Agenda and draft minutes

To receive any apologies for absence from Councillors.

There were no apologies for absence.

Councillors D Butt, M Cox, A Filer and M Phipps were present at the meeting on a virtual basis (without entitlement to vote).

The Interim Leader of the Council, Councillor P Broadhead, was present at the meeting on a virtual basis.

Councillors J Butt (Chair of Licensing Committee) and D Kelsey (Chair of Planning Committee) were present at the meeting for the discussion on agenda item 9 (Review of the Constitution).

An apology for absence had been received from the Chief Executive.

To receive information on any changes in the membership of the Committee.

Note – When a member of a Committee is unable to attend a meeting of a Committee or Sub-Committee, the relevant Political Group Leader (or their nominated representative) may, by notice to the Monitoring Officer (or their nominated representative) prior to the meeting, appoint a substitute member from within the same Political Group. The contact details on the front of this agenda should be used for notifications.

Formal notification had been received appointing Councillor D Brown as substitute for Councillor M Cox.

Councillors are requested to declare any interests on items included in this agenda. Please refer to the workflow on the preceding page for guidance.

Declarations received will be reported at the meeting.

Councillor T Johnson referred to a potential interest in agenda item 9 (Review of the Constitution). [On receipt of advice, this declaration was subsequently withdrawn].

To confirm as a correct record the minutes of the Meeting held on 12 January 2023.

RESOLVED that the Minutes of the meeting of the Committee on 01 December 2022 be confirmed as a correct record.

To receive any public questions, statements or petitions submitted in accordance with the Constitution. Further information on the requirements for submitting these is available to view at the following link:-

https://democracy.bcpcouncil.gov.uk/ieListMeetings.aspx?CommitteeID=151&Info=1&bcr=1

The deadline for the submission of public questions is 4 clear working days before the meeting.

The deadline for the submission of a statement is midday the working day before the meeting.

The deadline for the submission of a petition is 10 working days before the meeting.

Before responding to a series of Public Questions relating primarily to agenda item 9 (Review of the Constitution), the Chairman reminded the Committee that although responses would be provided, all the issues would be subject to discussion later in the meeting and that any recommendations from the Committee would be referred for decision to the Council.

The Committee was advised of the receipt of seven Public Questions.

Public Questions from Mr Alexander McKinstry

Public Question 1.

I note, with dismay, that the Constitution Review Group is looking to restrict public participation at meetings once again, and that should tonight's proposals pass full Council, residents will be limited to one question / statement only on any agenda item. These restrictions were rejected by this Committee in October, on multiple grounds including contravening Nolan Principles (openness, accountability), yet here they are again - with a new restriction, namely a 15-minute limit on public contributions. Why is the Group so determined to cap public involvement, when there is no public appetite for this and public questions have never been interminable?

Response:

It must be clarified that it not proposing to introduce new or change existing provisions relating to the time limit for public participation at meetings as is suggested.

The Constitution Review Working Group considered the existing arrangements in the context of the comments and feedback from previous meetings of the Audit and Governance Committee and Council. The Council is keen to promote and encourage a greater number of residents and other interested parties to attend and participate in the democratic process.

That being said, however, the existing arrangements, without a limit on the number of questions or statements that any one person may submit on an individual item of business, has given rise to individuals presenting multiple submissions on single items which could prevent others from making representations. To assist and respond to other concerns regarding the limitations presented by the restriction in length to 100 words, it is proposed that the word limit of a submission be increased from 100 to 150 words.

It should be noted, that there is no limit proposed to the number of agenda items that an individual may submit a related question or statement about.

Public Question 2.

One restriction being floated for the first time tonight is Rule 13.3.2, which is the most ominous I have ever come across in a local authority's constitution: "A protocol ... may make provision limiting the ability of a member of the public to speak on any item." 

What exactly is the Constitution Review Working Group considering here? Is the Group seriously looking to impose lifetime bans on members of the public speaking at meetings and if so, do they have me specifically in mind?

Response

The changes proposed to Rule 13.3.2 seek to establish a better link between protocols adopted by the respective committees and the Council’s Constitution Procedure Rules. A strengthening of this relationship is recommended by the legal advisors following the planning case of The Queen  ...  view the full minutes text for item 179.

There will be a verbal update from the Council's external auditor Grant Thornton.

The Committee received a copy of letter from the external auditor, Grant Thornton to the Chief Executive and Chief Finance Officer dated 10 February 2023 relating to the 2023/24 budget setting process and a copy of the letter had been circulated within a Supplemental agenda ahead of the meeting. The letter referred back to previous presentations to the Committee and set out the external audit’s views on the 2022/21 ‘Value for Money’ (‘vfm’) audit. There was also reference to progress with the 2023/24 budget setting process to date and, particularly the circumstances around the preparation of a potential alternative 2023/24 budget. The letter outlined and explained the auditor’s concerns on a number levels, which were set out in full, around the possibility of any late amendments to the current indicative budget. The Committee was reminded that the current concerns had arisen not from the standard budget setting process as reported through the Cabinet in the usual way, but because of the submission of changes after that final budget setting process was underway.

The external auditor provided further background and explained the possible options for taking the matters forward from the auditor’s perspective and set out how the process would be managed within Grant Thornton. The Committee also heard from the Acting Leader of the Council providing background to the amendments proposed and commenting on the issues being raised by the external auditors as well as setting out further detail about the proposed budget amendments. The external auditor responded to detailed questions from the Committee. Within the terms of its audit and governance remit, the Committee gave detailed consideration to the letter and the range of issues arising.

The external auditor also delivered an update on the subject of progress with the 2020/21 Opinion Audit and was able to inform the Committee that the outstanding issues extensively reported to the Committee over recent months were now reaching resolution and that a concluding report would be submitted to the next meeting of the Committee on 9 March 2023. An update was also provided on the ‘Value for Money’ audit for 2021/22 and 2022/23 and about the delivery timetable likely to be involved. The Committee was advised that the timetabling proposals and potential additional work would need to be carefully looked at in terms of resources and capacity within the Council’s finance team and further reported back to the Committee in March.

The Chairman thanked the External Auditors, Members of the Committee and staff from the finance team for their contributions towards consideration of these important issues and it was noted that further reports would come forward to the next meeting.

An annual review of the Council’s:

·       Anti-Fraud & Corruption Policy,

·       Whistleblowing Policy,

·       Declaration of Interests, Gifts & Hospitality Policy (for Officers)

·       Regulation of Investigatory Powers Act (RIPA) & Investigatory Powers Act (IPA) Policy

has taken place to ensure they are updated in line with best practice and legislation.

Some minor changes have been made to the Council’s Anti-Fraud & Corruption Policy including updating manager guidance to clarify arrangements for contacting the Police and the Insurance Team where a theft or burglary has occurred. Appendix C of the policy ‘Anti-Money Laundering Requirements’ has also been updated with additional possible indicators of money laundering to look out for and an updated link to relevant legislation.

The Whistleblowing Policy has been updated with some minor changes including amendments to the outcome template letter, an updated Children’s safeguarding contact number and Employment Rights Act legislation reference. Some minor amendments have also been made to the Seven Stage Whistleblowing Policy (Appendix 1) to clarify the process. In addition in Section 6 of the policy ‘How Is This Policy Implemented’ the process to follow if the individual is dissatisfied with the outcome response or the process followed has been highlighted.

Some changes have been made to the Council’s Declaration of Interests, Gifts & Hospitality Policy (for Officers) including a clearer statement that the Council requires all employees to consider their specific job role, not just their Council employment and personal circumstance when deciding whether to make a declaration. Guidance has been added on the Council giving/ receiving donations and clarification made for giving/receiving sponsorship. Additional clarification has also been made of terms used regarding officer tiers in Appendix A.

The Regulation of Investigatory Powers Act (RIPA) and Investigatory Powers Act (IPA) Policy has been updated with some minor changes to include reference & links to Home Office Code of Practices for Covert Surveillance and Property interference (Aug 2018), Interception of Communications (Dec 2022) and Covert Human Intelligence Sources (Dec 2022). Links to other relevant legislation have also been added throughout the document.

The Head of Audit and Management Assurance presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'A' to these Minutes in the Minute Book.

The report comprised the annual review of the Council’s Anti-Fraud & Corruption Policy, Whistleblowing Policy, Declaration of Interests, Gifts & Hospitality Policy (for Officers) and Regulation of Investigatory Powers Act (RIPA) & Investigatory Powers Act (IPA) Policy. Review of the policies was reported to have taken place to ensure they were updated in line with best practice and legislation.

The Committee was referred to minor changes made to the Council’s Anti-Fraud & Corruption Policy including updating manager guidance to clarify arrangements for contacting the Police and the Insurance Team where a theft or burglary had occurred. Appendix C of the ‘Anti-Money Laundering Requirements’ policy had also been updated with additional possible indicators of money laundering identified and an updated link to relevant legislation.

The Whistleblowing Policy had been updated with minor changes including amendments to the outcome template letter, an updated Children’s safeguarding contact number and Employment Rights Act legislation reference. Minor amendments had also been made to the Seven Stage Whistleblowing Policy (Appendix 1) to clarify the process. In addition, in Section 6 of the policy ‘How Is This Policy Implemented’, the process to follow where an individual is dissatisfied with the outcome response or the process followed had been highlighted.

Some changes had been made to the Council’s Declaration of Interests, Gifts & Hospitality Policy (for Officers) including a clearer statement that the Council requires all employees to consider their specific job role, not just their Council employment and personal circumstance when deciding whether to make a declaration. Guidance had also been added on the Council giving/ receiving donations and clarification made for giving/receiving sponsorship. Additional clarification has also been made of terms used regarding officer tiers in Appendix A.

The Regulation of Investigatory Powers Act (RIPA) and Investigatory Powers Act (IPA) Policyhad been updated with some minor changes to include reference and links to Home Office Code of Practices for Covert Surveillance and Property interference (Aug 2018), Interception of Communications (Dec 2022) and Covert Human Intelligence Sources (Dec 2022). Links to other relevant legislation were also reported to have been added throughout the document.

The changes had been approved by the Equalities Impact Assessment Panel meeting on 9 February 2023.

RESOLVED that the Audit and Governance Committee approve the Council’s Anti-Fraud & Corruption Policy, Whistleblowing Policy, Declaration of Interests, Gifts & Hospitality Policy (for Officers) and the Regulation of Investigatory Powers Act (RIPA) & Investigatory Powers Act (IPA) Policy for the 2023/24 financial year.

Voting: Unanimous

Evolutionary changes to the Council’s Financial Regulations are summarised in this report and shown in red text throughout the document at Appendix A and include: 

A very minor clarification for maintained schools has been added, using waiver sign off as an example, to recognise schools have the ability to sign off certain financial matters according to their own schemes of delegation hierarchy.

References to Poole Housing Partnership managing the Poole locality side of the Housing Revenue Account have been removed.

Part G, Procurement and Contract Procedures, has been subject to layout changes to the format, numbering and ordering to more naturally follow the order of activity associated in a procurement process and to align to the ‘Government Commissioning & Procurement Playbook’.

For simplicity the whole of Part G has been shown in red text, to indicate a change from previous versions, but the actual requirements in the context of what is expected of Council staff when commissioning and procuring works, goods and services are not fundamentally different.

There are three changes to the Corporate Schedule of Financial Delegations, Appendix 1 to the Regulations. These changes include :

o   Revenue Virement delegation clarification (RV6)

o   A new expenditure delegation (EX13) for special severance payments to align with statutory guidance (May 2022)

Expansion of a previous delegation, covering only business rates, to now include Council Tax and any other tax rebate relief (TR1) where the Council must implement a fully funded government programme or scheme.

The Head of Audit and Management Assurance presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'B' to these Minutes in the Minute Book.

Evolutionary changes to the Council’s Financial Regulations were summarised with changes shown in red text throughout the document at Appendix A to the report. The changes included the addition of a very minor clarification for maintained schools, using waiver sign off as an example, to recognise that schools have the ability to sign off certain financial matters according to their own schemes of delegation hierarchy. References to Poole Housing Partnership managing the Poole locality side of the Housing Revenue Account had been removed.

Part G, Procurement and Contract Procedures, had been subject to layout changes to the format, numbering and ordering to more naturally follow the order of activity associated in a procurement process and to align to the ‘Government Commissioning & Procurement Playbook’.

For simplicity the whole of Part G had been shown in red text, to indicate a change from previous versions, although the actual requirements in the context of what is expected of Council staff when commissioning and procuring works, goods and services were not fundamentally different.

Three changes to the Corporate Schedule of Financial Delegations, Appendix 1 to the Regulations were reported including Revenue Virement delegation clarification (RV6) and a new expenditure delegation (EX13) for special severance payments to align with statutory guidance (May 2022).

A previous delegation, covering only business rates, had been expanded to now include Council Tax and any other tax rebate relief (TR1) where the Council must implement a fully funded government programme or scheme.

RESOLVED that Audit and Governance Committee approve the Financial Regulations as shown in Appendix A of the report to the Audit and Governance Committee before referral to Council for adoption.

Voting: Unanimous

The report summarises the issues considered by the Constitution Review Working Group and sets out a series of recommendations arising from the Working Group for consideration by the Committee.

Any recommendations arising from the Committee shall be referred to full Council for adoption.

The Head of Democratic Services presented a report, a copy of which had been circulated to each Member and a copy of which appears as Appendix 'C' to these Minutes in the Minute Book.

The Committee considered a series of recommendations from the Constitution Review Working Group which had met on two further occasions since last reporting to the Council in December 2022. The objective of the work remained finalisation of the current phase of work prior to the inception of the new Council from May 2023. Any recommendations arising from the Committee would be referred to full Council for adoption.

The Committee was referred to a number of issues which the Working Group had identified as requiring no further action or which could be deferred for consideration by the new Council after the elections. The Committee was also presented with details of issues recommended by the Working Group for consideration by the Committee. In respect of each item a summary explanation was provided and the proposed changes shown in ‘track changes’ format for ease of reference and comparison as part of the detailed discussion at the Committee.

Although there was broad consensus, there was particular discussion around issues relating to public participation at meetings and the Committee was informed that, since reference of this matter back to the Committee by Council, an Equality Impact Assessment had been undertaken and received by the Working Group. Reflecting this, the Committee were of the view that the period for public questions should remain at 15 minutes whilst retaining the discretion of the Chairman to extend the time allowed. It was also agreed that the number of permitted questions should be limited to a maximum of three on any individual item of business although, within the 15 minutes period, questions be taken on a ‘rotation’ basis with a questioner’s second questions only being allowed after all other questioners had asked their first questions. There was also support for increasing the maximum word limit per question to 150 words as proposed by the Working Group and as set out in the report.

The Committee also considered a proposed series of changes to and associated with the scheme of delegation to the Planning Committee and particularly around the number of public representations required to trigger referral of an application to the Committee and how this was being applied on practice. Consideration was also given to the role of ward Councillors within this context. Following discussion on the item, it was agreed not to support the recommendation at that time but rather to have the matter brought back to the Committee, if possible on 9 March 2023, with the objective of allowing officers and the Constitution Review Working Group time to reflect on various points raised during the meeting and, to the extent considered appropriate, to  provide further clarity and or possible compromise solutions.

RECOMMENDED that

(a)     the amendments to the Constitution relating to the Regulatory Committees, as detailed in paragraphs 13(a) to (e) to this  ...  view the full minutes text for item 183.

The next meeting of the Committee will be on Thursday 09 March 2023 at 6pm.

The next meeting of the Committee was on 09 March 2023.