·
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.