Agenda and minutes

Minute of the meeting of 26 March 2015 to be noted and signed by the Chairman. (Copy attached).

There had been circulated copies of the Minute of 26 March 2015.

DECISION

NOTED for signature by the Chairman.

MEMBER

Councillor Archibald joined the meeting.

Briefing by Procurement & Payment Services Manager.  (Copy briefing note and appendix attached.)

(a)     With reference to paragraph 6(a) (vii) of the Minute of 26 March 2015, there had been circulated copies of a Briefing Note on Control of Contractors Policy/Repairs and Maintenance Framework Agreement Procurement Project.  The paper was presented to the Committee by Kathryn Dickson - Procurement and Payment Services Manager, Graham Cresswell - Health and Safety Manager, Ray Cherry - Senior Architect and Stuart Mawson – Property Manager.  Ms Dickson explained that Scottish Borders Council had adopted the Control of Contractors Policy in May 2014 which required that the Council only employed contractors who were fully accredited members of Constructionline's Safety Schemes in Procurement (SSIP) and who held green status.  Accreditation also supported the streamlined tendering process by minimising bureaucracy, as well as ensuring that all trades working for the Council on lower value reactive and planned maintenance works were compliant with Health and Safety requirements.  The Control of Contractors Policy was considered by the Authorities Benchmarking Committee, which represented a group of eleven Local Authorities, to be essential for compliance with Health and Safety management.  The full Policy was attached as an appendix to the report.  Ms Dickson explained that although procurement could be seen as being bureaucratic, the process for registering with Constructionline reduced the amount of paperwork required so that contractors only needed to complete this once a year rather than for every contract.  Once the forms had been completed by contractors, the information was assessed by officers prior to the contractor being added to the list of contractors used by the Council.  Constructionline created tender lists for work within the Public Sector.  These lists were accessible to contractors and offered an opportunity for companies to consider additional work.  Mr Mawson advised Members that the Council issued approximately 11,000 work instructions issued each year and as it was not possible for a member of his team to visit each job, it was essential to have a robust process and a minimum benchmark standard on which to rely.  Mr Cherry explained that in the eyes of the law, the Council was the client and therefore had a legal responsibility to provide a safe working environment.  The absence of registration with Constructionline would require officers of the Council to assess every contractor for each piece of work at a high labour cost to the Council.  Discussion followed and officers responded to a number of questions raised by Members.  Members were informed that the Procurement Team had run five roadshows the previous year to demonstrate to contractors how the process worked and offered support for those wishing to register with Constructionline.  In terms of current registrations, 49 contractors now held full green status, 72 were in the process of being registered and a further 30 were yet to proceed with registration.  A further well-attended event had been held recently at Springwood Park in Kelso when Constructionline was present to offer advice and support.  Concern was raised regarding the status of Constructionline.  Ms Dickson explained that paragraph 4.5 of the Control  ...  view the full minutes text for item 2.

Consider report by Director Corporate Transformation and Services.  (Copy attached.)

(a)       With reference to paragraph 5 of the Minute of 26 March 2015, there had been circulated copies of a report by the Director Corporate Transformation and Services proposing a process for the recording of Notices of Concern by Scrutiny.  In addition to its "Call In" role, Scrutiny also had within its remit the power to issue a Notice of Concern whereby it gave notice to the Executive Committee of its intention to revisit a decision of the Executive at a future date to satisfy itself that the decision had been put into effect, or that the intended outcomes of the decision had been achieved.  The Clerk to the Council explained that this did not mean that a decision of the Executive Committee was being challenged but merely that it would be revisited at a later date and the Note of Concern was a marker for this further future monitoring.  A Note of Concern should include the reasons for its issue and the anticipated time when Scrutiny would revisit the matter but it would not defer the implementation of a decision by the Executive Committee. 

(b)     Discussion followed in relation to the timescales for issuing a Notice of Concern and it was agreed that no time limit would be imposed on the basis that a concern might not be apparent for a considerable time after a decision was implemented.

DECISION

AGREED to:-

(a)  approve the proposed Notice of Concern process as detailed in the report; and

(b)  notify the Executive Committee of the decision to approve the Notice of Concern process.

PRIVATE BUSINESS

(c)   DECISION

        AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in the Appendix to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 8 of Part I of Schedule 7A to the Act.

SUMMARY OF PRIVATE BUSINESS

Members discussed issues relating to a large construction projects in the Council area.

        PUBLIC BUSINESS

DECISION

AGREED to:-

(a)  approve the proposed Notice of Concern process as detailed in the report; and

(b)  notify the Executive Committee of the decision to approve the Notice of Concern process.

Update and discussion on priorities.

(a)       With reference to paragraph 5 of the Minute of 26 March 2015, there was circulated at the meeting a list of subjects which the Scrutiny Committee had been asked to review and which included the source of the request, the stage the process had reached and the date, if identified, of the Scrutiny meeting at which the information would be presented.  Members were advised that care would be taken to ensure that there would not be any duplication of work undertaken by Audit and Risk Committee.  It was further agreed that whenever possible, two Hearings would be scheduled for each meeting of the Committee.  In terms of the Corporate Risk Register, Members were advised that this was being discussed at Corporate Management Team and if any appropriate areas for review from the Register were identified, these may be presented to Scrutiny for consideration at a future date.  Two amendments to the list of subjects for review were agreed, namely the addition of the Drugs and Alcohol Strategy and that Home Schooling and Non-Schooling would be presented at the Scrutiny Committee meeting scheduled for August 2015. It was also agreed that an item proposed by a member of the public for review be considered under Private Business.

PRIVATE BUSINESS

               DECISION

(b)  AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in the Appendix to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 8 of Part I of Schedule 7A to the Act.

SUMMARY OF PRIVATE BUSINESS

Members discussed issues relating to the contract for a Waste Treatment Facility at Easter Langlee.

PUBLIC BUSINESS

DECISION

AGREED:-

(a)     the proposed list of subjects for review by Scrutiny Committee, subject to the following amendments:-

(i)      the addition of a Hearing on the Drugs and Alcohol Strategy;

(ii)     the Hearing on Home Schooling and Non-Schooling would be considered at the Scrutiny Committee meeting in August 2015;

 (b)    that two Hearings be scheduled for each meeting of the Committee whenever possible; and

(c)     not to proceed with a review proposed by a member of the Public on the contract for a Waste Treatment Plant at Easter Langlee.

(a)       With reference to paragraph 5 of the Minute of 26 March 2015, there had been circulated copies of a report by the Director Corporate Transformation and Services proposing a process for the recording of Notices of Concern by Scrutiny.  In addition to its "Call In" role, Scrutiny also had within its remit the power to issue a Notice of Concern whereby it gave notice to the Executive Committee of its intention to revisit a decision of the Executive at a future date to satisfy itself that the decision had been put into effect, or that the intended outcomes of the decision had been achieved.  The Clerk to the Council explained that this did not mean that a decision of the Executive Committee was being challenged but merely that it would be revisited at a later date and the Note of Concern was a marker for this further future monitoring.  A Note of Concern should include the reasons for its issue and the anticipated time when Scrutiny would revisit the matter but it would not defer the implementation of a decision by the Executive Committee. 

(b)       Discussion followed in relation to the timescales for issuing a Notice of Concern and it was agreed that no time limit would be imposed on the basis that a concern might not be apparent for a considerable time after a decision was implemented.

PRIVATE BUSINESS

(c)     DECISION

          AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in the Appendix to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 8 of Part I of Schedule 7A to the Act.

SUMMARY OF PRIVATE BUSINESS

1.       Members discussed issues relating to a large construction projects in the Council area.

PUBLIC BUSINESS

DECISION

AGREED to:-

(a)     approve the proposed Notice of Concern process as detailed in the report; and

(b)     notify the Executive Committee of the decision to approve the Notice of Concern process.

(a)       With reference to paragraph 5 of the Minute of 26 March 2015, there was circulated at the meeting a list of subjects which the Scrutiny Committee had been asked to review and which included the source of the request, the stage the process had reached and the date, if identified, of the Scrutiny meeting at which the information would be presented.  Members were advised that care would be taken to ensure that there would not be any duplication of work undertaken by Audit and Risk Committee.  It was further agreed that whenever possible, two Hearings would be scheduled for each meeting of the Committee.  In terms of the Corporate Risk Register, Members were advised that this was being discussed at Corporate Management Team and if any appropriate areas for review from the Register were identified, these may be presented to Scrutiny for consideration at a future date.  Two amendments to the list of subjects for review were agreed, namely the addition of the Drugs and Alcohol Strategy and that Home Schooling and Non-Schooling would be presented at the Scrutiny Committee meeting scheduled for August 2015. It was also agreed that an item proposed by a member of the public for review be considered under Private Business.

PRIVATE BUSINESS

                   DECISION

(b)     AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in the Appendix to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 8 of Part I of Schedule 7A to the Act.

SUMMARY OF PRIVATE BUSINESS

2.       Members discussed issues relating to the contract for a Waste Treatment Facility at Easter Langlee.

PUBLIC BUSINESS

DECISION

AGREED:-

(a)     the proposed list of subjects for review by Scrutiny Committee, subject to the following amendments:-

(i)      the addition of a Hearing on the Drugs and Alcohol Strategy;

(ii)     the Hearing on Home Schooling and Non-Schooling would be considered at the Scrutiny Committee meeting in August 2015;

(b)     that two Hearings be scheduled for each meeting of the Committee whenever possible; and

(c)     not to proceed with a review proposed by a member of the Public on the contract for a Waste Treatment Plant at Easter Langlee.

The meeting concluded at 11.40 am.