To consider the suggested amendments to the council’s constitution proposed by the re-thinking governance member and officer working group for recommendation to Council.

The Chairperson noted that the report suggested amendments to the council’s constitution, as proposed by the Re-thinking Governance Working Group, for recommendation to Council.  The committee considered the revised Part 3, Section 5 (Other functions) as shown at Appendix 1 to the report, the principal points of the discussion included:

1.           Amendments to paragraphs 3.5.11 and 3.5.13 were identified and, with clarifications provided by the Interim Head of Legal Services on the differences between an independent person as defined in paragraph 4.9.26 and an independent expert that could be appointed to the committee, it was suggested that a definition be provided in relation to the independent expert.

2.           The Interim Head of Legal Services advised that a chairperson of a committee could ask for an additional meeting to be added to the schedule of meetings if it was deemed necessary.

3.           An amendment to paragraph 3.5.15 (a) was suggested to enable the committee to not only receive material to examine but also in depth examine matters itself where required.

4.           In response to a question, the Director of Resources and Assurance explained the reference to a specific company in paragraph 3.5.19 (waste contract) was due to a PFI relationship.

5.           A typographical error was identified in paragraph 3.5.30 (i).

6.           It was noted that Treasury Management had been removed from the audit and governance functions and would be added to the remit of the Scrutiny Management Board.

7.           Noting the potential for confusion between audit and governance functions (paragraphs 3.5.9 to 3.5.25) and other functions in the document, the Interim Head of Legal Services suggested that the numbering and presentation be revisited in the further review of the constitution later in the year.

8.           With attention drawn to paragraph 3.5.11, it was noted that the committee was able to meet private and separately with the external auditor and head of internal audit if required.

9.           It was noted that changes to reflect the transfer of responsibilities to a different body (such as the transition from the Clinical Commissioning Group to the Integrated Care System) could be undertaken as technical amendments by the Director of Governance and Legal Services.

10.        An amendment to paragraph 3.5.14 was suggested to reflect the fact that a meeting could proceed with a quorum if the chairperson and vice-chairperson were not present, with a person elected to preside.

11.        With reference made to paragraph 3.5.18 (j), clarification was requested about the ‘caldicott guardian’.

Resolved: That

a)      having regard to the work undertaken by the Re-thinking Governance Working Group, the audit and governance functions as set out in appendix 1 and the two proposed changes to the constitution set out in paragraphs 9 and 10 of the report be recommended to full Council for adoption, with implementation with effect from 20 May 2022, subject to the following:

3.5.11         The words ‘as necessary’ be removed;

3.5.13         The final sentence of paragraph one be amended to ‘… The minutes of the meeting should state in what capacity the independent person expert is voting’ and a definition be provided in relation to the independent expert;

3.5.14         The paragraph be amended to ‘The Committee will meet approximately 8 times a year and a quorum of three elected members (including the Chair or Vice Chair) is required for decisions of the Committee to be ratified.’;

3.5.15 (a)   The paragraph be amended to ‘review and examine, and where required in depth examine, matters relating to internal audit, external audit, risk management, governance, assurance statements, anti-fraud and anti-corruption arrangements as well as any other function to meet the Council’s Audit Committee requirements’;

3.5.30 (i)    The paragraph be amended to ‘To give its opinion, as appropriate, to Herefordshire Council, the Clinical Commissioning group or NHS commissioning Board, as to whether they ares discharging their duty to have regard to any assessment of relevant needs prepared by the Council, the Clinical Commissioning Group or NHS commission Board in the exercise of their functions.’; and

b)      authority be delegated to the Director of Governance and Legal Services to make technical amendments (as required by law, grammatical, formatting, and consistency) necessary to finalise the revised constitution.

Action(s):

Action 148:     That it be confirmed that the Treasury Management function has been included in constitution Part 3, Section 4 (Scrutiny Functions), within the remit of the Scrutiny Management Board, once approved by Council.

Action 149:     In the further review of the constitution and for the purposes of clarity, the presentation of the audit and governance functions be considered, in order to separate them from the ‘Other functions’.

Action 150:     In terms of constitution paragraph 3.5.18 (j), clarification be provided about the ‘caldicott guardian’.