Agenda item

The Cabinet decision on Options for Public Toilet Provision in the District from 2010/11 (Minute 81) taken by Cabinet on 10^th November 2009 has been requested to be called in by Councillors Roe, Histed and Bray (Overview and Scrutiny Committee Members) and Councillors Fishwick and Johnson.  This request was subsequently agreed by the Chief Executive.  The decision has been called-in in accordance with Part 4, Section 5, Sub-section 16 of the Council’s constitution.

Councillors Roger Mace (Chair of Cabinet for Item 81), Jon Barry (Cabinet Member with responsibility for City Council (Direct) Services and Peter Loker (Corporate Director (Community Services) have been invited to attend to outline the basis on which the decision was made.

q       Call-in Procedure

q       Call-in Notice

q       Report to Cabinet

q       Cabinet Minute Extract

Members were advised that the Cabinet decision in relation to Options for Public Toilet Provision in the District 2010/2011 – Cabinet Minute 81 – had been Called-in by the following 5 Members.

Councillors Bob Roe, Susan Bray, Val Histed, Sarah Fishwick and Tony Johnson.

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:

(a)        Proportionality (i.e. the action must be proportionate to the desired outcome)

(c)        Respect for human rights

(d)        A presumption in favour of openness

(e)        Aims and desired outcomes will be clearly expressed

The Chairman outlined the procedure to be followed and invited Councillor Roe to summarise the reasons for the Call-in.

The Chairman invited Councillor Barry as Cabinet Member with responsibility for City Council (Direct) Services to explain the reasons for the decision of Cabinet.  Councillor Mace informed the meeting that he had voted against the decision and advised of his reasoning.

The Chairman invited signatories to the Call-in to ask questions and Councillor Barry and the Head of City Council (Direct) Services responded.

The Chairman invited Members of the Overview and Scrutiny Committee to ask questions and Councillor Barry, the Corporate Director (Community Services) and the Head of City Council (Direct) Services responded.

The meeting adjourned at 6.05pm to enable the signatories to prepare a proposal.  The meeting reconvened at 6.15pm

On behalf of the signatories it was proposed by Councillor Bray and seconded by Councillor Roe:

(1)        “That it be recommended to Cabinet that the decision of the proposed closure of toilets should be deferred for 12 months until such time that the costs have been provided and fully discussed with all the parish councils and a full assessment of any businesses or any other party that may be interested in the community toilet scheme.

(2)        That a full report be prepared including all costs and implications and provided to the Overview and Scrutiny Parish Council Funding Task Group prior to them reporting their findings.”

The Chief Executive advised the meeting of the conflicting timescales with the Review and Audit of Parish Funding Task Group due to report in March 2010 and with the agreement of the proposer and her seconder, Councillor Bray withdrew recommendation 2.

It was proposed by Councillor Gilbert, seconded by Councillor Plumb and accepted as a friendly amendment by the proposer and seconder of the original proposition:

“That the decision of the proposed closure of toilets should be deferred for 3 months rather than 12 months.”

Upon being put to the vote 6 Members voted in favour and 1 Member abstained from voting, whereupon the Chairman declared the proposition, as amended, to be carried.

Resolved:

 That it be recommended to Cabinet that the decision of the proposed closure of toilets should be deferred for 3 months until such time that the costs have been provided and fully discussed with all the parish councils and a full assessment of any businesses or any other party that may be interested in the community toilet scheme.