Agenda item

Motions on notice

To consider motions from councillors in accordance with Council procedure rule 38. 

 

A.   Motion to be proposed by Councillor David Bartholomew, seconded by Councillor Jane Murphy

 

Currently, two individual councillors not members of a recognised party can declare themselves to be a Political Group, with one being the Leader and the other Deputy Leader. This confers a number of advantages on these councillors, including the right to attend Political Group Leader meetings and receive Political Group Leader briefings. These councillors are thus put in a position of advantage over other councillors without a genuine mandate from a real political group.

 

This Council asks that the Leader of the Council writes to the Secretary of State requesting that the relevant legislation is amended to state that a Political Group should constitute a minimum of three councillors unless the two councillors are part of a nationally recognised party such as Conservative, Labour, Liberal Democrat or Green.

 

B.   Motion to be proposed by Councillor Jane Murphy, seconded by Councillor Ian White

 

Council notes that since early March the Covid-19 pandemic has had an unprecedented impact on our communities. Loved ones have lost their lives and many have been seriously ill; some are still fighting the virus as patients or as clinical staff.  

?? 

Council recognises the huge effort of our officers during the period. Adjusting to working remotely, volunteering to go beyond the day job to help support shielded people and those isolating, and working long hours to keep vital council services running.? Council also recognises that the Towns and Parishes and the community groups and their members and members of the public responded enthusiastically and rapidly to the challenges that we all faced and continue to face. 

? 

Council thanks our residents for their commitment and  support.?This includes the members of our councils and their staff, the First Responders, the organisers and members of the Good Neighbours’ Schemes and Street Volunteers and similar organisations, the people who volunteer or knit or sew and give their time and also those who ‘do nothing!’ We know that they do nothing because they tell us; how often, when thanked, have you heard people say ‘oh, it was nothing!’ And we must not forget those who, just by being there, to listen, or step in in an emergency, help to reduce the stress and worry.

? 

Council thanks everyone for the heroic part they have played, and will continue to play, helping residents in need of support through this dangerous and uncertain time.??  

 

C.   Motion to be proposed by Councillor Jane Murphy, seconded by Councillor Ian Snowdon

 

Council recognises that the COVID-19 pandemic has thrown both the national and local economy into a state of turmoil and crisis.  The impact on our local businesses and our local communities will only grow in the coming months and requires an immediate response.

 

This Council will urgently set up a new committee called the Local Economy Resilience Advisory Committee, to guide this council’s response to this crisis.  Following the model of the Climate Emergency Advisory Committee, this new committee will be advisory to the Cabinet and should be made up of 12 members in total based on political balance (the head of legal and democratic to make appointments to the committee seats and substitute positions in accordance with the wishes of the relevant group leader).  The term of reference for the new committee should be drawn up by the Acting Deputy Chief Executive – Place, in consultation with the Cabinet member for development and regeneration and group leaders.   It will operate alongside and have equal weight to the Climate Emergency Advisory Committee, to ensure this council works cross party and does everything it can to help local business, the high streets of our market towns and villages, and our communities survive this economic shock.

D.   Motion to be proposed by Councillor Ian White, seconded by Councillor Jane Murphy

Changes to the Council’s Constitution have been made by the Chief Executive Officer (CEO) under Section 78 of the Coronavirus Act 2020, as documented in the CEO’s Decision Notice of the 18 May 2020.

 

These include the removal of the automatic referral of planning applications to the Planning Committee where Parish or Town Councils views are at odds with officer recommendations. This is an unnecessary removal of transparency, an affront to the natural democratic process, is disproportionate and inappropriate.

Additionally, a requirement has been introduced that where a Ward Councillor refers an application to the Planning Committee it has to be subject to the agreement of two other Councillors, being the Chair and Vice-Chair of the Planning Committee. This effectively creates a ‘right of Veto’ over a fellow Councillor, thus establishing an arbitrary two-tier system of Councillors where one Councillor effectively holds power over another, with no mechanism for appeal. Again, this is undemocratic and inappropriate.

For these reasons, this Council instructs that the changes referred to should be rescinded immediately, thereby restoring democratic control.

 

 

 

 

 

  1. Motion to be proposed by Councillor Jane Murphy, seconded Caroline Newton

This Council recognises the excellent work of all local government staff across Oxfordshire during the COVID-19 crisis. Councils have worked together in difficult times, showing that organisational barriers to joint working can be overcome.

All Councils have gone the extra mile in delivering services to our residents that prioritise the most vulnerable. This has inevitably incurred additional costs – c. £90 million across all tiers.  All Councils acknowledge the additional Government funding to date, but we have a duty to respond to the national financial challenge ahead and to be open with residents.

All Councils across Oxfordshire are now considering how they can balance budgets and protect frontline services. No Councillor nor party wants to see drastic cuts to vital Council services. We, as a group of democratically elected leaders, should take the opportunity provided by the devolution white paper to ensure that we provide the best possible public services for our residents.

Further to the motion passed at the December 2019 Council meeting, and reflecting that much has changed since, that Council calls on the Leader to write to the Secretary of State requesting that we re-open and actively pursue consideration of a Unitary Authority for Oxfordshire and re-start a wide-ranging conversation with our local authority partners, residents and stakeholders to explore all options for a new future for Oxfordshire.  Our aims are clear: safeguard public services in the future, support a vibrant local democracy and ensure a strong economy.

F.    Motion proposed by Councillor Jo Robb, seconded by Councillor Andrea Powell.

 

Council notes the growing popularity of wild swimming, paddling, kayaking and paddle boarding in the River Thames and its tributaries and, more importantly, the intrinsic value of clean water and healthy, biodiverse rivers.

 

The UK’s water companies are permitted to release raw sewage into waterways in specific circumstances, under licence from the Environment Agency. Regulators rely on self-reporting on the part of the water companies and there is no way for river users to know in real time when these Controlled Sewage Overflows (CSOs) happen. 

 

Hundreds of beaches around the UK have Bathing Quality Water status – this ensures the Environment Agency monitors and reports on water quality throughout the bathing season.

 

Only a handful of inland lakes in the UK – and no rivers – have Bathing Quality Water status. 

 

Recognising the intrinsic importance of the River Thames as a natural asset of national significance and its value to our communities, this Council:

 

1.    Asks officers to work with appropriate partners such as the Environment Agency, The Rivers Trust and Surfers Against Sewage to begin the process of applying for Bathing Quality Water status for the River Thames in South Oxfordshire;

2.    Calls on Thames Water to draft and implement an action plan for the elimination of Controlled Sewage Overflows (CSOs) across its sewage treatment network;

3.    Calls on Thames Water to provide accurate, real-time and publicly available information about Controlled Sewage Overflows into the Thames and its tributaries;

4.    Asks the Leader of the Council to write to the leaders of neighbouring Councils along the river inviting them to appoint Thames Champions to work together to enhance the safety, cleanliness and biodiversity of the river and make the River Thames “Safe for All.”

 

 

 

 

 

 

Minutes:

Motion A: Councillor David Bartholomew moved, and Councillor Jane Murphy seconded the motion as set out in the agenda at agenda item 12.

 

“Currently, two individual councillors not members of a recognised party can declare themselves to be a Political Group, with one being the Leader and the other Deputy Leader. This confers a number of advantages on these councillors, including the right to attend Political Group Leader meetings and receive Political Group Leader briefings. These councillors are thus put in a position of advantage over other councillors without a genuine mandate from a real political group.

 

This Council asks that the Leader of the Council writes to the Secretary of State requesting that the relevant legislation is amended to state that a Political Group should constitute a minimum of three councillors unless the two councillors are part of a nationally recognised party such as Conservative, Labour, Liberal Democrat or Green”.

 

The majority of councillors did not support the motion. They supported the view that the current regulations provide for small groups of councillors to form a political group, be allocated seats on committees and sub-committees to represent their electorate and gain information in the same way as larger groups. 

 

In accordance with Council Procedure Rule 67, which provides for a recorded vote if three members request one, the chair called for a recorded vote on the motion which was declared lost with the voting as follows:

 

Councillors

Councillors

Councillors

Ken Arlett

 

Pieter-Paul Barker

 

 

David Bartholomew

 

Robin Bennett

 

 

Lorraine Hillier

 

David Bretherton

 

 

Lynn Lloyd

 

Sam Casey-Rerhaye

 

 

Caroline Newton

 

Sue Cooper

 

 

Ian Snowdon

 

Peter Dragonetti

 

 

Alan Thompson

 

Maggie Filipova-Rivers

 

 

Ian White

 

Stefan Gawrysiak

 

 

 

Elizabeth Gillespie

 

 

 

Sarah Gray

 

 

 

Kate Gregory

 

 

 

Victoria Haval

 

 

 

Simon Hewerdine

 

 

 

Kellie Hinton

 

 

 

Alexandrine Kantor

 

 

 

Mocky Khan

 

 

George Levy

 

 

 

Axel Macdonald

 

 

 

Andrea Powell

 

 

 

Leigh Rawlins

 

 

 

Jo Robb

 

 

 

Sue Roberts

 

 

 

David Rouane

 

 

 

Anne-Marie Simpson

 

 

 

David Turner

 

 

 

Celia Wilson

 

 

8

 

26

 

0

 

 

Prior to consideration of Motion B, Council agreed, prior to the expiry of two and a half hours, in accordance with council procedure rule 12, to extend the duration of the meeting by half an hour. 

 

Motion B: In the absence of Councillor Jane Murphy, Councillor Lynn Lloyd moved, and Councillor Ian White seconded the motion as set out in the agenda at agenda item 12.

 

Amendment

Councillor Maggie Filipova-Rivers moved, and Councillor Simon Hewerdine seconded the following amendment with deleted words shown by a strikethrough.

Council notes that since early March the Covid-19 pandemic has had an unprecedented impact on our communities. Loved ones have lost their lives and many have been seriously ill; some are still fighting the virus as patients or as clinical staff.  

?? 

Council recognises the huge effort of our officers during the period. Adjusting to working remotely, volunteering to go beyond the day job to help support shielded people and those isolating and working long hours to keep vital council services running.? Council also recognises that the Towns and Parishes and the community groups and their members and members of the public responded enthusiastically and rapidly to the challenges that we all faced and continue to face. 

 

Council thanks our residents for their commitment and support.?This includes the members of our councils and their staff, the First Responders, the organisers and members of the Good Neighbours’ Schemes and Street Volunteers and similar organisations, the people who volunteer or knit or sew and give their time and also those who ‘do nothing!’ We know that they do nothing because they tell us; how often, when thanked, have you heard people say ‘oh, it was nothing!’ And we must not forget those who, just by being there, to listen, or step in in an emergency, help to reduce the stress and worry.

Council thanks everyone for the heroic part they have played, and will continue to play, helping residents in need of support through this dangerous and uncertain time.”

 

 

Those councillors supporting the amendment expressed the view that in listing certain groups there is a danger that the motion would not be inclusive by omitting reference to the business community, residents associations and certain key workers. Whilst it was important to say thank you.   

 

On being put to the vote the amendment was declared carried.

On being put to the vote the motion as amended was declared carried.

 

RESOLVED:

Council notes that since early March the Covid-19 pandemic has had an unprecedented impact on our communities. Loved ones have lost their lives and many have been seriously ill; some are still fighting the virus as patients or as clinical staff.  

?? 

Council recognises the huge effort of our officers during the period. Adjusting to working remotely, volunteering to go beyond the day job to help support shielded people and those isolating and working long hours to keep vital council services running.? Council also recognises that the Towns and Parishes and the community groups and their members and members of the public responded enthusiastically and rapidly to the challenges that we all faced and continue to face. 

 

Council thanks everyone for the heroic part they have played, and will continue to play, helping residents in need of support through this uncertain time.

 

Prior to consideration of Motion C, and prior to the expiry of three hours, Council agreed, in accordance with council procedure rule 82, to suspend council procedure rule 12, which restricts the duration of a meeting, to allow Council to complete the business.

 

Motion C: In the absence of Councillor Jane Murphy, Councillor Caroline Newton moved, and Councillor Ian Snowdon seconded the motion as set out in the agenda at agenda item 12.

  

Amendment

Councillor Celia Wilson moved, and Councillor Axel Macdonald seconded the following amendment with deleted words shown by a strikethrough and additional words shown in bold.

“Council recognises that the COVID-19 pandemic has thrown both the national and local economy into a state of turmoil and crisis.  The impact on our local businesses and our local communities will only grow in the coming months and requires an immediate response.

This Council will urgently set up a new committee called the Local Economy Resilience Advisory Committee, to guide this council’s response to this crisis.  Following the model of the Climate Emergency Advisory Committee, this new committee will be advisory to the Cabinet and should be made up of 12 members in total based on political balance (the head of legal and democratic to make appointments to the committee seats and substitute positions in accordance with the wishes of the relevant group leader).  The term of reference for the new committee should be drawn up by the Acting Deputy Chief Executive – Place, in consultation with the Cabinet member for development and regeneration and group leaders.   It will operate alongside and have equal weight to the Climate Emergency Advisory Committee suggesting climate-friendly activities, to ensure this council works cross party and does everything it can to help local business, the high streets of our market towns and villages, and our communities survive this economic shock.  

It is true that the economy is suffering and is in shock, however the economic effects of the climate emergency are likely to be greater and irreversible. "Business as used to be usual" is not an option.  In the new “normal”, Council should do all it can to encourage businesses to make sustainable, greener choices to support their economic recovery and beyond”.

 

With the consent of Council, the mover and seconder of the original motion accepted the amended wording.

 

Councillors supported the need to address the economic prosperity of the district especially at this time in response to the COVID-19 pandemic. However, the majority of councillors did not support the establishment of a committee which it was considered would detract officers in the economic development team from the excellent work they are already undertaking to support local businesses at this time and could actually slow down this work. Any additional resources should be deployed to engage with groups across the county to support the economic recovery. There could also be a role for the Scrutiny Committee and a role for the existing Climate Emergency Advisory Committee.

 

On being put to the vote the motion was declared lost.

 

Motion D: With the consent of Council, Councillor Ian White moved and ,in the absence of Councillor Jane Murphy, Councillor Caroline Newton seconded the following motion which omitted reference to the ward councillor call-in issue which had been dealt with at agenda item 9 (words shown by a strikethrough).

 

Changes to the Council’s Constitution have been made by the Chief Executive Officer (CEO) under Section 78 of the Coronavirus Act 2020, as documented in the CEO’s Decision Notice of the 18 May 2020.

 

These include the removal of the automatic referral of planning applications to the Planning Committee where Parish or Town Councils views are at odds with officer recommendations. This is an unnecessary removal of transparency, an affront to the natural democratic process, is disproportionate and inappropriate.

Additionally, a requirement has been introduced that where a Ward Councillor refers an application to the Planning Committee it has to be subject to the agreement of two other Councillors, being the Chair and Vice-Chair of the Planning Committee. This effectively creates a ‘right of Veto’ over a fellow Councillor, thus establishing an arbitrary two-tier system of Councillors where one Councillor effectively holds power over another, with no mechanism for appeal. Again, this is undemocratic and inappropriate.

For these reasons, this Council instructs that the changes referred to should be rescinded immediately, thereby restoring democratic control.

Council therefore agrees to reinstate the automatic referral of such planning applications to the Planning Committee.

 

Amendment

Councillor Anne-Marie Simpson moved, and Councillor Leigh Rawlins seconded the following amendment with deleted words shown by a strikethrough and additional words shown in bold.

 

“Changes to the Council’s Constitution have been made by the Chief Executive Officer (CEO) under Section 78 of the Coronavirus Act 2020, as documented in the CEO’s Decision Notice of the 18 May 2020. under his emergency powers within the council’s constitution, which permit him to take any action considered necessary in an emergency in consultation with Group Leaders.  The views of all group leaders were sought by Democratic Services on 15 May 2020 and occurred after the views of the Leader and Cabinet Member for Planning had been informally sought.

These changes include the temporary removal of the automatic referral to the Planning Committee of minor planning applications (eg 1-9 new houses) where the officer’s recommendation for approval/consent is in direct conflict with the clear and unambiguous views of the parish/town council or parish meeting.  However, for all major applications (e.g. 10 houses plus) there has been no change and if there is a Town or Parish Council objection on an application where the officer recommends approval the application continues to go to the planning committee. to the Planning Committee where Parish or Town Councils views are at odds with officer recommendations. This is an unnecessary removal of transparency, an affront to the natural democratic process, is disproportionate and inappropriate.

Council therefore agrees to reinstate the automatic referral of such planning applications to the Planning Committee.

Council notes that these changes were intended to be reviewed after six months, as they were made in recognition of the additional work pressures on officers due to COVD19 and following an unsuccessful request to the Secretary of State for a temporary relaxation of statutory targets and the 5 year land supply requirement to avoid a return to speculative development across the district.

Council confirms that it supports the approach whereby this change is reviewed, as was expressly committed to in the Chief Executive’s decision and asks that the views of all Town and Parish Councils are actively sought as part of this review.  Council further confirms that it wishes the recommendations from this review to be brought before Council in October 2020”.

 

During the debate on the amendment, Councillor Simon Hewerdine moved and Councillor Sue Roberts seconded a motion without notice under paragraph 41(k) of the council procedure rules to adjourn the debate on this item until the next scheduled Council meeting in October. On being put to the vote the motion was carried.

 

Prior to consideration of the following motions, Councillor Bretherton moved and Councillor Gawrysiak seconded a motion without notice under paragraph 41(l) of the council procedure rules to adjourn the meeting with motions E and F on the agenda to be included on the agenda for the next scheduled Council meeting in October. The motion was carried.