1.0 NUMBER OF AND ARRANGEMENTS FOR OVERVIEW/SCRUTINY COMMITTEES
1.1 At its Annual Meeting, the County Council will appoint Overview/Scrutiny Committees and decide their membership and terms of reference. The current arrangements are set out in Part 3 of the Constitution.
2.0 MEMBERSHIP OF OVERVIEW/SCRUTINY COMMITTEES
2.1 All councillors except members of the Executive may be members of an Overview/Scrutiny Committee. However, no member may be involved in scrutinising a decision of another committee in which he/she has been directly involved.
3.0 CO-OPTEES
3.1 An Overview/Scrutiny Committee is entitled to recommend to the Council the co-option of one or more persons as non-voting members of the Committee.
4.0 OTHER REPRESENTATIVES
4.1 The Children & Young Peoples Services Overview/Scrutiny Committee dealing with education matters shall include in its membership the following voting representatives:
(a) 1 Church of England diocesan representative;
(b) 1 Roman Catholic diocesan representative;
(c) 2 parent governor representatives representing primary schools and secondary/special schools in the county; and
4.2 These representatives shall vote only on matters relating to the Council's functions as a Local Authority and not on other matters considered by the committee although they may remain in the meeting and speak to those other items.
4.3 The Health & Adults Services Overview/Scrutiny Committee dealing with health matters shall include in its membership the following voting representatives:
(a) 1 representative from each District Council in the administrative County of Devon;
(b) 2 representatives of the Devon Association of Parish Councils.
4.4 These representatives shall vote only on matters relating to the Council's discharge of its functions concerning scrutiny of the National Health Service and not on other matters considered by the committee although they may remain in the meeting and speak to any item.
5.0 MEETINGS OF THE OVERVIEW/SCRUTINY COMMITTEES
5.1 There shall be at least 6 ordinary meetings of each Overview/Scrutiny Committee in each year in accordance with the Council's Calendar of Meetings. In addition, extraordinary meetings may be called from time to time as and when appropriate by the Chairman or by the Chief Executive if either considers it necessary or appropriate.
6.0 QUORUM
6.1 The quorum for an Overview/Scrutiny Committee shall be as set out for committees in the Council Procedure Rules (Standing Order 26) in this Part of the Constitution.
7.0 CHAIRMAN
7.1 At its first meeting after the Annual Meeting of the Council in any year an Overview/Scrutiny Committee will elect a Chairman for the following twelve months from among the councillors serving on that committee.
8.0 WORK PROGRAMME
8.1 An Overview/Scrutiny Committee will be responsible for setting its own work programme and in doing so it will take into account the wishes of members of that Committee who are not members of the largest political group on the Council.
9.0 AGENDA ITEMS
9.1 Any member of an Overview/Scrutiny Committee or sub-committee shall be entitled to give notice to the Chief Executive that he/she wishes an item relevant to the remit of the committee or sub-committee to be included on the agenda for the next available meeting of the committee or sub-committee. On receipt of such a request the Chief Executive will ensure that it is included on the agenda for that meeting.
9.2 Any member of the Council who is not a member of an Overview/Scrutiny Committee may give written notice to the Chief Executive that he/she wishes an item on any local government matter and relevant to the functions of that Committee to be included on the agenda of that Committee and such an item will be included on the agenda of the next meeting of that Committee.
9.3 The Overview/Scrutiny Committees shall also respond, as soon as practicable, to requests from the Council and/or the Executive to review particular areas of Council activity. Where they do so, the Overview/Scrutiny Committee shall report their findings and any recommendations to the Council and/or the Executive.
10.0 POLICY REVIEW AND DEVELOPMENT
10.1 The role of the Overview/Scrutiny Committees in relation to the development of the Council’s budget and policy framework is set out in detail in the Budget and Policy Framework Procedure Rules.
10.2 In relation to the development of the Council’s approach to other matters not forming part of its policy and budget framework, an Overview/Scrutiny Committee or sub-committee may make proposals to the Executive for developments in so far as these relate to matters within its terms of reference.
10.3 An Overview/Scrutiny Committee may investigate the available options for future direction in the development of the Council's policies and may appoint advisers and assessors to assist them in this process. They may ask witnesses to attend to address them on any matter under consideration and may pay any advisers, assessors and witnesses a reasonable fee and expenses for doing so.
10.4 An Overview/Scrutiny Committee may appoint ad hoc working groups to investigate specific topics on a time-limited basis.
10.5 With the agreement of the Procedures Committee, an Overview/Scrutiny Committee may hold an inquiry in the nature of a "select committee hearing" into an issue which is not directly related to the exercise of the Council's functions but which has a bearing upon its statutory responsibility for the promotion of the economic, social and environmental wellbeing of the area.
11.0 REPORTS FROM OVERVIEW/SCRUTINY COMMITTEES
11.1 Once it has formed recommendations on proposals for development, an Overview/Scrutiny Committee will prepare a formal report and submit it to the Chief Executive for consideration by the Executive or to the Council as appropriate.
11.2 If an Overview/Scrutiny Committee cannot agree on one single final report to the Council or Executive as appropriate, then up to one minority report may be prepared and submitted for consideration by the Council or Executive with the majority report.
11.3 The Council or the Executive shall consider the report of the Overview/Scrutiny Committee within two months of it being submitted to the Chief Executive.
12.0 CONSIDERATION OF OVERVIEW/SCRUTINY COMMITTEE REPORTS BY THE EXECUTIVE
12.1 The agenda for Executive meetings shall include an item entitled ‘Issues arising from Overview/Scrutiny Committees’. The report of a Committee referred to the Executive shall be included at this point in the agenda (unless it will be considered in the context of the Executive’s deliberations on a substantive item elsewhere on the agenda) within two months of the Overview/Scrutiny Committee completing its report/recommendations.
12.1.1 When the Executive considers any such report from an Overview/Scrutiny Committee the record of the meeting at which that report is considered shall state:
12.2 Where an Overview/Scrutiny Committee prepares a report for consideration by the Executive in relation to a matter where the Council or Executive has delegated decision making power to an Executive Member, then the Overview/Scrutiny Committee will submit a copy of its report to that member for consideration. At the time of doing so, the Overview/Scrutiny Committee shall send a copy to the Chief Executive. The member of the Executive must consider the report and respond in writing to the Overview/Scrutiny Committee within 8 weeks of receiving it. A copy of his/her written response shall be sent to the Leader and to the Chief Executive. The member will also attend a subsequent meeting of the Overview/Scrutiny Committee to present his/her response.
12.3 Nothing in this paragraph prevents more detailed or informal liaison between the Executive and Overview/Scrutiny Committee as appropriate depending on the particular matter under consideration.
13.0 REPORT TO COUNCIL
13.1 Reports on the taking of key decisions
If an Overview/Scrutiny Committee thinks that a key decision has been taken which:
(a) was not included in the Forward Plan; or
(b) was not the subject of the general exception procedure under Paragraph 7.0 of the Executive Procedure Rules; or
(c) was not the subject of an agreement with a relevant Overview/Scrutiny committee Chairman, or the Chairman/Vice-Chairman of the Council under Paragraph 8.0 of the Executive Procedure Rules;
the Committee may by resolution require the Executive to submit a report to the Council within such reasonable time as the Committee specifies. The power to require a report rests with the Committee but can also be exercised by the Monitoring Officer when so requested by the Chairman (or, in his/her absence, the Vice-Chairman) or any 3 members of that Committee.
13.2 Executive’s report to Council
The Executive will then prepare a report for submission to the next available meeting of the Council. However, if the next meeting of the Council is within 7 days of receipt of the resolution of the committee or a written notice of the Monitoring Officer, then the report may be submitted to the meeting after that. The report to Council will set out particulars of the decision, the individual or body making the decision, and if the Leader is of the opinion that it was not a key decision, the reasons for that opinion.
14.0 OVERVIEW/SCRUTINY COMMITTEES ACCESS TO DOCUMENTS
14.1 Rights to copies
Subject to Rule 13.1 of the Access to Information Rules, an Overview/Scrutiny Committee will be entitled to copies of any document which is in the possession or control of the Executive and which contains material relating to
(a) any business to be transacted at a meeting of the Executive; or
(b) any decision taken by a portfolio holder.
14.2 Limit on rights
An Overview/Scrutiny Committee will not be entitled to:
(a) any document which is in draft form;
(b) any part of a document which contains exempt or confidential information, unless the Monitoring Officer agrees that information is relevant to an action or decision they are scrutinising or have indicated that they intend to scrutinise.
15.0 ATTENDANCE OF EXECUTIVE MEMBERS AND OFFICERS
15.1 Any Overview/Scrutiny Committee or sub-committee may scrutinise and review decisions made or actions taken in connection with the discharge of any Council functions. As well as reviewing documentation, in fulfilling the scrutiny role, it may require any member of the Executive and any senior officer to attend before it to explain in relation to matters within their remit:
(a) any particular decision or series of decisions;
(b) the extent to which the actions taken implement Council policy; and/or
(c) their performance.
and it is the duty of those persons to attend if so required.
15.2 Where any member or officer is required to attend an Overview/Scrutiny Committee under this provision, the chairman of that committee will inform the Monitoring Officer. The Monitoring Officer shall inform the member or officer in writing giving at least 3 working days notice of the meeting at which he/she is required to attend. The notice will state the nature of the item on which he/she is required to attend to give account and whether any papers are required to be produced for the committee. Where the account to be given to the committee will require the production of a report, then the member or officer concerned will be given sufficient notice to allow for preparation of that documentation.
15.3 Where, in exceptional circumstances, the member or officer is unable to attend on the required date, then the Overview/Scrutiny Committee shall in consultation with the member or officer arrange an alternative date for attendance.
(NB: A copy of the protocol for relationships and communications between the Executive and Overview/Scrutiny Committees is appended to these rules).
16.0 ATTENDANCE BY OTHERS
16.1 An Overview/Scrutiny Committee may invite people other than those people referred to in paragraph 15 above to address it, discuss issues of local concern and/or answer questions. It may for example wish to hear from residents, stakeholders and members and officers in other parts of the public sector and may invite such people to attend (see also 10.3 above).
17.0 CALL-IN BY OVERVIEW/SCRUTINY COMMITTEES
17.1 A decision made by the Executive, a committee or an Executive Member, an officer exercising delegated powers, an area committee or under joint arrangements may be "called in" under the following procedure. Such a call-in of an Executive decision or the decision of an Executive Member will take precedence over a request by an individual Member for reconsideration by the Executive under Paragraph 11.0 of the Scheme of Delegation set out in Part 3 of this Constitution or Paragraph 10.0 of the Executive Procedure Rules.
17.2 Notice of all such decisions will be sent by email to all members of the Overview/Scrutiny Committees within 2 working days of being made. The notice will bear the date on which it is published and will specify that the decision(s) which it records will come into force 5 working days after that date unless it is called in.
17.3 Within that period, the Chairman (or in his/her absence the Vice-Chairman) any 3 members of an Overview/Scrutiny Committee or any 5 members of the Council whether or not they are members of the relevant Overview/Scrutiny Committee may call in such a decision by requesting the Chief Executive to convene a meeting of that Committee to consider it. The Chief Executive will convene such a meeting within 5 working days of that request and will inform the decision-taker of the call-in.
17.4 If having considered the decision an Overview/Scrutiny Committee remains concerned, it may refer the decision to the Executive for reconsideration and will set out in writing the reasons for its concern and any proposed amendments.
17.5 The Executive will reconsider the matter at its next ordinary meeting and may either amend or adopt the original decision.
17.6 The call-in procedure set out above shall not apply where the decision being taken by the Executive is urgent in line with Paragraphs 7.0 and 8.0 of the Executive Procedure Rules. A decision will be urgent if any delay likely to be caused by the call-in process would seriously prejudice the Council’s or the public's interests. The record of the decision, and notice by which it is made public shall state whether in the opinion of the decision making person or body, the decision is an urgent one, and therefore not subject to call-in. The Chairman of the relevant Overview/Scrutiny Committee (or in his absence the Vice-Chairman), as appropriate must agree both that the decision proposed is reasonable in all the circumstances and to it being treated as a matter of urgency. Decisions taken as a matter of urgency must be reported with the reasons therefor to the next meeting of the Council.
17.7 The operation of the provisions relating to call-in and urgency shall be monitored annually, and a report submitted to Council with proposals for review if necessary.
18.0 THE PARTY WHIP
18.1 The Council considers that whipping is incompatible in principle with overview and scrutiny and should only occur in exceptional circumstances. For these purposes whipping means:
“Any instruction given by or on behalf of a political group to any councillor who is a member of that group as to how that councillor shall speak or vote on any matter before the Council or any committee or sub-committee, or the application or threat to apply any sanction by the group in respect of that councillor should he/she speak or vote in any particular manner.”
18.2 Where the whip has been imposed upon a matter, a member must declare the existence of the whip and the nature of it before the commencement of the committee’s deliberations on the matter. The declaration, and the detail of the whipping arrangements, shall be recorded in the minutes of the meeting.
19.0 PROCEDURE AT OVERVIEW/SCRUTINY COMMITTEE MEETINGS
19.1 Overview/Scrutiny Committees shall consider the following business:
(a) minutes of the last meeting;
(b) declarations of interest (including whipping declarations);
(c) consideration of any matter referred to the committee for a decision in relation to call in of a decision;
(d) responses of the Executive to reports of the Overview/Scrutiny Committee; and
(e) the business otherwise set out on the agenda for the meeting.
19.2 Where the Overview/Scrutiny Committee conducts investigations (e.g. with a view to policy development), the committee may also ask people to attend to give evidence at committee meetings which are to be conducted in accordance with the following principles:
(a) that the investigation be conducted fairly and all members of the committee be given the opportunity to ask questions of attendees and to contribute and speak;
(b) that those assisting the committee by giving evidence be treated with respect and courtesy; and
19.3 Following any investigation or review the committee shall prepare a report, for submission to the Executive and/or Council as appropriate and shall make its report and findings public.
19.4 The Council has also agreed a protocol governing relationships and communications between Overview/Scrutiny Committee and the Executive and operating procedures to supplement these Rules. This protocol does not form part of the Council's Constitution but is reproduced in the Annex to these Rules for convenient reference.
20.0 MATTERS WITHIN THE REMIT OF MORE THAN ONE OVERVIEW/SCRUTINY COMMITTEE
20.1 Where an Overview/Scrutiny Committee conducts a review or scrutinises a matter which also falls (whether in whole or in part) within the remit of another Overview/Scrutiny Committee, then the committee conducting the review shall invite the chairman of the other committee (or his/her nominee) to attend its meetings when the matter is being reviewed.
21.0 COUNCIL PROCEDURE RULES
21.1 Except where these rules expressly provide for different arrangements, Standing orders will apply mutatis mutandis to meetings of Overview/Scrutiny Committees.
TABLE 1
Terms of Reference of Overview/Scrutiny Committees
Policy & Resources Overview/Scrutiny Committee
(1) To ensure the wise use of resources and review the implementation of existing policies and to consider the scope for new policies with regard to all aspects of the Council’s use and management of its resources and to discharge its functions in the scrutiny of authorities responsible for crime and disorder strategies;
(2) To assess the effectiveness of decisions of the Executive in all areas of the Council’s statutory activities not covered by the reviews of other Scrutiny Committees;
(3) To make reports and recommendations as appropriate arising from this scrutiny.
Environment, Economy & Culture Overview/ Scrutiny Committee
(1) To review the implementation of existing policies and to consider the scope for new policies with regard to all aspects of the discharge of the Council’s functions concerning the environment, economic activity; libraries and cultural heritage of the County;
(2) To assess the effectiveness of decisions of the Executive in these areas of the Council’s statutory activity;
(3) To relate scrutiny conducted under paragraphs (1) and (2) to the achievement of the Council’s key priorities "strengthening Devon's economy", "celebrating Devon's culture" and "improving Devon's environment" and to its objectives of promoting sustainable development and of delivering best value in all its activities;
(4) To make reports and recommendations as appropriate arising from this scrutiny.
Children & Young People's Services Overview/Scrutiny Committee
(1) To review the implementation of existing policies and to consider the scope for new policies with regard to all aspects of the discharge of the Council’s functions concerning services for children and young people
(2) To have primary responsibility for children's health services liaising as necessary with the Health & Adults' Services Overview/Scrutiny Committee.
(3) To assess the effectiveness of decisions of the Executive in these areas of the Council’s statutory activity;
(4) To relate scrutiny conducted under paragraphs (1) and (2) to the achievement of the Council’s key priorities "giving Devon's children and young people the best possible start in life" and " promoting independence and choice in Devon" and to its objectives of promoting sustainable development and of delivering best value in all its activities;
(5) To make reports and recommendations as appropriate arising from this scrutiny.
Health & Adults' Services Overview/Scrutiny Committee
(1) To review the implementation of existing policies and to consider the scope for new policies for all aspects of the discharge of the Council's functions concerning adult social care and community learning and to discharge its functions in the scrutiny of health services
(2).To assess the effectiveness of decisions of the Executive in these areas of the Council's statutory activity;
(3) To make reports and recommendations as appropriate arising from this scrutiny.
ANNEX
A PROTOCOL FOR RELATIONSHIPS AND COMMUNICATIONS BETWEEN THE EXECUTIVE AND OVERVIEW/SCRUTINY COMMITTEES
This protocol supplements the Overview/Scrutiny Procedure Rules contained in the Council’s Constitution which affect the operation of the Committee process or impact upon individual members. This protocol does not form part of the Constitution but is reproduced here for convenient reference.
1 Chairmen and Vice-Chairmen of Overview/Scrutiny Committees will be appointed at the Annual Meeting of the Council.
2 The positions of Chairmen of Overview/Scrutiny Committees shall be filled by members of minority groups and the positions of Vice Chairmen of such Committees by members of the majority group. A minority group which does not take the Chairmanship may nominate a Deputy Chairman of the Committee.
3 Co-ordination of the activities of Overview/Scrutiny Committees shall be undertaken by the Chairmen, Vice-Chairmen and Deputy Chairmen of those Committees, meeting informally as a Working Group with the Chairmanship of that Group rotating among its members. This Group will keep under review proposals for site visits, public surveys or general public meetings to ensure that these are necessary, cost-effective and within available budgetary provision (see also 7 below).
4 Members of the Council may attend meetings of an Overview/Scrutiny Committee to observe proceedings.
4.1 To promote communication and understanding, all Overview/Scrutiny Committees will extend a standing invitation to Executive Members, Executive Support Members and Member Champions to attend meetings of those Committees most relevant to their responsibilities, to listen to the debate and contribute, if invited.
4.2 Executive Members and Executive Support Members may only speak at Overview/Scrutiny Committee meetings at the invitation of the Committee. However, if an Executive Member or Executive Support Member asks to speak, then the Committee is asked to be receptive to that request. (Where the request is made prior to the meeting, it should be referred to the Chairman. Scrutiny Officers will act as the contact point for such requests).
4.3 Overview/Scrutiny Committees are encouraged regularly to call Executive Members, Executive Support Members and Member Champions to account.
4.4 Overview/Scrutiny Committees are urged to question Executive Members directly on the reasons for and merits of member-level decisions.
4.5 Scrutiny Officers will draw Executive Members’, Executive Support Members’ and Member Champions attention to impending investigations that appear likely to affect their areas of responsibility.
4.6 Where an Overview/Scrutiny Committee specifically wishes to question an Executive Member about some aspect of his/her remit:
4.6.1 The Leader of the Council will seek to ensure:
4.7 All other members may, in line with Standing Order 25 and the Overview/Scrutiny Procedure Rules, speak to any item under consideration with the consent of the Overview/Scrutiny Committee.
4.8 There may be occasions when an Overview/Scrutiny Committee will discuss an issue which is of purely local significance relating exclusively to the electoral division of an individual member. In those circumstances even if he or she is a Member of the Executive that Member shall be deemed to have been invited by the Scrutiny Committee and may attend and speak to that meeting in line with Standing Orders.
5 An Overview/Scrutiny Committee may ask witnesses to attend to address them on any matter under consideration, as set out in detail in the Overview/Scrutiny Procedures Rules in the Council’s Constitution.
5.1 Overview/Scrutiny Committees’ questioning of officers should centre on professional, technical and managerial matters.
5.2 Service Directors are asked to ensure that, as far as possible, an officer is present to represent each Directorate when items affecting it feature on an Overview/Scrutiny Committee agenda.
5.3 It is recognised that when Overview/Scrutiny Committees are exploring options for the development of new policy, professional and technical information from officers is likely to play a greater role than input from Executive Members.
6 Information on Overview/Scrutiny Committee’s work programmes should be circulated as an appendix to the Executive’s Forward Plan.
7 Overview/Scrutiny Committees will not normally undertake site visits or public surveys or hold general public meetings unless it can be demonstrated that such a course of action is essential to its investigations and would be a cost-effective method of obtaining that information. While an Overview/Scrutiny Committee may appoint ad hoc working groups to look at specific topics relating to its terms of reference, the prior approval of the Procedures Committee will be required to the holding of any "Select Committee" style investigation in an area of or upon a subject upon which the Council does not have powers and duties.
8 An Overview/Scrutiny Committee may "call-in" a decision made by the Executive, a committee, an Executive Member exercising delegated powers, to discuss the matter under the procedure set out in the Overview/Scrutiny Procedure Rules. If the Executive subsequently decides not to amend its original decision to take account of that Overview/Scrutiny Committee's views, then notwithstanding the provisions of the Constitution, the implementation of the Executive's decision relating to that matter will be "stayed" until the next meeting of the Council in order that the matter may be discussed by the full Council. In the light of that debate the Leader may then decide that the decision should be further "stayed" until the next meeting of the Executive to allow reconsideration of that decision.
9. In relation to the preparation and consideration of Reports by an Overview/Scrutiny Committee Task Group the following shall apply:
9.1 The task Group takes evidence from contributors. As those contributions are written up, each contributor is offered a chance to comment on the accuracy of the record of his/her evidence.
9.2 Once all the evidence is taken, the Scrutiny Officer drafts a report and recommendations to reflect the preliminary views of the Task Group. A copy of this will be sent to the relevant Executive Member/Director and when the task group meets to consider and sign off the draft it is open to him or her to ask to attend and highlight any perceived inaccuracies or misunderstandings in the report. The meeting at which the Task Group discusses the draft should normally be held in Part 11 so that any differences of opinion can be aired in private.
9.3 The entitlement of a Member to reasonable access to all documents within the Council's custody prevails over all other considerations and any commitment given to a witness who gives evidence at a hearing must contain the caveat that, once settled, the notes of the proceedings may be shown in cinfidence to any County Councillor who can satisfy the County Solicitor of his or her "need to know"; accepting that in very exceptional circumstances it may be necesssary to provide a member with an edited version of the notes.
9.4 When the Task Group has settled the report and recommendations these go on the agenda for the next Overview/Scrutiny Committee Meeting.
9.5 When the Overview/Scrutiny Committee agenda is published, the Executive Member/Director concerned will receive a copy. If any of the Task Group's final recommendations cause them concern, they can speak at the Overview/Scrutiny Committee meeting (Executive Members have a standing invitation to attend).
9.6 The Overview/Scrutiny Committee considers the Task Group's recommendations and any comments from the Executive Member/Director, then decides whether to refer the recommendations to the Executive as they stand or with changes arising from the debate - or occasionally they may ask the Task Group to go back and do more work.
9.7 The report and recommendations go to the next Executive that allows sufficient time for the Executive Member/Director to give a written response to any of the recommendations felt to be unacceptable to them in the form set out. The Executive can then debate the pros and cons and come to a view (or ask for more information, pending a debate at a later meeting).
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