Agenda and draft minutes

Prayers were offered by the Vice Chairman Councillor J.R. Bartley at the commencement of the meeting.

To receive apologies for absence.

Members to declare any personal or prejudicial interests in any business identified to be considered at this meeting.

No personal or prejudicial interest were declared.

Notice of items which, in the opinion of the Chair, should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972.

No items were raised which in the opinion of the Chair, should be considered at the meeting as a matter of urgency pursuant to Section 100B(4) of the Local Government Act, 1972.

To consider a report by the Head of Legal and Democratic Services (copy enclosed) on the statutory review of political balance and to consider committee membership requirements.

A copy of a report by the Head of Legal and Democratic Services (HL&DS), which facilitates the statutory review of political balance and considers Committee membership requirements, had been circulated with the papers for the meeting.

The Democratic Services Manager introduced the report which contained information to assist the Council and the political groups to allocate seats on various committees, in accordance with the statutory political balance provisions of the Local Government and Housing Act 1989 and Regulations.  The statutory obligation being to give effect, so far as reasonably practicable, to the four principles set out in the Act aimed at avoiding single party committees whilst allowing a majority party the majority of the seats on a committee.

Details of the Committees and Panels of the Council, and the total number of “available” seats which required distribution on a politically balanced basis, had been included in Appendix 2.  The Local Government Measure (Wales) 2011 required the establishing of 2 new committees; an Audit Committee and a Democratic Services Committee.  The Measure also stipulated how the positions of Chairs of the Scrutiny Committee would be allocated, reflecting a position in favour of scrutiny chairs being, as far as possible, independent from the leadership of a Council and linked to political balance.

A summary of issues for the Groups to consider when appointing their Members to Committees had been outlined in the report and included:-

·        Cabinet Members could not be Members of a Scrutiny Committee, the Corporate Governance Committee or the Democratic Services Committee.

·        Membership of the new Democratic Services Committee to be 11 Councillors, not to include a Cabinet Member, with the Committee being politically balanced.

·        The Corporate Governance Committee to be the new Audit Committee consisting of 6 elected Councillors, not to include a Cabinet Member, and a lay-member, all to be appointed by full Council.  Membership to include the Vice Chairman of the Council and Corporate Governance Members should not be Members of a Scrutiny Committee.

·        The Local Joint Consultative Committee to include 1 Cabinet Member, preferably the Cabinet Member with responsibility for HR matters.

·        The Corporate Health, Safety and Well-being Committee to include 8 Councillors, appointed by the political groups, and 8 trade union representatives.

·        A Member to be appointed to the Fostering Panel and the Joint Adoption Panel.

·        The Standing Advisory Council for Religious Education (SACRE) membership to include 8 Councillor Members and representatives from religious denominations, teacher associations and co-opted members.

·        The Standards Committee membership to include 2 County Councillors.

Councillor J. Butterfield referred to the excellent work undertaken by Councillor J. Chamberlain-Jones as a member of the Fostering Panel and the Joint Adoption Panel and supported her appointment to the post.  She challenged the allocation of seats on the Corporate Governance Committee and requested that the figures be reviewed and that the Labour Group be allocated 3 seats and the Independent Group 1 seat on the basis that the Labour Group were the largest Group on the Council.

In response to a question from Councillor D.I. Smith regarding the allocation of Chairs for Scrutiny Committees, the HL&DS explained that this matter had been clarified with Welsh Government officials who had confirmed that the Local Government Measure (Wales) 2011 set out how to determine the number of Scrutiny Committee Chairs the Groups would be entitled to allocate, but did not specify a process for allocating Committees to Groups.  This would be a matter for the respective political Groups to determine and not an issue for determination by Council.

The Head of Legal and Democratic Services (HL&DS)  ...  view the full minutes text for item 4.

To consider a report by the Scrutiny Chairs and Vice Chairs Group / Scrutiny Co-ordinator (copy enclosed) for Council to consider the Annual Report of the Scrutiny Committees for 2011/12.

A copy of a joint report by the Scrutiny Chairs and Vice Chairs Group and the Scrutiny Coordinator which, in accordance with the Denbighshire’s Constitution, presented to Council the Scrutiny Committees’ Annual Report on their activities during 2011/2012, had been circulated with the papers for the meeting.

The Scrutiny Coordinator explained that the Annual Report would assist in introducing the work of the Scrutiny Committees and the role to all elected Members.  The report included the results of a self-evaluation exercise undertaken to measure the effectiveness of the scrutiny function.  Last years self-evaluation exercise had identified some areas which required further work in order to strengthen them, these areas had again been appraised against the findings of this year’s self-evaluation exercise and the conclusion drawn been included on pages 6 and 7 of the Annual Report.

The Scrutiny Chairs and Vice-Chairs Group had expressed concern regarding the recurring problem of maintaining a quorum at Scrutiny Committee meetings.  Whilst there had been no evidence that this had impaired scrutiny’s effectiveness it was felt there was potential to undermine scrutiny and the democratic process in the long run.  Consequently the Group had recommended that at the end of the 2012/13 municipal year the attendance record of each individual Member of the Council’s Scrutiny Committees be published in the Annual Report.  A meeting record would indicate apologies tendered, if submitted prior to the meeting being held.  

The new Scrutiny Committee structure had been introduced in 2011/12 with four operational based Scrutiny Committees being replaced with three thematic Committees.  Details of the review of the effectiveness of the new structure had been evaluated and included in the Report.  The general conclusion being that, subject to a few minor modifications, the new structure was fit for purpose. 

Details of the new powers and duties to be conferred on Local Authority Scrutiny Committees, following the enactment of the provisions of the Local Government (Wales) Measure 2011, had been outlined in the report. Further information regarding the provisions, and the options they present, would be presented to Members following the publication of the final statutory guidance.  

Councillor H.L. Jones referred to the appointment of new Members to the Council and the importance of noting the changes and work undertaken by scrutiny during the last year.  The need to ensure Scrutiny Committee meetings were quorate was highlighted and it was confirmed that attendance records would be included in the Annual Report for 2012/13.  A scrutiny information pamphlet had been published to generate residents’ interest in scrutiny’s work and this would be replicated to summarise scrutiny’s work for 2011/12.  Councillor Jones referred to paragraph 4.8 of the report which outlined 6 of the new powers and duties bestowed on Scrutiny Committees under the provisions of the Local Government (Wales) Measure 2011, and to Annex 7, the Scrutiny Referral and Interface Chart, which outlined the role and status of scrutiny within the Council.

Councillor D.I. Smith explained that being a Member of a Scrutiny Committee provided an invaluable insight into the operational aspects of the Council. He referred to the number of issues examined by the Communities Scrutiny Committee   and explained that he was proud of the work undertaken by the Committee and the subsequent outcomes.

Councillor R.L. Feeley referred to the effectiveness of scrutiny which had been endorsed by the Estyn Inspection Report, as highlighted on page 39 of the Annual Report.  She explained that the Performance Scrutiny Committee had successfully linked Members to individual service efficiency challenges which had assisted in distributing workloads and responsibilities.

The Chief Executive thanked Members and officers for the  ...  view the full minutes text for item 5.

To consider a report by the Head of Legal and Democratic Services (copy to follow) relating to the Council’s scheme of remuneration for Members.

A copy of a report by the Head of Legal and Democratic Services, which detailed the options for the allocation of Senior Salaries in accordance with the recommendations of the Independent Remuneration Panel for Wales for the financial year 2012/13, had been circulated with the papers for the meeting.

At its meeting on the 15^th May, 2012 Council considered a report on Members’ Remuneration which set out the provisions contained within the Independent Remuneration Panel for Wales’ report.  Council allocated 14 Senior Salaries and expressed a wish to consider options in respect of whether or how the remaining 3 possible Senior Salaries should be allocated.

The HL&DS provided a summary of the report which outlined details pertaining to the:-

·        payment of Senior Salaries.

·        payment of Civic Salaries to the Chair and Vice of Council.

·        number of Senior Salaries the Council may allocate being limited to 17.

·        positions prescribed by the Panel to which a Senior Salary may be allocated.

It was explained that Council may, but would not have to, allocate a further 3 Senior Salaries.  Council had determined that the Chair of Democratic Services Committee would not attract a Senior Salary as the Committee was likely to only meet once a year.  The remaining positions eligible for a Senior Salary were Band 3 - Leader of the Largest Opposition Group and Band 4  - Leaders of other political Groups.  Members were reminded that there were 4 political Groups on the Council and only 3 Senior Salaries which may be allocated. 

The HL&DS provided a summary of the 4 possible options for consideration by Council, which had been included in the report, together with the relevant costs and the possible affect on other services.

Councillor S.A. Davies expressed the need to retain the allowances and supported the principle incorporated in Option 3 and suggested that further options be examined, such as the possible inclusion of payments for Champions, for the remaining 2 senior salaries.  The HD&LS provided details of the Measure which required the Council to implement the recommendations of the Independent Remuneration Panel for Wales which set out the senior salaries which could be paid, as indicated in 4.5 of the report. 

Reference was made by Councillors C. Hughes and G.M. Kensler to the appointment of Group Leaders to Cabinet, the timescales for reviewing Members’ remunerations in respect of political balance and the monitoring of the performance of Group Leaders.

Councillor J. Thompson-Hill highlighted two issues which he felt should be considered, the element of justification for allocating salaries to Group Leaders and consideration being afforded to a situation where a Group Leader, who was also a Cabinet Member, forgoes the salary of Cabinet Member if they vacate the post.  He explained that he felt that Option 1 would be the preferred Option and that the number of Senior Salaries be capped at 14.

Councillor T.R. Hughes supported Option 1 with the suggestion that the money saved be utilised to provide dog fouling collection bags, as an alternative to the provision of additional Member training.  Councillor E.W. Williams referred to the costs involved in addressing the problem of dog fouling and suggested that this issue be examined separately.

It was explained by Councillor H.H. Evans that one of the main issues of the previous Council had been ineffective communication between the executive and Members.  He felt that the appointment of Group Leaders on Cabinet would provide stronger political leadership and improve accountability.  He referred to the Councils’ Constitution which referred to the restriction of payments to Leaders of Groups with less than  ...  view the full minutes text for item 6.