Issue - meetings

Council Owned Companies Shareholder Governance Review

Meeting: 15/10/2024 - Council (Item 32)

32 Cabinet 2 October 2024 - Minute No. 60 - Council Owned Companies Shareholder Governance Review pdf icon PDF 246 KB

RECOMMENDED that Council: -

(a)          Approve the Shareholder Advisory Board and Shareholder Operations Board Governance Framework for inclusion in the Council’s Constitution;

(b)          Approve the Guidance to Councillors and Officers Appointed to Outside Bodies for inclusion in the Council’s Constitution; and

(c)          Delegate authority to the Monitoring Officer to take all steps necessary to ensure the Council’s Constitution remains up to date in respect of these documents.

 

Additional documents:

Minutes:

The Portfolio Holder for Transformation, Resources and Governance, Finance, Councillor Jeff Hanna presented the report on the Council Owned Companies Shareholder Governance Review and outlined the recommendations as set out on the agenda.

In proposing the recommendations, the Portfolio Holder for Transformation, Resources and Governance proposed an amendment to recommendation (a) so that the recommendation read as follows: -

(a)        Approve the Shareholder Advisory Board and Shareholder Operations Board Governance Framework for inclusion in the Council’s Constitution subject to the replacement of ‘be appointed’ with ‘normally be nominated’ into the final paragraph of 1.5.2 so as to read ‘For clarification, BCP Councillors will not normally be nominated by BCP Council to Boards of Council Companies’;

Council consented to the amendment becoming the substantive motion and debated the recommendations as amended in detail with some members expressing concern with Councillors not being appointed to the Boards.

Following comprehensive debate, the recommendations were carried as set out below.

RESOLVED that Council: -

(a)        Approve the Shareholder Advisory Board and Shareholder Operations Board Governance Framework for inclusion in the Council’s Constitution subject to the replacement of ‘be appointed’ with ‘normally be nominated’ into the final paragraph of 1.5.2 so as to read ‘For clarification, BCP Councillors will not normally be nominated by BCP Council to Boards of Council Companies’;

(b)        Approve the Guidance to Councillors and Officers Appointed to Outside Bodies for inclusion in the Council’s Constitution; and

(c)        Delegate authority to the Monitoring Officer to take all steps necessary to ensure the Council’s Constitution remains up to date in respect of these documents.

Voting: For:35, Against:15, Abstentions:2

Councillors S Bartlett, D Brown, M Earl, D d’Orton-Gibson, M Howell, A Martin, S McCormack, J Salmon P Sidaway, and K Wilson declared interests in this item and remained present for the discussion and voting thereon.

 

Councillor Sharon Carr-Brown left the meeting at 11.25pm prior to the vote on the item.

Councillor Emily Harman left the meeting at 11.37pm.

 


Meeting: 02/10/2024 - Cabinet (Item 63)

63 Council Owned Companies Shareholder Governance Review pdf icon PDF 246 KB

This report sets out the action taken following the reports to Audit & Governance Committee on 11 January 2024, and to Cabinet on 10 January 2024, advising on the lessons learnt from a governance perspective following the closure of the Council’s Urban Regeneration Company – BCP Future Places.  These reports recommended changes designed to provide a clearer understanding of the respective roles, decision-making arrangements and improved accountability for council owned companies.

In response to the recommendations from both Audit & Governance Committee and Cabinet this report now sets out the detailed governance framework proposed by BCP Council via the establishment of the Shareholder Advisory Board and the Shareholder Operations Board together with supporting Guidance for Councillors and Officers appointed to Outside Bodies.

A further report providing an update following a review of the existing Council owned companies on their effectiveness will be presented to a future meeting of Cabinet.

It is also noted that in line with the governance framework initially approved by Audit & Governance Committee and Cabinet in January 2024, BCP Councillors currently appointed to council owned companies will be removed and replaced with Officer appointments.  Further details about these arrangements will be detailed in a further report to Cabinet.

Additional documents:

Decision:

RESOLVED that Cabinet: -

Notes the establishment of the Shareholder Advisory Board and the Shareholder Operations Board.

Cabinet RECOMMENDS that Council: -

(a)          Approve the Shareholder Advisory Board and Shareholder Operations Board Governance Framework for inclusion in the Council’s Constitution;

(b)          Approve the Guidance to Councillors and Officers Appointed to Outside Bodies for inclusion in the Council’s Constitution; and

(c)          Delegate authority to the Monitoring Officer to take all steps necessary to ensure the Council’s Constitution remains up to date in respect of these documents.

Voting: Unanimous

Portfolio Holder: Transformation, Resource and Governance

Reason

To ensure that all Council owned companies operate within effective and transparent governance.

Minutes:

The Portfolio Holder for Transformation, Resources and Governance presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'J' to these Minutes in the Minute Book.

Cabinet was advised that the report set out the action taken following the reports to Audit & Governance Committee on 11 January 2024, and to Cabinet on 10 January 2024, advising on the lessons learnt from a governance perspective following the closure of the Council’s Urban Regeneration Company – BCP Future Places, and that these reports recommended changes designed to provide a clearer understanding of the respective roles, decision-making arrangements and improved accountability for council owned companies.

Cabinet was informed that in response to the recommendations from both Audit & Governance Committee and Cabinet that this report now sets out the detailed governance framework proposed by BCP Council via the establishment of the Shareholder Advisory Board and the Shareholder Operations Board together with supporting Guidance for Councillors and Officers appointed to Outside Bodies.

In relation to this Cabinet was advised that a further report providing an update following a review of the existing Council owned companies on their effectiveness will be presented to a future meeting of Cabinet.

Cabinet was informed that it is also noted that in line with the governance framework initially approved by Audit & Governance Committee and Cabinet in January 2024, BCP Councillors currently appointed to council owned companies will be removed and replaced with Officer appointments, and that further details about these arrangements will be detailed in a further report to Cabinet.

Members addressed the Cabinet raising concerns with regards to the proposed changes and the removal of members on the boards of council owned companies.

RESOLVED that Cabinet: -

Notes the establishment of the Shareholder Advisory Board and the Shareholder Operations Board.

Cabinet RECOMMENDS that Council:

(a)          Approve the Shareholder Advisory Board and Shareholder Operations Board Governance Framework for inclusion in the Council’s Constitution;

(b)          Approve the Guidance to Councillors and Officers Appointed to Outside Bodies for inclusion in the Council’s Constitution; and

(c)          Delegate authority to the Monitoring Officer to take all steps necessary to ensure the Council’s Constitution remains up to date in respect of these documents

Voting: Unanimous

Portfolio Holder: Transformation, Resources and Governance

Reason

To ensure that all Council owned companies operate within effective and transparent governance.

Councillor Kieron Wilson declared and interest in this item and remained present for the discussion and voting thereon.