Archived decisions

AT A MEETING of the GOVERNANCE COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 28 June 2006

PRESENT:

p Councillor T.K. Thornber, CBE (Chairman)

37 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor T.G. Knight who was undertaking duties associated with his representation of the County Council as a Project Integra Board Member.

38 DECLARATION OF INTERESTS

Members were mindful that, where they believed they had a personal or personal prejudicial interest in any matter to be considered at the meeting, they should normally at the time of the debate, declare their interest and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, consider whether to leave the meeting whilst the matter was discussed.

39 MINUTES

The Minutes of the meeting held on 9 March 2006 were confirmed as a correct record and signed by the Chairman.

40 CHAIRMAN'S COMMUNICATIONS

The were no communications from the Chairman on this occasion.

41 DEPUTATIONS

No deputations had been received.

42 ANNUAL INTERNAL AUDIT OPINION 2005/06

The Committee considered the report of the County Treasurer (Item 6 in the Minute Book) recommending the Committee to accept the Internal Audit Assurance Statement for 2005/06. The Committee noted the main findings and, with particular reference to Criminal Records Bureau checks, that a report on the development of the County Council's draft policy featured elsewhere on the meeting's agenda. The Committee welcomed Internal Audit's opinion that the County Council had an appropriate framework of control in place that provided reasonable insurance regarding the effective, efficient and economic achievement of the County Council's objectives.

The Committee wished to place on record their appreciation of the work done by the Chief Internal Auditor and his team.

RESOLVED:

That the Internal Audit Assurance Statement for 2005/06 detailed in Appendix A to the report of the County Treasurer be accepted and that progress with management actions to resolve the issues in paragraphs 6.4 to 6.18 of the report be considered by the Governance Committee in September 2006.

43 DRAFT STATEMENT OF INTERNAL CONTROL

The Committee considered the report of the Head of Corporate and Legal Services and Monitoring Officer and the County Treasurer (Item 7 in the Minute Book) in response to the requirements under the Accounts and Audit Regulations 2003 to produce a broad-based statement of internal control. The statement required approval by the end of June 2006 and the Governance Committee had authority to give that approval on behalf of the County Council. The statement required formal signature by the Chief Executive and the Leader of the Council and, on approving the statement, which had already been signed by the Chief Executive, the Chairman of the Committee, as Leader of the Council, also signed the statement.

RESOLVED:

That approval be given to the draft Statement of Internal Control.

44 DRAFT STATEMENT OF ACCOUNTS 2005/06

The Committee considered the report of the County Treasurer (Item 8 in the Minute Book) submitted in accordance with the timetable required by the Accounts and Audit Regulations 2003. The County Treasurer circulated an updated copy of page 56 of the Statement concerning pensions to reflect recent advice following discussions between the Government Actuary, CIPFA and the Audit Commission. The style of the Statement was highly proscribed and the County Treasurer summarised the key points. A detailed report on the final accounts for 2005/06 had been submitted to the Cabinet on 26 June 2006 and approved by the Cabinet.

RESOLVED:

That the Statement of Accounts for 2005/06 be approved.

45 REGULATION OF INVESTIGATORY POWERS ACT 2000

The Committee considered the report of the Head of Corporate and Legal Services and Monitoring Officer (Item 9 in the Minute Book) the purpose of which was to update the Committee following an inspection visit by the Office of Surveillance Commissioners and to note changes to some of the County Council's working practices when carrying out covert surveillance.

RESOLVED:

(a) That the changes made to the County Council's policy and procedures when the use of covert surveillance is being considered be noted as being in accordance with the recommendations being made by the Inspector of the Office of Surveillance Commissioners;


(b) That the report of the Head of Corporate and Legal Services and Monitoring Officer be sent to the Office of Surveillance Commissioners for their information.

46 AUDIT COMMISSION REPORT ON ETHICAL GOVERNANCE AT THE COUNTY COUNCIL

The Committee considered the report of the Head of Corporate and Legal Services and Monitoring Officer and the Chief Internal Auditor (Item 10 in the Minute Book) following a corporate ethical governance survey undertaken by the Audit Commission on the County Council's behalf. The purpose of the survey had been objectively to assess the County Council's arrangements for ethical governance and whether effective mechanisms existed for ensuring high standards of conduct.

The Committee welcomed the actions which the County Council had taken to improve its ethical governance framework in the light of the Code of Conduct adopted in Spring 2002 and considered the issues identified by the Audit Commission as areas for consideration for further action. The Committee was disappointed that in some respects the Audit Commission's report issued in March 2006 had not fully recognised steps that had been taken since their survey had been undertaken. In relation to recommendations encouraging greater involvement by independent people, the Committee remained concerned that extension of this notion only contributed to the undermining of the democratic principle that elected members should be accountable. The Committee noted that the Government had indicated that it would legislate to secure the appointment of an independent person as Standards Committee Chairman. In relation to the Register of Members' Interests and Internet access to it, the Committee understood the comments made by the Head of Corporate and Legal Services and Monitoring Officer but noted that the Internet approach had been adopted by some local authorities. In relation to ethical governance awareness, the Committee endorsed the view expressed by the Audit Commission whilst noting that expansion of Members training events which had taken place at the County Council in recent years. The Committee considered that attendance at these events run by the Head of Corporate and Legal Services and Monitoring Officer should be deemed by all Members to be compulsory. Consideration was also being given to the use of e-awareness opportunities. The Committee also supported the Audit Commission's view that the County Council should strengthen its publicity given to the successes of ethical governance within the County Council and noted that the Monitoring Officer would be discussing with the Head of Communications how best this could be achieved.

RESOLVED:

(a) That the Audit Commission's view that standards of conduct at the County Council are high be endorsed;


(b) That the responses to the Audit Commission's recommendations set out in paragraphs 2.1.1 to 2.1.7 of the Head of Corporate and Legal Services and Monitoring Officer's report be approved;


(c) That, with particular reference to ethical governance awareness, Members of the County Council be advised that the Committee considers that attendance at ethical governance awareness training events run by the County Council should be deemed to be compulsory.

47 DEMOCRATIC REVIEW - POLICY REVIEW COMMITTEE TERMS OF REFERENCE AND HAMPSHIRE ACTION TEAM TERMS OF REFERENCE

The Committee considered the report of the Chief Executive (Item 11 in the Minute Book) proposing new terms of reference for the Policy Review Committees and initial terms of reference to provide a structure within which the new Hampshire Action Teams could begin their work.

There terms of reference for the PRCs had been drawn up in consultation with leading non-Executive members across all political groups and required the County Council's approval pursuant to Part 1 : Chapter 4.1(f) of the Constitution. In recommending the terms of reference for the PRCs to the Council, the Committee accepted the principle that the informal group should continue to meet occasionally with scrutiny officers to monitor progress under the new arrangements.

In relation to the HATs, the Chairman proposed that the Cabinet or individual Executive Members as appropriate would respond within 3 months from receiving any public reports from HATs Chairman and appendix 2 to the report of the Chief Executive was revised accordingly.

Consequential amendments to Part 3D were anticipated following approval of the PRCs' terms of reference and accordingly the Committee recommended that the Monitoring Officer be authorised to make the amendments and report them to Cabinet and Council in line with existing procedures.

RESOLVED:

(a) That the terms of reference for Policy Review Committees set out in Appendix 1 to the report of the Chief Executive be recommended to the County Council for approval with effect on 1 October 2006 pursuant to Part 1: Chapter 4.1(f) of the Constitution and that the Monitoring Officer be authorised to make consequential changes to Part 3D of the Constitution, the rules of procedure for PRCs.


(b) That the Hampshire Action Teams' terms of reference set out in Appendix 2, as revised at the meeting, be approved, to take effect from 1 October 2006.

48 MEMBERS' ATTENDANCES AT CONFERENCES AND SEMINARS - 2005/06

The Committee received the report of the Chief Executive (Item 12 in the Minute Book) listing Members' attendances at conferences during the past year which the Chief Executive had dealt with under delegated powers after consultation with the Leader of the Council or other appropriate Executive Member. The reference to the AER Conference in Genoa was deleted, having been reported to the Cabinet previously. Attendance at the recent CIPFA conference would be included in the next report.

49 CRIMINAL RECORDS BUREAU (CRB) CORPORATE POLICY - DRAFT

The Committee received the report of the Chief Executive and the draft policy attached to it. The Director of Human Resources reported the key issues to be taken into account in developing the corporate policy and the Committee noted the progress which had been made. The Committee also noted that, after full consultation at draft stage, the policy would be presented to the Leader of the Council as Executive Member for Policy and Resources for adoption.