Agenda item

To receive a report from the Corporate Director Law & Governance presenting the outcome of a review of the current arrangements for “Call-In” of Executive decisions to Scrutiny Committees and seeking a decision on any changes required to the process as a result.

(Agenda republished on 21 May 24 to include details of an amendment to the proposals submitted by the Liberal Democrats Group)

Council RESOLVED:

(1)    To adopt the change in arrangements for call-in of Executive decisions requiring the submission of a valid call-in request by five non-cabinet members to involve those members representing more than one political group.

Having been put to the vote, an amendment moved by Councillor Lorber detailing alternative arrangements relating to the number of members required to submit a valid call-in was declared LOST.

(2)    Following on from (1) above, to authorise the Corporate Director of Law & Governance to amend the Constitution accordingly, including making any necessary incidental or consequential changes.

The Mayor then invited Councillor Muhammed Butt (as Leader of the Council) to introduce the final report on the agenda from the Corporate Director of Law and Governance.  In introducing the item, Councillor Muhammed Butt advised that the report presented the outcome of a review undertaken on the current “call-in” arrangements for Executive decisions with members being asked to consider a proposal (developed as an outcome of the review) that would require the submission of any future “call in”, whilst still only requiring five individual signatories, to also be supported by members of more than one political group.

Having introduced the report, the Mayor then invited Councillor Lorber (on behalf of the Liberal Democrats Group) to move an amendment to the report submitted prior to the meeting seeking approval to alternative arrangements for the number of members required to submit a valid call-in in response to the review of current arrangements.

In moving the amendment, Councillor Lorber began by highlighting what he felt had been the lack of justification for the change proposed within the report presented by the Leader of the Council on the basis of the review which had been undertaken and expressed concern at the impact this would have at further reducing the ability of non-executive members to hold the Executive to account as part of an effective and democratic scrutiny process.  Highlighting the need to maintain a strong and effective scrutiny function along with the need to maintain a meaningful ability for any member or political group to be able to call-in decisions for review as part of the balance provided in the current governance arrangements, Councillor Lorber felt it important to outline the value of recent call-in and scrutiny activity, including a focus on the Morland Gardens/Altamira development and changes to the Council’s street cleansing and recycling arrangements, as a means of ensuring the decisions made had been based on sound information and advice.  Having taken account of the current review on the arrangements for call-in he advised that the amendment being moved on behalf of the Liberal Democrats Group was therefore seeking the following alternative changes to the call-in provisions:

(1)    That any Cabinet decision which had implications for the whole or a large part of the borough could be called in by any three Councillors from one or more political groups.

(2)    That any Cabinet decision which had implications for just one ward within the borough could be called in by any one councillor.

In order to safeguard the objectives of effective democratic scrutiny he therefore urged all members to reject the proposals within the report and support the amendment as moved.

Having moved the amendment, the Mayor then opened the debate inviting other members to speak on the report and amendment, with the following contributions made.

Speaking in support of the amendment, Councillor Kansagra, also felt it was important to recognise the impact which the proposal moved by the Leader would have in restricting the ability of members (including those within the Labour Group) to effectively hold the Executive to account.  In support of a need to maintain the objectives of effective democratic scrutiny he therefore advised his Group would be voting against the proposals within the report and in support of the amendment.

Councillor Georgiou, also speaking in opposition to the proposal moved by the Leader and support of the amendment, felt it important to highlight what he felt to be the effective way in which call-in arrangements were currently operating in Brent and expressed concern at the potential impact the requirement for members of more than one political group to support a call-in would have in disenfranchising individual members by restricting their ability to call-in future Executive decisions for review.  For these reasons he urged all members to join him in supporting the amendment as moved.

As no further members indicated they wished to speak the Mayor then invited Councillor Muhammed Butt to exercise his right of reply in relation to the report and amendment moved at the meeting.

In summing up, Councillor Muhammed Butt began by reminding members of the opportunities available to hold the Executive to account as well as participate and engage in the way scrutiny was being delivered but also felt it important to once again highlight the clear mandate provided for the current Labour Administration in seeking to implement their programme in support of local residents.  As a result, he advised the Labour Group would not be supporting the amendment moved by Councillor Lorber.

As a final contribution, the Mayor then invited Councillor Lorber to exercise his right of reply in relation to the debate on the amendment.  In responding Councillor Lorber expressed concern at the stance taken by the Labour Administration in relation to the proposal moved by the Leader, which he felt not only undermined the overall effectiveness of scrutiny and its ability to meaningfully hold the Executive to account but also the mandate provided for all local ward councillors in seeking to support, empower and represent their constituents.  On this basis he once again urged all members to support the amendment as moved at the meeting.

Having thanked members for their contributions the Mayor then moved on to put the amendment and recommendations within the report to the vote.

On putting the amendment moved by Councillor Lorber to the vote this was declared LOST.

The substantive recommendations, as detailed within the report, were then put to the vote and declared CARRIED.

It was therefore RESOLVED:

(1)    To approve adoption of a change in arrangements for call-in of Executive decisions (requiring the submission of a valid call-in request by five non-cabinet members) to involve those members representing more than one political group.

(2)    Following on from (1) above, to authorise the Corporate Director of Law & Governance to amend the Constitution accordingly, including making any necessary incidental or consequential changes.