·
Corporate Scrutiny Committee – Forward Work
Programme
2.6 Article 6 –
Scrutiny of Decisions
2.6.1
Composition
Each Scrutiny and
Overview Committee, known as a Scrutiny Committee, shall have the
number of members indicated in 2.6.2.1 below. The Chairperson and
Vice-Chairperson of a Scrutiny Committee shall be appointed by each
such Committee in each municipal year and, subject to the
following, that appointment or any further appointment shall be for
the remainder of that municipal year. The allocation of Chairs of
Scrutiny Committees must follow the “Scrutiny Chair
Allocations” table below. The Chairperson of the Corporate
Scrutiny Committee will be a member of the largest opposition
group. Nominations to any and all posts held by opposition groups
will be made by those individual groups and will be recognised by
all members and will not be influenced by other groups or other
members.
If a Chairperson
or Vice-Chairperson of a Scrutiny Committee:
2.6.1.1 ceases to
be a member of the Council (or a co-opted member, as the case may
be) for any reason, or is suspended from such membership,
or
2.6.1.2 is a
member of a particular political group when appointed to be such
Chairperson or Vice-Chairperson and that person subsequently ceases
to be a member of that political group, for any reason, then that
person’s position as Chairperson or Vice-Chairperson
immediately ceases, there shall be a recalculation of the
allocation of Scrutiny Chairs in accordance with the statutory
requirements and the table below and each relevant Scrutiny
Committee shall at its next meeting make a further appointment of
Chairperson or Vice-Chairperson.
The political
balance rules will apply but members of the Executive will not be
eligible to be members of a Scrutiny Committee.
Scrutiny Chair
Allocations
(i)
To
Groups in the Executive
|
Number
of
Scrutiny
Committees
|
Number of Members in Executive
Groups
|
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
28
|
29
|
30
|
1
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
0
|
1
|
2
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
2
|
3
|
1
|
1
|
1
|
1
|
1
|
2
|
2
|
2
|
2
|
2
|
2
|
2
|
2
|
2
|
2
|
3
|
4
|
2
|
2
|
2
|
2
|
2
|
2
|
2
|
2
|
3
|
3
|
3
|
3
|
3
|
3
|
3
|
4
|
5
|
2
|
2
|
2
|
3
|
3
|
3
|
3
|
3
|
3
|
4
|
4
|
4
|
4
|
4
|
4
|
5
|
(ii) To
Opposition Groups
|
Number of Members in Executive Groups
|
Number
of
Scrutiny
Committees
|
|
15
|
16
|
17
|
18
|
19
|
20
|
21
|
22
|
23
|
24
|
25
|
26
|
27
|
28
|
29
|
30
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
0
|
2
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
0
|
3
|
2
|
2
|
2
|
2
|
2
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
0
|
4
|
2
|
2
|
2
|
2
|
2
|
2
|
2
|
2
|
1
|
1
|
1
|
1
|
1
|
1
|
1
|
0
|
5
|
3
|
3
|
3
|
2
|
2
|
2
|
2
|
2
|
2
|
1
|
1
|
1
|
1
|
1
|
1
|
0
|
N.B.
(1) The tables
show the total number of chairs held by all groups in the
Executive, and all opposition groups. It does not show the number
of chairs held by each individual group - unless there were only
one group in either category. Chairs must be allocated between
Executive groups and between opposition groups in proportion to
their strength.
(2) This covers
most foreseeable circumstances. But different allocation rules
would apply if:
- there were no
political groups within the Council, or only one;
- there were only
two groups, and only one committee; or
- the Council
decided to adopt other rules which were no less favourable to
opposition groups.
(2) The formula
used for Executive groups is:
Number of Members
in Executive group(s) ÷ (total number of Members÷number of committees), rounding the
result down.
For opposition
groups, the formula is then simply:
number of
committees - number of chairs held by Executive groups
2.6.2 Remit
Uncertainty
Where matters fall
within the remit of more than one Scrutiny Committee, the Chief
Executive, or an Officer appointed to act on his / her behalf,
shall decide which Committee, will deal with the matter(s) and this
will include both the Scrutiny Committees power to call-in
decisions.
2.6.2.1 Scrutiny
Committees’ Names, Size and Terms of Reference
There shall be two
Scrutiny Committees:
The Corporate
Scrutiny Committee and, the Partnership and Regeneration Scrutiny
Committee.
12 County Council
Members shall be appointed to each Scrutiny Committee.
Parent Governor
and Church representatives appointed in accordance with Paragraph
8-11 of Schedule 1 to the Local Government Act 2000 shall be
invited to attend Scrutiny Committee meetings where the
Authority’s education functions are to be discussed and shall
be entitled to speak and vote on such matters only.
Additionally, the
Partnership and Regeneration Scrutiny Committee may co-opt any
person with the exception of an Executive Member, in respect of its
crime and disorder functions, subject to the provisions of the
Crime and Disorder (Overview and Scrutiny) Regulations 2009 and the
Crime and Disorder (Overview and Scrutiny) (Amendment) Regulations
2010.
Each Scrutiny
Committee may recommend that the Council appoint additional
non-voting co-optees to each Scrutiny
Committee.
2.6.2.2 Corporate Scrutiny
Committee Terms of Reference
The focus of the
Committee’s work will be to secure assurance regarding the
performance / delivery of all services, ensuring the Council
achieves its corporate and service objectives (as outlined in its
Corporate Business Plan, Annual Budget, Budget and Policy
Framework, Performance Management Framework, Corporate Policies or
their successor plans and policies) and to support and make
recommendations for continuous improvement.
To review or
scrutinise decisions made, or other action taken in connection with
the discharge by the Executive of its functions, and in respect of
decisions made but “called in”, or otherwise not
implemented, to recommend to the Executive that those decisions be
reconsidered.
To review or
scrutinise decisions made, or other action taken in connection with
functions which are not the responsibility of the Executive, except
that this power shall not extend to the scrutiny of individual
decisions in respect of development control, licensing,
registration or any other applications for consents or
permissions.
To scrutinise the
performance of services under the requirements of the Wales
Programme for Improvement.
2.6.2.3 Partnership and
Regeneration Scrutiny Committee Terms of Reference
The focus of the
Committee’s work will be to ensure that the interests of the
citizens of the Isle of Anglesey are promoted, and that the
Council’s priorities and resources are most beneficially
reflected, in the partnerships, joint working, collaboration and
external agency arrangements, as exist from time to time. The remit
of the Committee will extend to local, regional and national
arrangements and will include (but will not be limited to) those
areas in which the Council has a statutory duty such as crime and
disorder matters.
Issues in relation
to regeneration and the “Enterprise Island” concept (or
successor plans and policies).
Receive
information and presentations from external public sector agencies
(e.g. Betsi Cadwaladr
University Health Board, North Wales Police Service , North Wales
Fire and Rescue Service, Welsh Ambulance Service and Betsi
Cadwaladr Local Community Health Council) and scrutinise their work on the
Island.
To review or
scrutinise decisions made, or other action taken in connection with
the discharge by the Executive of its functions, and in respect of
decisions made but “called in”, or otherwise not
implemented to recommend to the Executive that those decisions be
reconsidered.
To review or
scrutinise decisions made, or other action taken in connection with
functions which are not the responsibility of the Executive, except
that this power shall not extend to the scrutiny of individual
decisions in respect of development control, licensing,
registration or any other applications for consents or
permissions.
To scrutinise the
performance of services under the requirements of the Wales
Programme for Improvement.
Fulfilling the
function of the Crime and Disorder Committee in accordance with
section 19(1) of the Police and Justice Act 2006 and Welsh
Government Regulations. Specific Terms of Reference where this
Committee is considering the exercise of powers relating to crime
and disorder to include :
- to review and/or
scrutinise decisions made or actions taken in connection with the
discharge by the responsible authorities of their crime and
disorder functions;
- to make reports
and recommendations to the Council and/or the Executive with
respect to the discharge of crime and disorder functions by the
responsible authorities;
- to consider at a
meeting of the committee any local crime and disorder matter
referred to the committee by a member of the Council;
- to decide
whether to make a report or recommendations to Council and/or the
Executive in respect of a local crime and disorder matter, having
regard to any representations made by that member as to why the
committee should do so;
- to notify the
member concerned of its decision and the reasons for its decision
in any case where the committee decides not to make a report or
recommendations in respect of a local crime and disorder
matter;
- to provide a
copy of any committee report or recommendations to the member
concerned (in respect of a local crime and disorder matter) and to
such responsible and co-operating persons or bodies, as it thinks
appropriate;
- to review
responses to committee reports and recommendations and to monitor
action taken by responsible and co-operating persons or bodies in
relation to the discharge of crime and disorder functions by the
responsible authorities;
2.6.3 General
role
Within their terms
of reference, Scrutiny Committees will:
2.6.3.1 review
and/or scrutinise decisions made or actions taken in connection
with the discharge of any of the Council’s
functions;
2.6.3.2 make
reports and/or recommendations to the full Council and/or the
Executive and/or any Joint or Area Committee in connection with the
discharge of any functions;
2.6.3.3 consider
any matter affecting the area or its inhabitants;
2.6.3.4 exercise
the right to call-in, for reconsideration, decisions (within its
remit) made but not yet implemented by the Executive and/or any
Area Committees; and
2.6.3.5 carry out
reviews under the Welsh Programme for Improvement of the functions
within its area of activity and report via the Executive to the
Council.
2.6.4 Specific
functions
2.6.4.1 Policy
Development and Review.
Scrutiny
Committees may:
2.6.4.1.1 assist
the Council and the Executive in the development of its budget and
policy framework by in-depth analysis of policy issues;
2.6.4.1.2 conduct
research, community and other consultation in the analysis of
policy issues and possible options;
2.6.4.1.3 consider
and implement mechanisms to encourage and enhance community
participation in the development of policy options;
2.6.4.1.4 question
members of the Executive and/or committees and Chief Officers about
their views on issues and proposals affecting the area;
and
2.6.4.1.5 liaise
with other external organisations operating in the area, whether
national, regional or local, to ensure that the interests of local
people are enhanced by collaborative working.
2.6.4.2 Scrutiny
Scrutiny
Committees may:
2.6.4.2.1 review
and scrutinise the decisions made by and performance of the
Executive and/or Committees and Council Officers both in relation
to individual decisions and over time;
2.6.4.2.2 review
and scrutinise the performance of the Council in relation to its
policy objectives, performance targets and/or particular service
areas;
2.6.4.2.3 question
members of the Executive and/or Committees and Chief Officers about
their decisions and performance, whether generally in comparison
with service plans and targets over a period of time, or in
relation to particular decisions, initiatives or
projects;
2.6.4.2.4 make
recommendations to the Executive and/or appropriate Committee
and/or Council arising from the outcome of the scrutiny
process;
2.6.4.2.5 review
and scrutinise the performance of other public bodies in the area
and invite reports from them by requesting them to address the
Scrutiny Committee and local people about their activities and
performance; and
2.6.4.2.6 question
and gather evidence from any person (with his/her
consent).
2.6.4.3 Finance
Scrutiny
Committees may exercise overall responsibility for the finances
made available to them.
2.6.4.4 Annual
Report
Scrutiny
Committees must report annually to full Council on their workings
and make recommendations for future work programmes and amend
working methods if appropriate.
2.6.4.5 Officers
Scrutiny
Committees may exercise overall responsibility for the work
programme of any Officers who may be employed to support their
work.
2.6.5 Proceedings
of Scrutiny Committees
Scrutiny
Committees will conduct their proceedings in accordance with the
Scrutiny Procedure Rules set out in Part 4.5 of this
Constitution.
2.6.6 Liaison between
Scrutiny Committees
The Chairpersons
and Vice-Chairpersons of the Scrutiny Committees may meet as often
as they consider appropriate with a view to co-ordinating work
programmes and the ways and means of operating in order to reduce
or eliminate duplication or overlapping of their work.
2.6.7 Panels
Each Scrutiny
Committee may establish Panels of their members with interest and
specialism in various topics in order to assist the Committee in
the discharge of its functions.