Agenda item

Report of the County Solicitor (CSO/18/22) on proposals for the establishment of a Joint Scrutiny Committee, to provide a strategic scrutiny function of the Local Enterprise Partnership, attached.

The Committee considered the Report of the County Solicitor (CSO/18/22) on proposals for the establishment of a Joint Scrutiny Committee, to provide a strategic scrutiny function of the Local Enterprise Partnership (LEP).

The Report highlighted the content of the Mary Ney report, Review of Local Enterprise Partnership Governance & Transparency, which had been published in October 2017 and the Committee noted the advice within that Report that Scrutiny arrangements should be in place to monitor decision-making and achievements of the Local Enterprise Partnership (LEP). There was no current legislative framework for elected Member Scrutiny, but statutory guidance was anticipated in the next few months.

On a local level, there was no collective local authority scrutiny arrangement in place for the HotSW LEP and the Annual Conversation process for the HotSW LEP with the Government identified them as not being compliant in relation to Scrutiny.  Future LEP funding from Government depended on the LEP having compliant local arrangements in place in conjunction with local authorities and Scrutiny was identified as a key area for improvement.

Mr Garcia, Chief Executive of the HotSW LEP therefore approached Somerset County Council (administrative authority for the LEP), with a formal request to urgently address the lack of compliant Scrutiny arrangements.

The Committee noted that other options had been considered such as LEP attendance at relevant existing Somerset County Council and Devon County Council Scrutiny Committees or using the HotSW Joint Committee, but neither option was considered sufficient by the Government.

The aim therefore was to develop a proposal for a formal joint LEP Scrutiny arrangement with Elected Members involved in the Scrutiny function, but independent of existing Scrutiny Committees, with a focus on strategic Scrutiny of the LEP and its strategies but ensuring there was no ‘removal’ of local scrutiny ‘rights’.

Officers from Devon County Council, Somerset County Council, Plymouth City Council and Torbay Council met and proposed potential terms of reference for how a joint Scrutiny Committee might work and on 30th May 2018, both Officers and Members from Devon County Council, Somerset County Council, Plymouth City Council, Torbay Council and West Somerset District Council held a meeting / review session at Devon County Council to consider and discuss the proposed terms of reference, the final version of which was attached at Appendix 1 to the Report.

The current proposals were light touch and appropriate in the absence of any such guidance, but of course may need to be revisited in light of the anticipated statutory guidance.

The Committee also noted that similar recommendations were being made to the other strategic authorities with direct representation on the proposed Joint Committee.   If the recommendations were agreed by the four Councils, invitations would be sent to the District Councils in both County areas to invite the appointment of district representatives in accordance with Appendix 1.  

It was MOVED by Councillor Hart, SECONDED by Councillor Hughes, and

RESOLVED

(a) that the implementation of a Joint Scrutiny function (Committee) for the Heart of the South West Local Enterprise Partnership (LEP) be approved and the Terms of Reference and Operating Procedures, as outlined in appendix 1, be endorsed, together with the required amendments to the Constitution, reflecting the new joint arrangements and Delegation of the Overview and Strategic Scrutiny of the LEP functions (as outlined in the roles, duties and responsibilities of appendix 1); and

(b) that Devon County Council becomes the host Authority to support the new Heart of the South West Local Enterprise Partnership (LEP) Joint Scrutiny Committee, which will operate under the Standing Orders of Devon County Council.