Agenda item

The Leader, or his nominee, to answer questions from Councillors on matters affecting the Borough, in accordance with Standing Order 14.

Note: the deadline for questions to be considered at this meeting is 12 noon on Thursday 8 July 2021.

At the time of publication no questions had been received.

The Mayor reported that two general question had been received, in accordance with Standing Order 15, from Councillors J. Boughtflower and S. Mooney.

Question 1 is from Councillor J. Boughtflower

Can the Leader confirm that Cllr Sexton was on, or not on, Cabinet at the time of the 8 April 2020 Cabinet meeting and what period of time by dates Cllr Sexton was a Cabinet member.

Cllr Sexton clearly stated “I was not” on Cabinet during the time the Aroura Deal was made at the public meeting of the Corporate Policy and Resources Committee held on the Monday 5 July 2021.

The residents clearly need to know the factual position of this matter

Response from the Deputy Leader, Councillor J. Sexton

Thank you for your question Councillor Boughtflower, I agree that it is important that the facts be made clear for all.

At the meeting of the Corporate Policy and Resources Committee on Monday 5 July I did state that I was not on Cabinet at the time the Tender report on Staines Development was considered and at the time of making that statement I genuinely believed it to be an accurate one. Members present at that meeting or watching online will have noted that I sought confirmation from the Monitoring Officer who at that time also thought my statement was correct. However, having had the opportunity to review previous Cabinet meetings I have found that the Tender report was presented to Cabinet on 8 April 2020, and it appears that I was present however, there was some uncertainty as the attendance records indicate that I had given apologies but the minutes note that I was in attendance.

Committee Services have now confirmed that I was a member of the Cabinet from January 2020 until June 2020

In accordance with Standing Order 14.3, Councillor J. Boughtflower asked the following supplementary question:

Can Councillor Sexton inform us of if any other errors have been made?

Response to supplementary question from Councillor J. Sexton:

With respect Councillor Boughtflower, you were not at the meeting. I don’t understand what you are inferring, it was a genuine mistake. 

Question 2 is from Councillor S. Mooney

I note the agenda item from the recent Policy and resources committee meeting on Monday evening states the Committee are asked to:

1.    consider the establishment of an investigatory task group; and

2.    the Terms of Reference for the task group (the terms of reference are to follow and will be published as soon as possible).

Does the Leader acknowledge that much of the concerns raised about the Arora proposal highlights the need for absolute clarity and impartiality in terms of the investigation. What assurances can he give to this chamber that the investigation will be transparent and shared with all councillors, including the terms of reference. To what extent will any of the Councillors or Officers involved with the development of the contract have any involvement in defining the terms of reference, selecting the person to conduct the inquiry, and overseeing the work on the investigator?

Response from the Leader, Councillor L. Nichols

At the Corporate Policy and Resources Committee on 5 July the formal process of conducting the Inquiry was started. This established a Waterfront Inquiry Review Group of members to oversee the process.

The Review Group has already met with the Chief Executive and has agreed a way forward. Further meetings will take place as soon as possible to appoint an investigator and establish a draft timetable. The investigator will be given the opportunity to review the draft terms of reference to ensure that they allow for the effective conduct of the Inquiry. Once the arrangements for the conduct of the Inquiry are agreed, a statement on the process, the investigator and its final terms of reference will be made public.

The necessary delegation to establish the inquiry was given to the Chief Executive, in consultation with the Review Group. This is the only constitutional way to allow issues arising to be resolved without having to refer back to the Corporate Policy and Resources Committee for all decisions. In practice, it will be impossible for the Chief Executive to act contrary to the wishes of the Review Group. The Review Group does not include any councillors who were involved in the award of the contract for the Waterfront Hotel development.

The Review Group will be overseeing the work of the investigator as set out in Review Group’s terms of reference. The organisation and support of the investigator will inevitably involve some officers who will be expected to contribute to the Inquiry.  A record of all interactions with the Inquiry process has already been established and will be maintained for the duration.

It is essential that officers are involved in and answer questions around the transaction. The Review Group members will retain oversight of the entire process and will ensure that the investigator has unfettered access to information and witnesses.

At the conclusion of the investigation, a report and any recommendations will be made public. It is highly likely with an Inquiry of this nature that some aspects will have to remain confidential. 

I would like to assure all councillors and members of the public that the Review Group are committed to seeing an Inquiry conducted which leaves no stone unturned. The members of the Review Group are adamant that the Inquiry must be both comprehensive and fair.

In accordance with Standing Order 14.3, Councillor S. Mooney asked the following supplementary question:

Who are the members of the Review Group?

Response to supplementary question from Councillor L. Nichols:

The members of the review group are myself, Councillor Noble and Councillor Barnard, we have a really good understanding of what needs to be achieved and have started to work well together. I am absolutely certain that we will do this properly and that is my personal commitment.