A copy of the Call-In Notice received from the leader of the Council’s Liberal Democrat Group together with the report considered by Shropshire Council's Cabinet meeting on 28 September 2016 are attached. 

This decision has been called in by the Liberal Democrat Group, as detailed in the Call-in Notice.  The Scrutiny Committee is asked to consider the report and the decision taken by Cabinet.

If having considered the decision, the Scrutiny Committee is still concerned about it, then it may refer it back to Cabinet for reconsideration, setting out in writing the nature of its concerns or refer the matter to Council.  If the Scrutiny Committee does not refer the matter back to Cabinet or Council, the decision shall take effect on the date of the Scrutiny meeting.

35.1    A report setting out the call in of the Cabinet decision regarding improved swimming facilities for Shrewsbury had been circulated.

35.2    The Legal Services Manager reminded Members that, if having considered the decision, the Committee was still concerned about it then they could refer it back to Cabinet for reconsideration, setting out in writing the nature of its concerns or refer the matter to Council. However if the Scrutiny Committee did not refer the matter back to Cabinet or Council, the decision would take effect on the closing of the Scrutiny Committee meeting.

35.3    The Director of Place and Enterprise tabled a paper (copy attached to signed minutes) which gave a response to each of the points raised in the call in.  A Member expressed disappointment that the document had not been circulated prior to the meeting and asked for time to consider the information contained in the paper.  It was agreed that the meeting would be adjourned to enable Members to consider the paper.

The meeting adjourned at 10.10am

The meeting resumed at 10.30am

35.4    A Member queried the need for the Council to have identified a preferred option for the siting of the swimming facility at this stage of the process given that a period of 12 months had been given for the receipt of other business cases.   The Director of Place and Enterprise stated that it was necessary in the interests of fairness in order that all business cases were considered on an equitable basis.

35.5    In response to the point made regarding the refurbishment bid for the Quarry Pool not being excluded on the basis of location, or the number, size and configuration of its pools, the Director of Place and Enterprise stated that technically this was correct. In addition all business cases would need to show how they contributed to both future demands for swimming in the town and the Indoor Leisure Strategy, once it was confirmed, and that all business cases would be evaluated in accordance with the process and methodology set out in the Terms of Reference.

35.6    Several Members expressed concern that the Scrutiny Committee would not receive a report on the outcomes of the evaluation of all submitted business cases prior to a report being taken to Cabinet.  The Director of Place and Enterprise informed Members that the statutory procurement regime and the Council’s Constitution set out the framework to be followed within a procurement process and that it would be inappropriate for scrutiny to become involved in the process prior to the Officers’ recommendation to Cabinet.

35.7    In response to a question regarding whether an organisation could take over the running of the site whilst leaving responsibility for the maintenance of the site with Shropshire Council, the Director of Place and Enterprise stated that technically this was possible but that the financial viability of the proposal would need to be considered as part of the overall consideration of the business case.

35.8    In response to a query regarding the criteria for the evaluation of the business cases the Director of Place and Enterprise agreed to add some points of clarification to the web site to aid applicants in the development of their business cases.

35.9    It was proposed by Mr Evans and seconded by Mr Hartin that the decision be referred back to Cabinet stating the concerns set out in the call in notice.  The proposal was lost 4 votes in favour and six votes against.

35.10  Mr Evans asked that a minority report be taken to Cabinet.  The Legal Services Manager informed him that under the terms of the Constitution this would not be possible.

35.11  Mr Evans asked that consideration be given to the setting up of a Task and Finish Group to look at the subject of swimming provision.