Archived decisions

At a meeting of the GOVERNANCE COMMITTEE of HAMPSHIRE COUNTY COUNCIL held at The Castle, Winchester on 27 September 2006.

PRESENT:

Councillors:

Also in attendance: Councillor J. V. Bryant, Chairman of the Standards Committee.

50. APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillor Thornber who was undertaking duties associated with his representation of the County Council on the County Council networks, and Councillor Kelly.

51. DECLARATIONS OF INTEREST

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.

52. MINUTES

The Minutes of the meeting held on 28 June 2006 were confirmed as a correct record and signed by the Chairman. It was noted that the report referred to in minute 42 (progress with management actions arising from internal audit) would be brought to the October meeting of the Committee.

53. CHAIRMAN'S COMMUNICATIONS

There were no communications from the Chairman on this occasion.

54. DEPUTATIONS

No deputations had been received.

55. AUDIT COMMISSION - ANNUAL GOVERNANCE REPORT 2005/06

The Committee received the report of the Audit Commission (Item 6 in the Minute Book). The Commission was required by its statutory code of audit practice for local government bodies to issue a report to those charged with governance summarising the conclusions from their audit work.

The Commission expected to issue an unqualified conclusion as to the County Council's arrangements to secure economy, efficiency and effectiveness in its use of resources. Subject to the satisfactory conclusion of one outstanding matter, the Commission also expected to issue an unqualified opinion that the County Council's financial statements presented fairly the financial position of the Council as at 31 March 2006 and its income and expenditure for the year then ended, the financial transactions of its Pension Fund during the year and the amount and disposition of the Fund's assets and liabilities, other than liabilities to pay pensions and benefits after the end of the scheme year.

The Commission's work in reaching value for money conclusions was integrated with their work on the Corporate Performance Assessment `use of resources' assessment. This showed that the County Council had arrangements in place to meet the Commission's twelve criteria effectively.

The Committee welcomed the positive outcome of the Commission's work. The outstanding issue concerned PREMIS (property management system) orders to which a satisfactory conclusion was anticipated.

RESOLVED:

That the Audit Commission be thanked for their Annual Governance Report 2005/06 and that the officers be asked to prepare a formal response to the recommendations, including an implementation plan, for consideration by the Committee at its next meeting.

56 REVISIONS TO THE COUNTY COUNCIL'S CONSTITUTION

The Committee considered the report of the Monitoring Officer (Item 7 in the Minute Book) concerning changes to the Constitution pursuant to the Democratic Review, changes in the law and County Council operating procedures. The report has been considered by a working party on 25 September 2006 set up by the Cabinet at its meeting that day. A supplementary report (Item 7a in the Minute Book) was circulated summarising the points made by the working party. The matter was to be considered by the County Council at its meeting on 28 September 2006.

The Committee supported the thrust of the report but concerns were expressed by some members about the absence of a requirement for working groups set up to undertake particular reviews to be proportionate in terms of their membership across the political groups. Clarification was also sought in relation to the operation of "call-in" given the likelihood that, if this provision were pursued in the future, issues were likely to be of a "cross-cutting" nature and could affect more than one policy review committee. The Committee was mindful that cross-cutting issues need not impact to the same extent on policy review committees and asked for this issue to be clarified for further consideration at the County Council meeting.

RESOLVED:

That subject to clarification with regard to the proposed provisions regarding the operation of `call-in', it be a recommendation to the County Council:

a) That the following be approved:

· Revised Part 1: Chapter 6 (Policy Review Committees) and the Policy Review Committee Rules of Procedure (Part 3D of the Constitution) set out as Appendices 1 and 2.

· Revised Access to Information protocol (Part 3B of the Constitution) set out as Appendix 4.

· Updated Part 1: Chapter 11 (Area based committees and panels) set out as Appendix 4.

b) That Part 1: Chapter 4(f) of the Constitution be deleted and replaced by "Agreeing and/or amending Terms of Reference for Committees, determining proportionality on those committees which are subject to proportionality rules, and, where proportionality rules do not apply, making appointments to them."

c) That Part 3A of the Constitution (Standing Order 37(a) be amended by the deletion of "paragraphs 1-6, 9, 11, 12 and 14 of Part 1 of Schedule 12A" and the insertion of the words "paragraphs 1 - 7 of Part 1 of Schedule 12A".

57 POLICY REVIEW COMMITTEES - OPERATING PROTOCOL

The Committee considered and approved the draft operating protocol attached to the report of the Chief Executive (Item 8 in the Minute Book). The protocol would guide the procedures followed by working groups set up by Policy Review Committees to carry out individual "task and finish" reviews.

RESOLVED:

That the draft protocol for Policy Review Committees set out as an appendix to the report of the Chief Executive be endorsed.