Meeting documents

1.1 Under the Council's Constitution, any 10 Councillors may request that an executive decision made but not yet implemented be reconsidered by the person or body who made it. This is called a "call-in" and has the effect of preventing the implementation of the decision pending a review of the decision by an Overview and Scrutiny Panel.

1.2 This report sets out the call-in request relating to the decision of the Council Executive on the Bristol/Bath to South Coast route study and seeks its determination by the Planning, Transportation, Economy and Sustainability Overview and Scrutiny Panel.

1.3 The role of the Panel is to consider the issues raised by the call-in and determine its response.

2.1 The Panel is asked to:

a) Consider the call-in request received (refer to Appendix 3).

b) Decide if it requires any further information to enable it to make a determination of the call-in request and, if so, request this information and any contributions that will assist the Panel in determining the call-in either at this meeting or at a further meeting (e.g. from the Executive Member for Transport and Highways, the Operations Director and the Head of Transportation, Access and Waste Management and any other internal or external contributors required by the Panel).

c) Note that, whilst there is a presumption agreed by the Overview and Scrutiny Panel Chairs that every validated call-in will proceed to review stage, it is a decision for the Panel to make as to whether it will deal with the review of the call-in at this meeting or if a further meeting is required.

d) If a further meeting is required to hear and determine the call-in, the Panel needs to agree the date for this (it must take place by Tuesday 10^th August 2004).

e) Approve the scope of the review to be undertaken following consideration of the proposals which will be circulated after consultation with the Chair of this Panel (Appendix 5 - to follow).

f) Note that, following the review, the Panel may either:

i) dismiss the call-in, in which case the decision shall take effect immediately; OR

ii) refer the decision back to the decision-maker for reconsideration, setting out why it has decided that the decision should be reconsidered.

3.1 The Panel should be aware that the Council's Constitution (Part 4E, Rule 14) requires that "Where an Overview and Scrutiny Panel makes a recommendation that would involve the Council incurring additional expenditure (or reducing income) the Panel has a responsibility to consider and / or advise on how the Council should fund that item from within its existing resources". It is important, therefore, in its consideration of the call-in that the Panel gives consideration to the alternative options available to the decision-maker and the financial consequences of these.

4.1 In this instance the decision which is now subject to a call-in request was made by the Council Executive on 30^th June 2004. The decision is set out in minute 11 (Appendix 2 attached).

4. 2 The call in request was received on Tuesday 13^th July 2004. The Operational Manager Democratic Services, on behalf of the Chief Executive, has validated the call in and confirms that it conforms to constitutional requirements in terms of time of receipt and number of members validly subscribing to it. Appendix 3 sets out the reasons for the call-in request.

5.1 Appendix 4 sets out general guidance relating to the call-in process. In short, the Panel must EITHER:

a) Dismiss the call-in, in which case the decision shall take effect immediately; OR

b) Refer the decision back to the decision-makers for reconsideration, setting out why it has decided that the decision should be reconsidered.

If the Panel chooses option (b) above, the decision-maker shall then reconsider the matter within ten days from the conclusion of the O&S Panel review meeting(s), and may amend the decision or confirm the original decision, giving reasons in either case.

6 ASSESSING THE CALL-IN REQUEST

6.1 Councillor Peter Metcalfe, the Panel Chair has agreed to the arrangements for this meeting being made to enable the Panel to consider the call-in request within the timescale prescribed in the Constitution (within 10 working days of the call-in being received).

6.2 The Chair proposes to prepare for discussion at this meeting a suggested scoping outline with recommendations on the information and contributions the Panel is advised to consider in order to determine the call-in. This will be circulated to Panel Members and the public and press as soon as it is available (Appendix 5).

6.3 The Overview and Scrutiny Panel Chairs through their quarterly meeting have approved guidance on the handling of call-in requests which make clear that there is a presumption that every validated call-in will proceed to review stage. The process for that review is set out in paragraph 7.1 below. If a second meeting of the Panel is required to complete the review it needs to take place no later than Tuesday 10^th August as the total period of overall and scrutiny involvement in a call-in must not exceed 21 working days.

7 SUGGESTED FORMAT FOR THE MEETING TO DETERMINE THE CALL-IN

7.1 When the Panel meets to determine the call-in, it is suggested that the following format be adopted:

(2) Hear from and ask questions of any appropriate external contributors (a "panel" style contribution session is suggested).

(3) Hear from and ask questions of the Executive Member and Lead (or other agreed) Officers.

(4) Discuss and draw conclusions from the written and oral information presented.

(5) Consider and formulate the Panel`s determination of the call-in.

8. CONSULTATION

8.1 This report has been prepared following consultation with the Chair of the Planning, Transportation, Economy and Sustainability Overview and Scrutiny Panel.