Agenda and minutes

To consider any appeals in accordance with Procedure Rule 25 of the Access to Information Procedure Rules (in the event of an Appeal the press and public will be excluded).

(*In accordance with Procedure Rule 25, written notice of an appeal must be received by the Chief Democratic Services Officer at least 24 hours before the meeting)

There were no appeals against the refusal of inspection of documents.

However the Committee noted correspondence in relation to a request  by Councillor Illingworth for an  appeal  against refusal of inspection of documents  which  request was found to  have been invalid as the document requested did not form part of the background papers to the report on Item 10 of the agenda.

1  To highlight reports or appendices which officers have identified as containing exempt information, and where officers consider that the public interest in maintaining the exemption outweighs the public interest in disclosing the information, for the reasons outlined in the report.

2  To consider whether or not to accept the officers recommendation in respect of the above information.

3  If so, to formally pass the following resolution:-

  RESOLVED – That the press and public be excluded from the meeting during consideration of the following parts of the agenda designated as containing exempt information on the grounds that it is likely, in view of the nature of the business to be transacted or the nature of the proceedings, that if members of the press and public were present there would be disclosure to them of exempt information, as follows:-

There were no resolutions to exclude the public.

To identify items which have been admitted to the agenda by the Chair for consideration.

(The special circumstances shall be specified in the minutes)

There were no late items submitted to the agenda for consideration.

To declare any personal / prejudicial interests for the purpose of Section 81(3) if the Local Government Act 2000 and paragraphs 8 to 12 of the Members Code of Conduct.

Councillor Leadley declared a personal interest in Agenda item 10 (Minute 64 refers) as a Member with involvement in the case of Technoprint Plc and Snee V Leeds City Council.

To receive any apologies for absence.

Apologies were received from Councillor S Smith and Councillor J Elliot.

To confirm as a correct record the minutes held on 29^th September 2010.

The minutes of the Corporate Governance and Audit Committee meeting held on 29th September 2010 be approved as a correct record.

To receive a report of the Director Of Resources providing information on the implications of the Government’s spending review which was announced on 20^th October 2010.

The Director of Resources presented his report which provided information on the implications of the Government’s spending review which was announced on 20^th October 2010.

Members discussed the report and commented on the importance of the Council having good systems and controls in place to competently undertake its responsibilities in light of the cuts announced in the Government’s spending review. Members raised questions with regards to the meaning of the figures mentioned in the report  and the consultation that will take place with regards to the budget proposals.

Members considered the provision for the building of new social housing under the New Homes Bonus Scheme, and the grant funding that will be received by the Council for each new home built. It was confirmed that this money could be used as the Council best sees fit.

Members also voiced concerns about the future provision for Police and Fire Services in Leeds in light of the Government spending review.

RESOLVED – The Committee resolved to:

• note the contents of the report and its appendices; and
• to continue to review and monitor as appropriate the changes that take place following the Government’s Spending review.

At this point in the meeting the Chair informed the Committee that item 10 on the agenda, Judicial review - Lessons Learned, would be considered as the last item on the agenda in order for a detailed discussion to take place on the item.

(Councillor J. Lewis entered the meeting during the discussion of this item at 10.15am)

To receive a report of the Director of Resources providing assurance on the robustness of internal controls in operation to prevent duplicate payments in accordance with the terms of reference of the Corporate Governance and Audit Committee.

The Head of Internal Audit presented a report of the Director of Resources which provided assurance on the robustness of internal controls in operation to prevent duplicate payments in accordance with the terms of reference of the Committee.

Members discussed the costs of recovering duplicate payments. Concerns were raised that although nearly all the money paid out in duplicate payments to date had been recovered, duplicate payments had been processed and authorised in the first instance.

The Committee acknowledged the work undertaken by Internal Audit in recovering duplicate payments and asked that Members of the Committee be provided with details of the Directorates in which duplicate payments had been made and the amounts. The Head of Internal Audit confirmed that he would circulated this information.

RESOLVED -  The Committee resolved to note the contents of the report.

To receive a report of the Assistant Chief Executive (Corporate Governance) presenting the outcome of the review The Governance Framework for Significant Partnerships in light of the abolition of Comprehensive Area Assessment (CAA) and current resource constraints, and the subsequent amendments which have been made to the Framework and the monitoring process.

The Head of Governance Services presented a report of the Assistant Chief Executive (Corporate Governance) which presented the Committee with the outcome of the review of the Governance Framework for Significant Partnerships in light of the abolition of the Comprehensive Area Assessment and current resource constraints. The report also informed the Committee of the subsequent amendments which have been made to the framework and the monitoring process.

Members discussed the report and sought further assurances concerning the way in which partnerships will be monitored.  Members were particularly supportive of the governance arrangements of partnerships on the Council’s register of Partnerships being subject to on-going ‘spot checks’  by Directors and by Internal Audit.

RESOLVED – The Committee resolved to;

• note the outcome of the review of the Governance Framework for Significant Partnerships, and the amendments made; 
• receive the list of 34 significant partnerships currently registered; and
• receive reports by exception where spot checks of partnerships highlight concerns with governance arrangements.

To receive a report of the Assistant Chief Executive (Corporate Governance) updating the Committee on the progress that has been made in implementing the 2010/11 Corporate Governance Statement Action Plan.

The Corporate Governance Officer presented a report of the Assistant Chief Executive (Corporate Governance) which updated the Committee on the progress that has been made in implementing the Corporate Governance Statement Action Plan.

The Committee reviewed the Action Plan and agreed that efforts to complete the Improvement Activities detailed in the Action Plan should continue which in certain areas could help the Council achieve value for money.

RESOLVED  - The Committee resolved to:

• note the progress made to date on the Corporate Governance Statement Action Plan; and
• receive a further update on progress in April 2011.

To receive a report of the Assistant Chief Executive (Corporate Governance) notifying and inviting comment from the Committee upon the work programme for the remainder of the 2010/11 municipal year.

The Assistant Chief Executive (Corporate Governance) submitted a report notifying Members of the draft work programme for 2010/11.

The Committee resolved to note the draft work programme for the remainder of the 2010/11 municipal year.

To receive a report of the Assistant Chief Executive (Corporate Governance) informing Members about the outcome of the case Technoprint Plc and Snee V Leeds City Council, a judicial review of a planning decision.  The report focusses on the implications for the Council’s governance arrangements, and identifies improvements which have or should be made, to current practices.

The Assistant Chief Executive (Corporate Governance) presented her report informing the Committee of the outcome of the case Technoprint Plc and Snee V Leeds City Council, a judicial review of a planning decision. Officers reported on the decision of the Court and its implications for the Council’s governance arrangements, and identified improvements which have or should be made, to current practices. As background information to this the Committee was given a chronological summary of the case by Councillor Leadley who had been involved in the case from the initial complaint against the Council.

Members discussed the report in detail commenting on the need for the Council to ensure that lessons are learned from the case, specifically in terms of decision making arrangements and the planning application process, with the aim to ensure the Council avoids litigation on technical matters in the future. Members expressed a desire for the Council to be as open and transparent as possible in its decision making and that decisions made should be open to challenge.

Members further discussed the process for informing Members of significant litigation  relating to the authority. Members highlighted a need for a proportionate procedure to be introduced for  relevant Members to be informed in advance, of any cases, which potentially could be damaging to the Council. As part of this discussion Members also commented on the financial cost of litigation to the Council.

RESOLVED  - The Committee resolved to:

• note the outcome of the case Technoprint Plc and Snee V Leeds City Council, in relation to the governance issues arising;
• note that the Joint Plans Panel have considered the planning issues arising form the case, and that the Panel have initiated a review of the delegation to the Chief Planning Officer;
• note the steps proposed or already taken by the Assistant Chief Executive (Corporate Governance) to improve the governance arrangements relating  to;
  • the approval of the delegation scheme relating to Council functions; 
  • the provision of documents  to Committees outside the 5 clear day notice period; and

• request a report on  proposals for arrangements  for informing relevant Members of  significant legal cases involving the authority.