Agenda and minutes

There were no items of urgent business to consider. 

To receive declarations by Members of interests in respect of items on this Agenda. 

Members are reminded that, in accordance with the Localism Act 2011, they are required to declare any disclosable pecuniary interests which have not already been declared in the Council’s Register of Interests. (It is a criminal offence not to declare a disclosable pecuniary interest either in the Register or at the meeting). 

Whilst not a legal requirement, in accordance with Council Procedure Rule 9 and in the interests of clarity and transparency, Members should declare any disclosable pecuniary interests which they have already declared in the Register, at this point in the meeting. 

In accordance with Part B Section 2 of the Code Of Conduct, Members are required to declare the existence and nature of any other interests as defined in paragraphs 8(1) or 9(2) of the Code of Conduct. 

There were no declarations of interest made at this stage. 

The Overview and Scrutiny Committee is recommended to consider passing the following recommendation in relation to the following item :- 

“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(s) of business, on the grounds that they could involve the possible disclosure of exempt information as defined in paragraph 3 of Schedule 12A of that Act.”

Members are reminded that the Cabinet report in respect of the decision to which this Call-in relates contained exempt information under paragraph 3 of Schedule 12A to the Local Government Act 1972, and Cabinet excluded the public from the meeting during consideration thereof.  The Cabinet report therefore remains exempt unless and until Cabinet decides otherwise. 

However, it is for the Overview and Scrutiny Committee to decide whether or not to consider the Call-in item in private or in public. In making the decision, Members should consider the relevant paragraph of Schedule 12A of the Local Government Act 1972, whether the call-in item can be discussed without reference to the exempt information contained in the Cabinet report, and whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information. In considering their discretion Members should also be mindful of the advice of Council Officers.

Resolved:

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. 

The Cabinet decision on St Leonard’s House - Lancaster – (Minute 90) taken by Cabinet on 29th March 2016 has been requested to be called in by Councillors Caroline Jackson and Phillippa Williamson (Overview and Scrutiny Members) and by Councillors Roger Mace, Tim Hamilton-Cox and Joan Jackson. 

 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 Council’s Constitution. 

Councillor Eileen Blamire (Leader of the Council) and Councillor Abbott Bryning (Cabinet Member with responsibility for Property) have been invited to attend to outline the basis on which the decision was made. 

Included in the agenda: 

 ·         Call-in Procedure

·         Cabinet minute extract

·         Call-in Notice

·         Report to Cabinet and Appendix

Members were advised that the Cabinet decision in relation to St Leonard’s House, Lancaster - Cabinet Minute 90 had been called-in by the following 5 Members:

Councillors Caroline Jackson, Tim Hamilton-Cox, Joan Jackson, Roger Mace and Phillippa Williamson. 

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:

(b)       Lack of, or insufficient consultation and the taking of professional advice from Officers. 

(d)        Lack of openness. 

(e)        The aims and desired outcomes of the decision are not clearly expressed. 

(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 Mace set out the reasons for the Call-in.

The Chairman invited Councillor Eileen Blamire (Leader of the Council) and Councillor Abbott Bryning (Cabinet Member with responsibility for Property Services, Rural Areas and Car Parking) to explain the reasons for the decision of Cabinet. 

The Chairman invited signatories to the Call-in to ask questions and Councillor Bryning, Councillor Blamire, the Chief Officer (Resources) and Senior Property Officer responded.

The meeting adjourned at 6.35pm and re-convened at 7.00pm to allow background papers to be circulated.

The Call-in signatories were, at this point, invited to ask further questions. 

The Chairman invited signatories to the Call-in to ask questions and Councillor Bryning, Councillor Blamire, the Chief Officer (Resources) and Senior Property Officer responded.

It was proposed by Councillor Mace and seconded by Councillor Caroline Jackson:-

“That Cabinet reconsider the decision regarding St. Leonard’s House” (the full recommendation is set out in a minute exempt from publication under Paragraph 3 of Schedule 12A of Section 100A(4) of the Local Government Act 1972).

Upon being put to the vote 4 Members voted in favour of the proposal and 4 against, whereupon the Chairman, using his casting vote, declared the proposition carried.

Resolved:

That Cabinet reconsider the decision regarding St. Leonard’s House (the full resolution is set out in a minute exempt from publication under Paragraph 3 of Schedule 12A of Section 100A(4) of the Local Government Act 1972).