Meeting: Council	Date: 7 December 2023

Wards affected: All

Report Title: Proposed withdrawal and dissolution of the Heart of the South West Joint Committee

When does the decision need to be implemented? As soon as possible

Cabinet Member Contact Details: Leader of the Council, Councillor David Thomas, dave.thomas@torbay.gov.uk

Director Contact Details: Alan Denby, Director of Pride in Place, alan.denby@torbay.gov.uk

1.	Purpose of Report

1.1	This report follows a steer from a number of Constituent Authorities for proposals to be brought forward to all Constituent Authorities to consider their withdrawal and dissolution of the Heart of the South West (HotSW) Joint Committee (the Joint Committee).

1.2	The proposals in this report specifically relate to the Joint Committee’s governance arrangements only and do not cover the HotSW Local Enterprise Partnership nor the associated HotSW Joint Scrutiny Committee.

2.	Reason for Proposal and its benefits

2.1	Changes in Government policy over the last five years, the development of the devolution deal and forthcoming integration of the HotSW LEP into local authorities means that the purpose of the HotSW Joint Committee has largely been superseded and other existing partnership arrangements between the Constituent Authorities can deliver their aims. The HotSW Joint Committee is therefore considered to be superfluous and not adding value to the Constituent Authorities.

3.	Recommendation(s) / Proposed Decision

1.	That Council agrees to serve notice of its withdrawal and that the Heart of the South West Joint Committee be dissolved on 31 December 2023.

Appendices

Appendix 1: None

Background Documents

Heart of the South West Joint Committee – establishment report to all Constituent Authorities in November and December 2017

Heart of the South West Joint Committee Governance Arrangements – 27 September 2019 and Budget Update report in October 2020

Heart of the South West Constitution and Inter-Authority Agreement

Supporting Information

1.	Introduction

In 2015 the HotSW partnership (17 local authorities, two National Parks, the LEP and three clinical commissioning groups) submitted a devolution “statement of intent” to Government and began negotiations about a devolution deal. However, following the EU referendum in 2016, devolution was no longer a government policy priority and the HotSW partnership developed a Productivity Strategy. In March 2018 the partnership formalised the arrangements to establish the HotSW Joint Committee. Following the establishment of Somerset Council, the HotSW Joint Committee Constituent Authorities are now:

Dartmoor National Park Authority

Devon County Council

East Devon District Council

Exeter City Council

Exmoor National Park Authority

Mid Devon District Council

North Devon Council

Plymouth City Council

Somerset Council

South Hams District Council

Torbay Council

Teignbridge District Council

Torridge District Council

West Devon Borough Council

The Heart of the SW LEP and the NHS are co-opted members of the HotSW Joint Committee.

The Joint Committee was seen a partnership vehicle to provide a single forum for local authority engagement with the Heart of the South West Local Enterprise Partnership and Government.

The specific objectives of the HotSW Joint Committee in its Terms of Reference are to:

Improve the economy and the prospects for the region by bringing together the public, private and education sectors;

Increase our understanding of the economy and what needs to be done to make it stronger;

Improve the efficiency and productivity of the public sector;

Identify and remove barriers to progress and maximise the opportunities / benefits available to the area from current and future government policy.

Since its inception, the Joint Committee’s work has worked on issues covering the HotSW area as a whole such as: Local Industrial Strategy, Coastal Productivity Plan, Housing Task Force and regional imbalances.

The Joint Committee currently has a meeting cycle of two formal meetings a year and it is directly supported by Somerset Council.

The case for change

Changes in Government policy over the last five years, the development of the devolution deal and forthcoming integration of the HotSW LEP into local authorities means that the purpose of the Joint Committee has largely been superseded and other partnership arrangements between the Constituent Authorities can deliver their aims with reduced duplication.

1.6	In relation to withdrawal from/dissolution of the Joint Committee, the inter-authority agreement states that:

A Constituent Authority wishing to withdraw from the Joint Committee shall give a minimum of 6 months' notice in writing to the other Constituent Authority via the Administering Authority. The Constituent Authorities shall co-operate with any such request.

If two or more Constituent Authorities give notice of withdrawal from membership of the Joint Committee in the same Financial Year, the Joint Committee shall consider and make recommendations to the remaining Constituent Authorities as to the future operation of the Joint Committee and, if appropriate, recommend any necessary amendments required to the Joint Committee’s functions and operating arrangements.

Where a majority of the Constituent Authorities at any time agree (via formal resolutions) that the Joint Committee should be dissolved or terminated on a specified date then the Joint Committee shall cease to exist from that date.

In December 2022, the scheduled meeting of the Joint Committee was adjourned as it was not quorate due to low attendance by Constituent Authorities. On 27 October 2023, the scheduled meeting of the Joint Committee was also not quorate and therefore unable to proceed due to only four of the fourteen Constituent Authorities attending the meeting.

1.8	It is likely that proposals will be brought forward during November and December 2023 by a majority of the Constituent Authorities for their councils to agree to serve notice and recommend the dissolution of the Joint Committee on 31 December 2023.

2.	Options under consideration

2.1	The alternative option is that the Council does not agree to serve notice and continues to be a member of the Joint Committee. However, if the majority of Constituent Authorities serve notice then the Joint Committee will be automatically dissolved. As stated previously it is considered that the Joint Committee is superfluous and adds duplication to existing arrangements.

3.	Financial Opportunities and Implications

3.1	The Joint Committee remains completely reliant on the Constituent Authorities for its budget and there are no obvious sources of additional funding to support running costs or delivery of its work programme. Joint Committee members’ costs and expenses are funded and administered by each respective Constituent Authority.

The Administering Authority (Somerset Council) holds the balance of contributions from the Constituent Authorities. The current unallocated balance is £ 43,009. If the Joint Committee is dissolved, then any outstanding balance would be returned proportionally to each of the Constituent Authorities on the same percentage basis that they made contributions.

4.	Legal Implications

4.1	The HotSW Joint Committee is established under Sections 101 to 103 of the Local Government Act 1972.

The review of the role and functions of the Joint Committee has taken account of the legal framework within which the Joint Committee operates. The proposed recommendations are in accordance with the Inter-Authority Agreement.

5.	Engagement and Consultation

5.1	Engagement has been undertaken with the respective Constituent Authorities.

6.	Purchasing or Hiring of Goods and/or Services

6.1	Not applicable.

7.	Tackling Climate Change

7.1	No specific implications have been identified in relation to the proposed recommendations.

8.	Associated Risks

8.1	The key risk is continuing with the Joint Committee and duplicating the work of existing partnership arrangements without adding any value. The recommendation in this report mitigate that risk.

9.	Equality Impacts - Identify the potential positive and negative impacts on specific groups

Positive Impact	Negative Impact & Mitigating Actions	Neutral Impact
Older or younger people	There is no differential impact
People with caring Responsibilities	There is no differential impact
People with a disability	There is no differential impact
Women or men	There is no differential impact
People who are black or from a minority ethnic background (BME) (Please note Gypsies / Roma are within this community)	There is no differential impact
Religion or belief (including lack of belief)	There is no differential impact
People who are lesbian, gay or bisexual	There is no differential impact
People who are transgendered	There is no differential impact
People who are in a marriage or civil partnership	There is no differential impact
Women who are pregnant / on maternity leave	There is no differential impact
Socio-economic impacts (Including impact on child poverty issues and deprivation)	There is no differential impact
Public Health impacts (How will your proposal impact on the general health of the population of Torbay)	There is no differential impact

10.	Cumulative Council Impact

10.1	None

11.	Cumulative Community Impacts

11.1	None