Agenda item

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.