Agenda and minutes

The Chair welcomed everyone to the meeting and introductions were made.

The Chair detailed the procedure of the meeting and outlined how the Overview & Scrutiny Committee would consider the reasons for call in.

Apologies for absence were received from the Leader of the Council, Cllr Nesil Caliskan, and it was noted that Cllr Leaver, Cabinet Member for Finance & Procurement, would be answering any questions on her behalf.

The Committee noted that Councillor Alessandro Georgiou would present the reasons for the call-in as the Lead Call-in Member.

Members of the Council are invited to identify any disclosable pecuniary, other pecuniary or non-pecuniary interests relevant to the items on the agenda.

There were no declarations of interest received regarding any item on the agenda.

To consider passing a resolution under Section 100(A) of the Local Government Act 1972 excluding the press and public from the meeting for the items of business listed on the part 2 agenda on the grounds that they involve the likely disclosure of exempt information as defined in those paragraphs of Part 1 of Schedule 12A to the Act (as amended by the Local Government (Access to Information) (Variation) Order 2006). (Members are asked to refer to the part 2 agenda).

AGENDA – PART 2

AGREED in accordance with the principles of Section 100(A) of the Local Government Act 1972 to exclude the press and public from the meeting for the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3 of Part 1 of Schedule 12A to the Act (as amended by the Local Government (Access to Information) (Variation) Order 2006).

To review the decision of the Cabinet taken on 15 November 2023 as a result of the matter having been called-in.

The Overview & Scrutiny Committee were to consider and review KD5627 - Meridian Water Parcel 10 - taken on 17 November 2023 and included on the Publication of Decision List No. 31/23-24.

The decision had been called in for review by 7 members of the Council, namely Councillors: Alessandro Georgiou (Lead), Lee Chamberlain, Chris Dey, Peter Fallart, Stephanos Joannides, Paul Pratt, and Andrew Thorp.

The report sets out the officer response to the reasons for call-in.

The Chair asked that in future, the options available to the committee are presented in the same order throughout the report.

The Chair reminded members of the confidential nature of the issues covered by the report and to be discussed and asked, given the sensitive nature of the documents being discussed, that Members return any and all papers to officers at the end of the meeting, and reminded Members of their responsibility to dispose of them properly if they chose not to do so.

Members asked, as a point of procedure, why one of the documents they had received, had not been distributed within the correct timeframe, and why some of the documents referred to had not been sent to Members at all. Officers apologised for the delay in sending the confidential legal advice to members at the same time as the main report and advised that the further advice referred to by members, namely counsel’s advice, would not be sent to members of the committee; as it had not been considered by the Executive when making its decision, but had been distilled and explained more helpfully in the document that had been made available.

The Chair acknowledged this, and felt it was appropriate to continue with the call-in.

The reasons for call-in received from seven Members of the Council, together with officer responses.

Reasons for the call-in were presented by Councillor Alessandro Georgiou, Lead Call-in Member for the decision.

Cllr Georgiou summarised the reasons for the call-in of the decision.

Cllr Georgiou asked that Members refer the decision back to the decision taker for reconsideration.

Cllr Leaver and officers spoke in response to the reasons for call-in, and questions posed by Members of the committee.

The original decision documents.

Cllr Georgiou summarised the points made during the discussion and reiterated his view that Members should refer the decision back to the decision taker.

The Chair summarised the key points made throughout the discussion and took Members of the committee through the options available to them, namely: refer the decision back to the decision-making person/body for reconsideration; refer the matter to full Council; or confirm the original decision.

The Overview and Scrutiny Committee considered the reasons provided for the Call-In and responses set out in the Officer’s report. Having considered the verbal responses and the information presented by the Cllr Leaver and relevant Officers, the Committee AGREED to confirm the original decision made by the Cabinet.

To note that the next Overview and Scrutiny Committee business meeting is scheduled to take place at the Civic Centre at 7pm on Monday, 15 January 2024.

Members NOTED the date of the next meeting, as set out in the meeting agenda, namely Monday 15 January 2024.

The Chair thanked everyone for their time and contributions, and the meeting ended at 20:43.