24 03 2004

A MEETING OF THE SERVICES OVERVIEW AND SCRUTINY COMMITTEE

WAS HELD ON 24 MARCH 2004

Councillors Burgess (P), Carr (P), Clinton (P), Hayward (P),Redrup (P), M Russell (P), P Russell (P), Taylor (P), and Train (P)

29.	APOLOGIES

An apology for inability to attend the meeting was received on behalf of the Borough Solicitor.

30.	DECLARATIONS OF INTEREST

There were no declarations of interest.

31.	MINUTES

RESOLVED: That the Minutes of the meeting of the Committee held on 5 February 2004 be approved and signed by the Chairman as a true and correct record.

(It was noted that Councillor M Russell had replaced Councillor Mrs Gravell on the Allotments Working Group.)

32.	REVIEW OF SCRUTINIES BEING UNDERTAKEN

The Committee considered the progress of the working groups undertaking scrutiny on the following issues:

(i) Allotments

The action plan and progress showing areas of investigation and action to be taken by the Allotments Working Group had been circulated with the agenda.

Members noted that the information gathering process was progressing following the public meeting on Wednesday 18 February 2004. The Working Group proposed to meet towards the end of April to consider the information received in preparation for the final report to the Community and Environment Board in July 2004.

Members noted that the proposal for a cemetery on the Brockhurst allotment site was not to be pursued.

RESOLVED: That the Allotments Working Group's action plan and progress be noted.

(ii) Anti-Social Behaviour

The action plan and progress showing areas of investigation and action to be taken by the Anti Social Behaviour Working Group had been circulated with the agenda.

Members were informed that information gathering for the scrutiny of Anti Social Behaviour was in its early stages although it had become evident that changes would be needed to the Housing Services Tenant & Repairs Handbook in the light of new powers reflected in the Anti Social Behaviour Act 2003.

The date for publication of statutory and good practice guidelines, regarding Sections 12-17 of the Act relating to new powers for Social Landlords, had been given as June 2004. The Head of Economic Regeneration had contacted the Office of the Deputy Prime Minister and it was reported that the publication date was more likely to be July 2004. Draft guidelines were anticipated to be available for consultation in April 2004.

The Working Group intended to invite the Housing Services Manager to a future meeting to discuss the implications of the new legislation referred to in the Anti Social Behaviour Act 2003.

RESOLVED: That the Anti Social Behaviour Working Group's action plan and progress be noted.

(iii) Travellers in Gosport

The action plan and progress showing areas of investigation and action to be taken by the Travellers in Gosport Working Group had been circulated with the agenda.

It was reported that site visits had been carried out to enable Members to
(i) examine location(s) where security measures had been taken to prevent illegal encampments; and (ii) other potentially vulnerable site for incursions.

Details of sites visited would be made available to those Members who had been unable to attend and officers suggested that individual visits could be arranged separately, if required.

RESOLVED: That the Travellers in Gosport Working Group's action plan and progress be noted.

33.	CONSIDERATION OF SCRUTINY FINDINGS

Health and Safety at Work Enforcement Policy

The Committee received the report of the Health and Safety at Work Enforcement Policy Working Group, which outlined the background and methodology of the scrutiny process.

The Working Group had met on three occasions and the Health and Safety at Work Enforcement Policy had been re-drafted in line with the Food Safety Enforcement Policy, which had been approved by the Committee on 5 February 2004 and recommended to Community and Environment Board on 1 March 2004. The Health and Safety at Work Enforcement Policy now incorporated similar wording and references as the Food Safety Enforcement Policy, together with the use of plain English to ensure better understanding and clarity. The Working Group had also received a copy of the generic enforcement policy to ensure a consistent approach across all similar policies.

Members expressed concern that at present there was not a clear procedure for approved scrutiny reports from the Overview and Scrutiny Committees to be referred on to Boards or Council. It was suggested that the Chairman of the Overview and Scrutiny Committee or representative/s from the relevant Working Group might present the report and its recommendations.

This issue would be referred to the Overview and Scrutiny Handbook Working Group for consideration.

A Member referred to the EU Working Directive and working regulations under the Health and Safety at Work Act. The Head of Environmental Health (Commercial) assured the Committee that the Enforcement Policy encompassed all relevant regulations and statutory requirements.

RESOLVED: That

(i) the Community and Environment Board be advised that the Services Overview and Scrutiny Committee:

	(a) has agreed the Health and Safety at Work Enforcement Policy;

	(b) considers that the Health and Safety at Work Enforcement Policy should be reviewed every two years; and

	(c) considers that similarly related draft enforcement policies be scrutinised during their development, as and when appropriate, and that this Committee retain an overview of any proposed review to the generic enforcement policy

34.	REQUESTS FOR SCRUTINY

The Committee considered the following request for scrutiny:

Provision of Public Toilets

In accordance with Standing Order 5.4.2, three Members had submitted a request for the above issue to be scrutinised.

In view of the Committee's current workload, it was felt that it would be appropriate to consider this request in the new Municipal Year.

RESOLVED: That a decision whether or not to scrutinise the provision of public toilets in the Borough be deferred until the new Municipal Year.

35.	DEVELOPMENT OF A WORK PROGRAMME

The Committee reviewed the content of their work programme and considered its development.

Members noted that the Working Group set up to review the Health and Safety at Work Enforcement Policy had completed their scrutiny and that their report and recommendations and those of the Committee would be reported to the Community and Environment Board in due course.

The Committee confirmed that they wished to be involved in the review of the Food Safety Enforcement Policy and the Health and Safety at Work Enforcement Policy every two years or if there was a major change in legislation. Members also suggested that the generic policy be scrutinised later in Municipal Year 2004-2005.

Topic	Detail	Timescale	Action by
Travellers in Gosport	To investigate the problems arising from incursions in Gosport	On going Completion of scrutiny in first cycle of Municipal Year 2004-2005	All Committee Members
Allotments	To undertake a Borough-wide investigation in respect of allotments	6 months or by the end of the Municipal Year 2003-2004. Report to Committee anticipated in first cycle of Municipal Year 2004-2005	Councillors Clinton, M Russell and Train
Anti-social behaviour	To consider the protocols, policies and enforcement to deal with anti-social behaviour.	On going	Councillors Carr, Redrup and Taylor
Generic Policy	To consider a review of the policy	By the end of the Municipal Year 2004-2005	To be advised
Food Safety Enforcement Policy	To consider a review of the policy	2006
Health and Safety at Work Enforcement Policy	To consider a review of the policy	2006
Contract Procurement	To be involved in a review of contract procurement	To be determined in consultation with the Chairman	To be advised

36.	ANY OTHER BUSINESS

There was no other business.

37.	CLOSING REMARKS

Members expressed their thanks to Councillor Burgess for chairing the meetings during the year and to officers for their support, resulting in a positive change in the scrutiny process.

The meeting commenced at 6.00pm and concluded at 6.35pm

CHAIRMAN