To receive the following Notices of Motion submitted in accordance with Standing Order 14.1:
(A) Motion proposed by Councillor Leah Turner and seconded Councillor Mike Fairhurst:
“On the occasion of the 70th anniversary of the end of the Second World War, and subject to listed building consent, this Council agrees to add to the Council’s war memorial the names of those members of the Armed Services from the Borough of Havant who died in the service of this nation from 1945 to 2015.”
(B) Motion proposed by Councillor Terry Hart and seconded by Councillor Beryl Francis:
In the light of the; APSE Deconstruction Report, Version 2 received by the Section 151 Officer from UNISON Regional Organiser; that this Council refer the ‘5 Council’s Joint Procurement’ back to the Cabinet for further clarification to Scrutiny and Council on how procedures, consultation, decisions and action by all councils involved in the joint procurement. In particular legality of decisions, transparency and recording lawfully for public access has been made.
That the following key issues be addressed within that clarification:
1.
Firstly, key or delegated decisions do not appear to
have been taken or recorded lawfully. We understand that a project
board has been formed and that this may contain both members and
officers. We understand that this board cannot lawfully exercise
delegated powers or make collective decisions.
i) Confirm on what basis this board was
formed and;
ii) what decisions this board has
taken;
iii) Where these decisions are minuted
and published and the legal basis for delegation of functions to
this board?;
iv) Can you also confirm when the key or delegated decisions were
recorded and what status in law these have?
2.
We understand that an inter-authority agreement has
been made by the Council. i) Can you
confirm when the Cabinet agreed to this and;
ii) Where the decision is minuted?
iii) Also what liabilities the Council has committed to?
3.
There appears to be a conflict of opinion in
relation to the inter authority agreement. It is not clear whether
each client would be responsible for delivering its own obligations
(as stated within the consultants’ report) or whether at the
end of the procurement process the authorities will jointly enter
into the contracts with the successful supplier (as stated within
the OJEU notice).
Can you clarify this point and confirm whether the authorities will
enter into contracts on a purely joint basis or whether they will
administer their own elements of the contracts?
4. We understand that some level of consultation took place from 9 February 2015 to 9 March 2015 and a report was published on 23 March 2015. Please can you confirm how and when the Council has administered a public consultation on the proposals?
5.
If the consultation period that I have stated within
point 4 is correct, the decision to go to tender had already been
made in December 2014 and the OJEU notice was then published on
16 March 2015.
i) Can you therefore state who
considered the results of the consultation and;
ii) if they were elected members,
when they considered the results?
iii) Also what measures to ensure the concerns raised were
addressed and;
iv) who took the decision to proceed
with the formal procurement process?
6. For the purpose of deciding how to fulfil the Best Value duty an authority must consult:
a) epresentatives of persons liable to pay any tax, precept or levy to or in respect of the authority;
b) representatives of persons liable to pay non-domestic rates in respect of any area within which the authority carries out functions;
c) representatives of persons who use or are likely to use services provided by the authority, and;
d) representatives of persons appearing to the authority to have an interest in any area within which the authority carries out functions
Can you confirm how the above duties have been fulfilled?
7. The Public Services (Social Value) Act 2012 requiresthe authorityto consider:
a) how what is proposed to be procured might improve the economic, social and environmental well-being of the relevant area, and
b) how, in conducting the process of procurement, it might act with a view to securing that improvement
The above considerations should have occurred before
the commencement of procurement. Can you
provide evidence that the Council has complied with
this?
8.
Can you confirm that the Council has met its
obligation under the Equalities Act 2010, to ‘have due
regard’ to the duties with regard to people with protected
characteristics?
9. We understand that the Risk Assessment produced by Mendip District Council contains the same data as Havant Borough Council. Please can you confirm which Council produced the Risk Assessment and how it was undertaken?
Review the business casefor jointly procuring services and the minutes of project board.
Minutes:
(A) PROPOSED by Councillor Turner and seconded by Councillor Fairhurst it was
RESOLVED that the following motion be approved:
“On the occasion of the 70th anniversary of the end of the Second World War, and subject to listed building consent, this Council agrees to add to the Council’s war memorial the names of those members of the Armed Services from the Borough of Havant who died in the service of this nation from 1945 to 2015”
(B) The Council debated a Motion as set out in the agenda and proposed by Councillor Hart and seconded by Councillor Francis. At the conclusion of the debate the Mayor consented to adjourn the meeting for an amended Motion to be tabled.
The meeting adjourned at 6.30pm and reconvened at 6.38pm.
Following the adjournment, and proposed by Councillor Hart and seconded by Councillor Francis, it was
RESOLVED that the following amended Motion be approved:
“That the APSE Deconstruction Report, Version 2 received by the Section 151 Officer from the UNISON Regional Organiser be referred by this Council to the Scrutiny Committee who will report on the 26th January 2016.”