Agenda and minutes

Venue: Council Chamber, Wallasey Town Hall. View directions

Items
No. Item

Prior to the first item of business, the Mayor’s chaplain, Revd Beth Glover, led the Council in prayers.

11.

DECLARATIONS OF INTEREST

Members of the Council are asked to consider whether they have any disclosable pecuniary interests and/or any other relevant 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.

Minutes:

The Members of the Council were invited to consider whether they had any disclosable pecuniary and/or any other relevant interest in connection with any matters to be determined at this meeting and, if so, to declare it and state the nature of such interest.

 

Councillors R Abbey, A Leech and J Salter declared a non - pecuniary interest in Item 6 – Leaders’, Executive Members’ and Chairs’ Reports, (see minute 16 post) Item 7A – Matters Requiring Approval by the Council (see minute 17 post) and Motion 3 (Comprehensive Spending Review Announcement – 27 June 2013) (see minute 23 post) by virtue of their appointment to the Leasowe Community Homes Management Board.

 

Councillors S Foulkes, J Green, K Hodson, D Roberts and S Whittingham declared a non - pecuniary interest in Item 6 – Leaders’, Executive Members’ and Chairs’ Reports, (see minute 16 post) Item 7A – Matters Requiring Approval by the Council (see minute 17 post) and Motion 3 (Comprehensive Spending Review Announcement – 27 June 2013) (see minute 23 post) by virtue of their appointment to the Magenta Living Management Board.

 

Councillors S Niblock, L Rennie, D Roberts and J Stapleton declared a non - pecuniary interest in Motion 4 (Cuts to Merseyside Fire and Rescue Service) (see minute  21 post) by virtue of their appointment to the Merseyside Fire and Rescue Authority.

12.

MAYOR'S ANNOUNCEMENTS

To receive the Mayor's announcements and any apologies for absence.

Minutes:

Apologies for absence were received from Councillors Darren Dodd, Pat Hackett, John Hale, Paul Hayes and Cherry Povall.

 

The Mayor thanked all members of staff who had assisted on the Armed Forces Day on 29 June, 2013.

 

He referred to his visit to Greasby Infants School which had won a Confucius Classroom award for its teaching of Mandarin Chinese and the culture of China.

 

The Mayor also thanked Councillor John Salter for all his work with the Pakistani delegation which had placed orders with McTay Marine, Bromborough, to supply high speed patrol boats to the Pakistan coastguard.

13.

PETITIONS

To receive petitions submitted in accordance with Standing Order 21.

Minutes:

In accordance with Standing Order 21, the Mayor received petitions submitted by –

 

(i)  Councillor Walter Smith on behalf of 28 signatories objecting to proposed improvement measures to assist pedestrians, cyclists and equestrians at Levers Causeway, Bebington.

(ii)  Councillor Denise Realey on behalf of 20 signatories over the decision to place a restriction on a road off Woodchurch Road, making it, ‘Except for Access’

(iii)  Councillor Anita Leech on behalf of 34 signatories opposed to the bedroom tax

(iv)  Councillor Eddie Boult on behalf of 105 signatories in Hoylake requesting residents only parking

(v)  Councillor Steve Williams on behalf of 82 signatories objecting to the Wirral brown bin garden waste tax

(vi)  Councillor Leah Fraser on behalf of 78 signatories objecting to the Wirral brown bin garden waste tax

(vii)  Councillor Ian Lewis on behalf of 51 signatories objecting to the Wirral brown bin garden waste tax

(viii)  Councillor Wendy Clements on behalf of 100 signatories objecting to the Wirral brown bin garden waste tax

(ix)  Councillor Simon Mountney on behalf of 82 signatories objecting to the Wirral brown bin garden waste tax

(x)  Councillor Chris Blakeley on behalf of 102 signatories objecting to the Wirral brown bin garden waste tax

(xi)  Councillor Lesley Rennie on behalf of 60 signatories objecting to the Wirral brown bin garden waste tax

 

Resolved – That the petitions be noted and referred to the appropriate Chief Officer in accordance with Standing Order 34.

14.

PUBLIC QUESTIONS

To deal with questions from members of the public, in accordance with Appendix 1 to Standing Orders.

Minutes:

1.  Mr N Hobro, having given the appropriate notice in accordance with Standing Order 10, asked a question to the Leader of the Council on the publication of the Business Investment Grant (BIG) report of Grant Thornton.

 

The Leader of the Council responded accordingly.

 

In accordance with Standing Order 10, Mr Hobro asked a supplementary question and the Leader of the Council responded accordingly.

 

The Chief Executive informed the Council that there would be no objection to the summary report of Grant Thornton being circulated but it would not be appropriate at this time to publish the full report as it had been referred to the Police. Once the full report had been cleared then it could be published. (The summary report is appended to these minutes).

 

2.  Mr M Morton, having given the appropriate notice in accordance with Standing Order 10, asked a question to the Leader of the Council regarding the payment of severance payments in excess of £100,000.

 

In accordance with Standing Order 10, Mr Morton asked a supplementary question and the Leader of the Council responded accordingly.

15.

MINUTES pdf icon PDF 300 KB

To approve the accuracy of the minutes of the meeting of the Annual Council held on 13 May and reconvened on 20 May, 2013.

Minutes:

The minutes of the meeting of the Annual Council held on 13 May and reconvened on 20 May, 2013 had been circulated to Members and, it was –

 

Resolved – That the minutes be approved and adopted as a correct record.

16.

LEADER'S, EXECUTIVE MEMBERS' AND CHAIRS' REPORTS pdf icon PDF 56 KB

To receive the written reports of the Leader and Cabinet Members and receive questions and answers on any of those reports in accordance with Standing Orders 10(2)(a) and 11.

 

(There is no report from the Chair of the Policy and Performance Coordinating Committee as not all the Policy and Performance Committees have met).

Additional documents:

Minutes:

The Leader of the Council introduced the Cabinet Portfolio summary reports of all the Cabinet Members.

 

Councillor Blakeley requested an adjournment for 15 minutes to enable members to digest the additional document which had been circulated from the Cabinet Member for Health and Wellbeing and also the statement of the Chief Executive in relation to item 11 on the agenda, ‘Notices of Motion’.

 

With the agreement of the Council the Mayor then adjourned the meeting at 6.45pm.

 

The meeting resumed at 7.00pm.

 

 

The Mayor then requested questions to the Leader on his summary report. The Leader responded to questions from Councillors Stapleton, Roberts, Gilchrist and Harney and made a number of comments, including:

 

·  He agreed that it was very reassuring to hear the comments of the Corporate Peer Challenge Team, which was made up of Members of the three main political parties and vindicated the focus of putting the Council on a sustainable financial footing and addressing issues of corporate governance.

·  Acknowledgement had also been made at the LGA Conference with Wirral seen as leading the way on the whole sector led improvement model and he paid tribute to the tremendous effort officers led by the Chief Executive.

·  He was pleased with the announcement made at the LGA Annual Conference that Wirral was one of only nine councils in the country to pilot the, ‘Whole Place Community Budget’ scheme.

·  The proposed Combined Authority would focus on economic development, regeneration and transport; it was not a proposal to recreate the former Merseyside County Council under another name. The aim was for it to be in place by April 2014 and an extraordinary Council meeting would need to be held in September to progress the proposal.

·  He had, together with the Mayor of Liverpool, attended a meeting in Brussels with Commissioner Johannes Hahn on changes in structural funding which would mean a cut of 60% in the funding allocation for Merseyside. This cut was indefensible given the importance of European across the Merseyside area.

·  He acknowledged the lateness of the advice from the Chief Executive in respect of the Notice of Motion on whistle-blowing but Mr Burgess had been taking legal advice up to the last minute and it was only right that the Council had had an adjournment to digest the written advice received.

 

Resolved – That the report of Councillor Phil Davies be noted.

 

Questions were then invited for Councillor Chris Jones on her report and her response to a question from Councillor McLaughlin included the following comments:

 

·  There were approximately 40,000 carers on Wirral, 12.5% of the population, of which 1,500 had been identified as young carers, some of whom were as young as 4 years of age. The ‘Caring for our Carers’ strategy, currently out for consultation, would improve ways in identifying carers and improving links with education and training and forging better working relationships with GPs and professionals.

 

Resolved – That the report of Councillor Chris Jones be noted.

 

Questions were then invited for Councillor Adrian Jones  ...  view the full minutes text for item 16.

17.

MATTERS REQUIRING APPROVAL BY THE COUNCIL pdf icon PDF 39 KB

To consider any recommendations of the Leader, Cabinet, Cabinet Member and Committees which require the approval of the Council. The relevant minutes are attached; copies of the related reports can be provided for Council members on request.

 

A.  Cabinet – 13 June, 2013

 

Minute 7

Policy on Discharge of Statutory Homelessness Duty into the Private Rented Sector

 

B.  Cabinet Member – Economy (Decision published on 18 June, 2013)

 

Local Development Framework - Joint Waste Local Plan for Merseyside and Halton

 

C.  Any matter which might be referred to Council by Cabinet at its meeting on 11 July, 2013, including –

 

Corporate Plan Performance Management Report

(Report attached)

 

D.  To consider a recommendation from the Leader of the Council (made under his strong Leader powers) on the following matter:

 

Appointment of the Council’s Section 151 Officer

(Leader’s recommendation and report attached)

Additional documents:

Minutes:

In accordance with Standing Order 5(2), a number of matters were submitted for approval by the Council.

 

One matter from the meeting of the Cabinet held on 11 July 2013 (minute 26 – Corporate Plan Performance Management Report) was submitted for approval but was the subject of an amendment.

 

On a motion by Councillor Phil Davies and seconded by Councillor Ann McLachlan, it was –

 

Resolved –

 

(1)  That the following matters be approved:

 

(i)  Minute 7 (Cabinet – 13 June 2013)

  Policy on Discharge of Statutory Homelessness Duty into the Private Rented Sector

 

(ii)  Cabinet Member – Economy (Decision published on 18 June, 2013)

  Local Development Framework – Joint Waste Local Plan for Merseyside and Halton

 

(iii)  Recommendation from the Leader of the Council (Decision published on 5 July, 2013)

Appointment of the Council’s Section 151 Officer

 

In respect of Cabinet minute 26 (11 July 2013) - Corporate Plan Performance Management Report, it was moved by Councillor Phil Davies and seconded by Councillor Ann McLachlan that the minute be approved.

 

It was moved as an amendment by Councillor Andrew Hodson and seconded by Councillor Fraser, that –

 

“Council notes that at the meeting of the Policy and Performance Co-ordinating Committee on 3 July 2013 Members criticised the layout, readability and design of the Corporate Plan Performance Report. At this meeting it was agreed that Officers would revisit the report, make the necessary improvements and present a revised report to the next meeting of the Policy and Performance Co-ordinating Committee. Council will therefore wait for the production of this improved report before considering it for approval.”

 

After Councillor Andrew Hodson had spoken to his amendment and one other speaker had addressed the Council, the motion and amendment were formally seconded and the Leader of the Council waived his right of reply, the matter was put to the vote.

 

The amendment was put and lost (18:41) (One abstention)

 

The minute was put and carried (41:18) (One abstention)

 

Resolved (41:18) (One abstention) –

 

That, minute 26 (Cabinet 11 July 2013) - Corporate Plan Performance Management Report, be approved.

18.

MATTERS FOR NOTING pdf icon PDF 43 KB

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

 

Cabinet – 13 June 2013

Minute 17 – Financial Monitoring 2013/14

Minutes:

On a motion by Councillor Phil Davies, seconded by Councillor McLachlan, it was –

 

Resolved – That minute 7 (Cabinet – 13 June 2013) - Financial Monitoring 2013/14, be noted.

19.

MEMBERS' QUESTIONS

To consider Members’ general questions to the Mayor, Cabinet Member or Committee Chair in accordance with Standing Orders 10 (2)(b) and 11.

Minutes:

In accordance with Standing Orders 10(2)(b) and 11, notice had been given of three questions from the following:

 

1.  Councillor Phil Gilchrist to the Cabinet Member for Highways and Transportation, in respect of the condition of the Council’s road network.

 

Councillor Harry Smith responded accordingly and stated that he would circulate his response to all councillors.

 

2.  Councillor Geoffrey Watt to the Cabinet Member for Highways and Transportation, in respect of the usage and revenue derived from, the two Council-owned car parks in West Kirby (Concourse and Dee Lane).

 

Councillor Harry Smith responded accordingly.

 

3.  Councillor Stuart Kelly to the Leader of the Council, in respect of the time taken to pay invoices to small and medium enterprise businesses.

 

Councillor Phil Davies responded accordingly and stated that he would circulate a response to all councillors.

20.

MATTERS REFERRED FROM POLICY AND PERFORMANCE COMMITTEES

To consider and determine any references from the Policy and Performance Committees.

Minutes:

No referrals had been made from those Policy and Performance Committees which had so far met.

21.

NOTICES OF MOTION pdf icon PDF 68 KB

Notices of motion submitted in accordance with Standing Order 7(1), are attached. They are listed in the order received, and the full text of each motion is attached. The Mayor, having considered each motion, in accordance with Standing Order 7(4) has decided that they will be dealt with as follows:

 

(i)  Whistle-blowing (To be debated)

(ii)  Local Investment in Rail - High Speed2 & Borderlands Railway (Mayor to refer to the Leader of the Council)

(iii)  Comprehensive Spending Review Announcement – 27th June 2013 (To be debated)

(iv)  Cuts to Merseyside Fire And Rescue Service (Mayor to refer to  the Regeneration and Environment Policy and Performance Committee)

Minutes:

Notices of motion submitted in accordance with Standing Order 7(1), were reported to the Council. The Mayor, having considered each motion, in accordance with Standing Order 7(4) had decided that the Motions would be dealt with as follows:

 

(i) Whistle-blowing - to be debated

(ii) Local Investment in Rail - High Speed2 & Borderlands Railway – referred to the Leader of the Council

(iii) Comprehensive Spending Review Announcement – 27th June 2013 - to be debated

(iv) Cuts to Merseyside Fire and Rescue Service - referred to the Regeneration and Environment Policy and Performance Committee

 

Resolved – That the following Notices of Motions be referred as follows:

 

(1)  Local Investment in Rail - High Speed2 & Borderlands Railway – referred to the Leader of the Council.

 

(2)  Cuts to Merseyside Fire and Rescue Service - referred to the Regeneration and Environment Policy and Performance Committee.

22.

MOTION - WHISTLE-BLOWING

Minutes:

Prior to the motion on Whistle-blowing being debated, the Chief Executive made a statement to the Council and referred to his advice which had been circulated to all Councillors advising caution when it came to discussing individual cases. The advice was as follows:

 

“I would like to firstly advise a note of caution to all Elected Members when it comes to discussing individual cases. The Council in this instance has been requested to deal directly with Mr Morton’s solicitor to seek a resolution to the outstanding issues. We are keen to reach a resolution at the earliest opportunity and have corresponded with Mr Morton’s Solicitor to that effect. 

 

I must also draw Council’s attention to the recent judgement by Mr Justice Hughes in the first-tier tribunal between the Appellant and the Information Commissioner. Judge Hughes upheld the Information Commissioner’s decision to uphold this Council’s refusal of personal information relating to the Officers alluded to in this question. This followed his appraisal of the AKA report and all relevant information provided.

 

In particular it is important that Members note the following conclusions:

 

The information which the complainant has asked for is detailed information on personnel matters relating to the individuals concerned. This goes much further than a request to detail of any severance payments made to the individuals. It is also about the terms under which they left the authority. The public interest in knowing whether appropriate policies and procedures were followed or whether the council acted inappropriately in terms of the events outlined in the report has been served by the disclosure of the report.

 

The individuals identified within the report had not been convicted of any crime. Public accountability for failing is within the Council's practices and rests with the Council as a whole rather than with individual officers.

 

He concluded by finding that while there was a legitimate public interest in understanding how the Council had reacted to the report; this information would not help with that process and a balance had to be struck with respect to the rights of the individuals concerned. He found that:

 

Any pressing social need for greater transparency on the Council's reaction to the report would not be met by a disclosure of this information. He therefore considers that it would be unfair (and given the implied confidentiality of the employer/employee information, unlawful) for the purposes of the first data protection principle for that information to be disclosed.

 

In the light of the above judgement we do not consider that it would be lawful or practical to allow a further investigation into the circumstances surrounding the departure of the two Officers in question.”

 

The Chief Executive also reported to the Council that that afternoon a first claim had been received at 2.50pm from Mr Morton’s solicitors which would now allow the Council to proceed to reach a settlement with Mr Morton.

 

It was then –

 

Proposed by Councillor Green

Seconded by Councillor Rennie

 

(1)  Council notes that on the 19 June  ...  view the full minutes text for item 22.

23.

MOTION - COMPREHENSIVE SPENDING REVIEW ANNOUNCEMENT - 27TH JUNE 2013

Minutes:

Proposed by Councillor Phil Davies

Seconded by Councillor Ann McLachlan

 

(1)  Council notes that the Government's efforts to deal with the deficit so far have focussed on cutting public spending. Since 2010, 1,500 fire fighters have lost their jobs; over 300 libraries and 400 Sure Start centres have closed; police numbers have been reduced by over 6,000 and there are 5,000 fewer nurses. The rise in people relying on food banks is a clear sign that many are facing high levels of economic and social distress. 

 

(2)  There is a strong case that local authorities should be encouraged to invest in growth. Local government is demonstrating its ability to drive growth by providing infrastructure investment and supporting local businesses. Allowing local government to borrow in line with prudential rules will enable us to invest in building houses and create desperately needed jobs.

 

(3)  Councils have been handed some of the deepest cuts in the public sector. Local authorities have seen their budgets cut by 33% in comparison to 8% across Whitehall departments.

 

(4)  The additional 10 per cent reduction announced by the Chancellor in the Comprehensive Spending Review on the 27th June confirms local government as the hardest hit part of the public sector and, according to Cllr Sir Merrick Cockell, Chairman of the Local Government Association, will ‘stretch essential services such as culture and leisure facilities, school support, road maintenance and growth to breaking point in many areas’.

 

(5)  This additional cut will equate to Wirral Council having to make savings of between £13.5m and £24m during the period 2015 to 2018. This is on top of the £109m savings the Council has to make between 2012 and 2015.

 

(6)  At a time of increased unemployment, Council believes that the nation's safety net has been seriously compromised. The bedroom tax, council tax benefit reductions and other cuts will mean that many people will struggle to keep their heads above water.

 

(7)  Council believes that the government should be supporting those who are being hit hardest by the economic downturn. Scrapping the bedroom tax and looking again at the costs to families of all the benefit changes should be a priority before giving tax cuts to the richest people in the country.

 

An amendment which had been circulated in advance of the meeting was submitted in accordance with Standing Order 12(1) and (9), as follows:

 

Proposed by Councillor Phil Gilchrist

Seconded by Councillor Pat Williams

 

“Add at end of existing paragraph (1):

 

It should be noted that, in Wirral, no libraries or Children’s Centres have been closed and that in setting priorities, school budgets and the Health Service have been given a degree of protection.

 

Add at end of existing paragraph (5):

 

Council understands that the scale of the deficit, the level of public spending and the limited scope for major changes before 2016 have been accepted by not only the coalition Government but also the Shadow Chancellor. It is now accepted that 'iron discipline' and the scope for keeping  ...  view the full minutes text for item 23.

24.

VACANCIES

To receive nominations, in accordance with Standing Order 25(6), in respect of any proposed changes in the membership of committees, and to approve nominations for appointments to outside organisations.

Minutes:

The Mayor informed the Council that the Head of Legal and Member Services had not been notified of any changes to committee memberships or outside bodies.

Appendix - Grant Thornton Summary Report - BIG pdf icon PDF 1 MB