Agenda and minutes

To sign as a true record the minutes of the Meeting of the Council held on 27 November 2013 (attached).

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

Subject to so some minor corrections to the voting record and the removal of the recording of apologies by former Councillor Logan, the minutes were AGREED by 47 votes to 3 (see division 1) and it was RESOLVED:

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

There were no disclosures of interest.   

A procedural motion was proposed by the Administration that the urgent motion concerning the Leader of the Council (item 10E) be heard as the first item following announcements. The procedural motion was CARRIED by 34 votes to 0 (see division 2).

A procedural motion was proposed by the Administration that item 7 (Joint Committee – Consequential Amendments to the Constitution be dealt with on a vote only basis. The procedural motion was CARRIED by 45 votes to 5 (see division 4).

A procedural motion that the motion on Nuclear Test Veterans (item 10D) be heard as the first item under item 10 was CARRIED by 47 votes to 3 (see division 7).

To receive announcements (if any).

The Leader confirmed that he would be resigning from his position as Leader with immediate effect and moved a motion that Councillor Steven Kelly be elected to the officer of Leader for the remainder of the municipal year.

The urgent motion by the Administration that Councillor Steven Kelly be elected to the office of Leader of the Council for the remainder of the municipal year was APPROVED by 31 votes to 3 (see division 3) and it was RESOLVED:

That Councillor Steven Kelly be elected to the office of Leader of the Council for the remainder of the municipal year.

Council NOTED that Councillor Michael Armstrong would serve as Deputy Leader and that the former Leader’s Cabinet post would remain as a vacancy.

Councillors Mike Armstrong, Fred Osborne and Clarence Barrett have given notice of an intention to present a petition.

Pursuant to Council Procedure Rule 23, the following petitions were presented:

From the Mayor (Councillor Eric Munday) concerning safety measures at Towers School.

From Councillor Michael Armstrong concerning speeding and traffic levels at Beauly Road, Pettits Boulevard.

From Councillor Fred Osborne concerning the number of Heavy Good Vehicles using Stafford Avenue.

From Councillor Clarence Barrett concerning a request for a pedestrian crossing at Front Lane near Kings Gardens.

It was NOTED that the petitions 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).

NOTE: The deadline for amendments is midnight, Monday 27 January 2014

A report of the Governance Committee requested Council to consider amending the Constitution in order to extend the authority of the Director of Public Health to have designated responsibility for signing Patient Group Directions on behalf of the Council. These Directions enabled suitably trained and accredited health professionals to supply and/or administer a named medicine to a group of patients who may not be individually identified prior to presentation for treatment.

            Responsibility for the delivery of health service improvements requiring these directions had been transferred to the Council under the Health and Social Care Act 2012. It had been proposed that the Director of Public Health publish an annual report on the use of Patient Group Directions that would be shared with the Health and Wellbeing Board. It had also been confirmed that the Council did have the necessary indemnity insurance for decisions on treatments which would include decisions on Patient Group Directions.

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

That the following paragraph is added to Section 3.9.1 in Part 3 of   the Constitution relating to the Director of Public Health’s role:

(m) To authorise Patient Group Directions on behalf of the Council.

To consider a report of the Governance Committee (attached).

Note: The deadline for amendments is midnight, Monday 27 January 2014.

A report of the Governance Committee invited Council to consider approval of some amendments to the Constitution arising from the previous Council decision to form a Joint Committee with the London Borough of Newham for the delivery of back office and support services for the Council. The final allocation of the delegation of Authority would be handled by the Monitoring Officer using his delegated powers to amend the Constitution to reflect organisational changes.

An amendment to the report by the Independents Residents’ Group that:

This Council sends the Governance report back to the Governance committee for further consideration.

was LOST by 45 votes to 5 (see division 5).

The motion of the Administration that the report of the Governance Committee, as shown at item 7 in the agenda papers, be approved.

was CARRIED by  45 votes to 5 (see division 6).

RESOLVED:

1. That the function and powers set out in Appendix 1 of these minutes be delegated from the 1 April 2014 to the Joint Committee and the relevant senior officers within the shared services organisation.
2. Consequentially the Council’s Constitution be amended from the 1 April 2014 as set out in Appendices 2 and 3 of these minutes.
3. The following power be delegated to the Chief Executive

“(h)   To exercise the power to enter into agreement with other local authorities for the placing of the services of officers from one local authority, at the disposal of the other in accordance with Section 113, Local Government Act 1972 as amended”.

4. Council agrees the principle that Proper Officer functions should be transferred to the relevant senior officer in the new shared back office structure and notes that the final allocation will be made by the Monitoring Officer under existing delegated powers.

To consider a report of the Governance Committee (attached).

Note: The deadline for amendments is midnight, Monday 27 January 2014.

A report of the Governance Committee invited Council to consider approval of some changes to the Constitution to give delegated authority for third tier managers to hear and determine disciplinary and grievance cases. This would allow such matters to be dealt with more quickly and would be in the interests of the Council, the relevant Service and the affected individuals.

            Human resources support and training would be made available to managers required to undertake such hearings.

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

That the following amendment be made to Part 3 of the Constitution, Section 3: functions delegated to staff:

Insert the following section:

3.4A    Powers of Third Tier Managers

            Third Tier Managers are managers who report directly to a Head of Service.

(a)      To hear and determine disciplinary hearings of more junior staff including those involving accusations of gross misconduct

(b)      To hear and determine grievance hearings

Attached.

Fifteen questions were asked and replies given.

The text of the questions, and their answers, are set out in Appendix 4 to these minutes.

See attached paper.

Motion on behalf of the Administration and the Residents’ Group

That the Council:

1.         Notes that its commitment to the Armed Forces Community Covenant ensures the needs of those residents of Havering who serve, or have served, the country are recognised and supported at a local level.

2.         Further notes that many other residents have, through a range of professions, served the country in equally significant measure such as in national security and defence including those who participated in the testing of Britain’s nuclear weapons in the 1950s and 1960s.

3.         Welcomes that, following a Ministry of Defence commissioned Health Needs Analysis in 2011 of British nuclear test veterans, the NHS have introduced a number of practical measures to support them.

4.         Believes that other parts of the public and voluntary sector should seek to introduce similar measures to support nuclear test veterans – and that the Council should lead this at a local level by extending the provisions of the Armed Forces Community Covenant to those veterans who live in Havering.

5.         Urges the Government to support the campaign of the British Nuclear Tests Veteran Association by:

·                Officially recognising the unique service of these veterans and acknowledge the nation’s continuing debt to them; and

·                Supporting the intention to establish a Benevolent Fund of £25 million to provide assistance for those veterans and their descendants in need.

6.         Agrees to ask our Members of Parliament to back this campaign and join the Council in urging the Government to support the requests outlined in (5) above.

Following debate, the Administration and Residents’ Group motion was CARRIED by 50 votes to 0 (see division 8).

RESOLVED:

That the Council:

1.         Notes that its commitment to the Armed Forces Community Covenant ensures the needs of those residents of Havering who serve, or have served, the country are recognised and supported at a local level.

2.         Further notes that many other residents have, through a range of professions, served the country in equally significant measure such as in national security and defence including those who participated in the testing of Britain’s nuclear weapons in the 1950s and 1960s.

3.         Welcomes that, following a Ministry of Defence commissioned Health Needs Analysis in 2011 of British nuclear test veterans, the NHS have introduced a number of practical measures to support them.

4.         Believes that other parts of the public and voluntary sector should seek to introduce similar measures to support nuclear test veterans – and that the Council should lead this at a local level by extending the provisions of the Armed Forces Community Covenant to those veterans who live in Havering.

5.         Urges the Government to support the campaign of the British Nuclear Tests Veteran Association by:

·                Officially recognising the unique service of these veterans and acknowledge the nation’s continuing debt to them; and

·                Supporting the intention to establish a Benevolent Fund of £25 million to provide assistance for those veterans and their descendants in need.

6.         Agrees to ask our Members of  ...  view the full minutes text for item 80.

We the Councillors for London Borough of Havering will reduce the number of Councillor posts which receive a Special Responsibility Allowance (SRA) within this Council by 50%. To take effect from the 1st March 2014.

It is unfair that the Council Tax Payers for London Borough of Havering and various departments within this Council should bear the full brunt of these cuts and by reducing the number of Councillor post which receive an SRA, we the Councillors for London Borough of Havering are demonstrating that we too are prepared to deal with the hard times ahead, in order those in need are always put first.

Amendment by the Residents’ Group

We the councillors for the London Borough of Havering recognise that the Residents’ Association group, for each of the past seven years, has presented a budget amendment to full Council to reduce the number and level of Special Responsibility Allowances, delivering an average annual saving of some £150,000. In order to resolve this important matter satisfactorily, this Council agrees to:

a)         form a cross-party working group to review the number of SRA positions along with the associated allowances and, subject to independent scrutiny, make recommendations to full Council for adoption. 

b)         agree that this work commences as soon as practical following the local elections in May 2014.

c)          agree that this proviso is included as part of the budget setting full Council meeting in February 2014 where Members' Allowances are usually considered.

Amendment by the Labour Group

Delete the words of the motion and insert the following in place thereof:-

This Council accepts the recommendations of the London Council appointed Independent Panel in respect of the number of Councillors Special Responsibility Allowances per each Council and with a view to implementing those recommendations in full agrees to review its Cabinet and Committee structures as soon as is possible.

Amendment by the Administration

            This Council notes that savings in budgets for the Councillors’ allowances scheme for 2014/2015 have been included in the Medium Term Financial Strategy and will be considered and decisions taken in February 2014 as part of the budget process for that year.

Following debate, the Residents’ Group amendment was NOT CARRIED by 30 votes to 17 (see division 9); the Labour Group amendment was NOT CARRIED by 34 votes to 5 (see division 10)  and the Administration amendment was CARRIED by 29 votes to 7 (see division 11) and it was then CARRIED as the substantive motion without division.

RESOLVED that:

This Council notes that savings in budgets for the Councillors’ allowances scheme for 2014/2015 have been included in the Medium Term Financial Strategy and will be considered and decisions taken in February 2014 as part of the budget process for that year.

During the course of this item, it was AGREED, without division, that Councillor Tucker be removed from the meeting.

            Motion on behalf of the Independent Residents’ Group

TfL’s ‘London buses going cashless’ consultation document says it will save £24 million a year in operating costs by 2020.

And the same document says 60,000 passengers pay the extra £1 fare every day - although TfL’s Annual report says 85,000 passengers are paying the cash fare!

However if we settle for a figure of 70,000 this generates an income of £25.5 million a year and means the cash fare is already generating £1.5 million more income than the forecast saving in 7 years’ time!

In addition over £30 million in credit remains on the Oyster cards every year! So even if the costs of handling cash fares did rise above income, a small part of the credit on the Oyster cards could pay the difference!

In other words 'London buses going cashless' will lose TfL money and result in a poorer bus service, particularly for vulnerable people and in outer-London where cash fares remain high.

Therefore the Council calls on the GLA Mayor to honour his election promise to support outer-London by retaining cash fares on London Buses.

Amendment by the Labour Group

Delete the words of the Motion and insert the following in place thereof:-

This Council acknowledges the benefits of Bus fares being paid by cashless means, calls upon the Mayor of London and TFL to continue to accept bus fares being paid by cash whilst encouraging greater use of Oyster cards and at the same time ensuring maximum security for Bus Company employees who handle cash.

In view of the time and in accordance with Council procedure rule 9.1 (b) the motion and amendment were dealt with by vote only.

The Labour Group amendment was NOT CARRIED by 27 votes to 20 (see division 12) and the Independent Residents’ Group motion was NOT CARRIED by 38 votes to 2 (see division 13). 

Motion on behalf of the Labour Group

This Council recognises the adverse impact on many of its tenants caused by the introduction of the ‘spare room subsidy’ also known as the ‘bedroom tax’ and calls on the Government to repeal the legislation that introduced it.

Amendment by the Administration

This Council recognises the positive effects of the various legislations enacted to enable a fairer use of Council property, ensuring movement to maximise the use of a scarce and valued commodity.

            In view of the time and in accordance with Council procedure rule 9.1 (b) the motion and amendment were dealt with by vote only.

The Administration amendment was CARRIED by 39 votes to 5 (see division 14) and CARRIED as the substantial motion without division.

The record of voting divisions is attached as Appendix 5.