Agenda item

Members' Questions

5.1       Questions relating to urgent business – Council Procedure Rule 16.6(ii).

 

5.2       Questions on the discharge of the functions of the South Yorkshire Joint Authorities for Fire and Rescue and Pensions – Section 41 of the Local Government Act 1985 – Council Procedure Rule 16.6(i).

 

            (NB. Minutes of recent meetings of the two South Yorkshire Joint Authorities have been made available to all Members of the Council via the following link -

            http://sheffielddemocracy.moderngov.co.uk/ecCatDisplay.aspx?sch=doc&cat=13165&path=0)

Minutes:

 

 

5.1

Urgent Business

 

 

 

Councillor Ian Auckland asked questions relating to urgent business under the provisions of Council Procedure Rule 16.6(ii), as follows:-

 

 

 

Is the Cabinet Member aware that a petition asking the Council, as charity trustee, not to proceed with the sale of Cobnar Cottage in Graves Park has attracted over 4000 signatures in just two days?

 

So as not to pre-empt a debate at Council on the petition, will she withdraw the cottage from auction sale which is due to take place on Tuesday 26 January?

 

 

 

Councillor Sioned Mair Richards, the Acting Cabinet Member for Neighbourhoods responded to the questions. She stated that she was aware of the petition and its content and of the views of the Friends Group and others concerning Cobnar Cottage. The cottage was located outside of the boundary of Graves Park. Discussions concerning the cottage had taken place over two years and the matter had been considered on several occasions by the Council’s Cabinet and relevant Scrutiny Committee. The proceeds from the sale of the cottage would be invested in improvements to Graves Park.

 

 

 

 

The Council had consulted the Charity Commission, which supported the right of the Council to sell the property and reinvest the proceeds in the Park. A survey of users found that 84 percent of respondents supported the proposal to sell the cottage and to use the proceeds for the Park. This was an independent survey by Sheffield Hallam University recommended by the Charity Commission. It was not the case that the sale of Cobnar Cottage would lead to further sale of parkland, as had been claimed by the Friends Group.

 

 

 

Councillor Richards stated that she did not intend to stop the sale of Cobnar Cottage and what had been agreed with the Charity Commission. She re-stated that the money raised from the sale would be wholly invested in Graves Park.

 

 

 

(Notes: 1. Councillor Auckland raised a Point of Order in relation to the response from Councillor Richards and concerning a factual inaccuracy related to the physical boundaries of the Park.

 

 

 

2. The Chief Executive has since ruled that there was not a valid point of order for factual inaccuracy. The statement that the cottage was not within the Park boundary is accurate. However it is acknowledged that the Cottage is in fact within the defined area of the Graves Park trust).

 

 

5.2

South Yorkshire Joint Authorities

 

 

5.2.1

Councillor Colin Ross asked questions relating to the South Yorkshire Fire and Rescue Authority. (a) He referred to the meeting of the Authority’s Audit Committee at which a recommendation had been made concerning the term of office for chairs of the Authority’s sub committees or boards. He asked why such a condition could not be applied to the Fire Authority as a whole. (b) Councillor Ross referred to the report concerning the review of overtime payments and actions of the Chair of the Fire Authority in relation to the overtime payments. He asked whether Councillor Richards would support a resolution calling for the resignation of the Chair of the Fire Authority. 

 

 

 

 

Councillor Sioned Mair Richards, responded in her capacity as Chair of the Audit Committee of the South Yorkshire Fire Authority. She said that it was convention that the Chair of the Fire Authority was held by one of the four constituent South Yorkshire Authorities. The current Chair was a Barnsley Councillor. How this might change was a matter which would be discussed with the South Yorkshire Local Authorities.

 

 

 

She stated that Counsel’s opinion was that the actions of the Chair were lawful. The amounts which had been paid in overtime were voluntarily being repaid by three of the four recipients, as had been requested by the Fire Authority’s Audit Committee. As the payment of the overtime had been lawful, its repayment was a voluntary act.   

 

 

5.2.2

Councillor Shaffaq Mohammed asked whether it was felt that the internal review of the matter of overtime payments by the Fire Authority was sufficient given that the Chair of the Fire Authority was a Barnsley Borough Councillor.

 

 

 

Councillor Sioned Mair Richards responded that the Internal Audit function was absolutely sound and was bound by the CIPFA and Internal Audit codes which were applicable to Internal Audit in Barnsley and elsewhere.

 

 

 

Councillor Shaffaq Mohammed asked whether, Councillor Richards, as Chair of the Audit Committee, had opportunity to ask questions of the Chair of the Authority and if other Councillors also had that opportunity.

 

 

 

Councillor Sioned Mair Richards responded that everyone had the opportunity to ask questions at the meeting of the Fire Authority. It was for other members to explain if they had not asked questions at the meeting.

 

 

5.2.3

Councillor Roger Davison asked when the matters relating to overtime payments to senior officers of the Fire Authority first came to the attention of the Fire Authority?

 

 

 

Councillor Sioned Mair Richards stated that the matter first came to the attention of other Members of the Fire Authority in August 2015. As Chair of the Authority’s Audit Committee, she commissioned a report to look at the issue and this was a comprehensive and detailed report produced by Internal Audit in Barnsley. 19 recommendations had been made and the Audit Committee would work on each of them. The first of the recommendations concerned a review of decision making processes. It was not felt that the processes had not been sufficiently robust or transparent and the objective now was to have greater transparency and openness. The aim was to ensure that the previous process used regarding the overtime payments could not happen again and the recommendations would be enacted. Recommendations would be monitored as a standing item on Audit Committee agendas and working parties would be active in between Committee meetings.

 

 

 

There were no questions relating to the discharge of the functions of the South Yorkshire Joint Authority for Pensions under the provisions of Council Procedure Rule 16.6(i).