Agenda item

The Chairman of the Constitution Committee to submit the recommendations of the committee from its meeting held on 13 July 2009.           (Enclosure)

DECISION:

(1)   The Council’s existing Scrutiny Committee be designated the Council’s Crime and Disorder Overview and Scrutiny Committee in addition to its existing role on scrutiny generally, and that the Constitution be amended as follows:

Page 43 – clause 6.1 – Scrutiny Introduction

·        In respect of its duty under the crime and disorder legislation, the Committee may co-opt additional members to serve on the committee in accordance with s.3 of the Crime and Disorder (Overview and Scrutiny) regulations 2009.

Page 43 – clause 6.2 – Terms of Reference of the Scrutiny Committee

·        Discharge the functions of s.19 of the Police and Justice Act 2006 and the Crime and Disorder (Overview and Scrutiny) Regulations 2009.

Page 44 – clause 6.4

·        Shall meet to review or scrutinise decisions made, or other action taken, in connection with the discharge by the responsible authorities of their crime and disorder functions as the committee considers appropriate but no less than once in every twelve month period.

·        The Scrutiny Committee may co-opt additional members from those persons and bodies who are responsible authorities with the meaning of s.5 of the Crime and Disorder Act 1998, and from those persons and bodies with whom the responsible authorities have a duty to co-operate under section 5(2) of that Act (the “co-operating persons and bodies”) subject to the provisions set out in that regulation.

The provisions of the Scrutiny Committee Procedure Rules at page 183 of the Constitution to be amended to include the relevant provisions of the Crime and Disorder (Overview and Scrutiny) Regulations 2009.

(2)  To endorse the recommendation of the Constitution Committee that delegated authority not be granted to the Corporate Head of Sustainable Communities to undertake prosecutions for offences under Section 1 of the Protection from Eviction Act 1977.

The Chairman of the Constitution Committee presented the minutes from the committee meeting held on 13 July 2009 (copies of which had previously been circulated with the agenda) which contained two recommendations.  The first related to the designation of the Scrutiny Committee as the Council’s crime and disorder overview and scrutiny committee which would be an addition to its existing remit.  This recommendation had been subject to the comments of the scrutiny Committee who had subsequently supported the recommendation before the Council.  The Chairman therefore moved the recommendation which was seconded.  Members, noting this was a statutory requirement, supported the motion.  A member emphasised the importance of the scrutiny function and requested that it received the necessary support it required to meet its ever increasing workload. The recommendation was moved, seconded and carried following a vote.

The second recommendation concern the committee’s decision not to grant delegated authority to the Corporate Head of Sustainable Communities to undertake prosecution proceedings in respect of offences under section1 of the Protection from Eviction Act 1977.  The committee considered the existing mechanism of securing authority through the non key decision process was sufficient and should not be subject to further delegated authority.  The Chairman of the Committee moved the recommendation and it was seconded.

Before moving to the vote on the second recommendation, a member asked for clarification on the final paragraph of the minutes which made reference to a further report the Monitoring Officer had agreed to make to the committee about portfolio responsibility for corporate governance.

As the Monitoring Officer herself was not present at full Council, Councillor Harvey explained he had requested the officer to clarify under whose portfolio responsibility corporate governance fell.  The Chief Executive advised that this was an issue which needed clarification and would be reported back to the Constitution Committee in due course.  However, this paragraph was not relevant to the recommendations before the Council at this meeting.  Following this advice a vote was taken on the second recommendation and subsequently carried.