Agenda and minutes

To sign as a true record the minutes of the Meeting of the Council held on 27 February 2013 – attached.

The minutes of the meeting of the Council held on 27 February 2013 were before the Council for approval.

The minutes were AGREED without division and it was RESOLVED:

That the minutes of the meeting of the Council held on 27 February 2013 be signed as a correct record.

There were no disclosures of interest.

The Council stood in silence as a mark of respect for former Councillor Owen Ware who had recently died. All Group Leaders and six other Members paid tributes to Councillor Ware.

There were no announcements by the Mayor.

 A procedural motion was proposed that the motions before Council be debated in the following order:

16A (Closure of St. George’s Hospital Hornchurch)

16C (Housing Benefit Changes: Bedroom Tax) and

16B (Regulatory Services Committee: Webcasting)

The procedural motion was CARRIED by 25 votes to 3 (see division 1)  and it was RESOLVED accordingly.

A procedural motion that the debate on an amendment to the report at agenda item 9 ((Revision of Procedure for Council Questions) be held under the intermediate debate procedure was CARRIED by 19 votes to 0 (see division 2) and it was RESOLVED accordingly.

Councillors Jeffrey Tucker, Denis Breading and Keith Darvill have each given notice of an intention to present a petition.

Pursuant to Council Procedure Rule 23, petitions were presented as follows, by Councillors:

Councillor Jeffrey Tucker – seeking improvements at Chafford Sports Centre.

Councillor Denis Breading –

                                                requesting the appointment of a crossing patrol person in Blacksmith Lane at the rear of Rainham Road

Councillor Keith Darvill -    seeking the provision of a temporary ice rink in Romford

Councillor Damian White – against development on the site of Garrick House, Hornchurch                        

It was NOTED that each petition would be passed to Committee Administration for attention in accordance with the Council’s Petitions Scheme.

To consider a report of the Governance Committee - attached.

At the Council meeting on 30 January 2013, in response to a Member’s question, the Leader of the Council indicated that he supported the proposition that the Council should appoint a Member Champion for Armed Forces veterans. This comment was met with approval from all present at the meeting. Subsequently it was considered that a Champion for the Armed Forces inclusive of currently serving personnel, veterans and youth cadet organisations would be more appropriate.

No specific terms of reference were proposed for this appointment but the Member appointed would be expected to establish and maintain links with the Armed Forces units with which the Council had a relationship such as The Royal Anglian Regiment and HMS Raider as well as the wide number of different veterans’ organisations such as the Royal British Legion, the Burma Star Association and the Royal Air Force Association. The role would also provide an opportunity to promote the work of the pre-service youth cadet organisations in the borough and to promote the Armed Forces Community Covenant which Havering signed in 2012.

The recommendations of the Governance Committee were APPROVED without division and it was RESOLVED:

That a Member Champion for Armed Forces be appointed, with effect from the Annual Council in May 2013.

To consider a report of the Governance Committee - attached.

Following a review of the different ways in which the Annual Meetings of the Council were arranged in the past several years, the Governance Committee now considered that the arrangements for the Annual Council that were followed in 2012 should become permanent. This required amendment of the Council Procedure Rules and this report was submitted accordingly.

The new arrangements would provide as follows:

(a)          Other than in the year of the local elections – next due in 2014 – immediately before the main Annual Meeting there will be a brief extraordinary meeting of the Council to deal with nominations for the election of Honorary Freemen (in election years, this will be dealt with at the July meeting of the Council)

(b)        The Annual Meeting itself will follow on as seamlessly as possible from the extraordinary meeting, and the business to be considered will be:

(i)         The Election of the Mayor

(ii)        The appointment of Deputy Mayor

(iii)       The appointment of Committees and their Chairmen and Vice-Chairmen

(iv)       The appointment of Member Champions

(v)        A statement by the Leader of the Council

(c)        A further, ordinary meeting of the Council will be held two or three weeks after the Annual Meeting, at which the business will include:

(i)         A debate upon the Leader of the Council’s statement at the Annual Meeting

(ii)        Other, ordinary business (Reports, Questions and Motions)

Accordingly, the Governance Committee recommended to Council that the new Council Procedure Rules to give effect to these arrangements as set out in appendix 1 to these minutes be approved..

The recommendations of the Governance Committee were APPROVED without division and it was RESOLVED:

1          That the proposed new arrangements for the Annual Meeting be approved

2          That the changes to the relevant Council Procedure Rules set out in Appendix 1 be approved.

To consider a report of the Governance Committee - attached.

For many years, 30 minutes has been available at Council meetings for questions about the business of the Council and matters affecting the borough.  Members, having given notice of their main question and received the initial answer could then ask without notice a supplementary question.  The number of questions put down for answer was invariably over 20 and often near 30, but it was now rare for more than nine or 10 questions to be answered.  As well as the number of questions, the complexity of many meant that a considerable amount of research has to be undertaken in a patently short period as questions currently have to be submitted six working days before the Council meeting.

The reduction in the size of the officer structure together with the number and complexity of questions was resulting in the answers being completed very close to the Council meeting and often required Cabinet Members to consider the draft replies at very short notice.

To address this problem, the Governance Committee suggested that the notice period for the deposit of questions should be extended to 11 working days before the Council meeting.  This would enable answers to be prepared in a comprehensive manner, including sufficient time for Cabinet Members to include their input into the final replies.

The Mayor would still be able to permit the asking of an urgent question where a matter of importance had arisen after the normal closing date for questions.  In order that more questions could be answered orally, the Committee had also suggested that the number of questions be limited to a maximum of 15. There would be no time limit.

It was also proposed that once the 15 questions have been submitted any subsequent questions would be treated as member enquiries and would receive a written response in the normal manner.

There were already provisions in the Council Procedure Rules to ensure a fair distribution of questions.  These provisions would be retained.

An amendment to the report by the Residents’ Group that the recommendation of the Governance Committee be amended to read:

1.    Rule 10.2 (i) of the Council Procedure Rules (Notice of Questions) be amended to read:

“they have given 11 clear days’ notice in writing to the Proper Officer signed by the Member or by the Group Leader on behalf of that Member”

and the timetable in the Appendix to the Rules be amended accordingly.

2.    That there are no further changes to the existing arrangements

was LOST by 29 votes to 19 (see division 3). 

The motion by the Administration that the recommendations of the Governance Committee be approved was CARRIED by 28 votes to 4 (see division 4) and it was RESOLVED without division that:

1.               Rule 10.2(i) of the Council Procedure Rules (Notice of Questions) be amended to read:

“They have given 11 clear days’ notice in writing to the Proper Officer signed by the Member or by the Group Leader on behalf of that Member”

and  ...  view the full minutes text for item 99.

To consider a report of the Governance Committee - attached.

CHANGES TO THE COUNCIL’S CONSTITUTION AS A RESULT OF THE HEALTH AND SOCIAL CARE ACT 2012

The Health and Social Care Act 2012 had introduced the largest and most significant change to the NHS since its creation. The Act transferred public health functions back to local authorities with effect from the 1 April 2013. The Act required the establishment of a Health and Wellbeing Board as an executive committee of the Council also with effect from 1 April 2013.

At its meeting on 19 September 2012, Council approved the membership of Havering’s Shadow Health and Wellbeing Board (HWB) in line with legal requirements. The Shadow HWB had been meeting since March 2011 and, at its last meeting in February 2013, agreed to request specific rules of procedure required to comply with all relevant primary and secondary legislation affecting the HWB. The Governance Committee had now reviewed those rules of procedure proposed by the Shadow HWB. These were incorporated into the recommended changes to the Constitution along with additional changes required to integrate public health functions into the Constitution.

The recommendations of the Governance Committee were APPROVED without division and it was RESOLVED that:

1.               The recommended changes to the Council’s Constitution as detailed in Appendix 2, be adopted.

2.               The Membership of the Health and Wellbeing Board as set out in Appendix 3, be noted.

To consider a report of the Governance Committee - attached.

The report before Council recommended some changes to how formal consultation responses from the Health Overview and Scrutiny Committee were dealt with. In line with the requirements of the Health and Social Care Act 2012, it was recommended that such responses to formal consultations be reported to full Council for information and, where necessary, endorsement. Formal referrals of health matters to the Secretary of State would need to be reported to Council upon whose resolution such a referral could be made. It was recommended that day to day health scrutiny functions should continue to be undertaken by the Health Overview and Scrutiny Committee.

            The report of the Governance Committee was APPROVED without division and it was RESOLVED that:

1            The Health Overview & Scrutiny Committee (and any successor OSC) continue to carry out the day-to-day health scrutiny functions

2            Responses to any formal consultation by a health service body be reported to the next convenient meeting of the Council for information and, where necessary, endorsement

3            Where the Health OSC considers that a health service proposal should be referred formally to the Secretary of State, it should report upon the matter to the Council and such referral should be made only by resolution of the Council.

4            The Council continue to participate in the activities of the Outer North East London Joint Health OSC and that the Council’s Joint Health OSC continue to have authority to enter into other Joint Health O&S arrangements as appropriate.

5            The functions of the Health OSC be amended by the insertion - after the current description of the OSC’s functions in Section 1.4 of Part 3 of the Constitution of the words:

“(except any referral to the Secretary of State, which is reserved to the Council by resolution)”

To consider a report of the Governance Committee - attached.

The Council noted that some small amendments to the Constitution were required in order to allow the Head of Customer Services to have the power to decide which staff represented the Council at the Valuation Tribunal on Council Tax support matters.

The recommendations of the Governance Committee were APPROVED without division and it was RESOLVED that:

The following amendments to the Constitution and to practice be adopted.

1.               That the Head of Customer Services be delegated the power to authorise staff in the particular circumstances relating to council tax issues. 

2.               Part 3.6.2 - Head of Customer Services be amended by:

Adding, after (h) (iii) a new paragraph (iv) to authorise staff to represent the Council on all matters relating to council tax support appeals in the Valuation Tribunal service. Current paragraph (iv) will then be renumbered (v).

To consider a report of the Chief Executive - attached.

The Localism Act 2011 required the Council to prepare a pay policy statement by the 31 March each year before it came into force. The pay policy statement was required to be approved by a full meeting of the Council and published on the Council’s website.

The Council’s pay policy statement must set out:

·       The remuneration of the its Chief Officers

·       The remuneration of its lowest-paid employees

·       The relationship between the remuneration of its Chief Officers and its other employees

Under the Localism Act 2011, Chief Officers in Havering are defined as those remunerated on the following grades:

·           HG1 (Chief Executive)

·           HG2/HG2S Group Director)

·           HG3 (Assistant Chief Executive/Assistant Director)

·           HS 1/2/3 (Head of Service)

·           NHS VSM (Director for Public Health)

·           Director of Finance & Corporate Services (ALMO)

The recommendations of the Chief executive were APPROVED without division and it was RESOLVED that:

The Pay Policy statement as shown in Appendix 4 of the minutes be approved.

To consider a report of the Chief Executive - attached.

The Council was invited to agree the dates of its meetings in the municipal year 2013/14. The Council noted that it was possible that the dates of the Annual Meeting and subsequent June meeting may need to be altered due to the possible change in date of the Municipal election. A further report on that position and any adjustment to meetings arrangements consequent upon it, would follow in due course if necessary.

RESOLVED:

That the Council fixes the date of its meetings for the Municipal Year 2013/14 and, on a provisional basis, the balance of 2014 as follows:

Attached.

Ten questions were asked and replies given.

The text of the questions, and their answers, together with those not asked orally, are set out in Appendix 5 to these minutes.

See attached paper.

Motion on behalf the Labour Group

This Council acknowledges the invaluable contribution that St George’s Hospital has made to the quality of life of the people of Havering, particularly older people and their dependents.  It is therefore with deep regret that after various unsuccessful attempts at justifying closure of the site the Primary Care Trust has now achieved its objective.

In light of this the Council places on record its strongly held view that the future use of the site should have regard to the heritage of the site and to the needs of  the people of Havering.  It is widely accepted that Havering has one of the largest growing elderly populations in London.  To this end, and subject to the appropriate planning processes, the Council will seek to influence any proposed development of the site.

In particular it will enter into urgent discussions with the Primary Care Trust and its successors to reinforce the strength of local feeling that the future use of the site should reflect its long-standing historical medical and community care relationship with the local community.  Those discussions should explore the possibility of a pathfinding development of an older persons’ village.  For example, this  might comprise a mixed development of retirement homes for sale and rent (involving private developers and housing associations), sheltered housing, a resource centre encompassing medical and nursing facilities, residential care facilities and provision for a luncheon club, together with other local amenities  Such development should attempt to retain as much as possible of the current architectural heritage of the site with new buildings reflecting architectural sympathy with that heritage.

In pursuance of this the Council will also:

1.            Consider including a  specific policy or site allocation in the forthcoming Havering Local Plan enshrining these objectives and the necessary planning principles;

2.            Make urgent representations to the Secretary of State for Communities and Local Government as to the desirability of, and seeking his support for, a pathfinding scheme of this nature as a demonstration of ‘the new localism’ and as a measure of joined up government seek his liaison with the Secretary of State for Health regarding ownership and disposal of the site;

3.            Consult with appropriate heritage bodies regarding possible measures for the protection and preservation of existing buildings on the site.

This Council believes that such a development would be ideally located, in a pleasant environmental setting and close to essential transport hubs.  It would provide opportunity for self-help among a community of retired and older people and would be likely to attract resource from voluntary and community organisations.  It would also be of benefit to the health and well-being of those people and help facilitate more people to live independent lives for longer and avoiding loneliness. 

The Council concludes that in addition to the obvious community benefits, the principle of such a development would have a positive impact on the increasingly stretched resources of the various public sector agencies, including the NHS.

                        A1: Amendment on behalf of the Administration

                        Amend  ...  view the full minutes text for item 106.

Motion on behalf of the Labour Group

This Council asks the Government to re-examine the measures it is putting in place to cut housing benefit from some of Havering's most vulnerable residents on the grounds that their social housing has a spare bedroom;

Believes it to be an unworkable policy given that if people moved house it would not save any money;

Notes that according to the Government's own impact assessment, two thirds of the households affected have a disabled person; and

Calls on the Government to drop the policy and think again.

               C1: Amendment on behalf of the Administration

               Amend to read:

This Council notes that the Government has re-examined its measures to reform Housing Benefit and made changes for the Armed Forces, Foster Carers and households with a child having severe disabilities and allocated resources for discretionary payments in other cases.

Following debate, the Administration amendment was CARRIED by 40 votes to 8 (see division 6) and it was then CARRIED as the substantive motion by 40 votes to 8 (see division 7).

RESOLVED that:

            This Council notes that the Government has re-examined its measures to reform Housing Benefit and made changes for the Armed Forces, Foster Carers and households with a child having severe disabilities and allocated resources for discretionary payments in other cases.

Motion on behalf of the Independent Residents’ Group

When in the interests of transparency Cllr Michael Deon Burton first proposed that council meetings be recorded on the WebCam there was some opposition from camera shy members concerned about costs. A valid concern, but public scrutiny is good for local democracy and the WebCam is needed because so few residents actually attend meetings. At present the WebCam only covers Council and Cabinet meetings.

Therefore this Council agrees the WebCam should be extended to cover all Regulatory Services Committee meetings to ensure the conduct of members is of the highest standard and to help restore/maintain public confidence in the planning process that is often badly shaken by contentious decisions and behaviour.

B1: Amendment on behalf of the Administration

Amend to read:

This Council notes the question of extension of webcasting of Council meetings to Regulatory Services Committee meetings is already under review by Governance Committee and awaits its report before considering the matter further.

Following debate, the Administration amendment was CARRIED by 40 votes to 8 (see division 8) and it was then CARRIED as the substantive motion by 40 votes to 2 (see division 9).

RESOLVED that:

This Council notes the question of extension of webcasting of Council meetings to Regulatory Services Committee meetings is already under review by Governance Committee and awaits its report before considering the matter further.

            The record of voting divisions is attached as Appendix 6.