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18. Procedure at OVERVIEW AND SCRUTINY Committee meetings
(a) OVERVIEW AND SCRUTINY Committees and sub-committees shall
consider the following business:
i) minutes of the last meeting;
ii) declarations of interest (including whipping declarations);
iii) consideration of any matter referred to the committee for a
decision in relation to call in of a decision;
iv) responses of the Cabinet to reports of the OVERVIEW AND
SCRUTINY committee; and
v) the business otherwise set out on the agenda for the meeting.
(b) Where the OVERVIEW AND 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:
i) 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;
ii) that those assisting the committee by giving evidence be treated
with respect and courtesy; and
iii) that the investigation be conducted so as to maximise the
efficiency of the investigation or analysis.
(c) Where the Scrutiny Committee is meeting to consider a Call-in Notice,
the Committee may adopt the following order of proceedings:
1. Invite the signatories to outline the reasons for the call-in notice.
2. Invite a decision-taker to respond.
3. Clarification by the Chairman of matters at issue.
4. Invite any witness produced by the signatories to make a
statement.
5. Allow signatories’ representative opportunity to question their
witness.
6. Allow decision-taker to question signatories’ witness.
7. Allow Scrutiny Committee members to question signatories’
witness.
8. Repeat 4 to 7 for each subsequent witness produced by the
signatories.
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9. Invite any witness produced by the decision-taker(s) to make a
statement.
10. Allow a decision-taker opportunity to question their witness.
11. Allow signatories’ representative to question decision-taker’s
witness.
12. Allow Scrutiny Committee members to question decision-taker’s
witness.
13. Repeat 9 to 12 for each subsequent witness produced by the
decision-taker(s).
14. Public participation: representations from those who desire to
address the Scrutiny Committee.
15. Visiting Councillor participation: statements by any visiting
Councillors (including any signatory who had not been the
signatories’ representative or signatories’ witness).
16. Closing statement by signatories’ representative.
17. Closing statement by a decision-taker.
18. Debate amongst Scrutiny Committee membership.
19. Consideration of whether the matter should be referred to Council.
20. If not, consideration as to whether decision-taker(s) should be
requested to reconsider.
19. Matters within the remit of more than one OVERVIEW AND
SCRUTINY Committee
Where a matter for consideration by an OVERVIEW AND SCRUTINY
Committee also falls within the remit of one or more other OVERVIEW
AND SCRUTINY Committees, the matter shall be referred to/considered
by all the Committees concerned.
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APPENDIX I to PART 4, SECTION 5
PROTOCOL FOR QUESTIONING COUNCIL MEMBERS AND
OFFICERS
Introduction
One of the roles of the OSCOM is to review and/or scrutinise the decision made or
actions taken in connection with the discharge of any of the Council’s functions. The
OSCOM has power to ask that a decision be reconsidered or to recommend that the
Council should consider whether or not a decision or policy should be reconsidered.
In order to review or scrutinise decisions or actions, OSCOMs will be able to require
Council Members and Officers to attend to give explanations and answer queries about
their proposals or actions.
The power to question is not unlimited:
A person is not obliged to answer a question which they would be entitled to refuse to
answer in any legal proceedings. (S.21(15)LGA2000)
Statutory Guidance
OVERVIEW AND SCRUTINY should be constructive and not merely there to either
always oppose the executive or rubber-stamp the Executive’s decision. (Para. 3.30
Guidance on New Council Constitutions October 2000)
OVERVIEW AND SCRUTINY committees are to hold decision-makers to account.
To do so effectively will require a change in the way members have traditionally
questioned decisions. Although this is a matter for political parties to consider, both
locally and nationally, the Government believes whipping should not take place.
(Para 3.45 ibid)
OVERVIEW AND SCRUTINY committees should consider the seniority of officers
that it would be appropriate to require to appear before it. (Para 3.49 ibid)
Officers’ evidence should, as far as possible, be confined to questions of fact and
explanation relating to policies and decisions. (Para 3.50 ibid)
Officers may be asked to explain:
what policies are;
what the Executive considers justifies these policies;
what objectives the Executive is pursuing;
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the extent to which the objectives have been met;
how administrative factors may have affected the choice of policy and the manner of
implementation;
their advice and the justification for it;
their delegated decisions and the justification for them. (Para 3.51 - 52 ibid)
As far as possible, questions should not be put to officers on the merits of alternative
policies where this is politically contentious. Any comment by officers on the
Executive’s policies and actions should always be consistent with the requirement for
officers to be politically impartial. (Para 3.53 ibid, amended by the Council.)
Members and officers should only be asked about matters within their remit. (Para
14(a) OVERVIEW AND SCRUTINY Procedure Rules, Draft Modular Constitutions
December 2000)
Local Procedures
In order to foster constructive dialogue, members of the Cabinet Committee and
Chief Officers of the Council will normally respond to the request of a Chairman of
an OSCOM to attend one of its meetings (as opposed to requiring that the OSCOM
formally resolves to require their attendance), providing that not less than 5 working
days prior notice is given, which specifies the matter that is to be discussed.
Such requests should be addressed to the Leader of the Council or Chief Executive, as
appropriate, and they shall be able to nominate the person who is most appropriate to
assist the OSCOM.
When the most appropriate person is unavailable at the time of the OSCOM meeting,
the Leader or Chief Executive shall seek to agree an alternative arrangements.
When the matter to be discussed requires research or preparation that cannot be
undertaken within the period before the OSCOM meeting, the Leader or Chief
Executive shall seek to agree an alternative timetable.
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APPENDIX II to PART 4, SECTION 5
PROTOCOL FOR QUESTIONING PEOPLE OTHER THAN COUNCIL
MEMBERS AND OFFICERS
Introduction
OSCOMs are to have a novel role of being able to consider able to consider the decisions
and actions of people and bodies, other than the Council, and the way in which they
affect the area of the authority or its inhabitants. OSCOMs will be able to make reports
to the Council on such matters. (Section 21(2)(a) LGA 2000)
To this end, OSCOMs will have a specific statutory power to invite other persons to
attend their meetings (Section 21(13)(b) LGA 2000)
For example, there is now statutory guidance that OSCOMs should examine health care
provision in their area. (Para 3.67 Guidance on New Council Constitutions October
2000). Such examinations would be assisted by the attendance of members of and senior
executives of local NHS organisations who would be able to explain actions or proposals
and answer questions about them. [There is a current intention to legislate that OSCOMs
will be able to require the Chief Executives of local NHS organisations to attend and be
asked questions.]
Where public services are being or could be provided by a private sector organisation,
OSCOMs will be able to request that representatives of such organisations to attend and
answer questions about their performance and/or proposals. In such cases there are some
constraints:
where there is a current contract in existence, the OSCOM does not have authority to
negotiate a variation to the specification. (Section 21(4) LGA 2000)
certain considerations are regarded as ‘non-commercial matters’, which must not be
taken into account when dealing with current or prospective contracts (section 17
LGA 1988). These non-commercial matters are:
- the terms and conditions of employment by contractors of their workers;
- the composition of the contractor’s workforce;
- the arrangements for promotion, transfer or training or other opportunities
afforded to the contractor’s workforce;
- whether the contractor’s workforce is provided by direct employment or self-
employment;
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- any activities or interests of the contractor concerning ‘irrelevant fields of
Government policy’ ie. Defence or Foreign policy;
- a contractor’s conduct in relation to industrial disputes;
- the country or territory of origin of supplies to the contractor or the location in
any country or territory of the contractor’s business activities or interests;
- any political, industrial or sectarian affiliations or interests of contractors, their
directors, partners or employees;
- any financial support or lack of financial support by contractors for any institution
to or from which the authority gives or withholds support;
- whether the contractor does or does not use the Council’s Building Control
Service;
Where a contract is to be let, and prospective contractors are being invited to explain
their bid to an OSCOM:
- questions should not be put concerning the above ‘non-commercial matters’
(Section 17 LGA 1988);
- OSCOMs do not have authority to amend the specification of the prospective
contract or negotiate the terms of the contract (Section 21(4) LGA 2000);
- Where the European Union Public Procurement Directives apply, the Council
(and therefore the OSCOM) has no power to negotiate with tenderers, except
where the exceptional Negotiated Procedure applies (Council and Commission
Statement concerning Article 7(4) Public Works Directive 93/37 1994)
- Rival tenderers in the same position in relation to the prospective contract must be
treated in the same manner (Case 243/89 Commission v. Denmark, 22 June 1993)
(Standing Orders 9 – 18 and Council Code of Good Practice)
- OSCOMs do not have authority to accept tenders. (Standing Orders 9 – 18 and
Council Code of Good Practice)
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