Contact: David Hinxman, 01962 847339: e-mail [email protected]

1. The Governance Committee's remit requires it to submit a report to the Cabinet on the operation of the provisions in the Constitution relating to call-in and urgency.

2. Reflecting the trend of infrequent use since 2001 when the Constitution was adopted, the call-in procedure has been implemented twice in the last year. The Adult Services Policy Review Committee(PRC) in May 2006 called-in the Executive Member for Adult Care's decision of 12 May concerning the County Council's charging policy for non-residential services and concluded by concurring with the decision of the Executive Member. On 17 October the Environment PRC called in a decision by the Executive Member for Environment concerning the Havant Passenger Transport Review and Retendering. The PRC is due to meet on25 October to consider the matter.

3. The "urgency" provisions in the Constitution also continue to operate satisfactorily. There have been no urgent decisions according to the definition set out in paragraph 2.4 of the Executive Procedures in Part 3C of the Constitution, eg where a quick decision was crucial either not to compromise the County Council's position or to meet Government demands. Accordingly, items which have fallen into the "urgent" category have been only those few which were the subject of "key" decisions as defined by the County Council in September 2001 but in respect of which it was not possible to publish the report at least five clear days in advance as required by statutory Regulations. In these circumstances statutory Regulations require the relevant Policy Review Committee chairman's agreement that the matter is urgent and the decision should not be delayed. This occurred once in July and once in September as follows in respect of decisions to be made by the Leader and Executive Member for Environment respectively:

· Customer Relationship Management and Associated Contact Centre Technology;

· Quality Bus Partnerships.

4. In pursuance of best practice, every effort continues to be made by way of forward planning and the setting of deadlines by the Chief Executive to ensure that, as far as is reasonably practicable, the statutory timetable for publication of reports relating to "key" decisions is adhered to.

RECOMMENDATION:

That the Governance Committee informs the Cabinet that the call-in and urgency provisions in the Constitution continue to operate satisfactorily; and that report authors be reminded of the need to continue to comply with the Chief Executive's deadlines as to meeting the statutory requirements for the publication of "key" decision reports, namely not less that five clear days before the decision is to be made.

Section 100 D - Local Government Act 1972 - background papers

The following documents disclose facts or matters on which this report, or an important part of it, is based and has been relied upon to a material extent in the preparation of this report.

NB the list excludes:

1 Published works.

2 Documents which disclosure exempt or confidential information as defined in the Act.

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