Agenda item
Report of the County Solicitor (CSO/19/15) on the revised statutory guidance for Scrutiny, the impact on working practices, the Constitution and future working arrangements, attached.
The full guidance was also available on the web at https://www.gov.uk/government/publications/overview-and-scrutiny-statutory-guidance-for-councils-and-combined-authorities.
In November 2018 (minute *51), at the request of Councillor Wright, the Committee considered the Governments response to the Communities and Local Government Select Committee Report ‘Effectiveness of Local Authority Overview and Scrutiny Committees’. At that meeting it was agreed that the item be deferred until such time that the new guidance was received.
Minutes:
The Committee considered the Report of the County Solicitor (CSO/19/15) on the revised statutory guidance for Scrutiny from Ministry of Housing, Communities and Local Government's (MHCLG), which was published on the 7th May 2019, the impact on working practices, the Constitution and future working arrangements.
The full guidance was also available on the web at https://www.gov.uk/government/publications/overview-and-scrutiny-statutory-guidance-for-councils-and-combined-authorities.
In November 2018 (Minute *51 refers), at the request of Councillor Wright, the Committee had previously considered the Governments response to the Communities and Local Government Select Committee Report ‘Effectiveness of Local Authority Overview and Scrutiny Committees’. At that meeting it had been agreed that the item be deferred until such time that the new guidance was received.
It was noted that Devon gave evidence into the original Select Committee consideration as well as the drafting of the statutory guidance. Whilst Scrutiny at Devon was well regarded, the publication offered the opportunity to review current practice over and above regular reflections and make improvements if and where possible.
The Head of Scrutiny presented the Report which summarised the main findings and suggestions for effective Scrutiny and evaluated them against Devon County Council’s approach. The key points were:
· culture and creating the conditions for meaningful Scrutiny to operate, extending to the Chief Executive and Political Leadership;
· role and prioritisation – the role being clear and focused, with a carefully prioritised work programme;
· selecting Committee Members and Chairs – to be done considering skill set as well as politics;
· access to Information and ensuring Members had the right to access to support good Scrutiny, including commercial detail;
· gathering evidence and making recommendations and the role of the Chair in managing and gathering evidence as well as pulling together SMART and useful recommendations; and
· resourcing – sufficient resource to ensure the above issues happened and dedicated Scrutiny teams having a high profile in the authority along with the statutory Scrutiny officer role.
Members noted and welcomed the suggestions for improved visibility, work program planning, wider communications and a continuation of existing best practice (noting that Devon was highly regarded nationally).
Members commented and asked further questions on;
· other partners and organisations and their understanding of the Scrutiny function;
· that masterclass sessions were well received, but care was required not to treat these as ‘scrutiny sessions’;
· the guidance in respect of secret ballots and how effective these might be, notwithstanding two out of the three Chair positions at Devon were given to opposition groups;
· that training in questioning techniques (intended to take place later in the year) was welcomed;
· the role and practice of opposition party chairs in Scrutiny and how other authorities managed this process;
· the importance of ‘smart’ recommendations and fewer, but more focussed agendas to enable effective Scrutiny;
· the capacity of the team and Members to cover a large geographical area such as Devon; and
· the importance of publicity, good communications and promotion of Scrutiny work and task groups.
It was MOVED by Councillor Wright, SECONDED by Councillor Biederman, and
RESOLVED that all Scrutiny Committees be Chaired by opposition groups, including a role for the Independent Group in those positions.
The Motion was put to the vote and declared LOST.
RESOLVED that the new guidance be welcomed and the Council’s approach to Scrutiny be endorsed as good practice, notwithstanding the suggested changes to work programming and communications, which would further strengthen the current robust working practices.
Supporting documents: