Agenda and minutes

To approve as a correct record and sign the Minutes of the meeting held on 28 November 2012.

The Minutes (copies of which had been circulated) of the meeting held on 28 November 2012 were approved as a correct record and signed by the chair.

Councillors and officers to declare any interests which they have in any of the items on the agenda for the meeting.

No declarations of interest were made.

To consider a report of the Service Director (Legal & Democratic Services)

This report considers the governance arrangements for the Health & Wellbeing Board after 1 April 2013, including resultant changes to the Council’s Constitution.

The Working Party is invited to consider the draft Article, the recommendations of the Shadow Health & Wellbeing Board and to recommend to the Council Meeting that the Article be adopted for inclusion in the Council’s Constitution and to delegate to the Council’s Monitoring Officer, in consultation with Group Leaders and the Chair of the Clinical Commissioning Group, the authority to make any necessary alterations to the Article that may arise as a result of forthcoming regulations.

Officer Contact: Jonathan Vali on 0161 474 3201 or e mail: jonathan.vali@stockport.gov.uk

The Service Director (Legal & Democratic Services) submitted a report (copies of which had been circulated) requesting the Working Party to consider the governance arrangements for the Health & Wellbeing Board after 1 April 2013, including resultant changes to the Council’s Constitution.

The Working Party was invited to consider the draft Article and the recommendations of the Shadow Health & Wellbeing Board.

The following comments were made/issues raised:-

•           A Member suggested that the Leader of the Council should be an ex officio member of the Board.

•           Clarification was required from the Department of Health on the appointment of a representative from the National Health Service Commissioning Board to the Health and Wellbeing Board.

•           The frequency of Disclosable Pecuniary Interests that GPs would be required to make could be problematical.

•           The Health and Wellbeing Board would be subject to scrutiny from the Council Committee responsible for Health Scrutiny.

RESOLVED:- (1) That four councillors be appointed to the Health and Wellbeing Board  (one from each of the political groups on the Council).

(2) That the governance arrangements for the Board be reviewed in twelve months’ time.

(3) That the Council Meeting be recommended to adopt the Article for inclusion in the Council’s Constitution and to delegate to the Council’s Monitoring Officer, in consultation with the Leader of the Council and the Chair of the Clinical Commissioning Group, the authority to make any necessary alterations to the Article that may arise as a result of forthcoming Government regulations.

NOTE: The Chair was of the opinion that this item, although not included on the agenda, should be considered as a matter of urgency in accordance with Section 100B(4)(b) of the Local Government Act 1972 in order that the amendment to the Constitution could be approved by the Council Meeting prior to the introduction of Council Tax Support in April 2013.

A representative of the Corporate Director, Corporate and Support Services submitted a report (copies of which had been circulated) proposing to amend PR3 in the Scheme of Delegation ‘General Delegation to all Directors, To the Corporate Director, Corporate and Support Services’ to delegate powers to determine applications for local Council Tax discounts.

The Working Party was advised that from April 2013 Council Tax Benefit (CTB) would be replaced by Council Tax Support (CTS). There would be some residual administration of CTB but all on-going awards would be for CTS. CTS was a Council Tax discount rather than a benefit. In addition some existing discounts were changing from mandatory national discounts to local discretionary discounts.

RESOLVED – That paragraph 7 in PR3 ‘Scheme of Delegation General Delegation to all Directors ‘To The Corporate Director, Corporate and Support Services’ be amended to read as follows:-

To be responsible for the collection and recovery of all Council Tax, National Non-Domestic Rates, residual Community Charge monies, and Housing Rents, and to determine applications for discretionary non-domestic rate relief and Council Tax discounts in accordance with the policy adopted by the Executive.

To consider a report of the Service Director (Strategy & Performance)

The Health and Social Care Act 2012 transfers responsibility for public health from the NHS to local authorities and specifies a number of statutory responsibilities and governance arrangements which need to be reflected in the Council’s Constitution.

The Working Party are asked to consider the changes to the Council’s Constitution which will be required to reflect the changes introduced by the Health and Social Care Act 2012, in particular:-

·         the Council’s new statutory responsibilities in relation to public health;

·         the role and responsibilities of the Director of Public Health as part of the Council’s management/governance structure

·         the implications of the above changes for the remit of the Health Scrutiny Committee and Stockport Partnership.

Officer contact: Donna Sager on 0161 474 3928 or e mail: donna.sager@stockport.gov.uk

The Service Director (Legal and Democratic Services) submitted a report (copies of which had been circulated) in connection with proposed changes to the Constitution arising from the Health and Social Care Act 2012. Under the Act public health and health improvement would become one of local government’s functions. The Act transferred responsibility for public health from the NHS to local authorities and specified a number of statutory responsibilities and governance arrangements which would need to be reflected in the Council’s Constitution.

The following comments were made/issues raised:-

•           The practical ramifications of the statutory ‘Duty to have regard to national guidance’’ referred to in the report.

•           The Council’s Appointments Committee would meet in February to appoint the Director and Deputy Directors of Public Health. These appointments had to be ratified by the Secretary of State for Health.

•           Whether the Joint Strategic Needs Assessment should form part of the Council Plan.

RESOVED – That the Council Meeting be recommended to amend the Scheme of Delegation in the Constitution to reflect the changes introduced by the Health and Social Care Act 2012 with regard to public health, in particular:-

•           The Council’s new statutory responsibilities in relation to public health;

•           The role and responsibilities of the Director of Public Health as part of the Council’s management/governance structure; and

•           The implications of the above changes for the remit of the Health Scrutiny Committee and the Stockport Partnership.

To consider a joint report of the Chief Executive and Monitoring Officer

To consider the report deferred at the Council Meeting held on 20 December 2012.

Officer contact: Craig Ainsworth on 0161 474 3204 or e mail: craig.ainsworth@stockport.gov.uk

 The Working Party considered a report (copies of which had been circulated) on Changes to the Constitution which had been deferred at the Council Meeting held on 20 December 2012.

The following comments were made/issues raised:-

•           Executive Question Time (paragraph 5.9 of the report)

A Member felt that the proposed procedure for Executive Question Time was too complicated and that it was preferable for responses to questions to Executive Councillors to be given immediately. In addition, it may be difficult to differentiate between the pre-amble to the question, a question and a comment. The new procedure could present difficulties for the Mayor at Council Meetings.

•           CP 3 Protocol on Councillor/Officer Relations – paragraph 98 ‘Political Assistants’

With regard to paragraph 98 of CP3 ‘Protocol on Councillor/Officer Relations’ ‘Political Assistants are to be given the same level of access to Council documents as that afforded to members’, a Member proposed that it be amended to afford Political Assistants the same level of access to Council documents as Group Leaders.

•           Appendix 2 to the report: Guidance on Publicity for Council Officers in the Pre-Election Period

A Member suggested that an additional paragraph be included in Appendix 2: Guidance on Publicity for Council Officers in the Pre-Election Period’ in order to clarify that individuals involved in the election could attend any Council Committee or event organised by the Council in relation to ward matters.

•           PR7 Access to Information Procedure Rules – paragraph 15 ‘General Exception’

A Member suggested that paragraph 15 (b) ‘General Exception’ of the Access to Information Procedure Rules be amended so that all Members of the Scrutiny Committee be advised of the matter in relation to which a decision is to be made.

•           PR 7 Access to Information Procedure Rules – paragraph 16 ‘Special Urgency’

A Member suggested that if there was no Chair of a relevant Scrutiny Committee, or if the Chair of each relevant Scrutiny Committee is unable to act, then the agreement of the Vice Chair should be sought.

The Monitoring Officer advised that the law provided for the agreement of the Mayor, or in his absence the Deputy Mayor, if there was no Chair of a Scrutiny Committee or s/he was unable to act.

•           PR 7 Access to Information Procedure Rules – paragraph 21.3.1 ‘Members of Scrutiny Committees to have access to documents’

A Member suggested that the last sentence of this paragraph be amended so that documents should be provided within 3 days but no later than 5 days after the request is received.

The Democratic Services Manager reported that the regulations provided for documents to be provided within a maximum of 10 days.

•           PR 7 Access to Information Procedure Rules – paragraph 21.3.3 ‘Members of Scrutiny Committees to have access to documents’

A Member suggested that the written statement should also include a list of who possessed the information and that individual cases be referred to the Monitoring Officer.

It was then

RESOLVED – (1) That the procedure for Executive Question Time as detailed in paragraph 5.9 of the report remain as recommended at the last meeting of the Working Party and reviewed in twelve months’ time.

(2) That paragraph 98 of CP3 ‘Protocol on Councillor/Officer Relations’ be amended to read as follows:-

Political Assistants are to be given the same level of access to Council documents as that afforded to members. Group Leaders are permitted to share Council documents containing exempt or confidential information with Political Assistants.

(3) That the Guidance on Publicity for Council Officers in the Pre-Election Period’ be amended by the inclusion of the following additional paragraph:-

‘This guidance does not in any way prevent individuals involved in the election from attending any Council Committee or event organised by the Council in relation to ward matters’,

and the second bullet point under RED:STOP being amended to read:-

‘Individuals involved in the election should  ...  view the full minutes text for item 6.