Agenda item

Factual Briefing Note provided by the County Solicitor (CSO/19/3) in response to the Notice of Motion previously submitted to the Council Meeting on 6 December 2018 and referred to this Committee under Standing Order 6(6).

The Committee considered the factual briefing note provided by the County Solicitor (CSO/19/3) in response to the Notice of Motion previously submitted to the Council Meeting on 6 December 2018 and referred to the Procedures Committee under Standing Order 6(6).

The factual briefing note had been prepared in order to facilitate the Committees discussion of the Notice of Motion outlined below: 

This County Council welcomes the fact that the Heart of the South West Local Enterprise Partnership Joint Scrutiny Committee has now met, but believes that for effective scrutiny to take place:

(1) two of the Council's four places on the Committee should be made available to opposition groups from next May;

(2) there should be an opportunity for the Non-Aligned Group to be represented from time to time;

(3) an opportunity for public participation should be provided;

(4) proceedings should be webcast.  

It highlighted that the Mary Ney report, Review of Local Enterprise Partnership Governance & Transparency, had been commissioned by the Government and published in October 2017 which contained advice that Scrutiny arrangements should be in place to monitor both the decision-making and achievements of the Local Enterprise Partnership (LEP). The new guidance ‘Strengthened Local Enterprise Partnerships’ received in August 2018 was not detailed in terms of how any local arrangements should operate, but recognised the role of local authorities in scrutinising LEPs.

At a local level, it was intended to develop a proposal, independent of existing Scrutiny Committees, with a focus on Strategic Scrutiny of the LEP and its strategies, adding value and meeting the Government’s requirements for LEP Scrutiny and the terms of reference / operating procedures were agreed by Members through all four constituent authorities between July and September 2018, including the Procedures Committee on 4^th July 2018.

In terms of Membership of the Committee and in line with the requirements of the Local Government and Housing Act 1979, political proportionality wasn’t considered to be appropriate to apply to the collective membership. However, where a Council appointed three or more Members, political proportionality would apply to those appointments in line with the legislation.

The first meeting of the LEP Scrutiny Committee (2nd November 2018), considered the guidance (which was not prescriptive in any way), and resolved that the processes agreed in relation to Scrutiny were currently fit for purpose. There was also a commitment to review and evaluate its operation to assess effectiveness, added value and consider whether any changes to its constitution and operation were necessary and / or appropriate. This review was scheduled for autumn 2019, to give time for the Committee to settle into its role and for the LEP’s role in the development and delivery of the Local Industrial Strategy and the impact of its change of focus on its operation and relationship with the HotSW Joint Committee to become clear. 

It was also noted that any changes proposed to the current model would be subject to the approval of the Constituent Authorities and may require wider consideration across the Heart of the South West Councils.

Members discussed the importance of continuity of membership of the Committee and also that they welcomed the opportunity to scrutinise the LEP.

RESOLVED that the Procedures Committee support the Motion in terms of the emphasis on transparency and open democracy and therefore recommends to the Council;

(a) that group leaders and whips be asked to consider the matter of representation and terms of appointment on the Committee when those allocations and appointments are reviewed prior to the Annual Council Meeting in May 2019; and

(b) that the issues of public participation at, and webcasting of, the LEP Scrutiny Committee meetings be raised as part of the evaluation of the operation of the Committee in Autumn 2019, highlighting that Devon supports both processes being introduced, notwithstanding any changes to the terms of reference will need to be agreed by both the Procedures Committee and subsequently all Constituent Authorities.