To receive any apologies for absence.

Apologies for absence were received from Councillor Stephanie Eaton and Co-opted Member Canon Michael Ainsworth.

Peter Hayday Service Head, Financial Risk and Accountability apologised that he was unable to attend to present the report at agenda item 6.1.

To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992. See attached note from the Chief Executive.

Councillor Ann Jackson declared a personal interest in regard to agenda item 5.1 in that she was newly employed by Deloitte.  Deloitte had been involved in a review carried out in 2008 which had assessed the management of the Mela event under the previous operational Trust.

To confirm as a correct record of the proceedings the unrestricted minutes of the meeting of the Overview and Scrutiny Committee held on 2 August 2011.

The Chair Moved and it was:-

RESOLVED

That the unrestricted minutes of the meeting of the Overview and Scrutiny Committee held on 2^nd August 2011 be approved and signed by the Chair as a correct record of the proceedings.

To be notified at the meeting.

Nil items

One Section One report was ‘called in’ following the meeting of Cabinet held on 3 August 2011.

To consider a call-in request made in respect of Cabinet’s decision o the Baishakhi Mela festival.

(Time allocated – 30 minutes)

The Chair invited Councillor Peter Golds, on behalf of the Call-in Members, to present the reasons for the call-in requisition. 

Councillor Golds highlighted the following issues that had caused the request to be made:

·               There was insufficient evidence to demonstrate that the community management issues by the Baishakhi Mela Trust had been resolved.  These had necessitated that the Council take over the management of the event and this had been reported to Cabinet in November 2008 (CAB 065/089)

·               There were issues concerning the inappropriate media use of the Baishakhi Mela as a platform for political purposes and an Ofcom investigation was being undertaken.

·               The length of the agreement was too long and raised operational and contractual risks

·                 The issues identified in Cabinet’s report in 2008 had not been resolved

The Committee did not wish to ask any questions of Councillor Golds.

Councillor Rania Khan, Cabinet Member for Culture and Heather Bonfield, Interim Head of Culture responded to the issues raised.  The following information was given:

·               The Council’s management of the event had been undertaken as a temporary measure; it was always the Council’s intention that the management of the Mela be returned to the community.  The decision put before Cabinet fulfilled this intention.

·               The Ofcom investigation had not raised any concerns around the Council's running of the Mela for political gain but had criticised media coverage of the event by Channel S broadcaster

·               The proposed 9 year agreement allowed sponsorship relationships to be developed.  Any potential risks had been mitigated by the incorporation of reviews after 1, 3 and 6 years within the 9 year period.  The agreement concerned permission to use Weavers Field and was not a contractual term.

·               Since the Council had been managing the Mela, a new Trust had been established.  The Council intended to consider applications from the community/non profit sector to manage the Mela under an SLA."

It was the Mayors wish that the Mela be delivered independently from the Council therefore the Interim Head of Culturewas investigating external organisers, through a competitive commissioning process, who would bring a fresh approach and understood the business.

In response to questions to the Cabinet Member and Interim Head of Culture, the Committee received the following information:

• Whilst the Council had delivered successful events in its management of the Mela, there had been community consultation strongly indicating that the community wanted the festival to return to community management.
• Community views and feedback had informed the Council’s belief that issues which had necessitated that the Mela be managed by the Council had been resolved and its management could be put back to the community.
• £30,000 had been set aside from S106 agreements for Mela support.  Other funding was expected to be required but sources had yet to be identified.
• The success of the event, once returned to community management, would be measured by turnout, levels of community engagement and public feedback.
• Concerning questions about the length of the  ...  view the full minutes text for item 5.1

To consider the first quarter performance and budget monitoring report.

Co-opted Member, Mr Mushufique Uddin joined the meeting at 7:55 p.m., during the presentation of this item. 

Councillor Choudhury, Cabinet Member for Resources, Chris Naylor, Corporate Director for Resources and Kevin Kewin, Strategy and Performance Manager presented the report circulated at item 6.1.

The Committee was invited to comment on the style of presentation of the performance data which had been adapted in order to give year-on-year comparison for the same time at each reporting period (current performance could be compared to that in the same period in the previous year).  No comments were made.

In response to Members’ questions on the performance monitor, the Committee received the following information:

• Due the economic downturn, presentation of the Enterprise Strategy to Cabinet had been delayed in order to allow more time for the paper to be prepared.
• Performance data against aspirational targets had been added with the aim of comparative of reporting year-on-year performance.
• The monitor also reported on residents’ perceptions.  This data was gathered from residents’ surveys but results would not be available until the next quarter.
• Concerning the “red” RAG rating for target J 18 (Olympics), the Committee was informed that this data was reported less frequently.  Activity had been measured against the strategic plan and the RAG rating enabled the Committee to see whether the target was on schedule or if there had been slippage.

The Cabinet Member for Resources informed the Committee that the Council presently was on track to achieve savings targets but the economic prospects were unfavourable.  The Council had vired some funds from its growth provision to some other budgets.  The Corporate Director, Resources informed the Committee that Section 3 of the report gave data on the expected General Fund outturn position in the first quarter and Directorates’ forecasts this year incorporating a higher level of budget scrutiny.  The Council was reviewing its spending profiles and looking at what plans were in place to ensure that savings were delivered against these.  This year, budgets had been scrutinised before allocating them in order to test that specified funds were needed.  There was also a higher level of scrutiny of employment costs.  Monitoring of the forthcoming quarter would give an indication of how performance was progressing.

In response to Members’ questions on financial performance for the quarter, the Committee received the following information:

• No slippage had been reported in the Adults Health and Wellbeing Community Strategy. 
• The Children Schools and Families Directorate had projected nil variance in its budgets.  This would be monitored by the Corporate Director, Resources.
• Third Sector budgets were now incorporated into Development and Renewal Directorate.  The risk of overspend had been identified and was reported but was not considered a risk at this time in the budgetary year.
• Budgets for East End Life publication and home to school travel were being monitored and no specific areas of concern presently existed.
• Adults Health and Wellbeing Directorate forecast that measurements against equality impact assessments were at breakeven.  The Corporate Equality Steering Group  ...  view the full minutes text for item 6.1

To consider the consultation documentation, currently being used to consult the residents of Tower Hamlets on a new policy in relation to sex establishments in the borough.

Colin Perrins Head of Commercial Services presented the report circulated at agenda item 6.2.

The Committee was informed that, as a result of new legislation on the regulation of sex establishments; the Council had produced a draft policy.  Overview and Scrutiny Committee was invited to submit its comments as part of the consultation.  The community would also be consulted by utilising focus groups and East End Life publication.

Councillors requested that supermarkets, day centres, hospitals and doctors surgeries be added to the consultation scope and asked to be informed of consultation outcomes.

Action:            Colin Perrins Head of Commercial Services

In response to Members’ questions, the Committee received the following information:

• The new legislation did not allow sex establishments to be banned on moral grounds.  However the Council was able to use equality impact assessments and a range of criteria to gauge where in the borough such establishments would be suitable or not.  Demographics of the Wards within the borough could also be taken into account.
• Comments on all aspects of the policy were sought.  A consultation team had been established to advise how to convey the message extensively throughout the borough. 
• Implementation of the new legislation would require all sex establishments to reapply for a licence.  The Council was expecting legal challenges and had therefore sought legal advice on how to carry out the process.
• The policy was discretionary therefore neighbouring councils had discretion to implement the policy as they wished within the scope of the legislation.
• Four focus group sessions (face-to-face consultation) were held in paired LAP areas.
• Although there was no specific figure for the consultation response stipulated in the guidance, Trading Standards and Environmental Health Service was looking to achieve the highest possible return.  This would be published. 

RESOLVED

1.         That the report be noted

2.         That the Committee's consultation response be completed, collated and submitted to Colin Perrins Head of Commercial Services

To informs the committee of the process that has been established by which the Mayor may take decisions outside the context of the Cabinet meeting when necessary

John Williams, Service Head, Democratic Services presented the report circulated agenda item 6.3 outlining a new process that enabled the Mayor to take individual executive decisions.  A process, set out in the report, had been established to ensure that decisions were transparent and could be scrutinised.  Once taken, the decisions could also be called-in.

Mayoral decisions would be reported regularly as part of Overview and Scrutiny Committee business

Action:            Democratic Services

In response to Members’ questions, the Committee received the following information:

• Any Mayoral decisions would follow the call-in procedure used for Cabinet decisions. 
• Overview and Scrutiny Committee would be able to refer any called-in Mayoral decisions back to Cabinet. 
• It was not anticipated that there would be need for any special Overview and Scrutiny Committee meetings as the procedure would follow the same process as that for Cabinet decisions.  In the same way, any urgent decisions taken by the Mayor were required to be agreed through the Chair of Overview and Scrutiny.  The Chair informed the Committee that she would consider whether to call a special Overview and Scrutiny Committee meeting in certain circumstances.

RESOLVED

1.         That the report be noted.

2.         That a standing item be added to the agenda so that key decisions taken by the Mayor may be reported to the committee.

To receive a verbal update on the re-established Inner North East London Joint Health Overview and Scrutiny Committee as a standing joint committee and appointments to this body.

John Williams, Service Head Democratic Services gave a verbal update on appointments to the North East London Joint Health Overview and Scrutiny Standing Committee.  He informed the Committee that powers of appointment to this external body lay with Council.  A report would be presented to the next Council meeting to formally approve its establishment, note the number of representatives allocated to London Borough of Tower Hamlets which were to be politically proportionate and delegate powers of appointment to Overview and Scrutiny Committee.  The Authority had not been advised of any future meetings at this time; therefore appointments would be undertaken within the normal cycle of meetings.

RESOLVED

That the verbal update be noted.

To receive work programme for the Overview and Scrutiny Committee for the municipal year 2011-12.

Sarah Barr, Senior Strategy Policy and Performance Officer presented the report circulated agenda item 6.5.  Following the Committee's workshop held in August 2011, a work programme had been proposed containing work which would be undertaken by the committee throughout the year.  Reports and findings from this work would be reported at the Committee’s monthly meetings.  The work programme circulated at appendix A was divided according to the relevant portfolio areas. 

To ensure that scrutiny remained reactive Members were asked to have regard to over-commitment to the work programme. 

The Chair invited Co-opted Members to indicate any areas of the work programme in which they wish to become involved. 

The following responses were given:

Rev James Olanipekun indicated that he wished to participate in the topics concerned with One Tower Hamlets matters and as well as education matters.

On behalf of Canon Ainsworth the Chair advised that he wished to participate in work with cultural issues.

Jake Kemp indicated that he would be interested to participate in broader topics involved with children's schools and families in addition to education matters.

RESOLVED

That the work programme be noted.

(Time allocated – 40 minutes).

Nil items.

(Time allocated – 5 minutes each)

The following updates were given by Committee Members in regard to their Scrutiny Lead areas: 

Councillor Uddin had recently met with Sarah Barr to progress housing policy scrutiny and would be looking to scrutinise S106 matters.

Councillor Whitelock was monitoring how the Children's Centres were progressing following their restructuring.

Councillor Z Rahman was pursuing her investigations on cultural matters relating to the Authority’s services.

Councillor Saunders informed the Committee that a letter had been drafted to the mergers and competition commission concerning the merger between Newham, Barts and the Royal London and Whipps Cross NHS Hospital Trusts

RESOLVED

That the report be noted

Nil items.