Agenda item

An opportunity for non-Cabinet Members to raise issues.

Cllr G Barnell stated:

At the last meeting of the Scrutiny Committee on 18th January the Leader, Cllr Deed, gave an undertaking that the forthcoming 3RDL Business Plan would be the subject of pre scrutiny by this committee at today’s meeting. He gave a further undertaking that the Business Plan would return to Cabinet on 18th February, the forward plan confirms that, for further consideration before proceeding to Council on 24th February for a decision.

In accordance to the legislation on how local government business should be conducted, the Cabinet agenda report on the 3RDL Business Plan was published publicly a week before the Cabinet on 4th February together with the Plan which was circulated to Members only. The recommendation in the report was that Cabinet recommend the Business Plan and this was consistent both with Cllr Deed commitment to the Scrutiny Committee on the 18th and formal notice of Mid Devon key decisions which stated that the Cabinet be asked to consider the Business Plan.

The report and its recommendations remained unchanged prior to the Cabinet meeting on 4th February and during the meeting until the item was called for discussion, it stayed the same until the item was called. After the item had been called, the Leader announced that the recommendation was to be changed very significantly, he removed the word recommends and replaced it with the word approves. This amendment immediately changed the entire purpose of the report and the consequences of the subsequent Cabinet discussion and the Cabinet proceeded to approve the Business Plan and significant loan amounts to 3RDL.

The questions are these:

1.    The change of one word in the reports recommendation entirely changed the purpose of the report. It effectively became a new report. Is it lawful and/or constitutional for a report to be considered by Cabinet without prior notice?

2.    Is it lawful or constitutional for a key decision to be made on a report to Cabinet without prior notice of its intention to consider making one?

3.    Was the decision by Cabinet on 4th February to approve the 3RDL Business Plan and very significant loans, was that decision lawful and constitutional?

The events described above point to a strong possibility that the Leader of the Council set out to deliberately mislead the Scrutiny Committee and the wider membership of Mid Devon and also members of the public. To mislead them about purpose of intent of 3RDL Business Plan on 4th February. This could be seen as an attempt to avoid scrutiny of the business plan and to push through Cabinet approval at the earliest opportunity. Given the prima facie evidence that the Leader may have mislead Scrutiny Committee, together with the membership and the public, will the Monitoring Officer carry out an investigation into the matter of possible misconduct. In this conduct I would refer her to the Nolan principles of integrity, accountability, openness, honesty to which I might add leadership.

The Monitoring Officer explained that she would replying in detail and in writing which would be circulated to the Committee.

The Leader accepted that as the charges against him by Cllr Barnell as to his motives and conduct were serious he would not respond but leave a response to the Monitoring Officer.