Present:-

Councillors Channon (Chairman), Connett, Dempster, Hart, Hughes, Julian, Owen, Vint, Way and Westlake

Members attending in accordance with Standing Order 8:-

Councillors Croad and Wright

*53 Minutes

RESOLVED that the minutes of the meeting held on 21 October 2015 be signed as a correct record.

*54 Chairman s Announcements

The Chairman welcomed Mrs Saltmarsh who was attending the meeting in her capacity as a Co-opted Member of the Council's Standards Committee to observe and monitor compliance with the Council s ethical governance framework.

*55 Matters of Urgency

There was no item raised as a matter of urgency.

56 Members Allowances: Report of the Independent Remuneration Panel

The Committee considered the Report (CS/16/11 - supplementary information CS/16/11) of the Independent Members Allowances Remuneration Panel for 2016. Mr B Tanner, the Chairman of the Panel, attended and spoke at the invitation of the Committee to present the Panel s Annual Report and respond to questions from Members.

Members welcomed the Panel s acknowledgment that the structure of the County Council s scheme remained fit for purpose with sound principles and noted that, in commending it to the Council, the Panel had not suggested any significant amendments to the basic structure of the Council s scheme.

The Panel had nonetheless recommended a number of minor amendments to the Scheme in support of their view that allowances should keep pace with the economy generally and that, accordingly, consideration should be given to increasing the Basic Allowance in line with any Local Government Pay Award to employees and, recognising the difficulties in attracting and retaining suitable candidates, also suggested some uprating of basic and special responsibility allowances from May 2017 onwards, as set out in Appendix 1 of the Report.

Members noted that there was no proposal in the Council s draft budget for 2016/17 to increase Members Allowances in line with any pay award in that year.

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

RESOLVED

(a) that the Report of the Independent Panel be welcomed and its Members be thanked for their work;

(b) that the Committee:

(i) welcomes the Panel s view that the Council s current scheme of allowances and existing multipliers was reasonable and had been carefully thought out;

(ii) acknowledge the Panel s view that current procedures for performance management could be strengthened and invite Group Leaders take a more robust approach to the performance management of their Members;

(c) that the Committee notes the Report s conclusions and recommends to the County Council that no change be made to the current scheme at this time but that the Panel s recommendations for changes to the Scheme from May 2017 onward be referred to the Corporate Services Scrutiny Committee for its views and report back to this Committee prior to any formal recommendation to the Council;

(d) that the Committee place on record its appreciation of the efforts of Mr Patrick Egan (deceased) a former member of the Panel, for his contribution to the work of the Panel over a number of years.

57 Constitutional Matters

(a) Proposed winding-up of the Devon Authorities Waste Reduction and Recycling Committee and establishment of a new Strategic Waste Management Joint Committee

(Councillor Croad attended in accordance with Standing Order 25(2) and spoke to this item at the invitation of the Committee).

The Cabinet considered the Report of the Head of Highways, Capital Development and Waste (HCW/16/9 - text only | pdf HCW/16/9) on the proposal to wind-up the Devon Authorities Waste Reduction and Recycling Committee and replace it with a new strategic waste management joint committee in line with arrangements previously endorsed by the Cabinet on 11 November 2015 (Minute 430 refers) and subject to all partner authorities likewise agreeing so to do.

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

RESOLVED

(i) that the County Council be recommended to approve the winding-up of the Devon Authorities Waste Reduction and Recycling Committee with immediate effect and the establishment at the Council s Annual Meeting in 2016 of a new Devon Authorities Strategic Waste (Joint) Committee with the proposed membership, operating rules and terms of reference set out in Report HCW/16/9 - text only | pdf HCW/16/9; acknowledging the assurance given by the Cabinet Member that the suggestion that the new Committee should only pursue partnerships in ways that do not undermine best practice by individual councils would be taken into account in its work;

(ii) that notwithstanding the proposed Joint Committee will operate under the County Council's Procedure Rules (Standing Orders), including the Scrutiny Procedure Rules, the Head of Highways, Capital Development and Waste be asked, in consultation with the Senior Waste Officer Group, to clarify and codify the role of all constituent authorities in scrutinising the work of this Committee.

(b) Public Speaking at Scrutiny Committees

(Councillor Wright attended in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet considered the Report of the County Solicitor (CS/16/7 - text only | pdf CS/16/7) on the proposed introduction of a facility for public speaking at Scrutiny Committees, consistent with practice elsewhere, as recommended by the Chairmen and Vice-Chairmen of Scrutiny Committees as a means of facilitating and encouraging greater public participation at Scrutiny Committees.

The matter having been debated and the options and/or alternatives and other relevant factors set out in the County Treasurer s Report and/or referred to above having been considered:

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

RESOLVED that approval be given to the introduction of a facility for public speaking at Scrutiny Committees along the following lines and set out more fully in Report CS/16/7 - text only | pdf CS/16/7 on a trial basis for 12 months:

Any resident (of the administrative county) of Devon may speak on any substantive matter listed on the Agenda of any Scrutiny Committee (i.e. other than matters for information or administrative business); excluding the Annual Joint Scrutiny Committee meeting where separate arrangements apply.

Any person wishing so to do must register their desire to speak, in writing (by letter, fax or email), by 0900 hours on the (working) day immediately preceding the day of meeting of the relevant Scrutiny Committee - giving a brief outline of the point(s) or issue(s) they wish to raise. If more than one person wishes to make the same point or make similar representations, those persons may be asked to agree a spokesman to make a single presentation.

Any statements/representation shall be limited to 3 minutes per person, within an overall time limit of 15 minutes. Any and all such statements/representations will be taken together at the beginning of the relevant Scrutiny Committee, immediately after consideration of any urgent business. If there are more than 5 persons wishing to speak the Chairman may reduce the amount of time for each person. For best effect, any statement/representations should be short and concise and must not be defamatory or offensive. No writing or photographic material may be circulated around a meeting during any presentation.

Direct, specific, questions to Members or Officers will not be accepted but, in making any statement/representation, a person may of course pose a general inquiry or suggestion that they would wish the Committee to have regard to in the course of its subsequent deliberations. There will be no debate on or response given to any statements/representations made at that time: the Committee will have regard to all issues so raised during its consideration of the substantive matter later in that meeting.

*58 Operational Matters: Guidance to County Councillors and Use of Local Budgets/Invest in Devon Allocation in an election period

The County Solicitor recommended that, as was the case prior to previous quadrennial elections, the Committee consider the arrangements for the use of locality budgets in the period immediately prior to County Council elections in May 2017.

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

RESOLVED

(a) that, consistent with previous practice, Members be reminded of the need to exercise caution in the use of their locality budgets in the period leading up to the County Council elections on 4 May 2017 and be authorised only to initiate the allocation of any monies from 2016/17 locality budgets and/or IID allocations under the normal arrangements up to and including the 10^th March 2017;

(b) that any unspent allocations in 2016/17 shall not be carried forward into 2017/18 and similarly the use of any new funds that may be allocated for 2017/18 shall be estopped until after the 2017 quadrennial elections; provided also that Members shall not give any undertaking of or commitment to the consideration or allocation of funds in either in these periods.

* DENOTES DELEGATED MATTER WITH POWER TO ACT

The meeting started at 2.15pm and finished at 3.15pm.

Minutes of this Committee are published on the County Council s Website at: :