Agenda and minutes

The Technical Lead Legal and Democratic Work Stream and Monitoring Officer (South Lakeland District Council) introduced herself and welcomed everyone to the first meeting of the Westmorland and Furness Joint Committee.  She asked other officers present to introduce themselves when presenting their reports.  She further advised all present on housekeeping matters.  She also took the opportunity to update the Joint Committee on the replacement of Councillor Hazel Edwards from Barrow Borough Council with Councillor Les Hall and explained that this was in accordance with Section 16 of the Local Government and Housing Act 1989 and this had been assessed with due regard to the requirement for political balance.  She asked Councillor Hall to confirm whether, having received less than five days’ notice of the meeting, he felt that he had had sufficient time to consider all relevant information necessary to make decisions.  Councillor Hall confirmed that this was the case.

To appoint a Chair to the Joint Committee for the remainder of the year.

RESOLVED – That Councillor Jonathan Brook be appointed Chair of the Westmorland and Furness Joint Committee for the remainder of 2021/22.

On taking the Chair, Councillor Jonathan Brook thanked Members for the opportunity and referred to the small but important part to be played by the Joint Committee in the journey towards the new Unitary Authority.  He looked forward to working with the Joint Committee as it worked towards the next chapter.  Councillor Jonathan Brook thanked officers and Members who had already been working hard to get to this point and who would continue to do so moving forward in to the future.

To receive apologies for absence, if any.

All Members were present, no apologies for absence having been received.

To appoint a Vice-Chair to the Joint Committee for the remainder of the year.

RESOLVED – That Councillor Ann Thomson be appointed Vice-Chair of the Westmorland and Furness Joint Committee for the remainder of 2021/22.

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 and their Council’s revised Code of Conduct, they are required to declare any disclosable pecuniary interests or other registrable 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.)

Members may, however, also decide, in the interests of clarity and transparency, to declare at this point in the meeting, any such disclosable pecuniary interests which they have already declared in the Register, as well as any other registrable or other interests.

If a Member requires advice on any item involving a possible declaration of interest which could affect his/her ability to speak and/or vote, he/she is advised to contact South Lakeland District Council’s Monitoring Officer at least 24 hours in advance of the meeting.

No declarations of interest were raised.

To consider whether the items, if any, in Part II of the Agenda should be considered in the presence of the press and public.

There were no excluded items on the Agenda, however, the Technical Lead Legal and Democratic Work Stream and Monitoring Officer (South Lakeland District Council) advised that, should Members wish at any stage to move into Part II, the usual rules applied.

To endorse the Joint Committee’s Procedural Rules which incorporate the Terms of Reference as agreed by sovereign Councils for the Westmorland and Furness Joint Committee.

The Head of Legal and Governance – Monitoring Officer (Barrow Borough Council) presented a report to which was attached Procedural Rules, incorporating the Terms of Reference, in relation to the operation of the Westmorland and Furness Joint Committee.  The Terms of Reference had already been agreed by the sovereign Councils.  The purpose of these was to ensure that there were clear rules around the operation and conduct of the Joint Committee so that Members were able to consider and determine matters in an effective way.  The key elements included in the document reflected those proposed for the Cumberland Joint Committee.  In the event that a decision was taken to hold meetings of the Joint Committee in different Council areas, the Procedural Rules would be updated accordingly.

RESOLVED - That the Procedural Rules, which incorporate the Terms of Reference as agreed by sovereign Councils, for the Westmorland and Furness Joint Committee, be endorsed.

To agree the three scheduled dates for meetings of the Joint Committee and approve the Work Programme.

The Technical Lead Legal and Democratic Work Stream and Monitoring Officer (South Lakeland District Council) presented a report which set out the proposed meeting dates and venues for the newly-formed Westmorland and Furness Joint Committee which was due to meet approximately three times commencing in March 2022.  The meetings were scheduled to take place in the District Council Chamber at Kendal Town Hall unless Members expressed a wish to rotate the venue.

The report further detailed the Membership of the Joint Committee and its key roles.  The Committee would comprise twelve elected Members: this would include three County Council seats and nine District Council seats.  The Technical Lead Legal and Democratic Work Stream and Monitoring Officer (South Lakeland District Council) reminded Members that Councillor Hazel Edwards (Barrow Borough Council) had been replaced by Councillor Les Hall.  The report referred to the Joint Committee’s Procedural Rules, including Terms of Reference, details of which had been outlined under Minute W&F/7 above.  The report further referred to the Joint Committee’s Work Programme of proposed business which was attached as Appendix 1 to the report and which had been published on all relevant Councils’ websites.  The Technical Lead Legal and Democratic Work Stream and Monitoring Officer (South Lakeland District Council) informed Members that there was a possibility that the report on the Scheme of Members’ Allowances may be ready in time for the second meeting and so would be brought forward if finalised in time.

It was moved to hold the third meeting of the Joint Committee in Eden in the spirit of inclusivity for residents.  Whilst some Members expressed support for this, particularly with regard to ensuring that all meetings were rotated from the outset and avoidance of a precedent being set by holding all three in Kendal, others raised concerns around travelling distances in light of Climate Change and also the cost to the Council Taxpayer.  A new proposal was then moved and, on agreement of the meeting, it was decided that all three meetings would remain in Kendal.

Members were keen for the Implementation Plan and Programme Governance item be brought back before the Committee at its meeting on 10 May in order to see how this was evolving.

RESOLVED – That

(1)        the Joint Committee meeting dates, as set out in Section 3.5 of the report, be agreed;

(2)        the Joint Committee’s Work Programme, as attached at Appendix 1 to the report, be approved; and

(3)        the Implementation Plan and Programme Governance item be brought back before the Joint Committee at its meeting on 10 May 2022.

To agree the arrangements for the formation of an Implementation Team as required by Article 26 of the Cumbria (Structural Changes) Order 2022.

The Programme Director presented a report informing the Joint Committee about “the Implementation Team,” a single team of officers as required by Article 26 of the Cumbria (Structural Changes) Order 2022 (SCO).

The members of the Implementation Team were to be officers of the sovereign Councils, with the members of that Team appointing a leader of the Team, and the deputy leaders of the Implementation Team being an officer of one of the Cumberland Councils and an officer of one of the Westmorland and Furness Councils.  There was a duty placed within the Order on sovereign Councils to co-operate in the formation of the Implementation Team and to release the officers concerned from their normal duties to assist in the work as reasonably required by Joint Committees or Shadow Authorities, as well as a general duty to consult and co-operate with one another and the Shadow Authorities.

Since the announcement in July 2021, and prior to this Joint Committee having been stood up, preparations had commenced to enable the smooth operation of the two new Councils from Vesting Day, key details of which were provided within the report.

Diagrams illustrating the officer programme structure and governance that had been established to deliver the Local Government Reorganisation (LGR) Programme were set out at Appendix 2 to the report.  Work to move to the two new Councils had been organised into six thematic areas: People; Place; Corporate/Enabling Services; ICT; Customer and Digital; and Finance.

The design and delivery of the LGR Programme was being overseen by a Chief Executive/senior officer Board (the LGR Programme Board), chaired by the Senior Responsible Officer(s).  LGR Programme Board membership included all Chief Executives of the sovereign authorities, the Chairs of the thematic groups (where these were not Chief Executives); the Programme Finance Lead (and Section 151 Officer); and the Programme Director.  In due course, once Interim Heads of Paid Service had been appointed by the Shadow Authorities, it was intended that they would also join the Board.

In terms of meeting the requirements of the SCO, the LGR Programme Board, described above would be “the Implementation Team”.  They would be supported in this role by the Programme Management Team and Programme Management Office that had been established, together with the officers of all seven sovereign Councils involved in the arrangements described above and supplemented by the capacity available via the Strategic Partner arrangement where appropriate.

In terms of the (Senior Responsible Officer) SRO arrangements, the programme had operated a three-way joint SRO approach since December 2021 which had served the programme well.  For continuity in the next phase of the programme, this arrangement was to be extended, and the SCO leadership requirements, (for a team leader and two deputies, one from the Cumberland Councils and one from the Westmorland and Furness Councils), would be discharged by the three SROs continuing to work together.  This arrangement would operate until such time as it was reviewed; following the appointment of the two Interim Heads of Paid Service, and  ...  view the full minutes text for item W&F/9

To adopt an Implementation Plan and note the Programme Governance and associated funding.

The Programme Director presented a report informing Members about the Implementation Plan and Programme Governance that had been developed by officers of the County Council, the Cumberland councils and the Westmorland and Furness councils, to ensure an effective transition to the new unitary councils for Cumberland and Westmorland and Furness on Vesting Day, 1 April 2023.

The high level approach to implementation was set out in Appendix 1 to the report and set out the Vision for Cumbria and the Ambition and Values to guide the implementation approach.  This included Organisational Design principles and these would underpin the work ongoing around the future design of services.  It was proposed that this be adopted as the Implementation Plan as it was now, noting that it would develop over time, particularly on the establishment of the shadow authorities and the appointment of the Interim Heads of Paid Service.  A summary of the Implementation Plan, as now, and programme governance (including funding for the delivery of the Implementation Plan) was provided within the report.

Since the announcement in July, and prior to this Committee having been stood up, preparations had commenced to enable the smooth operation of the two new Councils from Vesting day.  This had included the establishment of a joint LGR Implementation Reserve that was being hosted by the County Council.

Democratic and programme governance arrangements were in place to oversee the transition to the two new Councils on 1 April 2023 and to ensure that they could operate safe and legally from Day 1.

In respect of officer level programme governance, the LGR programme was being overseen by an LGR Programme Board, with membership from the most senior levels of representation from sovereign councils.  In addition, six thematic boards had been established with a series of workstreams/work packages in each. They involve senior representatives and subject matter experts to oversee the work involved in setting up the two new Councils.

In respect of Cumbria Fire and Rescue service, the Government’s intention was that the Fire Service should continue on a county basis, with two potential options to achieve this.  The first was for the functions to be transferred to the Police and Crime Commissioner for Cumbria by Order made under Section 4A of the Fire and Rescue services Act 2004, should the Secretary of State be satisfied that the relevant statutory tests were met.  The second option was for the Secretary of State to create a new combined fire and rescue service.  The second option would be developed through the Cumbria Fire and Rescue Service Board, in a piece of work that was aligned to the LGR Programme.

The organisational design principles outlined in the Implementation Plan and design process would be used to develop the blueprints for service delivery with the starting point of disaggregation and integration into two separate Councils, unless there was a compelling reason not to do so.

As part of the Implementation Plan, a high level timeline and critical path had been established and  ...  view the full minutes text for item W&F/10

To consider an update on the work which has been undertaken in relation to preparation of a scheme of members’ allowances for the Shadow Authority for Westmorland and Furness, including the setting up of an Independent Remuneration Panel.

The Monitoring Officer (Eden District Council) presented a report which provided an update on the work which had been undertaken in relation to the preparation of a Scheme of Members’ Allowances for the Shadow Authority for Westmorland and Furness, including the setting up of an Independent Remuneration Panel (IRP).  It was one of the functions of the Joint Committee to recommend a scheme of allowances to the first meeting of the Shadow Authority for Westmorland and Furness.

In order to ensure that the IRP could complete its work in a comprehensive and timely manner with the outcome of producing recommendations prior to the first meeting of the Shadow Authorities, a number of pragmatic steps using the inherent authority contained with the Cumbria (Structure Changes) Order 2022 had been proposed and were being followed.

An IRP for Local Government Reorganisation (LGR) purposes had been formed with six members drawn from the IRPs representing the seven authorities.  This IRP had been asked to prepare recommendations for both the Shadow Authority for Cumberland and the Shadow Authority for Westmorland and Furness and had been provided with a briefing pack.  The first meeting of the IRP had taken place on 23 February 2022 and a schedule of further meetings had been agreed, with finalisation of a proposed Scheme due to take place on 28 March 2022.  A report with the recommendations of the IRP and proposals for the Members’ Allowance Scheme for the Shadow Authorities would then be prepared for the Joint Committees to assist them in making recommendations to the first meetings of the Shadow Authorities.  It was anticipated that this report would be presented to third meeting of the Joint Committee, however, the Monitoring Officer (Eden District Council) explained that it was likely that the report may be ready for inclusion on the Agenda for the second meeting.

The Joint Committee was further informed of proposals for members of the IRP to be paid expenses and attention drawn to the fact that there would, in due course, be a reconvening of an LGR IRP for consideration and formulation of proposals for payment of allowances to Members of the new unitary authorities.

In response to a query, the Monitoring Officer (Eden District Council) explained that this Panel was currently preparing a Scheme of Members’ Allowances for the Shadow Authorities only, however, that it was anticipated that the Panel would be asked to reconvene in order to prepare a Scheme of Members’ Allowances for the new Unitary Authorities, to commence on Vesting Day.

RESOLVED – That the contents of the report be noted and the proposals in relation to the formation and work of the Independent Remuneration Panel be endorsed.

To consider a draft Schedule of Meetings for the Shadow Authority for Westmorland and Furness for adoption at its inaugural meeting.

The Technical Lead Legal and Democratic Work Stream and Monitoring Officer (South Lakeland District Council) presented a report to which was attached a calendar identifying potential dates for meetings of the Shadow Authority from May 2022 to April 2023 which would not clash with scheduled meetings of the sovereign authorities in the Westmorland and Furness locality or those proposed for the Cumberland Shadow Authority or Executive.

In presenting the report, the Technical Lead Legal and Democratic Work Steam and Monitoring Officer (South Lakeland District Council) acknowledged the conversation at Minute W&F/10 above and the need for flexibility as the blueprints for the new Authority progressed.  She also drew attention to proposals to rotate the shadow meetings across all areas where possible.  She thanked the Cumbrian Democratic Services Officers for their work in producing this draft schedule which had been aligned with their sovereign council calendars.

Concern was expressed regarding the high level timeline relating to the delivery of the unitary authorities in which the date for adoption of draft blueprints was shown in July and the fact that there was no Shadow Authority meeting shown in the draft calendar in that month.  The Programme Director indicated that the blueprints could be presented to the 1 August meeting.  There remained, however, concern regarding the amount of involvement that Members would have in the development of the blueprints bearing in mind the tight timescales.  The Technical Lead Legal and Democratic Work Stream and Monitoring Officer (South Lakeland District Council) suggested that these comments be taken away from the meeting, pointing out that officers were due to examine the Forward Plan for the Shadow Executive and that if the need to alter the calendar became apparent then the draft Schedule of Meetings could be brought back to a future meeting of the Joint Committee.

The need for the implementation plan to be clearly mapped out onto the draft Schedule of Meetings was also raised.  The Chairman explained that it was his understanding that the Forward Plan would include this information.  It was further felt to be of importance that clarity was provided on the decision making process and the Technical Lead Legal and Democratic Work Stream and Monitoring Officer (South Lakeland District Council) explained that the draft Constitution was due to be presented to the next meeting of the Joint Committee and would help provide clarification on this.  The Director of Finance (Section 151 Officer), Cumbria County Council (Programme Finance Lead) provided reassurance, referring to the high level timeline and pointing out that decisions would be taken not only by Council, but also by Cabinet and some potentially by task and finish groups.  The usual strategic planning cycle would be followed, officers working with Members to develop priorities and options.  She stressed that a lot of work was being carried out in order to bring everything together.

Concern was raised at meetings being held during a peak holiday period when attendance by Members was likely to be low due to pressure on  ...  view the full minutes text for item W&F/12

To consider the recruitment process for the selection of the posts of Interim Head of Paid Service, Interim Chief Finance Officer (Section 151 Officer) and Interim Monitoring Officer for the Shadow Authority.

Note – Due to potential conflicts of interest, incumbent Chief Executives, Monitoring Officers, Chief Finance Officers, Senior Responsible Officers and the Executive Director - Corporate, Customer and Community Services and Acting Deputy Chief Executive (Cumbria County Council) left the Chamber for the remainder of the meeting.  Those officers who remained in the Chamber were the Technical Lead OD&HR Work Stream, LGR Programme Director, the Acting Head of Legal and Democratic Services (Cumbria County Council) and the two Legal, Governance and Democracy Specialists supporting the meeting.

Members having raised a wish to move into Part II to consider this item, the Chairman suggested the need for transparency where possible.  He suggested, therefore, that the presentation be initially made and to see how discussion moved forward and to move into Part II only if necessary.

The Technical Lead OD&HR Work Stream, LGR Programme, tabled revised recommendations to the report which were contained in a note which had been circulated to Members prior to the meeting and which was presented to Members at the meeting.

The revised recommendation to the report was at 2.2 which proposed an amendment in the following terms:-

2.2       The Joint Committee to accept one nomination from each of the member councils to act as interview panel Members and agree that membership of the Panel, with the other two Members of each member council being named substitutes in the event that the main nominee is unable to attend.

The Technical Lead OD&HR Work Stream, LGR Programme, presented the report which outlined the approach to the recruitment of interim statutory roles for the Westmorland and Furness Joint Committee.

The Technical Lead OD&HR provided clarification on a number of issues which had been raised at Member briefings which were set out in her note to Members.  She explained that the Structural Changes Order was clear that the Shadow Authorities must agree the designations to the Interim Statutory roles of Head of Paid Service, Monitoring Officer and Chief Finance Officer at their first meetings and that not to do so would be a breach of that requirement.  This process was the same as would apply to recommendations being made by a Senior Appointments Committee to Full Council.  She further advised that the Joint Committee had to accept one nomination from each of the member councils to act as interview panel members and agree that membership of the panel, with the other two members of each member council being named substitutes in the event that the main nominee was unable to attend.  She responded to two aspects of the Job Description for the Head of Paid Service which had been queried.  Firstly, clarification had been sought as regards to what a “relevant degree” would be and she suggested that Members could agree for this to be changed to “a degree or relevant professional qualification”.  Secondly, it had been queried whether experience as a Returning Officer was essential.  She informed Members that the Structural Changes Order stated that where, during  ...  view the full minutes text for item W&F/13

RESOLVED – That, under Section 100(A)(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following items of business on the grounds that it involves the likely disclosure of exempt information as defined in Part 1 of Schedule 12 A of the Act as amended by the Local Government (Access to Information) (Variation) Order 2006 by virtue of the Paragraphs indicated.

Members discussed the options regarding the field of selection and voted on Recommendation 2.3 of the report.

RESOLVED – The options in relation to the field of selection for candidates for the Interim Statutory roles as outlined in Appendix 1 to the report having been considered, it be agreed that Option 2 is the Joint Committee’s preferred option, namely:-

“To widen the field of selection, so that the opportunities are open to all officers of the Council who have the required experience, skills and qualification.”

At this stage in the proceedings, Members voted to move back into Part I.

RESOLVED – That the press and public be re-admitted to the meeting.

Members expressed content with regard to the changes proposed within the note to Members circulated prior to the meeting and outlined at Minute W&F/13 above and the following Councillors were nominated to act as interview panel Members, with the other two Members of each member Council being named substitutes in the event that the main nominee was unable to attend:-

•           Councillor Jonathan Brook (South Lakeland District Council)

•           Councillor Virginia Taylor (Eden District Council)

•           Councillor Ann Thomson (Barrow Borough Council)

•           Councillor Peter Thornton (Cumbria County Council)

RESOLVED - That

(1)        the selection process, as outlined in paragraphs 3.5 – 3.8 to the report be agreed;

(2)        the nominations from members of the Joint Committee, namely Councillors Jonathan Brook, Virginia Taylor, Ann Thomson and Peter Thornton to act as interview panel members be agreed, with the other two Members of each member Council being named substitutes in the event that the main nominee is unable to attend;

(3)        the principles for the appointments outlined in paragraphs 3.14 – 3.17 to the report be agreed; and

(4)        the draft job descriptions for the roles of Interim Head of Paid Service (revised version attached to the document circulated prior to the meeting), Interim Monitoring Officer (Appendix 4 to the report) and Interim Chief Finance Officer (Appendix 3 to the report) be agreed.