PAPER B

REASON FOR SELECT COMMITTEE CONSIDERATION

1.        To receive information relating to :-

           a.        the statutory requirements for a Forward Plan ;

           b.        to role of the Forward Plan in the Isle of Wight Council’s Constitution ;

           c.         Planned developments to the Forward Plan.

2.        To make recommendations which may improve the benefit of the Forward Plan to Select Committees and others.

BACKGROUND

The Select Committee, at its meeting on 19 June 2003, believed that it should look at the Forward Plan to see how effective it was in identifying in advance items that required scrutiny.

The development of the overview and scrutiny function is based upon an effective and challenging Select Committee process that is capable of holding the Executive to account. This can be done through a number of measures such as attending Executive meetings, call ins and most importantly examining the Forward Plan.

The Forward Plan is updated on a monthly basis covering a period of four months. Legally it must contain matters which there is reason to believe will be the subject of Key Decision’s to be taken by the Executive, a committee of the Executive or individual Portfolio Holder or Officer during the period covered by the Plan. As not all planned Key Decisions will be known about four months in advance notice of decisions will be added to each monthly update.

Statute requires that the following details are required to be shown on the Forward Plan :

           i.          the matter in respect of which a decision is to be made;

           ii.         where the decision taker is an individual, his/her name and title, if any and where the decision taker is a body, its name and details of membership;

           iii.        the date on which, or the period within which, the decision will be taken;

           iv         the identity of the principal groups whom the decision taker proposes to consult before taking the decision;

           v.         the means by which any such consultation is proposed to be undertaken;

           vi.        the steps any person might take who wishes to make representations to the Executive or decision taker about the matter in respect of which the decision is to be made, and the date by which those steps must be taken; and

           vii.       a list of the documents submitted to the decision taker for consideration in relation to the matter.

A Key Decision is defined in Article 4 of the Constitution, as adopted by full Council, as one that is likely either :

           1.        to result in the authority incurring additional expenditure or a reduction in expenditure exceeding £250,000 in any one year or any individual service or function to which that decision relates; or

           2.        it is otherwise significant in terms of any individual service to the public.

If an item, which is a Key Decision, arises which is not in the Forward Plan and has to be taken at short notice, the Strategic Director for Corporate Services will ensure that the Chairman of the relevant Select Committee is notified - or in his or her absence, the Chairman of the Council - and that a minimum of three days notice has been given that the Executive intend to consider the item. Such an item can only be considered with less than three days notice where agreement has been obtained from the Chairman of the relevant Select Committee or, in his or her absence, the Chairman of the Council. The reason for urgency must be stated setting out why the decision cannot wait until the next Forward Plan, and why it was not known about in advance.

The Forward Plan must be published at least 14 days before the start of the period covered. Thus at the June meeting of the Select Committee members were able to consider relevant items coming within its remit that were included in the July to October 2003 Forward Plan and determine whether to add any of those items to its workplan.

The Leader of the Council is intending to make some amendments to the format of the Forward Plan. This will include identifying a contact officer for the item, a column to identify the relevant Select Committee, reasons for any slippage from one date to another and pending issues.

Attached as Appendices 1 and 2 are blank pro formas showing the existing Forward Plan template and the proposed, revised, Forward Plan template.

Although the legislation places the responsibility for the preparation of the Forward Plan on the Leader the Head of Legal and Democratic Services undertakes this function. In practical terms the production of the Forward Plan is as a result of the efforts of Portfolio Holders, report authors and the Democratic Services team.

To assist in the Select Committee’s debate the Leader of the Council has been invited to attend.

RELEVANT PLANS, POLICIES, STRATEGIES AND PERFORMANCE INDICATORS

There are no national performance indicators in respect of the Forward Plan but a performance target to achieve 100% compliance with the statutory timetable is included in the Legal and Democratic Services draft service plan for 2004-06. Performance since March 2003 has been 100%.

CONSULTATION PROCESS

Directors Group receives the Forward Plan each month and uses it to plan its consideration of reports due to be received by the Executive. Also monthly each Portfolio Holder publicly updates the Executive on changes to the published Forward Plan.

FINANCIAL, LEGAL, CRIME AND DISORDER IMPLICATIONS

The Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 and Amendment Regulations 2002 contains the requirements in relation to the content and publication of the Forward Plan. The wording of the appropriate section states ‘A Forward Plan shall be prepared, in accordance with this regulation and regulation 14, by the Executive Leader.’

APPENDICES ATTACHED

Appendix 1     Current Forward Plan pro forma.

Appendix 2     Proposed, revised, Forward Plan template.

BACKGROUND PAPERS USED IN THE PREPARATION OF THIS REPORT

Council Constitution.

Contact Point : John Lawson, ☎ 823207 e-mail [email protected]

JOHN LAWSON

Head of Legal and Democratic Services