The members of the Council are invited to consider whether they have a personal or prejudicial interest in connection with any matter to be debated or determined at this meeting and, if so, to declare it and state the nature of such interest.

The members of the Council were invited to consider whether they had a personal or prejudicial interest in connection with any matter to be debated or determined at the meeting and, if so, to declare it and state the nature of such interest. The following declarations were made:

Councillor L Rowlands declared a personal interest in item motion 10 (Free Schools) by virtue of his wife’s employment with the authority.

Councillor S Clarke declared a personal interest in motion 10 (Free Schools) by virtue of her daughter’s employment with the authority.

Councillor P Hayes declared a prejudicial interest in motion 12 (Coalition Government Reality Gap) by virtue of his employment and left the chamber whilst the matter was considered.

Councillor S Williams declared a personal interest in item motion 10 (Free Schools) by virtue of his wife’s employment with the authority.

Councillor C Povall declared a personal interest in motion 10 (Free Schools) by virtue of her daughter’s employment with the authority.

Councillor S Holbrook declared a personal interest in motion 11 (Greater Freedom for Councils) by virtue of his employment.

Councillor M McLachlan declared a personal interest in motion 10 (Free Schools) by virtue of her son’s employment with the authority.

Councillor B Kenny declared a personal interest in motion 10 (Free Schools) by virtue of his wife’s employment with the authority.

Councillor S Whittingham declared a personal interest in the following items:

Minute 85 (Cabinet – 22/7/2010) Wirral’s Revised Housing Investment Programme 2010/11 and minute 121 (Cabinet – 2/9/2010) Local Development Framework – Strategic Housing Land Availability Assessment by virtue of his membership of the Wirral Partnership Homes Board.

Minute 93 (Cabinet – 22/7/2010) Reduction in Local Transport Grant by virtue of his employment.

Councillor G Davies declared a personal interest in motion 10 (Free Schools) by virtue of his wife’s  employment with the authority.

Councillor A Jennings declared a personal interest in motion 10 (Free Schools) by virtue of his daughter’s employment with the authority.

Councillor D Knowles declared a personal interest in motion 10 (Free Schools) by virtue of his wife’s employment with the authority.

Councillor K Hayes declared a personal interest in Minute 85 (Cabinet – 22/7/2010) Wirral’s Revised Housing Investment Programme 2010/11 and minute 121 (Cabinet – 2/9/2010) Local Development Framework – Strategic Housing Land Availability Assessment by virtue of her membership of the Wirral Partnership Homes Board.

Councillor T Anderson declared a personal interest in Minute 85 (Cabinet – 22/7/2010) Wirral’s Revised Housing Investment Programme 2010/11 and minute 121 (Cabinet – 2/9/2010) Local Development Framework – Strategic Housing Land Availability Assessment by virtue of his membership of the Wirral Partnership Homes Board.

All councillors who had been appointed as school governors declared a personal interest in motion 10 (Free Schools).

To receive petitions submitted in accordance with Standing Order 21.

In accordance with standing order 21, the Mayor received petitions submitted by:

(a) Councillor D Elderton on behalf of 32 signatories requesting the amendment of parking restrictions in South Parade, West Kirby, to permit parking by residents of Redcote Court and Spindrift Court.

(b) Councillor D Realey  on behalf of 23 signatories requesting the removal of parking restrictions in Clarence Road, Tranmere, to assist local residents and businesses.

(c)  Councillor R Abbey on behalf of 218 signatories opposing cuts in the Wirral School’s Music Service.

(d)  Councillor C Meaden on behalf of 159 signatories objecting to an application to sell alcohol at the premises 15/17 Albany Road, Rock Ferry.

(e)  Councillor D Mitchell on behalf of 196 signatories requesting action to reduce the noise emanating from the Karting Track, Hooton Park.

(f)  Councillor C Povall on behalf of 25 signatories requesting the resurfacing of Keswick Avenue, Bromborough.

(g)  Councillor S Williams on behalf of 70 signatories objecting to planning application 10/01161 for change of use to hot food takeaway at Remax Estate, 283 Hoylake Road, Moreton.

(h)  Councillor S Kelly on behalf of 236 signatories requesting the provision of a pedestrian crossing in the area of Dorincourt, The Pavilions, and Homebank House, Talbot Road, Oxton.

(i)  Councillor A Jennings on behalf of 136 signatories objecting to planning application ANT/10/01192, monopole and cabinet sited at Spital Road, adjacent to Lancelyn Court, Bebington.

(j)  Councillor A Jennings on behalf of 1874 signatories requesting extra provision for children with profound and multiple learning difficulties presented by the Lyndale School.

To receive as a correct record the minutes of the meeting of the Council held on 12 July 2010.

The minutes of the meeting of the Council held on 12 July, 2010 had been circulated to members and it was:-

Resolved -  That the minutes be approved as a correct record.

To consider matters referred to the Council for determination. The relevant minutes are attached; copies of the related reports can be provided for Council members on request.

CABINET REFERRALS TO COUNCIL

Minute 68 (22 July) Area Based Grants

Minute 77 (22 July) Leasowe Leisure Centre

Minute 82 (22 July) Schools Capital Programme 2010/11

Minute 85 (22 July)  Wirral’s Revised Housing Investment Programme 210/11

Minute 89 (22 July) Local Development Framework – Core Strategy – Preferred Options

Minute 93 (22 July) Reduction in Local Transport Grant 2010/11

Minute 121 (2 Sept) Local Development Framework – Strategic Housing Land Availability Assessment

Minute 143 (23 Sept) Local Development Framework – Core Strategy – Public Consultation on Preferred Options

14 October -  Draft Housing Strategy (enclosure)

14 October -  Wirral’s Housing Investment Programme (enclosure)

COMMITTEE REFERRALS TO COUNCIL

Minute  9 Standards Committee (29 September) - Appointment of Vice-Chair

Minute 19(2) Employment &Appointments (17 August) - Early Voluntary Retirement Request

Minute 25  Employment &Appointments (16 September) -  Delegation of Authority – Changes to staffing structure.

Minute 28  Employment &Appointments (16 September) - Appeals Sub-Committee – Pool of Members

(iii)  APPOINTMENT Of INTERIM CHIEF EXECUTIVE, APPOINTMENT OF RETURNING OFFICER AND AMENDMENTS TO THE SCHEME OF DELEGATION of functions TO OFFICERS

The purpose of this report is to:

refer to Council the recommendation of the Employment and Appointments Committee on 17 August 2010 that the Deputy Chief Executive be appointed to the position of Interim Chief Executive for up to nine months;

invite Council to appoint a Chief Officer, subject to any necessary consultation, to the posts of Returning Officer and Electoral Registration Officer; and

seek approval of the amended Scheme of Delegation of Functions to Officers (Part 3, Schedule 4 of the Council’s Constitution) reflecting the above matters and the re-organisation of the former Regeneration Department as set out at Appendix 1.

Cabinet 14 October 210 - Report of the Deputy Chief Executive:  INTERIM MANAGEMENT ARRANGEMENTS (enclosure). Cabinet resolved that:

That Council be recommended to delegate to the Interim Chief Executive powers to appoint the Interim Head of Corporate Planning, Communications and Engagement and to make such other interim appointments (and to approve any interim terms and conditions) beneath Chief Officer level as he considers to be in the best interest of the Council and local people.

Resolved – That the following matters be approved:-

CABINET

Minute 68 (22 July) Area Based Grants

Minute 77 (22 July) Leasowe Leisure Centre

Minute 82 (22 July) Schools Capital Programme 2010/11

Minute 85 (22 July)  Wirral’s Revised Housing Investment Programme 210/11

Minute 89 (22 July) Local Development Framework – Core Strategy – Preferred Options

Minute 93 (22 July) Reduction in Local Transport Grant 2010/11

Minute 121 (2 Sept) Local Development Framework – Strategic Housing Land Availability Assessment

Minute 143 (23 Sept) Local Development Framework – Core Strategy – Public Consultation on Preferred Options

14 October -  Draft Housing Strategy (enclosure)

14 October -  Wirral’s Housing Investment Programme (enclosure)

COMMITTEE

Minute  9 Standards Committee (29 September) - Appointment of Vice-Chair

Minute 19(2) Employment &Appointments (17 August) - Early Voluntary Retirement Request

Minute 25  Employment &Appointments (16 September) -  Delegation of Authority – Changes to staffing structure.

Minute 28  Employment &Appointments (16 September) - Appeals Sub-Committee – Pool of Members

The Director of Law, HR and Asset Management, submitted a report:

 (i)  seeking approval to the recommendation of the Employment and Appointments Committee on 17 August 2010 that the Deputy Chief Executive be appointed to the position of Interim Chief Executive for up to nine months;

(ii)  seeking approval of the amended Scheme of Delegation of Functions to Officers (Part 3, Schedule 4 of the Council’s Constitution) reflecting the above matters and the re-organisation of the former Regeneration Department as set out at Appendix 1, and;

(iii)  inviting Council to appoint a Chief Officer, subject to any necessary consultation, to the posts of Returning Officer and Electoral Registration Officer and authorising further amendments to the Scheme of Delegation of Functions to Officers to reflect any such appointment.

The Deputy Chief Executive left the meeting during the consideration of agenda item 5 (1) (Appointment of Interim Chief Executive).

The Director of Law, HR and Asset Management, left the meeting during the consideration of agenda item 5 (3) (Appointment of Returning Officer and Electoral Registration Officer).

Resolved – That the Council:

(1) Approve the appointment of the Deputy Chief Executive to the position of Interim Chief Executive for up to nine months.

(2)  Approve the amended Scheme of Delegation of Functions to officers reflecting the above appointment and the re-organisation of the former Regeneration Department, as set out in Appendix 1 (as circulated with the second supplemental agenda). 

(3)  Appoint the Director of Law, HR and Asset Management, to the posts of Returning Officer and Electoral Registration Officer, and that the Scheme of Delegation of Functions to Officers be further amended to reflect this appointment.

The Director of Law, HR and Asset Management, submitted the report of the Deputy Chief Executive concerning Interim Management Arrangements and the Cabinet’s decision (14/10/2010): 

“That Council be recommended to delegate to the Interim Chief Executive powers to appoint the Interim Head of Corporate Planning, Communications and Engagement and to make such other interim appointments (and to approve any interim terms and conditions) beneath Chief Officer level as he considers to be in the best interest of the Council and local people.”

In accordance with Standing Order 9 (Motions moved without notice), the Council agreed to suspend Standing Order 8 (Notices of motion in writing) to allow consideration of the following Notice of Motion:

It was moved by Councillor Foulkes and seconded by Councillor P Davies that:

1. This Council does not believe that the changes outlined under the Interim Management Arrangements report, which will yield less than a quarter of one senior salary in savings, are justified.

2.  Council is outraged that this decision to create new posts and increase senior salary levels should be announced at a time when ordinary Council staff are being asked to consider taking Voluntary Severance or Early Voluntary Retirement under threat of compulsory redundancies or reduced compensation if they do not.

3.  Council does not accept that there is any justification at this point for the creation of what is, in effect, a complete new Chief Executive’s department. Council believes this has nothing to do with improved services and everything to do with centralising control and improving news management at a time of serious cuts to services.

4.  Despite the change of title of the Director of Technical Services and the appointment of an Interim Head of Technical Services, at considerable extra cost, Cabinet at its meeting on the 14th October agreed additional cost to support the strategic change programme (£42,800) negating any savings arising from the changes in interim management arrangements. Council is concerned at the continual delays in delivery of the change programme.

5.  Council further believes that the way in which a decision as major as this has been handled is totally undemocratic. Once again we see the use of devices to avoid the normal Council Procedures, in this case the total bypassing of the Employment and Appointments committee by giving the Interim Chief Executive delegated powers to set up his Interim Chief Executive’s department with no elected member involvement in making appointments or in considering the salary levels, or investigating potential knock ons and the impact on other staff, or in considering the real financial and service costs of the exercise.

6.  Council should therefore not receive this Minute and agrees to refer this matter to Employment & Appointments Committee.

The Council divided as follows on the motion:

For the motion (23) - Councillors RL Abbey, JA Crabtree, G Davies, PL Davies, WJ Davies,  D Dodd, S Foulkes, P Glasman, AER Jones, B Kenny, A McCardle, A McLachlan, M McLaughlin, CM Meaden, D Realey, J Salter, H Smith, PA Smith,  ...  view the full minutes text for item 38.

The following matters, determined by the Cabinet, ares drawn to the Council’s attention in accordance with the Constitution (copies of the related reports can be provided for Council members on request).

Minute 95 – Cabinet (22/7/2010) Tender for Transport Services – waiving of the call-in period.

Minute 152 – Cabinet (23/9/2010) International Investment Meetings - waiving of the call-in period.

Minute 155 – Cabinet (23/9/2010)  Request for Financial Assistance  - Overton Woods  - waiving of the call-in period.

Resolved – That the following matters be noted, as required by the constitution:

Minute 95 – Cabinet (22/7/2010) Tender for Transport Services – waiving of the call-in period.

Minute 152 – Cabinet (23/9/2010) International Investment Meetings - waiving of the call-in period.

Minute 155 – Cabinet (23/9/2010) Request for Financial Assistance - Overton Woods - waiving of the call-in period.

On a motion by Councillor Holbrook seconded by Councillor Rennie it was:-

Resolved – That Standing order 7(8) be applied from 8.30 p.m.

To deal with questions from councillors and from members of the public, in accordance with Standing Order 11.

Note: Questions from members of the public must be submitted in writing or by email by no later than 5.00pm on 11 October 2010.

(a)  Mr John Brace, a member of the public, having given the appropriate notice in accordance with Standing Order 5(2) (j), submitted the following question:

“When will the alcohol scrutiny review regarding access to alcohol by young people in Wirral finally report, what changes by Wirral Council will it lead to and what input has Wirral Council had from young people in its creation?”

Councillor Harry Smith, Chair of the Scrutiny Programme Board, responded as follows:

“The Alcohol Scrutiny Review Panel is expected to produce a report, including recommendations, by early 2011. The report will initially be considered by the Scrutiny Programme Board. If approved, the report will then be forwarded to Cabinet.

The Alcohol Scrutiny Panel is currently reviewing the evidence found during the review. As a result, recommendations will be formulated. It is, therefore, not yet known what proposed changes might emerge from the review.

Members of the Alcohol Scrutiny Panel have, accompanied by Youth Outreach workers, engaged with young people on several visits to youth clubs, parks and open spaces. “

(b)  Mrs Leonora Brace a member of the public, having given the appropriate notice in accordance with Standing Order 5(2) (j), submitted the following question:

“A study was requested last November by Wirral Council of traffic speeds in Boundary Road (which has a 30mph speed limit). This report showed that the majority of drivers were breaking this speed limit northbound with some going as fast as 56-60mph, with over 1,000 vehicles (in one weekend in both directions) breaking the speed limit alone (a rate of one speeding vehicle every few minutes). Why following this report was action not taken to lower excessive speed in Boundary Road and nearby Brow Road (such as reducing the speed limit here to 20mph), taking into account the narrow, curvy nature of both Brow & Boundary Road with parked cars obscuring lines of sight for drivers?”

Councillor Harry Smith, Chair of the Scrutiny Programme Board, responded as follows:

“I understand from the Director of Technical Services that the investigations into the concerns raised by the petitioners are still ongoing due to a number of factors.

I understand that whilst it was the intention of the Director of Technical Services to report the findings of his investigations into the petitioners concerns to a meeting of the Highways and Traffic Representation Panel prior to the formulation of the 2010/11 Road Safety Block programme, this was not in fact possible due to the fact that part of Boundary Road is included in Government’s requirement that each Highway Authority in the UK undertake a review of speed limits on all A and B class roads and implement any changes by 2011.

To this end, I am aware that Council had approved that a panel be formed (including a Consultant – AECOM; the Police and Traffic Management Officers) to review speed limits on these strategic roads. This programme of work is currently ongoing, with a number of changes to speed limits being advertised.

The results of the  ...  view the full minutes text for item 41.

Pursuant to Standing Order 5(1)(m), and in accordance with Standing Order 5(3), to consider written comments, objections or amendments to minutes submitted under Standing Order 7(2), together with those motions, submitted under item 9 above, that the Council agrees to debate at this meeting and any minority reports submitted in accordance with Standing Order 35(4).

The matters listed for debate in accordance with Standing order 5(2) (m) were dealt with as indicated in minutes 11 to 24 below. 

Proposed by Councillor Simon Holbrook

Seconded by Councillor Lesley Rennie

(1)  Council welcomes the bold and innovative approach taken by the Conservative – Liberal Democrat joint administration in engaging widely with the public in the future shape and financing of Council services through the ‘Wirral’s Future – be a part of it’ consultation.

(2)  Council thanks those members of the public, council staff and other stakeholders who have engaged in the consultation process and contributed their thoughts and ideas so far; and urges all those yet to make a response to make their contribution in the last few days before the consultation closes on 31st October.

(3)  Council thanks those officers of the Council who have worked tirelessly and enthusiastically to deliver the biggest ever consultation exercise carried out by the Council in such an efficient and cost effective manner.

(4)  Council further thanks those members of the independent task forces for bringing their knowledge and expertise to support the Council on the key challenges it has to face.

(5)  Council recognises that difficult decisions will need to be made to meet the financial challenges which are being faced by all local authorities.

(6)  Council notes that the final Budget decisions will rest with Full Council following reports to Cabinet on the consultation results by the independent task forces and that those reports and the evidence considered will all be publicly available.

(7)  Council is proud to be associated with this extension of democracy through its engagement with the public on these important questions.

Amendment submitted in accordance with Standing Order 7(2):

Proposed by: Cllr. Steve Foulkes

Seconded by: Cllr. Phil Davies

Delete all after “Council” and insert:

“notes that 6,032 members of staff have been invited by this administration not to be a part of Wirral’s Future and that letters have been sent to them asking them asking them to consider either Early Voluntary Retirement if they are over 55 or Voluntary Severance if they are younger.

Council further notes the absence of any Cabinet report which, under normal procedure, would have set out the context of the decision to send these letters, explained how the cost of  any subsequent EVRs or Voluntary Severance payments would be met, explained how the gaps in service created by the staff choosing to leave would be dealt with, looked at the procedure and risks associated with any refusal to let staff go who might subsequently be offered EVRs or Severance at a lower rate, and only in the light of the above information asked Cabinet to take a responsible decision on whether or not to make an offer of EVR or Voluntary Severance to staff.

Council also notes the apparent absence of any recorded formal decision to circulate the letters, even under delegated authority.

Council notes that the result of bypassing normal procedures and governing instead by press release was a high degree of chaos, uncertainty, and distress for staff, who were unclear at first whether they were to be made  ...  view the full minutes text for item 43.

Proposed by Councillor Phil Davies

Seconded by Councillor Steve Foulkes

(1)  This Council notes that new EU procurement rules now in place can lead to much tougher penalties if procurement rules are broken, including the fact that the High Court has the power to set aside a signed contract, leading to potentially “significant and costly litigation” against the Council, with substantial damages being claimed, according to the latest Audit Commission report on Procurement, which followed the HESPE PIDA report.

(2)  In order to ensure that the Council avoids any such litigation, the Audit Commission recommends that the Council should:

“Strengthen procurement and general governance policies and procedures to ensure the Council promotes the right culture, the risk and incidence of external challenge is managed and the benefits of procurement initiatives are not put at risk”. It also points out the need for “formal documentation to include the thought process leading up to agreed decisions.”

(3)  This Council is therefore deeply concerned that no attempt has been made to manage the potential risk to the Council from the use of Task Forces, set up outside the normal procedures, without elected members, to advise Cabinet on the budget, which could include recommendations to outsource Council services.

(4)  This Council believes serious risks exist because:

·  There is no requirement on Task Force members to fill in any register of interests, or to declare any interests in a meeting, but the potential is there for a conflict of interest should individual members of a Task Force, or their companies, friends, family or associates, recommend to Cabinet the outsourcing of services for which they could subsequently tender if Cabinet agreed their recommendation.

·  Members of the Task Force have been given access to financial information in their advisory role.

·  There is no record of any selection or vetting procedure for Task Force members.

·  There is no formal Cabinet record of the setting up of the Task Forces, or agreed terms of reference. The only Cabinet record, which does not refer in any way to the setting up of individual Task Forces, refers only in more general terms to (setting up a consultation procedure) leaving all details to the approval of the Leader and Deputy Leader of the administration, which is outside usual Constitutional procedures.

·  Subsequent details of the setting up of the Task Forces, the role they had to play, the individuals who would sit on them, and the consultation time table were not taken to Cabinet, but announced in a press release.

·  The draft questionnaire, apparently drawn up by members of the press office following input on options from the Task Forces, was not placed before Cabinet for consideration, as has been normal practice in the past on major consultations, but was again publicised in the press and on the Council’s web site.

·  Although the Council has well established procedures for conducting independent customer satisfaction surveys which ensure a balanced response across Wirral’s population, these have not been used.

·  The questionnaire is flawed, with questions  ...  view the full minutes text for item 44.

Proposed by Councillor Gill Gardiner

Seconded by Councillor Simon Holbrook

Council welcomes the Government's announcement of its intention to give local authorities the power, through legislative changes, to sell excess electricity generated by them from renewable resources back to the National Grid.

Council notes:

(a)  That, at present, only 0.01% of electricity in England is generated by local authority owned renewables, despite the scope that exists to install projects on local authority owned land and buildings. In Germany the equivalent figure is 100 times higher.

(b)  That, at present, local authorities are able to put any renewable electricity they generate to local use, and benefit from the associated feed-in tariff for projects smaller than 5MW. The legislative changes will remove restrictions on selling any excess renewable electricity into the grid.

(c)  That the steps that are now being taken to extend the rights of Councils could mean up to £200m a year in new income for local authorities across England and Wales.

(d)  The potential environmental benefits to Wirral Council of this new Government policy in terms of meeting climate change targets, reducing the carbon budget and benefiting from Feed in Tariffs and other incentives to renewable generation.

(e)  The potential financial benefits to Wirral Council of this new Government policy in terms of reduced electricity bills and potential income.

(f)  The opportunity to integrate green technology such as wind turbines and solar panels for electricity generation and combined heat and power as part of the ongoing office accommodation change project.

(g)  The potential to explore partnership working with renewable energy technology companies and social housing providers to install micro-generation technology on their properties in order to generate cheaper electricity for the benefit of tenants and the Council.

Therefore, Council resolves:

(1)  To expand its renewable energy generation.

(2)  To instruct officers to ensure that renewable energy projects are an integral part of the office accommodation strategy.

(3)  To instruct officers to report back to the appropriate Cabinet member and to the Sustainable Communities Overview and Scrutiny Committee at the earliest opportunity.

Resolved (unanimously) - Council welcomes the Government's announcement of its intention to give local authorities the power, through legislative changes, to sell excess electricity generated by them from renewable resources back to the National Grid.

Council notes:

(a)  That, at present, only 0.01% of electricity in England is generated by local authority owned renewables, despite the scope that exists to install projects on local authority owned land and buildings. In Germany the equivalent figure is 100 times higher.

(b)  That, at present, local authorities are able to put any renewable electricity they generate to local use, and benefit from the associated feed-in tariff for projects smaller than 5MW. The legislative changes will remove restrictions on selling any excess renewable electricity into the grid.

(c)  That the steps that are now being taken to extend the rights of Councils could mean up to £200m a year in new income for local authorities across England and Wales.

(d)  The potential  ...  view the full minutes text for item 45.

Proposed by Councillor Chris Blakeley

Seconded by Councillor Wendy Clements

That Council:

(1)  Notes that 18 October is the first observance of Anti-Slavery Day and welcomes the campaign to end child prostitution and the trafficking of children for sexual purposes by, among others, ECPAT UK.

(2)  Expresses concern that human trafficking is the third largest criminal industry in the world and that around 1.2 million children and young people are trafficked every year for sexual exploitation and cheap labour.

(3)  Welcomes the Coalition Government’s creation of a National Crime Agency which will lead on a crack down of the trafficking of people, weapons and drugs. Council also welcomes new measures to tackle human trafficking within the immigration system as a priority.

(4)  Calls for close working between local and national Government and partners to provide appropriate care and protection for victims of trafficking.

Resolved (unanimously) - That Council:

(1)  Notes that 18 October is the first observance of Anti-Slavery Day and welcomes the campaign to end child prostitution and the trafficking of children for sexual purposes by, among others, ECPAT UK.

(2)  Expresses concern that human trafficking is the third largest criminal industry in the world and that around 1.2 million children and young people are trafficked every year for sexual exploitation and cheap labour.

(3)  Welcomes the Coalition Government’s creation of a National Crime Agency which will lead on a crack down of the trafficking of people, weapons and drugs. Council also welcomes new measures to tackle human trafficking within the immigration system as a priority.

(4)  Calls for close working between local and national Government and partners to provide appropriate care and protection for victims of trafficking.

Proposed by Councillor Steve Foulkes

Seconded by Councillor Harry Smith

(1)  Council condemns the sheer hypocrisy of the Conservative Liberal Democrat Alliance who have preached extensively the values of consultation with staff, trade unions and the public, only to ignore all their own so called values as soon as a major decision has to be taken.

(2)  Council condemns their abject failure to listen to their own staff on ways of saving money, choosing instead to drive through the privatisation of everything within the Council’s Parks and Countryside service, including the maintenance and administration of all Wirral’s open spaces, which includes Wirral’s coastline and estuaries.

(3)  Council further condemns their craven refusal to allow an in house bid, hiding behind difficulties in making “the separation between client and bid team”, particularly as the Audit Commission report following up the HESPE PIDA makes it clear that this is quite possible if the proper procedures are followed.

(4)  Council finally condemns their complete failure to consult with the public before taking this decision, even though they have already set up a major budget consultation exercise which could have specifically covered this issue.

(5)  Council believes that these failures demonstrate that their commitment to consultation is purely for propaganda purposes only and is therefore a cynical sham.

(6)  Council further believes that a change in the way we operate such major services, which goes far beyond a simple change in a grounds maintenance contract, should be considered as a major policy change and therefore subject to a vote in full Council, which is currently denied to us.

Amendment submitted in accordance with Standing Order 7(2):

Proposed by Councillor David Elderton

Seconded by Councillor Bob Moon

Replace all after “(1) Council condemns the sheer hypocrisy of the” with:

Labour Group, who started the PACSPE process under the previous Labour and Liberal Democrat administration, in reversing their position now the policy is being carried through to completion by the current administration.

(1)  Council welcomes the direct communication between the administration and staff and thanks staff for responding with their suggestions and ideas.

(2)  Council notes the approach taken by the previous but one, All-Party administration to award the waste collection contract to Biffa and previous Labour / Liberal Democrat administration to award the highways maintenance contract to Colas and believes the same process has been followed for PACSPE.

(3)  Council thanks those Labour Councillors who have participated in the PACSPE process, albeit not attending the most recent meeting.

The amendment was put and carried (38:23:1)

Resolved (38:23:1) – Council condemns the sheer hypocrisy of the Labour Group, who started the PACSPE process under the previous Labour and Liberal Democrat administration, in reversing their position now the policy is being carried through to completion by the current administration.

(1)  Council welcomes the direct communication between the administration and staff and thanks staff for responding with their suggestions and ideas.

(2)  Council notes the approach taken by the previous but one, All-Party administration to award  ...  view the full minutes text for item 47.

Proposed by Councillor Phil Gilchrist

Seconded by Councillor Dave Mitchell

This Council recognises that 2010 has been declared the International Year of Biodiversity by the United Nations.

Council welcomes the fact that the Department for Environment, Food and Rural Affairs has announced a structural reform plan which recognises the need to:

·  support and develop British farming and encourage sustainable food production;

·  help to enhance the environment and biodiversity to improve quality of life; and

·  support a strong and sustainable green economy, resilient to climate change.

And that the coalition Government launched a discussion document “An invitation to shape the Nature of England” in July with an ambitious foreword from Caroline Spelman as secretary of State for Environment, Food and Rural Affairs.

Council also recognises that a key commitment has been given to the publication of a White Paper on the natural environment by spring 2011 and that this will take account of the report published by Sir John Lawton in September 2010 and commissioned by Hilary Benn in September 2009.

Council notes that the report makes the following key points for establishing a strong and connected natural environment:

·  That we better protect and manage our designated wildlife sites;

·  That we establish new Ecological Restoration Zones;

·  That we better protect our non-designated wildlife sites;

Council recognises that it has, with its range of parks, open spaces, and habitats managed for the people of Wirral, a key role in maintaining biodiversity.

Council, therefore,

(a)  looks forward to the White Paper;

(b)  would welcome updated reports to Cabinet and Overview and Scrutiny as appropriate;

(c)  expresses its appreciation of the work being undertaken by officer, volunteers and local organisations to encourage, secure, maintain and protect biodiversity in Wirral.

And states its belief that the issue of biodiversity and the retention and creation of habitats for bees and other insects, should continue to be recognised and enshrined in relevant planning policies and preparations for the future management of parks and open spaces.

Amendment submitted in accordance with Standing Order 7(2):

Proposed by Councillor Jerry Williams

Seconded by Councillor Harry Smith

Delete all after “Council recognises that it has, with its range of parks, open spaces and habitats managed for the people of Wirral, a key role in maintaining biodiversity” and insert:

“Council therefore deplores the rash decision taken by Cabinet without any consultation with staff or the general public to hand over the maintenance and administration of these parks, open spaces and habitats to a private sector which is motivated by profit rather than by any desire to protect the biodiversity of our plants and wild life and to compound that decision by not even allowing an in house bid from members of staff who understand what is needed.

Council expresses its appreciation of the work being undertaken by officers, volunteers and local organisations to encourage, secure, maintain and protect biodiversity in Wirral.

Council states its belief that the issue of biodiversity and the retention and creation of habitats for bees and other insects  ...  view the full minutes text for item 48.

Proposed by Councillor Cherry Povall

Seconded by Councillor Peter Kearney

That Council:

(1)  Believes that the British state has become too authoritarian, and that over the past decade it has abused and eroded fundamental human freedoms and historic civil liberties.

(2)  Endorses the decision by the Coalition Government to scrap the ID card scheme and the National Identity register.

(3)  Welcomes the decisions to protect child identity including the abolition of the ContactPoint database and ending the finger-printing of children at school without parental permission.

(4)  Looks forward to further protection of civil liberties from the outcome of the review of the Regulation of Investigatory Powers Act 2000.

Amendment submitted in accordance with Standing Order 7(2)

Proposed by Councillor Simon Holbrook

Seconded by Councillor Dave Mitchell

After paragraph (3) add:

(4)  Welcomes moves to have innocent people’s DNA removed from the police database.

Re number existing paragraph (4) as (5) and add “and welcomes the forthcoming Freedom Bill to roll back a generation of illiberal and intrusive legislation.”

The amendment was put and carried (38:23:1)

Amendment submitted in accordance with Standing Order 7(2)

Proposed by Councillor George Davies

Seconded by Councillor Denise Realey

Delete all after “Council” and insert:

“condemns the decision of the coalition government to scrap ContactPoint, the national children’s database, which was established following the recommendations of Lord Laming into the death of Victoria Climbie. This database would have improved the exchange of information between different agencies working with vulnerable children and was backed by The Royal College of GPs, The Royal College of Paediatrics and Child Health and the NSPCC.

Council believes that this unthinking decision is an example of the ideological way in which individual rights have been set above the best interests of the victims the recommendations would have protected.

Council notes that calls to scrap large numbers of CCTV cameras and to get rid of ASBOS, which are both key weapons in the fight against the anti-social behaviour which torments many neighbourhoods, is another case in point where the many victims are being sacrificed to the rights of one individual to make their life a misery without being caught on camera, or given an ASBO preventing him, or her, from entering the area they have terrorised.

Council condemns decisions taken in isolation by a Cabinet of Liberal Democrats and Tory millionaires which will lessen its ability to deal with anti-social behaviour, particularly at a time when savage cuts in public spending will dramatically reduce the number of police or community support officers available to deal with this kind of nuisance crime which can make life hell for those who live with it and who, unlike government Cabinet members, do not have the money to escape it.”

The amendment was put and lost (23:38:1)

The motion, as now amended, was put and carried ( 38:23:1)

Resolved ( 38:23:1)  - That Council:

(1)  Believes that the British state has become too authoritarian, and that over the past decade it has abused and eroded fundamental human  ...  view the full minutes text for item 49.

Proposed by Councillor Steve Foulkes

Seconded by Councillor Brian Kenny

(1)  Council is concerned that the Liberal Democrats have been reduced to using the Council’s Friday mail run in a vain and hopeless attempt to persuade fellow councillors from the Labour Group to join them on death row, as they face total extinction in the May elections.

(2)  Council recognises the Liberal Democrat desperation as their party continues to haemorrhage members nationally, disillusioned by the growing number of broken promises the Coalition has forced upon them.

(3)  It also recognises their fear locally as the Conservatives shed crocodile tears while targeting Lib Dem seats in West Wirral in anticipation of Labour gains at Liberal Democrat expense elsewhere.

(4)  Council even recognises the uncertainty they must feel as the leader who promised them safety in a coalition with the Tories faces losing his seat himself.

(5)  However, despite all these pressures, Council would still appreciate the courtesy of a postage stamp on Political mail rather than having it delivered at the Council Tax payers’ expense.

The motion was put and lost (23:38)

Proposed by Councillor Simon Mountney

Seconded by Councillor Sue Taylor

That Council:

welcomes requests for information and believes the Freedom of Information Act has helped to open up public bodies.

However, Council believes that a request for information under the Act should be a last resort and that, in the first instance, more information should be made available to all residents by the Council. 

Council therefore,

(1)  Welcomes the decision to publish details of supplier payments of £500 or more each month and notes that almost 200 enquiries from staff, residents and press have been received.

(2)  Thanks the independent organisation 'Openly Local' for their advice on making this information more accessible and user-friendly.

Council requests Cabinet consider further steps to open up Wirral Council to the public.

Amendment submitted in accordance with Standing Order 7(2)

Proposed by Councillor Anne McArdle

Seconded by Councillor Jean Stapleton

Insert at the end of paragraph 1.

“However, Council is concerned that as no additional resource has been identified to cover the requirement to publish details of supplier payments of £500 or more each month and to respond to queries from the public, the media, the press and Councillors, this work has been split between a Procurement Manager and an Administrative Officer and they have taken on this role in addition to their existing duties and that the consequences of this are that other elements of work, such as consolidating and letting contracts, are being delayed.

Council therefore believes the cost involved in delivering this policy in this way at a time of financial difficulty should have been thought through in more detail before any final decision to go ahead was taken.

Council also notes that the publication of the list gives a clear indication of the number of private sector companies in regular dealings with the Council who will clearly suffer as public spending is cut back.”

The amendment was put and lost (23:38:1)

The motion was put and carried (38:23:1)

Resolved (38:23:1) –That Council:

welcomes requests for information and believes the Freedom of Information Act has helped to open up public bodies.

However, Council believes that a request for information under the Act should be a last resort and that, in the first instance, more information should be made available to all residents by the Council. 

Council therefore,

(1) Welcomes the decision to publish details of supplier payments of £500 or more each month and notes that almost 200 enquiries from staff, residents and press have been received.

(2) Thanks the independent organisation 'Openly Local' for their advice on making this information more accessible and user-friendly.

Council requests Cabinet consider further steps to open up Wirral Council to the public.

Proposed by Councillor Chris Meaden

Seconded by Councillor Phil Davies

(1)  Council condemns the introduction by the Conservative/Liberal Democrat Coalition Government of Free Schools, without any consideration for the impact these will have on existing schools and educational standards for all children.

(2)  Council notes that there has been no consideration of:

·  The impact of creating an additional new school or schools at a time when other schools are being closed down because of falling pupil numbers and the cost of maintaining surplus places.

·  The potential for increasing social divisiveness and unfairness in the system as Free Schools choose the pupils they want without any Local Authority control on how pupils are chosen or admitted.

·  The danger that appropriate provisions made for children with special needs may be put at risk.

·  The impact on already complex school admissions and exclusions policies.

·  The possibility of lower educational standards as several Free Schools already established have confirmed they will not limit their appointments to qualified teachers.

·  The possibility of driving all educational standards down as money is distributed more thinly to remaining schools.

(3)  Council believes that the creation of Free Schools is a badly thought out, politically motivated decision which can only waste scarce resources and flies in the face of the real need, which is to provide good local schools, accessible to all.

Amendment submitted in accordance with Standing Order 7(2)

Proposed by Councillor Sheila Clarke

Seconded by Councillor Paul Hayes

Replace all after “(1) Council condemns the” with

“failure by the previous Government to close the inequality gap between children’s achievement in the most deprived and most prosperous communities and believes that the Coalition Government is right to seek to give all children the opportunities to achieve their full potential.

Council believes that most students in Wirral, and their parents and carers, are satisfied with the performance of their chosen schools but welcomes the option of free schools for those parents who are not.

Council welcomes the pledge by the Coalition Government to narrow the gap by the introduction of a Pupil Premium for those children from deprived backgrounds, who Council believes have the right to as good a standard of education as any other.

Agrees with Labour’s most successful-ever Leader, Tony Blair, that to deny parental choice is ‘a gross, unbelievable social injustice”.

The amendment was put and lost (24:37:1)

The motion was put and carried (37:24:1)

Resolved (37:24:1) – That

(1) Council condemns the introduction by the Conservative/Liberal Democrat Coalition Government of Free Schools, without any consideration for the impact these will have on existing schools and educational standards for all children.

(2)  Council notes that there has been no consideration of:

·  The impact of creating an additional new school or schools at a time when other schools are being closed down because of falling pupil numbers and the cost of maintaining surplus places.

·  The potential for increasing social divisiveness and unfairness in the system as Free Schools choose the pupils they want without any Local Authority  ...  view the full minutes text for item 52.

Proposed by Councillor Gerry Ellis

Seconded by Councillor Karen Hayes

That Council:

(1)  Believes that local people know what is best for their communities and regrets the loss of local decision making under previous governments through the growth of unelected QUANGOs, ringfencing of budgets and national targets and performance indicators.

(2)  Welcomes the Coalition Government’s pledge to abolish many of the 1,100 QUANGOs and for their powers to be returned to national and local government and full democratic oversight.

(3)  Supports the decision to remove much of the ringfencing of central government grants to local authorities and the enablement of greater local discretion in spending.

Amendment submitted in accordance with Standing Order 7(2)

Proposed by Councillor Denise Roberts

Seconded by Councillor Anne McLachlan

Delete all after “Believes that local people know what is best for their communities” and insert:

“And would be concerned to lose the current watchdogs, such as the Audit Commission, who protect them against misuse of public funds or failures to maintain the standards of services they deserve.

Council recognises that, while some Quangos may clearly have had their day, there are others which perform a vital role in our society, which will cost more to replace than maintain, and which act as an independent voice for the people which, if silenced, will allow the government of the day to ride roughshod without challenge over the people they say they represent.

Council believes that the freedom conveyed at this point by the removal of ring fencing and greater discretion in local spending, is simply a smoke screen to disguise the full extent of cuts in local authority funding and their impact on services, and is designed to shift blame away from national government to local government.

Council further believes that the use of extensive consultation, and the approaching further devolution of budgets from local government to smaller neighbourhoods, at a time of increasing austerity, is cynically designed to put the blame for cuts on local residents themselves, who once more are being asked to choose between being hung, shot or guillotined.”

The amendment was put and lost (23:38:1)

The motion was put and carried (38:23:1)

Resolved (38:23:1) - That Council:

(1)  Believes that local people know what is best for their communities and regrets the loss of local decision making under previous governments through the growth of unelected QUANGOs, ringfencing of budgets and national targets and performance indicators.

(2)  Welcomes the Coalition Government’s pledge to abolish many of the 1,100 QUANGOs and for their powers to be returned to national and local government and full democratic oversight.

(3)  Supports the decision to remove much of the ringfencing of central government grants to local authorities and the enablement of greater local discretion in spending.

Proposed by Councillor Jean Stapleton

Seconded by Councillor Ann McLachlan

(1)  This Council expresses its deep concern about the “reality gap” opening up between the propaganda surrounding announcements of Government policy and the reality in practice.

(2)  Council notes that the Cabinet Member for Work and Pensions, Ian Duncan Smith, has set out his plans at the Tory conference to change the Welfare Benefit system in favour of moving people off benefits into work, thereby reducing the numbers of people in poverty, and cutting the Welfare Benefits bill.

(3)  However, Council notes:

·  The Coalition Government says they want more people in work, yet their own figures show that their plans to cut the deficit will throw 100,000 more people out of work every year than Labour plans.

·  They cancelled the two year Job Seekers guarantee which was aimed at giving jobseekers a guaranteed offer of a job, internship, volunteering placement or work experience if they were out of work for two years or more.

·  They axed the Future Jobs Fund and slashed the Working Neighbourhood Fund, which are designed precisely to improve the number of jobs available and in particular to give opportunities to young people.

·  On Wirral, without any consultation, £1.6m was axed from the Working Neighbourhood Fund which could have paid for more apprentices, helping Wirral residents into work.

·  Four million in total was slashed from the Area Based Grant, without any consultation, affecting schools, children’s services, Wirral jobs and other services.

·  The Council is one of the largest employers on Wirral, yet Government plans to slash local government funding in the forthcoming Comprehensive Spending Review, leading to dramatic cuts in services, could see thousands of jobs going on Wirral alone.

·  Increasing VAT to 20% will penalise the poor most and the Institute for Fiscal Studies has pointed out that the Coalition’s budget was a regressive one, hitting the poor hardest.

·  Introducing a cap on Housing Benefit, which is extensively used by those in work on low incomes, will lead to intensive overcrowding in unsuitable accommodation or to families being evicted and made homeless as the increase in top up fees makes their homes unaffordable.

(4)  Council believes that this is not the record of a Government set on improving work opportunities and cutting poverty. Rather it is the record of a Government which, once again, will penalise the poor in order to help the rich.

Amendment submitted in accordance with Standing Order 7(2)

Proposed by Councillor John Hale

Seconded by Councillor James Keeley

Delete all after “Council” in paragraph 1 and insert:

(1)  This Council welcomes the support of the World Bank, the International Monetary Fund, the European Union, and the vast majority of economists and financial analysts for the Coalition plans for debt reduction.

(2)  Council notes that the Cabinet Member for Work and Pensions, Ian Duncan Smith, has set out his plans at the Conservative conference to change the Welfare Benefit system in favour of moving people off benefits into work, thereby reducing the numbers  ...  view the full minutes text for item 54.

Proposed by Councillor Andrew Hodson

Seconded by Councillor Don McCubbin

That Council:

(1)  Supports the bid for a Local Enterprise Partnership for Merseyside that will enable greater focus on the needs of Wirral, partner local authorities and employers and thanks those officers involved in the bid.

(2)  Believes private-sector led investment will help to rebalance Wirral's economy and is keen to attract new jobs to the Borough, particularly 'green' jobs and those which offer opportunities for additional apprenticeships. 

Council, therefore, welcomes:

·  continuing progress of the redevelopment of New Brighton

·  investment in The Contact Company to create 244 jobs in Birkenhead

·  meetings between the Leader of the Council and potential Chinese investors

Amendment submitted in accordance with Standing Order7 (2)

Proposed by Councillor Stuart Kelly

Seconded by Councillor Simon Holbrook

Before ”Council therefore welcomes” insert:

(3)  Instructs officers to continue work to attract sources of funding, such as the Regional Growth Fund, to enable Wirral and the wider City Region to make the transition away from an economy with significant dependence on public sector employment and to assist in creating the conditions for growth and enterprise within the private sector to increase the number of private sector sustainable jobs.

The amendment was accepted as a friendly amendment by the movers of the motion.

Amendment submitted in accordance with Standing Order7 (2)

Proposed by Councillor Jean Stapleton

Seconded by Councillor Phil Davies

Delete all after paragraph 1 and replace with –

“Expresses it’s fear that any private sector led investment will be totally inadequate to re-balance Wirral’s economy in the light of swingeing public sector cuts which will not only destroy thousands of jobs on Wirral, but will also put many private sector companies at risk who depend on the public sector for a large proportion of their work, increasing even further the level of job losses across Wirral.

Council welcomes any new jobs in the borough, particularly those which offer opportunities for additional apprenticeships but believes this welcome could be deemed hypocritical because the Cabinet is failing to practice what it preaches and has already slashed £1.6m from the Working Neighbourhood Fund in the Council’s own budget this year which is used to pay for apprenticeships.

Council also recognises that the latest creation of apprenticeships in the Home Insulation programme put forward by the previous Labour/Liberal Democrat administration, and celebrated now in press releases by the current Conservative Liberal Democrat administration is a prime example of a programme instigated by the public sector, leading to close co-operation with the private sector, which required an injection of funds from the public sector which will no longer be available for new programmes as public spending cuts start to bite, so leading to lost future job opportunities for Wirral residents.

However Council welcomes:

·  continuing progress of the redevelopment of New Brighton

·  investment in The Contact Company to create 244 jobs in Birkenhead

·  meetings between the Leader of the Council and potential Chinese investors

Council also welcomes the dramatic conversion of the Leader of the  ...  view the full minutes text for item 55.

Proposed by Councillor Harry Smith

Seconded by Councillor George Davies

(1)  Council expresses its concern that funding for insulation programmes in HMRI areas could be under threat after 2011, as outlined in the report to Sustainable Communities Overview and Scrutiny Committee on carbon reduction.

(2)  Council recognises that the HMRI initiative, and many other valuable programmes, will be subject to decisions made in the Comprehensive Spending Review in October which could see Departmental budget cuts of 25% or more.

(3)  Council would urge the Government to continue with Pathfinder, or a similar scheme, which has already produced major housing benefits for deprived communities in Rock Ferry, Tranmere, Birkenhead, Seacombe and Liscard.

(4)  Council recognises that, while progress has been made, there is substantial work still to be done to achieve the original HMRI goals which will require secure funding in the future.

(5)  Council welcomes the start of its own insulation programme for private sector homes outside HMRI areas and points out the real benefits already identified of the existing insulation programme in HMRI areas in terms of reducing fuel poverty, reducing Wirral’s Carbon footprint by increasing energy efficiency and improving private sector housing stock.

(6)  Council believes that any removal of funding for this programme in HMRI areas would be very short sighted and would have serious consequences in Wirral’s most deprived areas.

Amendment submitted in accordance with Standing Order 7(2):

Proposed by Councillor Gill Gardiner

Seconded by Councillor Stuart Kelly

Add:

(7)  Council welcomes the recent announcement from the Secretary of State for Energy and Climate Change, Chris Huhne, of a “Green Deal” to create almost 250,000 jobs in green industries and modernise £26m homes to make them energy efficient, boosting the economy as well as helping households to reduce their energy bills and their carbon footprint and taking more households out of fuel poverty.

The amendment was accepted as a friendly amendment by the movers of the motion.

The motion, as now amended, was put to the vote and carried unanimously.

Resolved (unanimously) – That

(1)  Council expresses its concern that funding for insulation programmes in HMRI areas could be under threat after 2011, as outlined in the report to Sustainable Communities Overview and Scrutiny Committee on carbon reduction.

(2)  Council recognises that the HMRI initiative, and many other valuable programmes, will be subject to decisions made in the Comprehensive Spending Review in October which could see Departmental budget cuts of 25% or more.

(3)  Council would urge the Government to continue with Pathfinder, or a similar scheme, which has already produced major housing benefits for deprived communities in Rock Ferry, Tranmere, Birkenhead, Seacombe and Liscard.

(4)  Council recognises that, while progress has been made, there is substantial work still to be done to achieve the original HMRI goals which will require secure funding in the future.

(5)  Council welcomes the start of its own insulation programme for private sector homes outside HMRI areas and points out the real benefits already identified of the existing  ...  view the full minutes text for item 56.

To receive nominations, in accordance with Standing Order 25(5), in respect of any proposed changes in the membership of the Cabinet and committees, and to approve nominations for appointments to outside organisations.

(Schedule to be circulated).

The Council was requested to deal with the following appointments:

Children’s Services and Lifelong Learning

Connexions (Greater Merseyside ) Ltd

Mr J Wilkie (Interim Chief Executive) or nominee

Wirral Metropolitan College Governing Body

Councillor S L Clarke

Mr J Wilkie (Interim Chief Executive)

Finance and Best Value

(i) Strategic Partnership Assembly

Group Leaders: (Councillors J Green, S Foulkes, S Holbrook (or nominees)

and Mr J Wilkie (Interim Chief Executive)

(ii) Local Strategic Partnership Executive Board

Group Leaders: (Councillors J Green, S Foulkes, S Holbrook (or nominees)

Mr J  Wilkie (Interim Chief Executive)

Housing and Community Safety

Wirral Partnership Homes Community Funding Working Group

Councillor C Blakeley (Cabinet Member)

Mr K Adderley (Interim Head of Corporate Services)

Mr B Norman (Director of Law, HR and Asset Management)

Beechwood and Ballantyne Housing Association

Councillor S Whittingham to replace Councillor C Meaden

Regeneration and Planning Strategy

Wirral Investment Network

Mr K Adderley (Interim Head of Corporate Services)

Wirral Citizens’ Advice Bureau

Councillor D Elderton

Councillor W Smith

Councillor S Niblock

Mr K Adderley (Interim Head of Corporate Services) (or nominee)

Social Care and Inclusion

Cheshire and Wirral NHS Partnership Trust: Appointed Governor

Councillor P Gilchrist to replace Councillor R Moon

Wirral Hospital Trust

Councillor I Williams to replace Councillor C Meaden

Resolved – That the appointments be approved.