Agenda item

For Members of the Joint Overview and Scrutiny Committee to pre-scrutinise the Constitution Review 2024

The Monitoring Officer for the Cardiff Capital Region City Deal presented the report and draft constitution to Members to provide them an opportunity for pre-decision scrutiny of the draft Constitution of the South East Wales Corporate Joint Committee (SEWCJC) prior to consideration by SEWCJC on 18 March 2024. If the arrangements are approved, Regional Cabinet will be asked to formally transfer responsibility for City Deal to the CJC with effective date of 00:01 hours on 1 April 2024

Committee Members welcomed the comprehensive report and acknowledged the complexity that the draft CJC Constitution is a significant document, which requires a significant amount of work and effort to produce and acknowledged that there would be a period of transition from the 1^st April whilst the CCRCD “lifts and shifts” to the new CJC model.

Members of the Committee welcomed the opportunity to support the transition process and recommended that the JOSC review the constitution periodically as a living, working document to ensure it remains relevant and fit for purpose.

The JOSC noted that whilst the CJC is a statutory body, established by legislation, they considered whether there needs to be a specific reference made, that any “winding up” mechanism, would require primary or secondary legislation. 

Members acknowledged that the Corporate Joint Committee will continue to be known as the Cardiff Capital Region to continue to build on established reputation, however, a Member considered for the Local Authorities that sit outside of Cardiff, the name Cardiff Capital Region can have a negative reputation amongst residents, with common misconception that funds are being sent to and used only for the benefit of Cardiff.  The Committee therefore recommended that the reference to Cardiff not specifically be referenced to ensure it is reflective of its regional nature.

Members of the Committee were reassured that from April, the Corporate Joint Committee will have a published Work Programme improving transparency and accountability, but also to support the JOSC in determining items for their own Work Programme, particularly in identifying matters for pre-scrutiny. 

A number of Members emphasised the importance of pre-decision scrutiny to allow for thorough evaluation of options before key decisions are made.  Members therefore recommended that this is explicitly mentioned in the constitution under the role and responsibilities of the JOSC in addition to ensuring there is a clear definition between the role of the Governance and Audit Committee and the JOSC to give a good framework for Members to have a clear understanding of their role. 

Whilst Members acknowledged that Budget reporting for the CJC will sit within the Terms of Reference of the Governance and Audit Committee, as a Joint Overview and Scrutiny Committee they felt this should also be considered within their Annual Work Programme.  Members therefore also recommended that there is greater clarity on the role of the deputy members on the JOSC. 

Under Article 4.2, referring the Policy Framework, Members were reassured by the Director to hear that whilst Climate Change is not a Statutory Policy duty this is currently under discussion with Welsh Government colleagues to add this as a core statutory duty to address the current Climate crisis.

When considering the criteria for a Key Decision, Members reflected that “significant effects” account for where there is an effect on two or more Local Authority areas.  Members recommended amending to include “or a Broad Regional Strategic Impact” as some decisions could sit within one Local Authority area but have a Broad regional impact, Aberthaw Power Station as one example.

To ensure equality and a responsibility to those Members and Officers who may have illnesses such as diabetes, Members recommended including a meeting break clause under the Corporate Joint Committee Procedure Rules noting that good meeting practice is a 15 minute break every 90 minutes with an adjournment after 3 hours. Members also recommended having reference to Welsh Government’s Race Equality Action Plan throughout the constitution

Following consideration of the item it was RESOLVED to:

(1)      Review and consider the draft Constitution of the South East Wales Corporate Joint Committee.

(2)      Consider and determine any other matters that members may wish to scrutinise over the coming period.