Agenda and minutes

To carry out a roll call for members and receive any apologies for absence.

An apology for absence was received from Councillor S Pender.

To elect a Chair for the ensuing year.

Councillor J Brook nominated Councillor M Severn as Chair and this was seconded by Councillor Bell.  With no other nominations it was,

RESOLVED,that Councillor M Severn be elected at Chair of the Shadow Authority for Westmorland and Furness Council for the ensuing year.

Councillor Severn spoke to say how proud he was to be elected as the first Chair of the Shadow Authority for Westmorland and Furness Council, and he was looking forward to working with all the newly elected members.  He thanked all members for participating in the democratic process and that we could be very proud of our democratic system.

To appoint a Vice Chair for the ensuing year.

Councillor J Brook nominated Councillor A Jama for vice chair and this was seconded by Councillor Bell.  With no other nominations it was,

RESOLVED, that Mr A Jama be appointed as Vice chair of the Shadow Authority for Westmorland  and Furness Council for the ensuing year.

Toreceivedeclarations byMembers and/or co-opteesof interests in respect of items on this Agenda, and to consider any dispensations.

Membersmayhowever,also decide,inthe interestsof clarityand  transparency,to declareat thispoint inthe meeting, anysuch disclosablepecuniaryinterests whichtheyhavealreadydeclared in  the Register, as well as any other registrable or other interests.

There were no declarations of interest made on this occasion.

The Interim Monitoring Officer informed members that a dispensation was being given to all Councillors so that they could take part in all meetings on the Members’ Allowances, and this would be in place until 31 March 2023. 

Members noted this dispensation.  This would so be noted on the specific agenda item.

To consider whether the public and press should be excluded from the meeting during consideration of any item on the agenda.

RESOLVED,that the press and public be not excluded during discussion of any items on the agenda today.

To consider a report from Westmorland and Furness Joint Committee asking Council to adopt a Code of Conduct for the Westmorland and Furness Shadow Authority, and note the commencement of recruitment of an Independent Person (copy enclosed).

Members had before them a report from the Technical Lead Legal and Democratic Services Workstream and Monitoring Officer (South Lakeland District Council, which brought forward proposals for the code of conduct to be adopted by the  Shadow Authority, as formulated by the Westmorland and Furness Joint Committee.

Councillor J Brook, as Chair of the Joint Committee, presented the report and reminded members that Councils had a legal obligation to adopt a code of conduct, which was expected of members of the Council and co-opted members of the authority under Sections 27 and 28 of the Localism Act 2011. He reminded members that they had all attended the training for this on 9 May 2022.

The Structural Changes Order provided that we must adopt a code of conduct at the first meeting of the Shadow Authority.

A declaration of interest form had been updated and all members had received a copy of this by email.

Councillor Brook moved the recommendations and these were seconded by Councillor Thornton.

One of the members pointed out that there appeared to be a number of copies within the report of the Code, and also some of the detail was missing.

The Legal and Democratic Workstream Lead and Interim Monitoring Officer said the details would be updated following today’s meeting and would be published on the Westmorland and Furness website.

The recommendations were then put to a vote, which was unanimous.

It was therefore RESOLVED, that

 (1) the Shadow Authority for Westmorland and Furness adopts the Code of Conduct, Guidance and Arrangements for Dealing with Standards Matters and the Register of Interests Form, as set out in the report; and

(2)  the Monitoring Officers be authorised to initiate a recruitment process to enable the Shadow Authority Westmorland and Furness to appoint an Independent Person(s) at the earliest opportunity.

To consider a report from the Westmorland and Furness Joint Committee asking Council to adopt the Constitution for the Westmorland and Furness Shadow Authority, which creates a Leader and Cabinet Executive within the meaning of Part 1A of the Local Government Act 2000 (a) (arrangements with respect to local authority governance)(the shadow executive) (copy enclosed).

Shadow Authority members considered a report from the Technical Lead – Legal and Democratic Workstream and presented by the Chair of the Westmorland and Furness Joint Committee, which presented members with the proposed Constitution.

This had previously been considered by the Westmorland and Furness Joint Committee and a number of changes were suggested to this.  Councillor J Brook, as Chair of the Joint Committee, was pleased to confirm that the changes requested had been captured in the report.

An addendum report had been circulated to all members with changes to capture the power for the monitoring officer to grant dispensations and the standards committee. The appointment of Chairs at the Council meeting, substitutes and the increase in number of members on the Overview and Scrutiny Committees. It was those updated recommendations that the Joint Committee Chair was moving.

Members noted that the Joint Committee proposed the creation of a Constitutional Review Group, which would be a forum for members appointed to the Group to raise amendments to this constitution and to commence work on the constitution for vesting day and beyond. There would be 8 members on this committee, not 7, as indicated in the report.   

One of the members said although Furness made up one third of the area the ruling party does not have a member in Barrow.  He asked the Chair of the Joint Committee whether the Executive would be open to including a member from the Furness area.

The Chair of the Joint Committee replied to say the Executive would not be open to this, but the Shadow Authority for Westmorland and Furness was an all embracing Council.

One of the members asked when the Executive would be considering Section 24 arrangements, as these would be crucial to many council services.

Councillor Brook said the Executive would be considering this as soon as possible, but he did not have a firm date yet.  The Interim Monitoring Officer updated to say this would be considered by Cabinet on 10 June 2022.

One of the members asked about the section in the Constitution called Powers of Officers and asked for clarification on 10.9 Statutory Responsibilities of the Monitoring Officer and Chief Finance Officer and delegations.

The Interim Monitoring Office said that there were no proposals to have either a Deputy Monitoring Officer or  Deputy Chief Finance Officer at this stage.

One of the members raised a query about the Term of Office for Shadow Authority members, which seems a bit confusing, and the Interim Monitoring Officer clarified this.

Councillor Brook said this could be referred to the Constitution Review Group for further clarification.

The recommendations were seconded by Councillor Jarvis, and upon conclusion of the debate, put to a vote.  The vote was unanimous.

It was therefore RESOLVED, that the Shadow Authority for Westmorland and Furness:

(1)  approve that the seats on Overview and Scrutiny Committee be established as 14, rather than 12 as shown in the original report;

(2)  agree that each group may appoint substitutes  ...  view the full minutes text for item 7.

To consider a report on the designation of interim statutory officers (copy enclosed).

Ms Plum, Ms Fisher and Ms Smith left the room at this point

Councillor J Brook, as Chair of the Joint Committee, informed members that under the Cumbria Structural Changes Order, the Shadow Authority was required to designate at its first meeting, on an interim basis, an officer to be responsible for performing the duties in the following statutory roles:-

·           Head of Paid Service;

·           Monitoring Officer; and

·           Chief Finance Officer

The Westmorland and Furness Joint Committee agreed the process and principles for the appointments in order for recommendations to be made to the Shadow Authority for the interim positions. At the first Joint Committee meeting an interview panel was elected and the results of the interviews were recommended to the Shadow Authority at the final Joint Committee meeting.

The Joint Committee recommendation was that the officers named below be appointed to the Westmorland and Furness Shadow Authority in line with the decision of the Joint Committee :-

•        Interim Head of Paid Service – Sam Plum, Chief Executive Barrow Borough Council;

•        Interim Monitoring Officer – Linda Fisher, South Lakeland District Council; and

•        Interim Chief Finance Officer - Helen Smith, South Lakeland District Council.

Councillor Brook moved the recommendations, which were seconded by Councillor Thomson.

One of the members asked if the three posts would be salaried, and if so, which fund would these be paid from.

Councillor Brook replied to say that none of the Interim posts were salaried.

Members asked what the impact of these posts would be on sovereign councils, and whether any considerations had been given to the work, life, balance of the individuals concerned.

Councillor Brook said the Interim appointees would remain as officers within their sovereign councils and would carry out dual roles.  The impact on their work, life, balance would have been considered in line with standard practice.

Members supported the appointments, and hoped that ‘backfilling’ arrangements would be in place quickly.

These recommendations were then put to a vote, the result of which was unanimous.

RESOLVED, that

(1)     Ms S Plum be appointed as the Westmorland and Furness Shadow Authority Interim Head of Paid Service;

(2)     Ms L Fisher be appointed as the Westmorland and Furness Shadow Authority Interim Monitoring Officer, and

(3)     Ms H Smith be appointed as the Westmorland and Furness Shadow Authority Interim Chief Finance Officer.

Ms Plum, Ms Fisher and Ms Smith returned to the room at this point.

To elect the Leader until the first meeting of the Westmorland and Furness Authority following Vesting Day.

Councillor Thornton nominated Councillor J Brook and this was seconded by Councillor V Taylor.  With no other nominations, it was

RESOLVED,that Councillor J Brook be elected as Leader of the Shadow Authority for Westmorland and Furness Council until the first meeting of the Westmorland and Furness Authority following vesting day.      

Councillor Brook thanked members for electing him as Leader.  He committed himself to do my utmost to help lead in an inclusive and collaborative way, in order that together it would be possible to create a Council that would best meet the needs and aspirations of our residents.

Councillor Brook was looking forward to working with all elected members.

For Shadow Council to receive the names of the Deputy Leader and members of the Shadow Executive.

Councillor Brook provided the Shadow Authority with the names of the Deputy Leader and members of the Shadow Executive.

RESOLVED,that members note the appointment by the Leader of the members of the Shadow Executive as follows:

Cllr J Brook Leader and Cabinet Member for Strategic Partnerships and Economy

Cllr P Bell   Deputy Leader and Cabinet Member for Adults, Health and Social Care

Cllr G Archibald   Cabinet Member for Climate and Biodiversity

Cllr J Derbyshire  Cabinet Member for Housing and Homelessness

Cllr N Hughes      Cabinet Member for Transport

Cllr A Jarvis Cabinet Member for Finance

Cllr D Jones Cabinet Member for Customer and Environmental Services

Cllr S Sanderson  Cabinet Member for Children’s Services, Education and Skills

Cllr P Thornton    Cabinet Member for Highways and Assets

Cllr V Taylor       Cabinet Member for Sustainable Communities and Localities

The Chair thanked the Leader for the information.

For Shadow Council to receive the names of the Leader and Deputy Leader of the political groups.

Confirmation had been received of the Leaders and Deputy Leaders of the Political Groups on the Shadow Authority.

RESOLVED,that members note the Leaders and Deputy Leaders of the Political Groups as follows:

Conservative Group           Leader – Cllr H Carrick

                                      Deputy Leader – Cllr M Brereton

Ind/Green Group               Leader – Cllr M Robinson

                                      Deputy Leader – Cllr J Filmore

Labour Group                    Leader – Cllr A Thomson

                                      Deputy Leader – Cllr D Brook

Lib Dem Group                  Leader – Cllr J Brook

                                      Deputy Leader – Cllr P Bell

To note the political balance of the Council and to consider the allocation of committee places (copy enclosed).

Members considered an addendum report from the Interim Monitoring Officer, which provided the political balance information and invited the Shadow Authority to agree the allocation of committee places between the political groups.

The Leader presented the report and moved the recommendations contained within the addendum report.

Councillor Bell seconded the recommendations, and this was then put to a vote.  The outcome of the vote was unanimous.

 RESOLVED,      that Council

(1)    notes the political balance of the Council, as set out in Appendix 1; and

(2)    notes the creation of a Leader and Cabinet Executive within the meaning of Part 1A of the Local Government Act 2000(s) arrangements with respect to local authority governance ("the shadow executive");

(3)    agrees the allocation of places on committees between the political groups in accordance with the political balance requirements of the Local Government and Housing Act 1989, as set out at paragraph 3.11 and Appendix 2;

(4)    receives nominations of councillors to serve on each committee as circulated to the meeting and agrees to the appointment of Members to the Council’s committees as set out in Appendix 3. 

(5)    agrees the appointment of Chairs and Vice Chairs as set out in Appendix 3.

To consider a recommendation from the Westmorland and Furness Joint Committee (copy enclosed).

Councillor J Brook, as Chair of the Westmorland and Furness Joint Committee, presented a report which asked members to adopt a Calendar of Meeting for the Shadow Authority.

The Cumbria Democratic Services Officers had put this together for meetings to be held from May 2022 to April 2023.  The proposed dates had been identified as these would not clash with the Committee meetings of the Sovereign Authorities in the Westmorland and Furness locality or meetings of the Cumberland Shadow Authority or Executive.

Councillor Brook moved the recommendations, which aligned with the Joint Committee recommendations but with some changes.   He took members through the proposed changes, which were:

·           Move the date of the Shadow Authority for Westmorland and Furness Council from 1 August, to a date to be confirmed.

·           Add an additional date for a meeting of the Shadow Authority for Westmorland and Furness Council to 5 September 2022

·           Move the Senior Appointments Committee from 30 May to 13 June

Members commented that a significant number of the Shadow Authority meetings were scheduled to take place during school holidays.

Councillor Brook noted this and would try to avoid holding meetings during school holidays.

The recommendations were then put to a vote, which was unanimous.

RESOLVED, that Council

(1)  agree the Schedule of Meetings for 2022/2023 for the Shadow Authority for Westmorland and Furness, attached as Appendix 1 to the report with the exception of any meeting date for the Shadow Authority on the 1 August which is removed and replaced with a meeting date in July, still to be confirmed;

(2)  agree to add an additional Shadow Authority date of 5 September 2022;

(3) The Senior Appointment Panel date to be moved to the 13 June 2022 and  the date of the 30th May 2022 removed from the calendar;

(4)  agree that, where practicable, the meetings are rotated across the area; and

(5)  members ask that officers to look again at the times of the Shadow Authority meetings.

To consider a report from the Programme Director (copy enclosed).

Members considered a report from the LGR Programme Director and presented by the Chair of the Westmorland and Furness Joint Committee, which informed them about the Implementation Team that had been established to support the Local Government Reorganisation process.

The Westmorland and Furness Joint Committee received a report providing the details of the “Implementation Team”, a single team of officers from the seven sovereign Councils  The Implementation Team was made up of all Chief Executives of sovereign Councils, the Chairs of the thematic groups (where these were not Chief Executives), the Programme Finance Lead and Programme Director. The Interim Heads of Paid Service would form part of the Implementation Team alongside the existing membership of Chief Executives, Senior Responsible Officers and thematic group Chairs.

Councillor Brook then moved the recommendation, which was seconded by Councillor Bell. 

One of the members asked whether the Implementation Team would support  the Shadow Executive in a way in which members would feel engaged and supported or if the Team would present Shadow Members with proposals which felt more like a ‘fait accompli’ from officers.

Councillor Brook responded to say that it was incumbent on all members to feel engaged in this process, and members should feel able to challenge the Implementation Team if they felt they needed to, and to provide leadership, where appropriate.

This recommendation was then put to a vote, which was unanimous.

RESOLVED, that the Westmorland and Furness Shadow Authority notes the implementation Team arrangements that are in place to support the LGR Programme.

To consider a report from the Programme Director (copy enclosed).

Councillor J Brook, as Chair of the Westmorland and Furness Joint Committee, presented a report which informed members about the Implementation Plan and programme governance that had been developed by officers from the seven sovereign Councils.  This was presented to the Joint Committee and aimed to ensure an effective transition to the new unitary councils on Vesting Day, 1 April 2023.

In July 2021 the Secretary of State announced his decision, subject to Parliamentary approval, to implement a two unitary pattern of Local Government in Cumbria based on an East-West geography.  The Cumbria (Structural Changes) Order 2022 (SCO) gave effect to that decision and came into force on 18 March 2022.

At its first meeting, the Westmorland and Furness Joint Committee felt that it was necessary to get an update on the process around the blue prints and sought reassurance of Member involvement in the process and requested that an update be provided at the May meeting. At the May meeting of the Joint Committee, Members received an update from the Programme Director which  set out the process for agreeing blue prints, the Joint Committee emphasised the importance of Member involvement in this process.

As part of the Order two separate Joint Committees were stablished, one for Cumberland and one for Westmorland and Furness, along with an Implementation Team for the purposes of assisting the Joint Committees in the discharge of its functions, and if required also to assist the Shadow Authority

With the dissolution of the Joint Committees, (the day following that on which the Shadow Authorities for each area held its first meeting), the Shadow Authorities then assumed responsibility for keeping the Implementation Plan that had been prepared under review and revised as necessary. The advice was that matters relating to the Implementation Plan were an executive function of the Shadow Authorities, and as a consequence this report was presented for information and noting by Members, with the intention that a further report on the Implementation Plan be presented to the meeting of the Shadow Executive in June for decision.

The Implementation Plan that had been prepared (at April 2022) described the approach that had been developed to deliver two sustainable Unitary Councils, and a sustainable Fire and Rescue service, in a safe, legal, and seamless fashion, delivering both benefits from day 1 and the foundation for further transformation in the future.

Councillor Brook proposed and moved the recommendations in the report and this was seconded by Councillor Jarvis.

One of the members commented that the work of the Statutory Officers would mean that many officers would be involved in carrying out additional work to try to backfill any gaps.  It was important for members to recognise this and support all the officers involved.

Another member said it was important for the new Shadow Authority to make the most of the opportunities presented by the creation of the new unitary authority.  He wondered how the opportunities and benefits presented would be communicated.

Councillor Brook said that benefit management  ...  view the full minutes text for item 15.

To consider a scheme for Members’ Allowances and the appointment of the Independent Remuneration Panel (copy enclosed).

A dispensation was being given to all Councillors so that they could take part in all meetings on the Members’ Allowances, and this would be in place until 31 March 2023.

Councillor J Brook, as Chair of the Westmorland and Furness Joint Committee, presented an updated addendum report, with regards to the adoption of the Members’ Allowances Scheme and the appointment of the Independent Remuneration Panel.  The addendum report provided a revised set of recommendations proposed by the Joint Committee.

The Members’ Allowances Working Group were tasked with convening an LGR Independent Remuneration Panel (IRP) and facilitating the Panel in order to support and assist in their deliberations to propose recommendations for a Scheme of Member Allowances for the two Shadow Authorities, it was agreed that one scheme would be produced for both Cumberland and Westmorland and Furness Joint Committees for separate adoption by their respective Shadow Authorities.

The Westmorland and Furness Joint Committee felt that the timescales were too short time for the IRP to collect the significant amount of data required as well as engagement with Members before bringing the report to the Joint Committee. Therefore, a set of alternative recommendations were proposed, seconded and agreed, with the basic allowance being paid with the scheme being subject to an immediate review by the new IRP. Special Responsibility Allowances would be set to zero pending the review and would be backdated  to the beginning of the year once a scheme had been agreed by the Shadow Authority.

Councillor Brook then moved the proposed recommendations as set out in the addendum report, which were seconded by Councillor Thomson.

One of the Councillors, who had attended the first Westmorland and Furness Joint Committee recalled that the Joint Committee had agreed that whatever had been proposed by the IRP would be accepted, but this was not the case, if the recommendations in the addendum report were agreed.

The Interim Monitoring Officer said when that statement was made members had not seen the recommendations from the IRP.  When the report was presented at the last meeting of the Joint Committee members felt unable to support the recommendation, hence the addendum report was issued.

Members raised an issue which was not covered by any of the recommendations from the Joint Committee, which was about members that may choose to forgo their allowance and instead donate it to a charity.

The Interim Monitoring Officer said although this was not covered by the recommendations it may be possible to build this into the scheme going forward, and she would discuss this with the Section 151 Officer.

One of the members asked whether it would be possible for members to meet the IRP to talk about allowances.

The Interim  Monitoring Officer said it had not been possible to engage with members this time, but she was hopeful this could be arranged going forward.

Following a detailed debate on this, the recommendations were then put to a vote.  It was

RESOLVED, that

(1)   the report be noted;  ...  view the full minutes text for item 16.

To consider any urgent items of business.

There were no urgent items for discussion at this meeting.