Agenda item

Report attached.

The Cabinet considered a report ofCouncillor Patrick McGinley, Chair of the Resources Overview and Scrutiny Committee, on the outcome of the Call-In of the following decision made by Cabinet on 21^st September 2022:

“That Cabinet:

• Agrees to appoint Hyndburn Leisure to provide consultancy services and advice to the Council in respect of the Leisure Transformation Project and associated projects (such as the UK Shared Prosperity Fund and the proposed Arts and Cultural Investment Board) on the terms set out in the report; 

• Agrees to waive the Council’s Contract Procedure Rules in respect of the proposed appointment for the reasons set out in the report; and 

• Delegates authority to the Executive Director (Legal and Democratic Services) to prepare and settle the terms of the deed of appointment of Hyndburn Leisure in respect of the above.”

The Leader of the Council summarised the recommendations of the Resources Overview and Scrutiny Committee.

Approval of the report was not deemed a key decision.

Reasons for Decision

At its meeting on 21^st September 20222, Cabinet had considered an item on Leisure Transformation Project: Consultant Appointment.  Cabinet had made the decision outlined in Paragraph 1.1 of the report.

In accordance with the Call-In procedure for Cabinet decisions, the procedure had been activated on 7^th October 2022 by two members of the Resources Overview and Scrutiny Committee.  The Call-In had been sponsored by Councillor Scott Brerton.  Several reasons were given for the Call-In, full details of which were provided in the Call-In Form, which had been included with the agenda for the Resources Overview and Scrutiny Committee on 20^th October 2022.

Councillor Scott Brerton had presented the reasons for the Call-In to the Committee.  Councillor Miles Parkinson OBE had presented the reasons for the original decision, and responded to the points made on the Call-In Form.

Committee members had submitted questions, with responses provided by Councillors Miles Parkinson OBE, Marlene Haworth and the Deputy Chief Executive.

As part of the summing up process, outlined in the Council’s Call-In Procedure, Councillor Scott Brerton had recommended:

“To refer the decision back to Cabinet for reconsideration, based on the reasons outlined in the Call-In Form”

The recommendation had been seconded by Councillor Bernard Dawson.  The recommendation received only 2 votes, with 7 votes against.

Therefore, the Chair recommended that having considered all the information provided to the Committee, to release the Cabinet decision in full for implementation.  The recommendation was seconded by Cllr Paddy Short and received 7 votes in favour.

Alternative Options considered and Reasons for Rejection

The Council’s Call-In procedure gave Scrutiny Committees three options when dealing with a Call-In decision:

• To release the Cabinet decision in full for implementation;
• To release the Cabinet decision in part for implementation, and refer the outstanding part of the decision back to the decision making body for reconsideration, setting out in writing the nature of its concerns; or
• To refer the decision back to the decision making person or body for reconsideration, setting out in writing the nature of its concerns.  The decision maker should then consider amending the decision or not, before adopting a final decision.

Cabinet might choose to accept or reject the recommendations from the Scrutiny Committee.

Resolved                                    -    Cabinet notes that, after consideration of the Call-In relating to the decision outlined in Paragraph 1.1 of the report, the Resources Overview and Scrutiny Committee releases the Cabinet decision in full for implementation.

The following Agenda items were taken next at the meeting.