Agenda and minutes

The Call-in Notice refers to the due diligence exercised and information relating to the contractor selected to undertake works. 

The Overview and Scrutiny Committee is recommended to pass the following recommendation in relation to the following item if it is necessary to refer to exempt information:-

“That, in accordance with Section 100A(4) of the Local Government Act, 1972, the press and public be excluded from the meeting for the following item of business, on the grounds that it could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.”

It was moved by Councillor Caroline Jackson and seconded by Councillor Nigel Goodrich:-

 “That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting on the grounds of the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.”

Resolved:

That, in accordance with Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting on the grounds of the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.

The meeting was adjourned at 6.05pm to allow the Committee time to read the exempt contractual papers that had been circulated.

The meeting was reconvened at 6.10pm

The Officer delegated decision on the “Appointment of Constructor Team for Lancaster Lower Lune (Phase 3) Flood Risk Management Scheme” taken on 17^th January 2018 has been requested to be called in by Councillors Caroline Jackson and Nigel Goodrich (Overview and Scrutiny Members) and by Councillors Roger Mace, Abi Mills and Tim Hamilton-Cox. 

This request was subsequently agreed by the Chief Executive.  The decision has been called-in in accordance with Part 4 Section 5, Paragraph 16 of the City Council’s Constitution. 

Andrew Dobson, Chief Officer (Regeneration and Planning), Gary Bowker (Project Engineer) and Susan Parsonage (Chief Executive) as the decision maker, have been invited to attend the meeting to outline the basis on which the decision was made. 

Included on the agenda: -

o      Call-in Procedure

o      Call-in Notice

o      Notice of Decision

Members were advised that the Officer decision in relation to the Appointment of Constructor Team for Lancaster Lower Lune (Phase 3) Flood Risk Management Scheme ODD21 had been called-in by the following 5 Members:

Councillors Nigel Goodrich, Caroline Jackson, Tim Hamilton-Cox, Roger Mace and Abi Mills. 

Members were informed that the Call-in had been made on the basis that the decision had not been made in accordance with all the principles set out in Article 13 (Decision Making) of the Constitution, in particular :

 (f)       Insufficient information about the options that were considered or the reasons             for arriving at the decision. 

(g)        Other (reasons contained in the Call-in notice).

The Chairman outlined the procedure to be followed and invited the Councillors who had made the Call-in request to summarise the reasons for the Call-in. Councillor Hamilton-Cox set out the reasons for the Call-in.

The Chairman invited the Chief Officer (Regeneration and Planning) to explain the reasons for the Officer decision.

The Chairman invited the signatories to the Call-in to ask questions and the Chief Officer (Regeneration and Planning), the Regeneration Manager and Jas Bahi from the Environment Agency  responded.

The Chairman invited the signatories to the Call-in to continue to ask questions.

The Overview and Scrutiny Committee Members were then invited to ask questions and the Chief Officer (Regeneration and Planning), the Regeneration Manager and Jas Bahi from the Environment Agency  responded.

The meeting adjourned at 7.07pm and re-convened at 7.17pm

to allow the Call-in signatories to confer.

It was proposed by Councillor Caroline Jackson and seconded by Councillor Nigel Goodrich:-

That the Overview and Scrutiny Committee requests Cabinet to consider:-

(1)  That the parent company guarantee be written into the contract. 

(2)  That future reports on major contracts (over £100,000) include brief consideration of the governance and financial strength of contracting companies. 

(3)  That the constitutional review pay specific attention to updating the contract procedure rules. 

Members then voted as follows:-

Resolved unanimously:-

That the Overview and Scrutiny Committee requests Cabinet to consider:-

(1)        That the parent company guarantee be written into the contract. 

(2)        That future reports on major contracts (over £100,000) include brief             consideration of the governance and financial strength of contracting             companies. 

(3)        That the constitutional review pay specific attention to updating the contract             procedure rules.