Scrutiny Committee – 13 December 2007
(a) Call In of Executive Decision – Transfer of Payroll Service
At the meeting of the Scrutiny Committee, held on 13 December 2007, the decision taken by Councillor Jerry Patterson to transfer the Council’s payroll service to South Oxfordshire District Council was called in for further scrutiny, as it was felt that one of the six options identified for the future delivery of the service (option 6) had not been explored sufficiently. At the meeting, the Committee considered further information from the Council’s Head of Human Resources on option 6 and in the light of this the further information, had no concerns regarding the decision taken by Councillor Patterson. However, in reaching this decision the Scrutiny Committee resolved that the Executive be advised that in future full information should be included in all Executive Member decision notices.
(b) Review the Activity of the Executive
Minute Ex.102 – Health and Safety Training
The Scrutiny Committee noted that the Executive, at its meeting on 7 December 2007, had recommended that the Council makes it a mandatory requirement for all Members of the Executive and the Scrutiny Committee to be accredited to the Institute of Occupational Safety and Health 'Safety for Senior Executives' training standard and request the Strategic Director and Monitoring Officer to arrange evening training session options to which other Members of the Council are to be invited also.
In considering this matter the Scrutiny Committee was opposed to making the training mandatory for Members of the Scrutiny Committee and has recommended Council accordingly.
Minutes:
Scrutiny Committee – 13 December 2007
(a) Call In of Executive Decision – Transfer of Payroll Service
(Time: 2.46pm to 2.48pm)
(Councillor Angela Lawrence declared a personal and prejudicial interest and in accordance with Standing Order 34, she left the meeting during its consideration.)
At the meeting of the Scrutiny Committee, held on 13 December 2007, the decision taken by Councillor Jerry Patterson to transfer the Council’s payroll service to South Oxfordshire District Council was called in for further scrutiny, as it was felt that one of the six options identified for the future delivery of the service (option 6) had not been explored sufficiently. At the meeting, the Committee considered further information from the Council’s Head of Human Resources on option 6 and in the light of this the further information, had no concerns regarding the decision taken by Councillor Patterson. However, in reaching this decision the Scrutiny Committee asked that the Executive was advised that in future, full information should be included in all Executive Member decision notices.
RESOLVED
that the advice from the Scrutiny Committee be noted.
(b) Review the Activity of the Executive
Minute Ex.102 – Health and Safety Training
(Time: 2.48pm to 2.58pm)
At its meeting on 13 December 2007, the Scrutiny Committee noted that the Executive had recommended that the Council made it a mandatory requirement for all Members of the Executive and the Scrutiny Committee to be accredited to the Institute of Occupational Safety and Health 'Safety for Senior Executives' training standard and requested that the Strategic Director and Monitoring Officer should arrange evening training session options to which other Members of the Council were to be invited also.
In considering this matter the Scrutiny Committee was opposed to making the training mandatory for Members of the Scrutiny Committee and had recommended the Council accordingly.
The Executive received written advice from the Head of Legal Services. He reported that when breaches of health and safety legislation occurred, the regulatory authorities conducting an investigation looked at procedures, training, and the culture of an organisation, as well as the facts of the incident. Organisations were often criticised for not taking health and safety seriously.
Section 37 of the Health and Safety at Work etc Act 1974 stated:
"1. Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2. Where the affairs of a body corporate [such as a local authority] are managed by its members, the preceding subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate."
The Head of Legal Services believed that Members were potentially personally liable for breaches of health and safety legislation. Although the risk of liability was low, Members of the Executive and the Scrutiny Committee were strongly advised to attend such courses. Otherwise there was a risk of a finding against the Council that it had not done all it could. However, personal liability did not arise in relation to the Corporate Manslaughter and Corporate Homicide Act 2007. Officers were considering the implications of that Act.
The Executive recognised that health and safety legislation placed a personal responsibility on Members, more so than other legislation which tended to lay responsibility at the corporate body. The risk of a Member being held personally responsible was low but it existed. The Executive was recommended to confirm its view that this health and safety training should be mandatory for Executive Members and Scrutiny Committee Members should be recommended to be trained also. The Executive considered that this advice should be followed and be recommended to Council for debate on 27 February 2008. It was suggested that the written advice of the Head of Legal Services should also be submitted to Council.
Councillor Andrew Crawford, Vice-Chair of the Scrutiny Committee was invited to address the meeting on this point. He did not agree with the advice given and asked why it had taken over 30 years for this to be put forward since the Health and Safety at Work Act 1974 was introduced. To his knowledge, there was no case law where a Councillor had been found guilty of such an offence and he knew of no other Council where training had been made mandatory for Scrutiny Committee Members. He also pointed to the Head of Legal Services' advice that personal liability did not arise in relation to the Corporate Manslaughter and Corporate Homicide Act 2007; this supported his viewpoint. Councillor Crawford also asked for a copy of the Health and Safety Review Board's minutes from the meeting that discussed this issue.
R E C O M M E N D E D (by seven votes to nil)
that the Council be advised that, further to the Executive's recommendation of 7 December 2007 and further to the Scrutiny Committee's recommendation of 13 December 2007, the Members of the Executive be required to be accredited to the Institute of Occupational Safety and Health 'Safety for Senior Executives' training standard and that the Members of the Scrutiny Committee should also be required to be accredited also.