Agenda and minutes

To sign as a true record the minutes of the Meeting of the Council held on 18 July 2012 (attached).

The minutes of the meeting of the Council held on 18 July 2012 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 18 July 2012 be signed as a correct record.

Members are invited to disclose any pecuniary interest in any of the items on the agenda at this point of the meeting. 

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

Councillor Michael White disclosed an interest in the subject matter of agenda item 14F (motion: Hospital A&E Services in North East London).

A procedural motion, that the motion at agenda item 14D (Political and Constitutional reform) be taken as the first of the motions to be considered and dealt with by vote only, was CARRIED by 39 votes to 3 (see voting division 1) and it was RESOLVED accordingly.

To receive announcements (if any).

The Mayor’s Announcements are attached as Appendix 1 to these minutes.

In the course of her announcements, the Mayor presented a Mayor’s Award to Mark Hunter, Honorary Freeman of the Borough, in recognition of his achievement in winning a Silver Medal in Rowing at the London 2012 Olympic Games.

The Leader of the Council announced that Her Majesty the Queen would be visiting the borough on 26 October 2012 formally to open the new Drapers’ Academy.

NOTE: The deadline for giving notice of an intention to present a petition is midnight, Monday 10 September 2012

A.        Councillors Linda Hawthorn and Jeffrey Tucker have given notice of intentions to present petitions

B.        To receive any petition presented pursuant to Council Procedure Rule 23.

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

Linda Hawthorn -                   From 72 residents of Peterborough Avenue, Upminster, seeking resurfacing of that road;

Jeffrey Tucker -                      1          From residents of Davis Close, Rainham, concerning possible over-development of the former Rainham Police Station; and

                                                2          Relating to the clamping of vehicles by a private company in the Rainham Village area.

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

To consider the attached annual reports

Note: The deadline for amendments (if any) is midnight, Monday, 17 September 2012

The Council received and considered the Annual Reports of the following:

Member Champion for the Diploma Scheme (Councillor Paul Rochford)

Member Champion for Diversity (Councillor Osman Dervish)

Member Champion for the Historic Environment (Councillor Andrew Curtin)

Member Development Group (presented on behalf of the Group by Councillor Pam Light)

Member Champion for the Over 50s (Councillor Pam Light)

Pensions Committee (moved on behalf of the Committee by Councillor Damian White)

Standing Advisory Council for Religious Education (presented on behalf of that Council by Councillor Paul Rochford)

Member Champion for Standards (Councillor Wendy Brice-Thompson)

Member Champion for the Voluntary Sector Compact (Councillor Andrew Curtin)

Member Champion for Younger Persons (Councillor Garry Pain)

Each Annual Report was ADOPTED without debate or division.

The reports of the Member Champion for the Historic Environment and of the Member Champion for the Voluntary Sector Compact both contained recommendations, which the Council adopted without division.

RESOLVED:

That the Annual Reports as listed be approved and the recommendations therein be adopted.

To consider a report of the Governance Committee (attached)

The Mayor had agreed pursuant to s.100B(4) of the Local Government Act 1972 that the report referred to in this minute should be considered as a late item. The Governance Committee meeting at which it was considered had taken place after the publication of the final agenda for this meeting but the Constitutional amendments needed to be in place as soon as practicable.

The Council noted that review of the Council’s Constitution, and recent legislation, had led to proposals for further amendment of the Constitution, which the Governance Committee now recommended for adoption. The proposed amendments are set out in Appendix 2 to these minutes.

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

That the amendments to the Constitution set out in Appendix 2 to these minutes be approved.

To consider a report of the Governance Committee (attached)

The Mayor had agreed pursuant to s.100B(4) of the Local Government Act 1972 that the report referred to in this minute should be considered as a late item. The Governance Committee meeting at which it was considered had taken place after the publication of the final agenda for this meeting.

The Government's decision to make significant changes to the school examinations system had led to discontinuance of the Diploma Scheme and thus rendered the post of Member Champion for the Diploma Scheme unnecessary. The Governance Committee had therefore recommended that it be abolished.

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

That the appointment of Member Champion for the Diploma Scheme be abolished.

To consider a report of the Governance Committee (attached)

The Mayor had agreed pursuant to s.100B(4) of the Local Government Act 1972 that the report referred to in this minute should be considered as a late item. The Governance Committee meeting at which it was considered had taken place after the publication of the final agenda for this meeting but the decision needed to come into effect on 1 October.

Although the Council had decided in May 2011 that Adjudication & Review should become a Sub-Committee of the Governance Committee, it had subsequently been decided that the hearing of allegations of breaches of the Members’ Code of Conduct and complaints by Council tenants (following reversion of housing management functions to the Council and winding-up of Homes in Havering) would be assigned to it. Accordingly, it was now appropriate to reinstate it as a full Committee.

Consequential amendments to the Constitution had been considered by the Governance Committee, which had accepted both the proposal and the amendments, and now recommended to the Council that they be put into effect. Details of the changes are set out in Appendix 3 to these minutes.

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

1          That the Adjudication & Review Sub-Committee be reinstated as a full Committee with effect from 1 October 2012, with the functions set out in Appendix 3 to these minutes.

2          That the Chairman (Councillor Ted Eden) and Vice-Chairmen (Councillors Barbara Matthews and Frederick Thompson) of the current Sub-Committee be appointed as Chairman and Vice-Chairmen respectively of the new Committee, with effect from 1 October 2012.

To consider a report of the Governance Committee (attached)

The Mayor had agreed pursuant to s.100B(4) of the Local Government Act 1972 that the report referred to in this minute should be considered as a late item. The Governance Committee meeting at which it was considered had taken place after the publication of the final agenda for this meeting but agreement on the shape of the new Board needed to be in place as soon as practicable.

The Health and Social Care Act 2012 required the Council by April 2013 to establish a Health and Wellbeing Board (“Board”), which would be a Committee to be treated as if it were appointed under section 102 of the Local Government Act 1972, notwithstanding that the new statute required the Board’s membership to include certain Council officers and representatives of health other organisations.

The Governance Committee had endorsed a proposal that the membership of the Board is 12 members, comprising:

·        Four councillors (to be appointed by the Leader)

·        The director of adult social services

·        The director of children’s services

Note: the above two posts are separate at present but membership should reflect statutory role rather than people

·        The chief executive

·        The director of public health

·        A representative of the Local HealthWatch organisation

·        A representative of Havering Clinical Commissioning Group, preferably the Chair

·        The Clinical Director/Lead for the Havering Clinical Commissioning

      Group

·        The Accountable Officer (Designate), Havering Clinical Commissioning Group

The Chief Operating Officer, Havering Clinical Commissioning Group, would be an ex officio member without voting rights and, in accordance with S197 of the 2012 Act, a representative of the National Health Service Commissioning Board would be invited to attend when certain business was being dealt with. It was noted that further subordinate legislation was anticipated, which might require some adjustment to the present proposals.

The Governance Committee had accordingly recommended that the membership of the Health and Wellbeing Board, to be established on and from 1 April 2013, be agreed as now proposed, subject to any revisions necessary in the light of consequential legislation.

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

That the membership of the Health and Wellbeing Board, to be established on and from 1 April 2013, be agreed as now proposed, subject to any revisions necessary in the light of consequential legislation.

To consider a report of the Chief Executive

Note: The deadline for amendments (if any) is midnight, Monday, 17 September 2012

The Council was reminded that, under paragraph 18e of the Overview and Scrutiny Procedure Rules, the Leader of the Council was required to submit quarterly reports to Council on decisions taken by himself, Cabinet or individual Cabinet members, or key decisions made by a member of staff where, in the previous three months, the Chairman of the relevant Overview and Scrutiny Committee had agreed that the decision be excepted from call-in and, as the case may be, also from entry in the Forward Plan.

It was now reported that there had recently been three such decisions, relating to:

1)         Department for Communities and Local Government Weekly Collection Support Scheme;

2)         The use of Section 106 commuted sums for the provision of affordable housing; and

3)         Building works to Hilldene Primary School.

The Council NOTED the report.

See attached paper

Ten questions were asked and replies given.

The texts of those questions, and their answers, together with those not asked orally, are set out in Appendix 4 to these minutes.

See attached paper.

In accordance with the procedural motion (see minute 34 above), the following motion and amendment were taken as the first of the motions, and dealt with by vote only.

Motion on behalf of the Conservative Group

This Council:

1.         Recognises the stated aim of Government is to decentralise powers and increase local democratic accountability.

2.         Recognises there is an appetite for more opportunities for local decision-making and greater freedom from centralised control.

3.         Welcomes:

a)         the joint campaign between the Local Government Association (LGA) and Political and Constitutional Reform Select Committee (PCRSC) to stimulate debate about the relationship between central and local government.

b)         the opportunity, through the Select Committee’s inquiry on the Prospects for codifying the relationship between central and local government, to comment on these issues.

4.         Resolves to write to local Members of Parliament supporting the joint LGA and PCRSC campaign and outlining local ambitions for the central-local government relationship.

5.         Urges all political parties and central government to engage with the Select Committee and the LGA to consider whether an entrenched statutory codification of the independence of local government should be part of our constitutional settlement.

D1: Amendment on behalf of the Labour Group

Delete the following:

"1. Recognises the stated aim of Government is to decentralise powers and increase local democratic accountability"

and insert in its place the following:

"1.Is disappointed at the Government localisation initiatives including its recent planning policy proposals but notwithstanding its disappointment urges Government to decentralise powers and increase local democratic accountability"

On being put to the vote, the Labour amendment LOST by 10 votes to 27 (see division 2). The Administration motion was then CARRIED by 36 votes to 0 (see division 3).

RESOLVED that:

This Council:

1.         Recognises the stated aim of Government is to decentralise powers and increase local democratic accountability.

2.         Recognises there is an appetite for more opportunities for local decision-making and greater freedom from centralised control.

3.         Welcomes:

a)         the joint campaign between the Local Government Association (LGA) and Political and Constitutional Reform Select Committee (PCRSC) to stimulate debate about the relationship between central and local government.

b)        the opportunity, through the Select Committee’s inquiry on the Prospects for codifying the relationship between central and local government, to comment on these issues.

4.         Resolves to write to local Members of Parliament supporting the joint LGA and PCRSC campaign and outlining local ambitions for the central-local government relationship.

5.         Urges all political parties and central government to engage with the Select Committee and the LGA to consider whether an entrenched statutory codification of the independence of local government should be part of our constitutional settlement.

A procedural motion, that the motion at agenda item 14E (Free car parking in the pre-Christmas period) be dealt with by vote only, was LOST by 15 votes to 26 (see division 4).

Motion on behalf the Residents’ Group

Following the reported £6.7 million under-spend in the revenue budget for 2011/12, this Council agrees to consider the following actions in order to establish a robust, transparent and accountable monitoring regime at member level:

a)         a quarterly statement is reported to Cabinet setting out progress against each saving target

b)         where there are projected variations, the items are automatically referred to the relevant Overview & Scrutiny Committee for further consideration

c)         that a full bi-annual budget statement is provided to each Overview and Scrutiny Committee tailored to the remit of that committee

A1: Amendment on behalf of the Administration

Amend to read

This Council noting that the provisional reported under-spend of £6.7 million in the revenue budget for 2011/2012 will be reduced to nil following the planned transfer to transformation/strategic reserves and that the use of such reserves has been important in achieving very difficult savings targets reaffirms its support for:

a)         the posting quarterly on the Intranet of the revenue monitoring reports

b)         the inclusion of detailed analysis in Cabinet financial reports as part of the Financial Framework

c)         the Constitutional freedom of Overview and Scrutiny Committees to set their own agendas.

Following debate, the Administration amendment was CARRIED by 26 votes to 16 (see division 5); and it was then CARRIED as the substantive motion by 26 votes to 16 (see division 6).

RESOLVED:

This Council, noting that the provisional reported under-spend of £6.7 million in the revenue budget for 2011/2012 will be reduced to nil following the planned transfer to transformation/strategic reserves and that the use of such reserves has been important in achieving very difficult savings targets reaffirms its support for:

a)         the posting quarterly on the Intranet of the revenue monitoring reports

b)        the inclusion of detailed analysis in Cabinet financial reports as part of the Financial Framework

c)         the Constitutional freedom of Overview and Scrutiny Committees to set their own agendas.

Motion on behalf the Residents’ Group

Following on from the initiative to open up the Angel Way Multi-Storey Car Park on Sundays to provide free car parking prior to Christmas 2011, and in order to boost business and promote our local economies over the coming Christmas/New Year period, this Council agrees to extend free parking for the first two hours in all council managed car parks across the borough, covering the weekends of 15th/16th December, 22nd/23rd December and from 24th December through to 1st January inclusive.

In view of the hour and in accordance with Council Procedure Rule 9.1(b), the motion was considered without debate and, on being put to the vote, was LOST by 12 votes to 26 (see division 7).

With the agreement of the Council, the following motions were withdrawn:

Item 14B – Olympic Torch Relay – by the Independent Residents’ Group

Item 14C – Housing policies – by the Independent Residents’ Group

Item 14F – Hospital A&E Services in North East London – by the Labour Group

The record of voting divisions is attached as Appendix 5.