Agenda item

This report provides an update on co-opted member appointments and responds to questions from the previous report on co-opted members.

The Democratic Services and Scrutiny Manager introduced the report which provided an update on co-opted members and responded to the Committee’s questions.

In relation to non-voting co-opted members, it was confirmed that, as they were not classified as members and did not have voting rights, they were not required to complete declaration of interest forms. It was also explained that the Overview and Scrutiny Protocol was currently being updated, in light of new government guidance, and that some detail about non-voting co-opted members and their roles would be included in the protocol. It was noted that a more formal approach for selecting non-voting co-opted members had been considered but it was felt to be too resource intensive. The protocol would be considered by Overview and Scrutiny over the next few months. It was clarified that any voting co-opted members were required to complete a declaration of interest form.

In relation to the appointment of religious representatives on Overview and Scrutiny Panels, it was noted that this was prescribed by legislation. It was stated that the Chair of Overview and Scrutiny wanted a membership that was representative of the community; it was noted that this had generally been achieved through the appointment of representatives over the last 10 years, particularly the parent governor representatives on the Children and Young People’s Scrutiny Panel.

It was explained that additional religious representatives could be appointed by applying to the Secretary of State but that the process for this was unclear and it had not been possible to find any instances of other councils doing this. It was noted that some councils had appointed additional non-voting co-opted members and that this option was available for Haringey. However, it was highlighted that the Overview and Scrutiny Committee would need to consider this and balance the overall number of co-opted members.  It was also explained that there were two expert non-voting members on the Environment and Community Safety and Adults and Health Scrutiny Panels and they were reflective of their community roles. These members had been contacted recently to ensure that they still represented the organisations and that the organisations remained relevant to supporting the work of the Scrutiny Panels. The Chair noted that this annual confirmation was welcomed.  

It was enquired whether the review of the protocol could be extended to include consideration of non-voting co-opted members’ party affiliations and declarations of interest. The Democratic Services and Scrutiny Manager noted that the protocol was specifically for Overview and Scrutiny and that there were only two non-voting co-opted members; they were not defined as members in the constitution and were not required to submit a declaration of interest form.

Some members enquired whether it was possible to require or encourage non-voting co-opted members to complete a declaration of interest form, including party affiliations. The Assistant Head of Legal Services noted that there was no legal requirement for non-voting co-opted members to complete a declaration of interest form and it would have to be explained that this was discretionary.

Some members noted that, if there were concerns that interests were not being declared, it may be appropriate for the political groups to decide whether non-voting co-opted members should declare interests. The Democratic Services and Scrutiny Manager noted that party affiliation would not prevent someone from being a non-voting co-opted member. It was added that a process for non-voting co-opted members’ declarations could be included in the Overview and Scrutiny protocol; investigation could be undertaken to see the processes used by other councils and this could be raised with the Chair of Overview and Scrutiny. However, it was highlighted that there were only two non-voting co-opted members, that it would be important to maintain good relationships with these members, and that data protection issues may need to be considered.

Some members noted that non-voting co-opted members did not have voting rights and it would not be necessary for them to declare interests; they expressed concerns that requiring non-voting co-opted members to declare their interests could deter people from pursuing these roles. It was added that there were usually only two non-voting co-opted members on Scrutiny Panels. 

It was agreed that a report, which set out other councils’ procedures for the interests of non-voting co-opted members, would be presented to the next meeting so that the Committee could formulate any recommendations.

The Chair summarised that the Committee would like to consider the processes used by other councils and the proposed wording in the revised protocol, with a view to strongly encouraging non-voting co-opted members to complete declaration of interest forms.

RESOLVED

To note the information contained in the report. It was also agreed that a report, which set out other councils’ procedures for the interests of non-voting co-opted members, would be presented to the next meeting so that the Committee could formulate any recommendations.