London borough to review committees after lawyers warn on proportionality

A London council is to review the membership of its committees after senior lawyers warned a report on proportionality agreed by members was “flawed”.

Barnet Council returned to a committee system this month, after members backed the move in January 2013.

However, after confusion about the membership of its new environment committee last week, the authority’s chief executive asked Hugh Peart, Director of Legal & Governance Services and Director of HB Public Law (the shared legal service with Harrow), to review the council’s arrangements.

The chief executive, Andrew Travers, wrote to council members earlier this week to say that: “Mr Peart reported to me yesterday that the proportionality report agreed by Council was flawed and could not form the basis of sound decision-making. I accordingly informed Members of this at the scheduled meeting of Assets, Regeneration and Growth Committee last night (June 16).”

He said he had asked Peart to confirm his view by obtaining external legal advice. James Goudie QC of 11KBW was asked to give his opinion, and he agreed that the proportionality report was flawed.

Travers said Goudie had advised that the council should put this right at the first opportunity. “He does, however, go on to say that it is open to the council to continue with scheduled committees in the meantime, and that decisions taken would be valid. 

"I will consult with the Group Leaders on whether scheduled meetings should continue on this basis. In the meantime, I have asked that this evening’s Licensing Committee is postponed.”

The chief executive said the current position was “deeply regrettable” and he apologised to members.

“The move to committee system was always going to be challenging but the change has not been implemented as efficiently as members, or indeed residents, should expect from the council,” he added.

“It is important that there is a clear understanding of how this situation has arisen and what action, if any, should be taken. I will be appointing an external reviewer to conduct an urgent investigation into the processes leading to the reports presented to Annual Council on 2 June. This will be published at the earliest opportunity.”