Agenda and minutes

Apologies for absence were received from Councillor Jones.

A member with a personal interest in a matter who attends a meeting of the authority at which the matter is considered must disclose to that meeting the existence and nature of that interest at the commencement of that consideration, or when the interest becomes apparent.

A member with a personal interest in a matter also has a prejudicial interest in that matter if the interest is one which a member of the public, with knowledge of the relevant facts, would reasonably regard as so significant that it is likely to prejudice the member's judgement of the public interest.

There were no such declarations.

The Chair will consider the admission of any late reports related to item 4 below which will be considered under that agenda item.

There was no such business.

The following item is likely to be the subject of a motion to exclude the press and public as it contains exempt information relating to the business or financial affairs of any particular person (including the Authority holding that information).

This item was the subject of a motion to exclude the press and public from the meeting as it contained exempt information relating to the business or financial affairs of any particular person (including the Authority holding that information).

i)                    Report of the Monitoring Officer/Director of Finance – TO FOLLOW

ii)         Appendix (For information only):

a)     Copy of the ‘call in’

b)     Draft minutes of meeting of the Executive Procurement Committee of 26 June 2006 (Subject to confirmation by the Executive)

c)      Report from Executive Procurement Committee of 26 June 2006: Allow award of contract to Diamond Build under the new framework agreements: Award of contract

A decision on the above item was taken by the Executive Committee on 26 June 2006. The decision has been called in, in accordance with the provisions set out in the Constitution, by Councillors Hoban, Hare, Oakes, Baker and Oatway.

The Overview and Scrutiny Committee is requested to decide what further action it wishes to take regarding the Call In.

The Overview and Scrutiny Committee may deal with the Call-In in one of four ways:

i)                    The Overview and Scrutiny Committee may decide not to take any further action, in which case the decision is implemented immediately.

ii)                  The Overview and Scrutiny Committee may decide to refer the decision back to the decision taker, in which case the decision taker has 5 working days to reconsider the decision before taking a final decision.

iii)                The Overview and Scrutiny Committee may decide to refer the decision to Full Council.

It is proposed that consideration of this item be structured as follows:

(i)         A brief outline by the above Members on the reasons for the Call In.

(ii)        Response by the Executive Member for Finance.

(iii)       Debate by Members on action to be taken.

(iv)       Decision.

Note: Under Standing Order 32.6 no other business shall be considered at the meeting.

The Chair advised the Committee of the purpose of the Call-in.

The Chair then asked the 1^st Lead signatory – Councillor Hoban – to given an outline of the reasons for the call-in.

REASONS FOR THE CALL-IN

Councillor Hoban cited the reasons for the call-in.  The decision PROC11 of the Procurement Committee of 26^th June 2006 was outside the Council’s policy framework, as follows:

-          With specific reference to Part G3 paragraph 12.06 (c) of the London Borough of Haringey constitution, that Diamond Build had failed to adhere to the terms of a previous contract.

G3 12.06 (c) places “a prohibition on assignment and/or subletting without the written consent of the Director”.  We also noted Contract Standing Order G3 6.06 which states “It shall be a condition of any contract between the Council and any person (not being an Officer of the Council) who is required to supervise a contract on the Council’s behalf that, in relation to such contract, he/she shall comply in all respects with the requirements of these Contract Standing Orders as if he/she were an employee of the Council.”

The variation of action proposed  was to refer the decision back to the decision taker.  The signatories stated that as it was clear that Diamond Build had failed to adhere to the Council’s Contract Procedure Rules, approval should not be granted to Diamond Build being considered for and where appropriate being rewarded future construction contracts under the new construction procurement agreement.

The Chair then asked the Executive Member for Finance to give a brief response.

EXECUTIVE MEMBER AND OFFICER RESPONSE

The Executive Member explained that the Framework agreement process was well advanced by the time of the fire at Crowlands.  We noted that the company had been put ‘on hold’ in respect of the framework within four days of the Crowlands Fire, and that status was maintained at the present time.

Procurement Officers reiterated the independence of the Procurement process, and confirmed that they had visited the Offices of Diamond Build personally, confirming their adherence to Health & Safety procedures.  We also noted that Diamond Build had subsequently banned the working practice that is believed to have led to the fire, and briefed their managers on the correct procedures related to the usage of sub-contractors.

LEGAL COMMENTS

The Chair then asked Legal Services for their comments.  We noted that the Monitoring Officers’ advice was that the original decision was within the policy framework.  This did not, however, prevent the Committee from following any of the three options of action laid out to them.

MOTION

Following a discussion and a number of points of clarification given by officers to Member concerns, Councillor Winskill MOVED a MOTION that the decision PROC11: Allow Award of Contract to Diamond Build Under New Framework Agreements: Award of Contract be referred back to the decision taker, that being the Executive Procurement Committee.  The committee also resolved to make the following recommendations to the committee:

i)        That the procedural criteria in  ...  view the full minutes text for item 22.