the Call In rules. He confirmed that as the key decision was not inconsistent with the Budget and not contrary to the Policy Framework, the Council could not override the decision taken 30 June 2008.

Councillor G W Fairhurst had stated that the reasons for calling in the executive was as follows:

some concerns, but no hard evidence on this matter.

Councillor J Miller had stated that he had supported the following reason for the call in:

the size and complexity of the project means that it needs to undergo through scrutiny. For example the expected spend is around £22m and looking at the appendices then a number of the estimates for the work have already been increased. Also looking at the Council website it looks like the publicity for the project has started.

Councillor P Thompson stated that he wished to withdraw his support for the call in, because his questions had previously been answered by the Officers concerned.

The Committee referred to the report of the Director of Children and Young People’s Services which had been considered by Cabinet at minute 252, December 2007 refers.

The Director of Children and Young People’s Services was called as a witness and was present to give the background to the report and answer questions, together with the Service Director, Children and Young People’s Services.

The Service Director – Corporate Services, Business Support Services was called to give evidence of a financial nature.

Members then questioned the witnesses at this point.

Concern was expressed that price of the scheme had increased from £17,825,757 to £22,814,000 and the Service Director – Corporate Services, Business Support Services confirmed that this figure was within budget and included elements for construction and furniture.

Resolved: The Committee accepts the executive decision taken by the Director of Children and Young People’s Services on 30 June 2008.

Chairman

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