Agenda and minutes

(a)       To elect the Mayor of the Borough for the Municipal Year 2011/12.

(b)       To receive notice of the appointment of the Deputy Mayor of the Borough for the Municipal Year 2011/12.

A. Motion on behalf of the Conservative Group

That Councillor Melvin Wallacebe elected Mayor for the Municipal Year 20011/12

Motion on behalf of the Conservative Group (Agenda Item 3A)

That Councillor Melvin Wallace be elected Mayor for the Municipal Year 2011/12.

The Conservative Group proposal was AGREED without a vote.  It was, therefore, duly RESOLVED:

That Councillor Melvin Wallace be elected Mayor for the Municipal Year 2011/2012

Councillor Melvin Wallace,having made the Declaration of Acceptance of Office of Mayor as required by the Local Government Act 1972, then took the Chair and thanked the Council for the honour conferred upon him.   The Mayor indicated that his Mayoress would be Mrs Joan Wallace.

The Leader of the Council and other Members expressed the thanks of the Council to Councillor Pam Light for her services in 2010/11.  Councillor Light suitably replied.

In accordance with the Local Government Act 1972, the Mayor signified in writing his appointment of Councillor Lynden Thorpe as Deputy Mayor for the ensuing year and to carry out the duties of the Mayor in case of the Mayor’s illness or absence. 

Councillor Thorpe made the Declaration of Acceptance of Office accordingly. The Mayor indicated that the Deputy Mayor’s Consort for the year would be David Thorpe.

            To approve as a true record the minutes of the meeting of the Council held on 30 March 2011, and to authorise the Mayor to sign them.

Council noted the following corrections to the minutes:

·      In minute 79, deletion of an erroneous reference to a declaration of interest by Councillor Linda Van den Hende

·      in minutes 68 and 71, Councillor Robby Misir being recorded as having declared an interest and not Councillor Billy Taylor, as shown

·      the addition among the names of those present of Councillor Eric Munday

It was RESOLVED:

That, subject to the corrections now listed, the minutes of the meeting of the Council held on 30 March 2011 be signed as a true record.

The Mayor made the following announcement:

Thank you very much for electing me to be the 48th Mayor of the London Borough of Havering. You have made me very proud and I will do my utmost to uphold the proud tradition of this office and to serve the community to the best of my ability.

Having been Deputy Mayor for two years, I am reminded of what Gary Player, the South African golfer said back in 1974 when he won the British Open: “Do you know what? The more I practice, the luckier I get” – and tonight I feel very lucky!

I would like to thank both Roger Ramsey and Pam Light for all their help and consideration over the last two years when I was their Deputy. I would also like to thank my daughters and all my friends for supporting me today, and a very special welcome to Mr Barry Anderson, former Mayor the London Borough of Lewisham.

Lastly, my main charity this year will be St Francis Hospice. I will throughout my year consider other charitable organisations with a view to trying to help the lesser known.

There were no announcements by the Chief Executive on this occasion.

Note: at the conclusion of the Leader’s Statement Council will adjourn for refreshments

Council received a Statement by the Leader of the Council (attached as Appendix 1 to these minutes).

Members are invited to declare any interests in any of the items on the agenda at this point of the meeting. 

Members may still declare an interest in an item at any time prior to the consideration of the matter.

            The Members present named in minutes 3, 4 and 10 (the Mayoralty and various Committee Chairmanships) who were candidates for offices attracting a Special Responsibility Allowance, each declared a personal interest under paragraph 8 of the Members’ Code of Conduct as they would benefit from the Members’ Allowance Scheme 2011.

To consider whether to confer on any persons who have rendered eminent service to the borough, the Honorary Freedom of the Borough.

8A       The following nominations have been received, for conferment of the Freedom of the Borough upon the individuals nominated, in recognition of the eminent service:

On behalf of the Administration:

Joyce Leicester

On behalf of the Residents’ Group:

Sue Ospreay

On behalf of the Labour Group:

Tom Horlock

Note:    the Local Government Act 1972 requires that, in order for the honours to be conferred, the nominations must be supported by not fewer than two thirds of the members present and voting.

The Leader of the Council (Councillor Michael White) proposed that the Honorary Freedom of the borough be conferred upon Mrs Joyce Leicester in recognition of her service to the borough, particularly as Secretary of the Gidea Park& District Civic Society.

Councillor Andrew Curtin seconded the proposal.

The proposal was AGREED by 53 votes to 0 (see voting division 1) and it was RESOLVED:

To confer upon Mrs Joyce Leicester the Honorary Freedom of the Borough.

The Mayor then congratulated Mrs Leicester, who was present at the meeting, and Members applauded.

Councillor Ray Morgon proposed that the Honorary Freedom of the borough be conferred upon Ms Sue Ospreay in recognition of her service to the borough as leader of the Lightning Drama Group.

The Leader of the Opposition (Councillor Clarence Barrett) seconded the proposal.

The proposal was AGREED by 53 votes to 0 (see division 2) and it was RESOLVED:

To confer upon Sue Ospreay the Honorary Freedom of the Borough.

The Mayor then congratulated Ms Ospreay, who was present at the meeting,  and Members applauded.

The Leader of the Labour Group (Councillor Keith Darvill) proposed that the Honorary Freedom of the borough be conferred upon Mr Tom Horlock in recognition of his service to the borough, both as a dedicated supporter of the Labour Party and in supporting youth activity in Upminster.

Councillor Denis O’Flynn seconded the proposal.

The proposal was AGREED by 53 votes to 0 (see division 3) and it was RESOLVED:

To confer upon Tom Horlock the Honorary Freedom of the Borough.

Mr Horlock was unable to be present at the meeting and the Mayor announced that a suitable event would be held in due course to mark the conferment of the award.

To consider the Chief Executive’s reportabout appointing Committees

There was before Council a report of the Chief Executive concerning the appointment of the Committees of the Council, and advising upon political balance issues. The report referred in particular to the consequences of the decision made at the last meeting of the Council to abolish the Partnerships Overview & Scrutiny Committee and to reconstitute the Adjudication & Review and Appointments Committees as Sub-Committees of the Governance Committee.

The report was AGREED without debate or division and it was RESOLVED:

That:

(1)       The Committees listed in Appendix 2 to these minutes be appointed for the 2011/12 Municipal Year.

(2)       Those Committees be appointed with:

(a) the membership sizes and

(b) the political balance

indicated in Appendix 2 of the report submitted and its annexes (including the note to the table in annex B) and that it be noted that this includes an increase in the size of the Governance Committee to 13 (8:2:2:1)

(3)       The voting co-optees, the two representing Church of England and Roman Catholic interests and the three parent governor co-optees selected in accordance with the appropriate Regulations, be appointed to the Children’s Services Overview and Scrutiny Committee.

(4)       The other non-elected member “appointments” and invitations to attend shown in Appendix 1 to the report be confirmed.

A procedural motion on behalf of the Administration, that the following matter, the appointment of  Chairmen and Vice-Chairmen of Committees (agenda item 9) be dealt with by vote only was AGREED by 43 votes to 2 (see division 4) and it was RESOLVED:

That the following matter, the appointment of Chairmen and Vice-Chairmen of Committees (agenda item 9), be dealt with by vote only.

To consider the nominations proposed by the Administration, Independent Residents’ Group and the Residents’ Group

A. Motion on behalf of the Administration

1.         That the following Chairmen and Vice-Chairmen be appointed –

2          That the Governance Committee be delegated authority to appoint the Chairmen and the Vice-Chairmen of the Adjudication & Review and Appointments Sub-Committees

B. Amendment on behalf of the Independent Residents’ Group

1          That the following Chairman be appointed –

2          Sub-Committees of the Governance Committee:

That Council appoint the Chairmen of the Adjudication & Review and Appointments Sub-Committees and that the following appointments be made accordingly:

C. Amendment on behalf of the Residents’ Group

1          Licensing Committee: one vice chairman position -

            Replace Councillor Linda Trew with Councillor Brian Eagling

2          Insert following Overview & Scrutiny Committee Vice-Chairmen -

In accordance with the procedural motion (minute 9 preceding), the motion and amendments were dealt without debate.

With the consent of the Council, the nominations for appointment as Chairman set out within the Independent Residents’ Group amendment (B 1 above) were WITHDRAWN.

The proposal within the Independent Residents’ Group amendment (B 2 above), that Council retain responsibility for the appointment of Chairman and Vice-Chairman of the Adjudication & Review and Appointments Sub-Committees and that the Group’s nominee be appointed Chairman of those Sub-Committees, was LOST by 4 votes to 39 (division 5).

The Administration motion (A above), except so far as concerning the appointment of the Vice-Chairmen of the Overview & Scrutiny Committees and of one Vice-Chairmen of the Licensing Committee, was then CARRIED by 49 votes to 0 (division 6).

The proposed appointments set out in the Residents’ Group amendment (C 2 above), other than that of the second Vice-Chairman of the Licensing Committee, were AGREED without division.

The Residents’ Group amendment (C 1 above) relating to the appointment of second Vice-Chairman of the Licensing Committee was put  ...  view the full minutes text for item 10.

Motion on behalf of ­­­­­­­­­­­­­­­­­­­­­ the Administration

That the Cabinet Member for Children’s & Learning be appointed Statutory Lead Member for Children’s Services and Champion for the new Diploma Scheme.

That the Cabinet Member for Children & Learning be appointed Statutory Lead Member for Children’s Services and Champion for the new Diploma Scheme.

The motion was AGREED without division, and it was RESOLVED:

That the Cabinet Member for Children & Learning be appointed Statutory Lead Member for Children’s Services and Champion for the new Diploma Scheme.

Motion on behalf of ­­­­­­­­­­­­­­­­­­­­­ the Administration

That the following be appointed Champions as indicated:

For Diversity                                               Councillor Osman Dervish

For the Over Fifties                                    Councillor Pam Light

For the Historic Environment                    Councillor Andrew Curtin

For Standards                                            Councillor Wendy Brice-Thompson

For the Voluntary Sector Compact          Councillor Andrew Curtin

For Younger Persons                                Councillor Garry Pain

Motion on behalf of Administration

That the following be appointed Champions as indicated:

For Diversity                                               Councillor Osman Dervish

For the Over Fifties                                    Councillor Pam Light

For the Historic Environment                    Councillor Andrew Curtin

For Standards                                            Councillor Wendy Brice-

                                                                           Thompson

For the Voluntary Sector Compact          Councillor Andrew Curtin

For Younger Persons                                Councillor Garry Pain

The motion was AGREED without division, and it was RESOLVED:

That the following be appointed Champions as indicated:

For Diversity                                                Councillor Osman Dervish

For the Over Fifties                                    Councillor Pam Light

For the Historic Environment                 Councillor Andrew Curtin

For Standards                                             Councillor Wendy Brice-

                                                                              Thompson

For the Voluntary Sector Compact       Councillor Andrew Curtin

For Younger Persons                               Councillor Garry Pain

Councillor Fred Osborne has given notice of an intention to present a petition.

Pursuant to Council Procedure Rule 23, a petition was presented by Councillor Fred Osborne from residents of Rush Green, seeking a new bus route to run from Dagenham Civic Centre to Hornchurch Town Centre via the Tesco store at Roneo Corner.

It was noted that the petition would be passed to Committee Administration & Member Support for attention in accordance with the Petitions Scheme.

To consider a report of the Governance Committee

A report of the Governance Committee concerning action taken to deal with illegal money-lending was considered. Previously, the Council (and others) had delegated authority to Tower Hamlets Council to investigate and prosecute instances of illegal money-lending within Greater London but the arrangement had now been superseded by a national arrangement, led by Birmingham City Council.

As a matter of some urgency, the Council needed to delegate appropriate authority to the City Council and the Governance Committee had made recommendations accordingly.

The Committee’s recommendations were AGREED without debate or division and it was RESOLVED that the Council:

1          In pursuance of Section 101(1)(b) of the Local Government Act 1972, Section 19 of the Local Government Act 2000and Regulation 7 of the Local Authorities (Arrangements for the Discharge of Functions) (England) Regulations 2000, delegates to Birmingham City Council:

(a)       Enforcement of Parts III and IV of the Consumer Credit Act 1974, and

(b)       The enforcement functions and powers under Parts XI and XII of the Consumer Credit Act 1974, and

(c)       The power of prosecution under section 222 of the Local Government Act 1972

            all in connection with money-lending or the activities of money lenders and/or their agents and associates, and the laundering of the proceeds of illegal money-lending.

2          Agrees that Part 3, Section 2.3 of the Constitution (functions exercised by another authority on behalf of this authority) be amended accordingly

3          Authorises the Acting Assistant Chief Executive to agree the terms of the delegation agreement with Birmingham City Council.

4          Agrees that the Council will enter into a joint Cross Border Working Protocol with Birmingham City Council in respect of illegal money lending.

5          Notes the exercise by the Chief Executive of her powers within Part 3, Section 3.1.8 of the Council’s Constitution temporarily to delegate the above powers to Birmingham City Council to allow an investigation to proceed prior to this meeting.

To consider recommendations of the Leader of the Council

There was before the Council a report of the Leader of the Council concerning the Council’s Capital Programme 2011-2014. A question was asked in accordance with Council Procedure Rule 11.7 and replied to, but no amendment was proposed and the recommendations of the Leader were ADOPTED without debate or division. It was, accordingly, RESOLVED:

That the Council’s Capital Programme for 2011/14 as now proposed by the Cabinet, be approved.

To receive replies to Members’ Questions

16 questions were asked and replies given. Following the main period for questions, as there remained time at the conclusion of ordinary business (see minute 18 following), the Mayor continued the time for questions until closure of the meeting.

The texts of those questions and their answers, together with those not asked and replied to orally, are set out in Appendix 3  to these minutes.

To consider and debate motions and amendments about the following matters:

A         Local Government Funding Formula

B         Youth Services Cuts

In accordance with Council Procedure Rule 9.1(a), the Mayor announced that, in view of the time, he intended to modify the length of speeches to 5 minutes for those Members proposing a motion or amendment, and to 2 minutes for those participating in any general debate.

Councillor Jeffrey Tucker, on behalf of the Independent Residents’ Group, objected to the likely effect of the Mayor’s ruling on the debate of the motion concerning the Local Government Funding Formula and withdrew it. Following exchanges and interventions by other Members, the Members of the Independent Residents’ Group then retired from the meeting.

Councillor Keith Darvill, on behalf of the Labour Group, withdrew the motion on Youth Services Cuts.