Meeting documents

To endorse the Terms of Reference and Meeting Guidance Protocol.

The LGR Joint Scrutiny Committee approved the Terms of Reference attached at Appendix 1 (Terms of Reference).

The LGR Joint Scrutiny Committee approved the Meeting Guidance Protocol attached at Appendix 2 (Meeting Guidance Protocol).

The Monitoring Officers for Sedgemoor District Council and Somerset County Council introduced the report setting out the Terms of Reference and Meeting Guidance Protocol.

Proposals for the Joint Scrutiny Committee ("JSC") together with the draft Terms of Reference had already been considered and approved by the Constituent Councils at Full Council meetings in November and December 2021.

All of the Constituent Councils had appointed members onto the Joint Scrutiny Committee, the purpose of the report was to seek Member’s approval to the Terms of Reference and the Meeting Guidance Protocol.

Following the Secretary of State’s decision, extensive collaborative work had been undertaken by the five councils to support the implementation of the single unitary council in April 2023. Through partnership, the programme governance arrangements had been jointly established with oversight and direction from the Somerset leaders and chief executives. The LGR Joint Committee has agreed the Terms of Reference for the LGR Joint Committee and included provision for the creation of a JSC in those Terms of Reference.

Joint scrutiny committee arrangements were already well established by the five councils such as the Heart of the South West Joint Committee and the Somerset Waste Board.

The establishment of the JSC would create a collaborative democratic mechanism which would establish a countywide scrutiny framework allowing the Constituent Councils to scrutinise the LGR Joint Committee in an effective and timely manner in relation to the preparation for the establishment of the unitary council in Somerset. It would also positively respond to The Department for Levelling Up, Housing and Communities (DLUHC’s) expectations for collaborative arrangements to be established as early as possible in the implementation programme. The JSC would be consulted and had an opportunity to make representations to the LGR Joint Committee in relation to budget setting for the new Unitary and any medium-term financial plans. The establishment of the JSC would also ensure that all Councils could play an important role in helping shape the direction of the implementation process but without leading to duplication and delay.

The Terms of Reference provided for a JSC of sixteen members drawn from the relevant overview and scrutiny committees of the Constituent Councils, eight from the County Council and two from each of the District Councils (eight in total) with the Chair being appointed from the District membership and the Vice Chair from the County membership.

Allocation of the above seats had been based on individual councils. This ensured the political make up of each constituent council is represented and is reflective of the fact that the Constituent Councils were individual sovereign councils.

The Terms of Reference set out in Appendix 1 provided that any 5 members of the Constituent Councils, to include members from at least 3 of the Constituent Councils, may request a call-in of a decision of the LGR Joint Committee. The Chair and the Vice Chair of the JSC would consider call-in requests and would reach a conclusion as to whether to accept or reject the call-in in accordance with the criteria set out in the Terms of Reference and after taking advice from the Scrutiny Officer and Monitoring Officer of Somerset County Council.

Appendix 2 provided the Meeting Guidance Protocol setting out in more detail the procedures for LGR JSC meetings would sit underneath the Terms of Reference and was included for the Committee’s approval.

During the debate the following comments and questions were raised: -

·         Political proportionality for subs were questioned and considered if this could be removed, Amendments could be made to the Terms of Reference, but substitutes had to be from the same political group.

·         Following concerns over some political parties not being able to provide alternative substitutes, it was confirmed there was the potential to draw on members from other scrutiny committees if required.

·         Access to a copy of the recording from the LGR Joint Committee was questioned, with concerns expressed over the ability to find this information.

·         Assurance was provided that additional meetings could be scheduled if required.

·         Scheduling in future meetings to ensure advanced notice before the meetings was suggested and considered sensible to schedule in meetings ahead of other joint committee meetings to ensure adequate timeframes between them.

·         In consideration of the likely formation of the Implementation Executive in March after the Structural Changes Order is approved then there will be a need to review the schedule of future meetings at the appropriate time to work in conjunction with the joint committee’s timetable.

·         A suggestion was made to attach FAQ’s which answered some of the questions at the end of the TOR’s which enabled clarification of any initial points.

·         The committee were reminded of consideration of the forward work programme and implementation plan in agenda item 10 in consideration of what forthcoming decisions it may want to focus on.

·         The opportunity to consider key items of business prior to committees was discussed.

·         Concerns were expressed over there only being one further meeting before the elections. It was debated where further meetings would be required in April or early May but no conclusion was reached.

·         The view of the committee was to approve the detail of the TOR’s in its existing version with discussions to take place outside of the meeting in relation to potential amendments which could be considered at a future committee.

·         It was understood that the approach to political representation of substitutes would be considered by the respective Councils with advice from their Monitoring Officers.

Recommendations:

The LGR Joint Scrutiny Committee agreed:

1.  the Terms of Reference attached at Appendix 1 (Terms of Reference).

2. the Meeting Guidance Protocol attached at Appendix 2 (Meeting Guidance Protocol).