Agenda item

For Council to consider changes to the Council’s Committees and Panels namely the merging of Staff Committee and Corporate Governance Committee.

Councillor Miscandlon announced that a proposed alteration to the original recommendation had been tabled to Members prior to the meeting. The proposed alteration was screen shared during this item to allow members of the press and public to see the proposed amendments.

Members considered the Update on Committees and Panels report presented by Councillor Boden.

Members made comments, asked questions and received responses as follows:

1.    Councillor Booth said he was concerned to read in the original report of the external auditors raising their concerns and asked Councillor Boden if they had been advised of this amendment and were happy with the proposed change. Councillor Boden responded that he could only confirm it had gone through our own legal staff to check the legal requirements that exist to ensure the points raised by the auditors will be satisfied by these arrangements.

2.    Councillor Tanfield said that with no disrespect to our own legal staff it is difficult to vote on this without confirmation that the external auditors are satisfied; we have received little information and guidance on this amendment and she is not satisfied if we are going to make a major change like this with little notice or discussion and without finding out if CIPFA and our external auditors are in approval. Councillor Boden said he could assure Councillor Tanfield that our legal team have been meticulous in their attention to the detail of what was required by our CIPFA and the external auditors.

3.    Councillor Sutton said this was all very well, but our legal officers had approved the previous paper and that was opposed by the external auditors. He asked that this be deferred until the auditors could give their opinion. He does not think we should rush into this and will not be voting for it. Furthermore, there is no statutory requirement to have a Staff Committee so why do we not just end it without trying to amalgamate the two. He also raised an anomaly with the Audit and Risk Management sub-committee stating there was a contradiction within the report regarding who could sit on it. Councillor Boden responded that our legal officers were happy for the first version of the report to be brought forward because it said that this Council recommended both mitigations and additional measures to address the concerns which had been raised. Therefore, it was on that basis that officers were willing to produce the report for the agenda, but those sections were able to be removed once the mitigations and measures were incorporated. Regarding Councillor Sutton’s suggestion to abolish Staff Committee, even though it has not met as often as it used to, the committee still fulfils certain functions and those functions still need to be exercised so it is important that they are still allocated to appropriate bodies. Councillor Boden explained that there was no anomaly with the sub-committee and Councillor Sutton had misunderstood the details. This is an ad-hoc sub-committee; members will be determined from the existing members of the main committee when it meets in the same way as members of the ad-hoc meetings of the Licensing Hearing sub-committee are selected from members of Licensing Committee.

4.    Councillor Booth said he would suggest that a decision on this item be deferred. He would like to get a view from the external auditors; he appreciates our legal officers have given their view, but the auditors may have a different opinion. It would be prudent to consider that before deciding. Furthermore, item 35 which talks about selection of Chairman and Vice-Chairman seems to be at odds with proportionality.

(Councillor Booth and Councillor Bligh left the meeting). 

5.    Councillor Yeulett asked if the new committee will have decision making powers. Councillor Boden said it will have the same powers that Corporate Governance Committee currently holds, but no powers in relation to staff. The powers that Staff Committee currently has will be held by the sub-committee. Councillor Yeulett said the importance of the Corporate Governance Committee cannot be overstated and should be kept as independent as possible from the decision-making process. If it becomes involved in staff matters it is his view that this will not be the case. Currently the O&S Panel makes recommendations on fees and charges and the budget process and he would propose a similar role for O&S advising Cabinet through a portfolio holder if the role of Staff Committee is to be reviewed.

6.    Councillor Boden said he is keen to promote the risk management element which currently exists to some extent within Corporate Governance; but in terms of our governance, our member involvement, understanding and challenge on the risk management side is less than he has seen in other local authorities and he wants to see it expanded, strengthened and made more meaningful. Any matters to do with staff are deliberately separated from the committee by being in the determination subcommittee. 

7.    Councillor Yeulett said he welcomed the strengthening of the risk element, but he was concerned with the relationship between that committee and the decision making process, which is entirely separate to what looks like a scrutiny function on behalf of the governance committee. Councillor Boden said Councillor Yeulett is correct but that is why the subcommittee does not report to the committee.

Councillor Miscandlon advised that the recommendations were as per the revised report. 

Proposed by Councillor Boden, seconded by Councillor Connor, it was decided that Council AGREE the amended recommendations to the report as follows: 

·         To agree the merger of Staff Committee and Corporate Governance Committee to create a new Audit and Risk Management Committee.

·         To agree the terms of reference for the new Audit and Risk Management Committee as set out at Amended Appendix A.

·         To agree the creation of a sub-committee of the Audit and Risk Management Committee called the Audit and Risk Management Determination Sub-Committee.

·         To agree the terms of reference for the new Audit and Risk Management Determination Sub-Committee as set out at Amended Appendix A.

·         To agree the political proportionality report set out at Amended Appendix B.

·         To agree the updated Membership of Committees as set out at Appendix C.

·         To delegate to the Monitoring Officer to update the master copy of the Constitution with the changes above and to delegate to the Chief Executive appointments to the new Committee.

(Councillor Clark abstained from voting as Chairman of the Corporate Governance Committee).

(Councillor Mrs French abstained from voting under officer advice that she had an interest).

(Councillor Meeks and Councillor Marks abstained from voting). 

On behalf Councillor Kim French as the outgoing Chairman of Staff Committee, Councillor Mrs French thanked members of Staff Committee for their help, support and advice throughout her 18 months on the Committee. 

Councillor John Clark said as outgoing Chairman of Corporate Governance he would like to thank the committee for the input and commitment they have shown. He also thanked officers for their professionalism and diligence, hard work and advice they gave him in his 18 months as Chairman. Furthermore, he thanked the external auditors, Ernst Young, saying they had built a good relationship.

Councillor Miscandlon invited Councillor Boden and Councillor Tanfield to make their appointments to the new Audit and Risk Management Committee. 

Councillor Tanfield stated she would advise the Monitoring Officer of the FIA appointments to the Committee in due course.

Councillor Boden nominated Councillor Miss K French as Chairman, Councillor Mrs Davis as Vice Chairman, Councillor Purser, Councillor Skoulding, Councillor Tierney, Councillor Mrs French and Councillor Benney, with substitutes being Councillor Connor, Councillor Mrs Laws, Councillor Hoy and Councillor Humphrey.

Councillor Miscandlon closed the meeting by thanking everyone for attending and wished everyone a Merry Christmas and a Happy New Year.