Agenda item

To present the new Statutory Guidance on Overview and Scrutiny (OS) in Local and Combined Authorities, as published by the Ministry of Housing, Communities and Local Government on 8 May 2019 and to to discuss the potential implications of the new Statutory Guidance on OS in Wiltshire Council.

In January 2017 the Department for Communities and Local Government (CLG) launched an enquiry looking at whether Overview and Scrutiny arrangements in England were working effectively and whether local communities are able to contribute to and monitor the work of their councils. Wiltshire Council submitted two responses over the course of the consultation and call for evidence. On 8 May 2019 the Department of Housing, Communities and Local Government published new statutory guidance on Overview and Scrutiny in Local and Combined Authorities. The Committee received the new guidance along with a report from Paul Kelly, Head of Democracy and Performance.

In discussion it was noted that overall the statutory guidance set out recommendations for practice and culture reflected the approach already well embedded at Wiltshire Council, noting in particular the regular liaisons between Overview and Scrutiny and the Executive, the proactive and leading role of Select Committee Chairmen and general levels of openness and transparency in provision of information and engagement. The Committee also drew attention to the Council having a dedicated Overview and Scrutiny team to resource its activities, which many other councils did not.

The Committee therefore considered a number of points where it was not in keeping with the statutory guidance or where it was felt the council could further improve its processes.

It was felt that an explicit protocol setting out the relationship between the Executive and Overview and Scrutiny was unnecessary given the existing processes and relationship, noting that had such a protocol been in place in the past this might have restricted the development of the procedures that were not in place, and that retaining the flexibility of the arrangements was positive. It was also not felt any additional clarity on managing potential conflicts of interest was required. It was, however, raised that it was important the Committee ensure it continue to conduct sufficient corporate scrutiny and not be restricted to its managing function.

It was also agreed that for occasions where Full Council requested Overview and Scrutiny involvement on a topic, particularly in response to public engagement, it would be appropriate for any scrutiny report to be taken to Full Council for information only.

Finally, the Committee discussed including a requirement in council contracts that any contract must supply information to, or appear before, an Overview and Scrutiny Committee upon request. It was noted that automatic scrutiny of major contracts was resource intensive and in the past had not added value on every occasion, but that under current arrangements when it was felt appropriate committees undertook such scrutiny. On those occasions contractors usually were happy to appear before a Committee or Task Group, and the Committee considered it would be reasonable for this to be an explicit requirement of a contract, noting that the relationship of the contractor was with the council, not merely the Executive, but that any involvement from O Overview and Scrutiny could not stray into management of contracts.

At the conclusion of discussion, it was,

Resolved:

1)    To note the new Statutory Guidance on Overview and Scrutiny for Local and Combined Authorities, and the discussion in particular of the areas that would allow or suggest change to current practice;

2)    To agree that Overview and Scrutiny reports will be included for information in Full Council agenda papers when the relevant issue was originally requested for scrutiny by Full Council;

3)    To ask the Overview and Scrutiny Chairmen and Vice-Chairmen and relevant Executive Members to explore a potential framework for requiring contractors to engage in Overview and Scrutiny when requested, and report back;

4)    To note the following additional potential areas for improvement:

a)    Advertising democratic meetings in council premises;

b)    The greater use of co-opting members to OS activities with particular expertise.