Agenda and minutes

Corporate Overview and Scrutiny Committee - Wednesday 13 October 2021 10.00 am

Venue: Council Chamber - Shire Hall, Gloucester. View directions

Items
No. Item

1.

Apologies

Minutes:

See above

 

2.

Declaration of Interests

Minutes:

No declarations made at the meeting.

 

3.

Call-in of Cabinet decision pdf icon PDF 86 KB

The Chief Executive has received notification that six members wish to call in the decision made by the Cabinet on 22 September 2021:

 

Financial Monitoring Report 2021/22. 

“support a transfer of £435k developer contribution within the Highways capital budget from Cheltenham to Bishops Cleeve Cycle Track project to the A435 Bishops Cl' to Racecourse Capacity project.”

 

The signatories to the call-in are:

 

  1. Cllr Paul Hodgkinson
  2. Cllr David Willingham
  3. Cllr Alex Hegenbarth
  4. Cllr Ben Evans
  5. Cllr Roger Whyborn
  6. Cllr Jeremy Hilton

 

A report is attached setting out the matters to be considered by the Committee as well as a copy of the call-in notice and a response from the Cabinet Member.

Additional documents:

Minutes:

3.1      A report responding to the call-in and setting out the matters to be considered by the Committee had been circulated before the meeting. The decision called-in had been taken by the Cabinet on 22 September 2021:

 

Financial Monitoring Report 2021/22. 

“support a transfer of £435k developer contribution within the Highways capital budget from Cheltenham to Bishops Cleeve Cycle Track project to the A435 Bishops Cl' to Racecourse Capacity project.”

 

3.2      The signatories to the call-in were:

 

1.    Cllr Paul Hodgkinson

2.    Cllr David Willingham

3.    Cllr Alex Hegenbarth

4.    Cllr Ben Evans

5.    Cllr Roger Whyborn

6.    Cllr Jeremy Hilton

 

 

Outline the process

 

3.3      The Chair invited the Monitoring Officer to set out the process for the committee to consider the call-in. By way of background it was outlined that the procedure rules were set out in detail in the constitution and summarised in the report within the meeting papers.

 

3.4      The committee was advised that members were to consider the grounds at ‘3.1’ in the call-in notice which were:

 

 

·         The decision would conflict in whole or in part with any existing policy that has been formally approved or adopted by the Council.

           

·         The Cabinet, the Leader of the Council or a Cabinet Member or Officer under delegated powers acted contrary to the Cabinet Procedure Rules, the Access to Information about the County Council’s Formal Business and/or the principles of decision making set out in Part 2, Article 7.02 of the Constitution.

           

            The matter contravened is:

7.02.8: They should be properly reasoned and alternatives that are discounted should be identified and the reasons for their rejection explained adequately.

 

 

The first stage was for the committee to decide whether the committee agreed wholly or partially with the ground for call-in. If they did agree with any of the grounds, then there were four possible options for the committee to decide:

 

·         Support the Cabinet’s decision without comment

 

·         Make adverse comment about the way they reached their decision, but no adverse view on the decision itself

·         Propose changes to the decision – modifications or an alternative to achieve the same effect.

 

·         In exceptional circumstances, which the committee must determine, arrange for full council to review or scrutinise the decision.

 

Initially the lead signatory would be asked to speak followed by the Cabinet Member in response.

 

 

Consideration of the Call-in

 

 

3.5      Cllr Alex Hegenbarth, as a signatory to the call-in, outlined that the reasons why the decision had been called in emphasising that this was a vital scheme and it was important it was properly scrutinised.  He explained that no reasons for the decision were given in the report and the detail was lacking.

 

3.6      Cllr Lynden Stowe, Deputy Leader and Cabinet Member for Finance and Change, addressed the committee in response to the call-in notice. He introduced his response outlined within the paper and emphasised the following key points:

 

Ø  This was a pragmatic solution to a funding requirement to ensure that the capacity scheme was progressed as soon as possible.  ...  view the full minutes text for item 3.

4.

Answers to written questions from members ahead of Corporate Overview and Scrutiny 13/10/21 pdf icon PDF 268 KB