More coverage on this over at Inside Croydon
This committee is meant to be consensual and follow the model of 'Select Committees' operated by our MPs in Parliament. It is meant to be the forum for Councillors to look into issues on a cross party basis and ask questions.
Once the committee has looked at a decision it has some options, the first is just to make comments, the second and most important and powerful option is for it to refer the decision back to the decision maker - in this case Councillor Phil Thomas and the Traffic Management Cabinet Committee - with recommendations.
If the committee does the former and does not refer the decision back formally, the decision stands.
So, last night the Cabinet Member responsible for these proposals - Councillor Phil Thomas, made an announcement that he was willing to re consult the area by letter. A significant and very welcome concession.
The problem with this is that this position had been pre arranged with Councillor Steve Hollands. In a set piece display Councillor Hollands called mainly Tory Councillors and then allowed Councillor Phil Thomas to make the welcome concession. Councillor Hollands then proceeded to accept the assurance from Councillor Thomas and failed to formally send the decision back to the Traffic Management Cabinet Committee.
In failing to properly follow the Council Constitution, the Council is left in the position that it has formally AGREED the draconian parking restrictions and formally speaking they should now be implemented by Council Officers.
Hopefully sense will prevail and the Council will wait for the fresh consultation to take place, however what this shows is how weak Scrutiny has become under the Chair of Councillor Hollands.
Not only has the Council packed the full committee with Tory Councillors, but it now refuses to even make a simple recommendation back such as "This Committee refers the decision back to Councillor Thomas and the TMCC and asks it to look at the decision again". Such a soft referral would give plenty of scope for Councillor Thomas to do a fresh consultation and would stop officers in their tracks from implementing the decision.
Once again, this shows how the Council Constitution is in a right old mess, when senior Conservative Councillors give it and democracy, no respect at all.
I have written to the Council Solictor on this issue, as residents need to know what is going on and what will now happen.
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Email to Council Solictor, 2 March 2011
Dear Julie,
1) With the decision still standing on Parking, the Scrutiny Committee having not made a referral to either the decision maker or Cabinet, Could you please advise on the legality of the decision given that the decision maker did not have the equalities impact assessment before them at the time of the decision being taken.
The council officer responsible confirmed at the Scrutiny Committee that the Equalities Impact Assessment was not completed until after the decision had been taken.
I believe that a ruling from you is quite important on this, because it affects how decisions will be taken in the future. I had presumed that the legislation and Croydons interpretation was quite clear, namely that when a change of service took place an Equalities Impact Assessment had to be undertaken.
Not only was this to be considered good practice but also to ensure the decision was legally robust and could not be challenged in the courts.
2) Could you outline how and when the Traffic Management Cabinet Committee will be able to issue a fresh consultation, as proposed by Cllr Thomas. Could you confirm what actions / mechanism the Council will be taking to halt the implementation of a valid decision, now that the Scrutiny Committee has met and not referred the decision back to the decision maker or Council?
As you will understand it is important that residents have reassurance on these issues.
With best wishes
Timothy Godfrey
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