Earlier I reported how Cornwall Council’s Waste Panel
supported a recommendation to the Cabinet that the high recycling approach to waste management,
presented by the Cornwall Waste Forum at a meeting today, be independently
assessed as a matter of urgency.
But the following email has just been sent around to members
of the Panel.
Dear Councillor,
I write with regard to this morning’s meeting and the
proposed recommendation to Cabinet made within Agenda No. 4 ‘Alternative
Methods of Waste Disposal- Presentation’. Unfortunately, I must advise that
this resolution of the Panel is not valid.
Following the meeting I sought advice regarding this issue
and it transpires that a decision making body of the Council cannot take any
decision as a result of a verbal report or presentation.
Ultimately, a Committee or Panel cannot take decisions
without all of the appropriate information before them and having considered
all options. A verbal report or presentation does not allow Members to make
informed decisions having given regard to all of the relevant facts, nor does
it provide an audit trail of why such a decision was made. In addition, in the
absence of a written report, no account has been given to any legal or
financial implications which may arise from such a recommendation and there has
been no opportunity for either Members or the public to consider any
implications in advance of the meeting – a requirement of the Access to
Information Act.
While I appreciate that this news will be frustrating, it is
of the utmost importance that the Authority takes its decisions within the law.
Please therefore note that I will be recording the views of
the Panel within the Minutes … but that these will not be recorded as a formal
resolution and will merely highlight the concerns raised along with the
suggestions highlighted at the meeting.
I am presently seeking assurances that the Cabinet will
nonetheless consider our proposal at its earliest opportunity.
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