To receive the final report of the Panel.  

Rebecca James, Scrutiny and Policy Officer introduced the final draft report from the joint Scrutiny Task and Finish Group on the ‘Joint Scrutiny of the scope and proposed arrangements for a Sub-Regional Leisure Facilities Operator Contract’, pages 115 to 134 of the Agenda refer.

In response, Phil Perry, Assistant Director – Leisure and Culture assured Members that the report had highlighted that a comprehensive review of the process had been undertaken by the Task Group.

Members were invited to put their comments and questions forward.

·         A Member commented that feedback had been received that Task Group attendance was poor and that there were concerns with the decision-making process.

·         A Member further queried the decision-making responsibility of the Executive Board and voiced concerns that the final decision on the contract was not the responsibility of the Full Council.  In response, the Assistant Director – Corporate confirmed to Members that the decision was an executive function and within the budget framework for the Executive Board to approve a contract of this value.

·         Members expressed further dissatisfaction that the Executive Board held the final decision.   In response, the Assistant Director – Corporate further advised Members that the Executive Board were permitted to spend more than £500,000 if the request for funds was part of the approved budget framework. 

·         Phil Perry, Assistant Director – Leisure and Culture drew Members attention to Appendix 1 and Appendix 3 of the report and reminded Members of the benefits of working in Partnership.  It was highlighted that ELDC was still a sovereign authority, and that each Council across the Partnership was responsible for its own decision making and scrutiny functions, pages 119 to 134 of the Agenda refer.

·         A Member queried what would occur in the situation where one of the three Partnership Councils did not agree.  In response, the Assistant Director – Leisure and Culture informed Members that decisions would need to be taken and depended on the circumstances at each stage.

·         In reference to the decision for the Regional Leisure Facilities Operator Contract being Partnership wide and where options to prepare for different decisions at one or more Councils was considered, a Member queried a previous understanding that each Council was responsible for its own decisions and that the decision would be presented to Full Council, page 121 of the Agenda refers.

·         A Member further referenced the Constitution in that all procurement procedures must deliver the most economically advantageous contribution and expressed concern with the implications of selecting the cheapest option. 

·         A Member expressed dissatisfaction with the process for awarding contracts which could result in a loss of benefits for residents.  In response, the Chairman advised Members that the potential issues being raised were expected when going out to tender for any contract.

The Scrutiny and Policy Officer advised Members that the procurement process was a framework and that the awarding of contracts by the Executive Board was part of the framework when decisions were not able to be delegated to officers.

Members were further referred to the statement on the Council’s Financial Procedural Rules which stated that if the additional budget request was greater than £500k this would require Full Council approval, page 122 of the Agenda refers.

The Scrutiny and Policy Officer provided further clarification to Members that the Executive Board was not making the final decision and was only being consulted on the report.

In response, the Assistant Director – Leisure and Culture provided Members with assurances that the decision to award contracts was not price driven and was based on a balance between quality, price and corporate priorities which was not intended to disadvantage any tender. 

·         The Chairman and Scrutiny and Policy Officer further clarified to Members that attendance for the Task and Finish Group was well attended.

·         A Member expressed further dissatisfaction with the awarding of contracts being the sole responsibility of the Executive Board and commented that the Constitution needed to be amended.

The Chairman thanked the Scrutiny and Policy Officer and Assistant Director – Leisure and Culture for their report.

Upon being put to the vote it was:

RESOLVED:

·         That the draft report on the ‘Joint Scrutiny of the scope and proposed arrangements for a Sub-Regional Leisure Facilities Operator Contract‘ be noted and the associated recommendations agreed.

N.B. The Assistant Director – Leisure and Culture left the Meeting at 11.47am.