Cllr Fleming proposed and Cllr Mrs Davison seconded that the revisions to Part 5 and Appendix H of the Council’s Constitution as set out in Appendices A and B to the report, be approved.

The Terms of Reference for the Scrutiny Committee had been drafted in such a way that nine members were called from a pool of fifteen, and the mechanics of this process could lead to a breach of political proportionality.  In order to avoid this at the first meeting, all members of the Committee were invited to attend.  However it was necessary to make changes to the terms of reference prior to the next meeting in order for the Committee to legally and effectively fulfil its scrutiny function.

The current Terms of Reference stated that:

4.1The Scrutiny Committee will comprise a permanent Chairman and Vice Chairman, neither of whom sit on Cabinet Advisory Committees and a pool of 15 members 3 drawn from each of the Cabinet Advisory Committees, none of whom may be members of the Cabinet or be their Deputies.

4.2When a meeting is called 9 ordinary members and the Chairman and Vice Chairman will be called to form the committee. No Members will be called from the Cabinet Advisory Committee where a decision being scrutinised was formulated.

4.3The membership is to be chosen according to political proportionality rules.

4.4The membership of the Committee can be found at Appendix H -  Membership of Council Committees, Cabinet and Advisory Committees.

The following changes were proposed in the report:

4.2 When a meeting is called the Chairman (or Vice Chairman in the Chairman’s absence) will call 9 members from the pool of 15 (see para. 4.1 above) and if necessary a pool of substitutes (see para. 4.3 below) to form the committee. No Members will be called from the Cabinet Advisory Committee where a decision being scrutinised was formulated.

4.3 The membership is to be chosen according to political proportionality rules.  If application of paras. 4.1 and 4.2 above results in a breach of these rules, then a substitution may be made from a pool of substitutes drawn from the Cabinet Advisory Committees, in order to maintain political proportionality.

Resolved: that the revisions to Part 5 and Appendix H of the Council’s Constitution as set out in Appendices A and B to the report, be approved.