Minutes:
The Mayor, Chief Executive, Executive Director for Resources and
Regeneration and the Head of Law all left the meeting during consideration of
this item.
Where a report is received less than 5 clear days before the date of the
meeting at which the matter is being considered, then under the Local
Government Act 1972 Section 100(b)(4) the Chair of the Committee can take
the matter as a matter of urgency if he is satisfied that there are special
circumstances requiring it to be treated as a matter of urgency. These special
circumstances were stated to be as follows:
This report was not available for the original dispatch because was drafted in
part in relation to continuing allegations appearing in the press. The report
was urgent and could not wait until the next meeting of Mayor & Cabinet and
Council because there was an urgent need for the Council to consider
whether to establish an Inquiry to inspire public confidence as soon as
possible.
In proposing the recommendations, the Chair read out the following
statement:
“I propose that the Council establish an independent Inquiry into matters
relating to a proposed Compulsory Purchase Order of land at New
Bermondsey/Surrey Canal. I am doing this so, that as a Council, we can
demonstrate our commitment to the highest standards of behaviour in public
life.
I'm proposing too that any Inquiry must be independent so that all parties and
members of the public can have confidence in the outcome.
A number of concerns have emerged and it is vital that the Council gets to the
root of these issues as quickly and thoroughly as possible - and establishes
whether anyone has acted improperly or inappropriately. I believe we can
only do this by establishing an Independent Inquiry.
If we accept the need for an Inquiry, we need to agree its scope and terms of
reference. I propose that they be as set out in paragraph 5 of the report. You
will see that as well addressing specific issues that have been identified as a
cause for concern, they would give the person conducting the Inquiry wide
discretion. That person may look into any matter he/she considers
appropriate for investigation.
We also have to agree on the person to be appointed to conduct the Inquiry.
It must be someone truly independent with sufficient skill and experience for
the Inquiry to be robust. The report proposes that we approach the Chair of
the Bar Council to nominate an independent and experienced QC.
We must also decide to whom the final report should be made I propose that
we establish a New Bermondsey/Surrey Canal Inquiry Committee to receive
the report and make recommendations to full Council based on its findings.
This committee will also receive progress reports and monitor the costs
incurred.
We need to be realistic about the cost of this process. That's why I am
proposing that £500,000 be agreed as the budget for the Inquiry.
In relation to timescales, obviously we would want the Inquiry to report as
soon as possible, but must recognise that it is likely to take at least 6 months.
The inquiry therefore should report in September 2017 or as soon as possible
after that.
To conclude, I suggest that we agree the recommendations in the report:
• That we agree to the establishment of the independent Inquiry
• That we agree the proposed scope and terms of reference
• That we ask the Chair of the Bar Council to appoint an independent QC
• That we agree a budget of £500k for the Inquiry
• That we agree to the Executive Director for CYP being the Council's
officer lead
• That we establish a cross party New Bermondsey/Surrey Canal Inquiry
Committee
• That we agree that the person conducting the Inquiry is given the
freedom to investigate any other matters which he/she thinks ought to
be explored.”
The recommendations were then formally seconded by the Vice-Chair of the
Council. Following a debate to which Councillors Coughlin and Mallory
contributed, the recommendations were put to the vote and declared to be
unanimously carried.
Following the Council’s agreement to the recommendations shown below,
there was a 1 minute adjournment of the meeting to allow Mayor & Cabinet to
formally endorse the same recommendations.
RESOLVED that
(1) an independent Inquiry be established to investigate matters related to the
Council’s proposed compulsory purchase order of land at New
Bermondsey/Surrey Canal;
(2) the terms of reference for the Inquiry as set out in paragraph 5 be
approved;
(3) the Chair of the Bar Council be approached to appoint a QC who meets
the criteria set out in paragraph 6 to conduct the Inquiry and, if he is unable to
make such an appointment, to nominate an alternative intermediary with an
equal level of probity and independence;
(4) expenditure of up to £500,000 be approved for the conduct of this Inquiry;
(5) the Executive Director for Children and Young People be the Council’s
officer lead in relation to the establishment and conduct of the Inquiry;
(6) a cross party New Bermondsey/Surrey Canal Inquiry Committee be
established comprising four majority group members and the minority party
member to receive the report of the Inquiry, to receive periodic reports on
progress, expenditure incurred and to make recommendations to full Council
and Mayor and Cabinet for any action arising from the Inquiry; and
(7) if, in the course of the investigation, the person conducting the Inquiry is of
the view that there are any other matters which ought to be explored in the
context of the Inquiry, they should investigate those matters and report on
them to the Council.
Supporting documents: