Agenda item

To consider the decisions made by the Cabinet Member for Leisure, Culture and Social Inclusion at her Decision Session held on 10 January 2012 in relation to the above item, which has been called in by Councillors Ayre, Reid, Firth and D’Agorne in accordance with the Council’s Constitution. A cover report is attached setting out the reasons for the call-in and the remit and powers of the Scrutiny Management Committee (Calling In) in relation to the call-in procedure, together with the original report to and decisions of the Cabinet Member.

Members received a report which asked them to consider the decisions made by the Cabinet Member for Leisure, Culture and Social Inclusion at her Decision Session held on 10 January 2012. This related to the procurement process for the operation and maintenance of the Community Stadium and the Council’s leisure facilities.

Details of the Cabinet Members decisions were attached as Annex A to the report and the original report to the Decision Session was attached as Annex B. The decisions had been called in by Cllrs Ayre, Reid, Firth and D’Agorne on the grounds that:

-      The procurement criteria will be crucial in shaping what kind of organisation is successful at the tendering stage and the facilities that will be provided at the stadium. The report considered by the Cabinet Member did not contain adequate details of the proposed tendering criteria or the weighting of each criteria and therefore the public have not been given a chance to scrutinise and comment on the proposals.

-      It is not acceptable for such a major decision to be taken in private by the Cabinet Member or officers.  The decision on the criteria should only be taken on the basis of a full report to Cabinet outlining the proposed criteria.

Members were asked to decide whether to confirm the decisions (Option A) or to refer them back to the Cabinet Member for re-consideration (Option B).

Cllr Ayre addressed the meeting on behalf of the Calling-In Members. He expanded on the reasons given for the call-in pointing out that the procurement criteria was crucial in helping shape the facilitates provided at the stadium by the successful bidder. He expressed concern that this was a community stadium but with no input from the public and requested the provision of a more detailed report to include details of the weighting given to the points listed at paragraph 4 of the report.

Cllr D’Agorne confirmed his full support for the call in for the reasons stated and as there were no proposals for public scrutiny. He expressed concerns at the commencement of the procurement process prior to receipt of planning permission. He also referred to a number of areas which appeared not to have been examined including social enterprise and the effect on fees and charges of existing Council leisure facilities.

Cllr Barton spoke in support of reference back of the recommendation to enable more in depth analysis of the issues involved to be carried out. He referred to a number of questions that the report failed to answer and felt that it was too soon for a management procurement process to begin based on the contents of the report. 

Officers responded to the points made, confirming that extensive feasibility work had been carried out and informal market testing undertaken to identify the optimum means of procuring and constructing the stadium following EU procurement guidelines. This robust process had drawn on advice received from professional procurement consultants and legal officers. It was confirmed that a report on the business case for the construction of the stadium would be considered at Cabinet in March 2012.

After a full debate, it was

RESOLVED:             That Option A be approved and that the decisions of the Cabinet Member for Leisure, Culture and Social Inclusion be confirmed.

REASON:                  In accordance with the requirements of the Council’s Constitution.