Agenda and minutes

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To approve and sign as an accurate record the Minutes of the Council Meeting held on 23 July 2014.

RESOLVED:

That the minutes of the Council Meeting held on 23 July 2014were confirmed and signed as an accurate record.

Apologies for absence were received from Councillor Andrew Jones.  Apologies for lateness were received from Councillor Jane Law.

The Mayor informed the Council that she had nominated Maggie’s Centre as an additional charity for her mayoral year.  This was a local charity which supported people with cancer and their families.

Councillor Joe Carlebach announced with deep regret the death of Fiona Buxton, who until May of this year was a Councillor at Kensington and Chelsea.  He paid tribute to Fiona Buxton, noting she was a good friend to the people of Hammersmith and Fulham.  Councillor Carlebach commented that she had a sharp mind with a lovely sense of humour, making her a delight to know, work with and count as a friend.  She would be remembered by all with great affection.  The Council sent its thoughts and prayers to Fiona Buxton’s family.

In respect of Special Motions 2 and 6 on Trade Unions, the following significant interests were declared:

·               Councillors Colin Aherne, Michael Cartwright, Adam Connell, Stephen Cowan, Wesley Harcourt, Lisa Homan, Natalia Perez Shepherd, Max Schmid, Rory Vaughan and Guy Vincent as they were members of Unite the Union. 

·               Councillor Stephen Cowan as he was a former member of the Institute of Directors.

·               Councillors Stephen Cowan, Larry Culhane, Alan De’Ath and Ali Hashem as they were members of the GMB

·               Councillor Daryl Brown as she was a member of UCU

·               Councillor Wesley Harcourt as he was a member of USDAW

·               Councillor Sue Macmillan as she was a member of Community Union

·               Councillor Max Schmid as he was a member of ICAW union

·               Councillor Guy Vincent as he was a member of the Law Society

The above Councillors considered that this did not give rise to a perception of a conflict of interests and, in the circumstances it would be reasonable to participate in the discussion and vote thereon.

Councillor Sharon Holder declared a disclosable pecuniary interest in Special Motions 2 and 6 on Trade Unions as she was an employee of the GMB Trade Union.  Councillor Holder later left the room during discussion of the matter without speaking or voting thereon.

In respect of Special Motion 4, Fixing the Dire Special Educational Needs Transport Service, Councillor Ben Coleman declared a significant interest as he was a governor at Queensmill School and had been a governor at Jack Tizard School for 8 years before that.   He considered that this did not give rise to a perception of a conflict of interests and, in the circumstances it would be reasonable to participate in the discussion and vote thereon.

7.10pm - The Mayor called on Mr Brian Mooney who had submitted a question to the Cabinet Member for Environment, Transport and Residents Services, Councillor Wesley Harcourt, to ask his question. Councillor Harcourt responded.  Mr Mooney asked a supplementary question which was also answered.

7.15pm - The Mayor called on Mr Will Marshall who had submitted a question to the Leader of the Council, Councillor Stephen Cowan, to ask his question. The Leader responded.  Mr Marshall asked a supplementary question which was also answered.

7.20pm - The Mayor called on Mrs Maureen Way who had submitted a question to the Leader of the Council, Councillor Stephen Cowan, to ask her question. Mr Milan Ognjenovic spoke on her behalf.  The Leader responded.  Mr Ognjenovic asked a supplementary question which was also answered.

(A copy of all the public questions submitted and the replies given are attached at Appendices 1 and 3 to these minutes).

This report recommends additions to the Cabinet portfolios to cover emerging responsibilities and addition to the officer Schemes of Delegation to incorporate new legislation (the Anti-Social Behaviour Crime and Policing Act 2014 and Explosives Act 2014).  In response to the Openness of Local Government Bodies Regulations 2014, it also seeks approval to change Standing Orders to ensure the Council fully complies with the changes in legislation. 

Changes to the Licensing Committee and Licensing Sub Committee Terms of Reference are proposed to clarify the Committees’ powers in relation to Street Trading.  Minor updates and changes to officer job titles and responsibilities within the officer Schemes of Delegation, approved by the Monitoring Officer under delegated authority, are also recommended for endorsement.  Lastly, approval is sought to the appoint three members to the Corporate Parenting Board.

7.24pm - The report and recommendations were formally moved for adoption by the Leader of the Council, Councillor Stephen Cowan.

The report and recommendations were put to the vote:

FOR                         unanimous

AGAINST                0

NOT VOTING         0

The report and recommendations were declared CARRIED.

7.24pm RESOLVED:

(1)    That the additions and amendments to the Council’s Constitution, as summarised in paragraphs 5.2 of the report be approved, and that the minor changes to the officer Schemes of Delegation referred to in paragraph 5.7 to 5.9 be noted.

(2)    That standing Order 21.g be amended as outlined in paragraph 5.6 in the report.

(3)    That Councillors Caroline Needham, Sue Fennimore and Joe Carlebach be appointed to the Corporate Parenting Board. 

(4)    That the amendments to the Licensing Committee and Licensing Sub Committee Terms of Reference as outlined in paragraph 5.9 of the report be approved.

This report outlines the recommendations of the Returning Officer following a review of the current Borough Polling Districts and Polling Places arrangements and informs the Council of the responses received to the associated consultation exercise.

7.25pm – The Mayor announced two amendments to the report as follows:

·            paragraph 2.5, “SEB polling district” should read “SEC polling district”; and

·            paragraph 5.58 should read “the Returning Officer recommends that the Townmead Youth Centre be the polling place for the SEC polling district”, instead of “SEB”.

The report and recommendations were formally moved for adoption by the Leader of the Council, Councillor Stephen Cowan, subject to the amendments.

The report and recommendations, as amended, were put to the vote:

FOR                         unanimous

AGAINST                0

NOT VOTING         0

The report and recommendations, as amended, were declared CARRIED.

7.25pm RESOLVED:

(1)      That the following existing polling district boundaries with no changes be confirmed:-

Addison, Askew,  Avonmore & Brook Green, College Park & Old Oak, Fulham Broadway, Fulham Reach, Hammersmith Broadway, Munster, North End, Parsons Green and Walham, Palace Riverside, Ravenscourt Park, Shepherds Bush Green, Town, Wormholt & White City Wards.

(2)      That it be agreed in Sands End Ward that electors in Althea Street, Hamble Street, De Morgan Road (eastern side) and Stephendale Road (southern side to junction with De Morgan Road) be transferred from SEB to SEC polling district. The boundary to run from De Morgan Road in a straight line to the River Thames.

(3)      That the use of Parsons Green Club temporary clubhouse as the polling place for Sands End ward (SEA polling district) subject to the Returning Officer being satisfied as to its suitability, be approved.

(4)      That the use of a temporary cabin on the Daisy Lane/Peterborough Road site as the polling place for Sands End (SEA polling district), until such time that the Parsons Green Club temporary clubhouse be available and assessed as suitable for use by the Returning Officer, be approved.

(5)      That the Townmead Youth Centre be approved as the new polling place for Sands End ward (SEC polling district).

(6)      That St Saviours Church Hall, Cobbold Road be approved as the new polling place for the ASA polling district in Askew ward.

This report presents the Council’s outturn Treasury Report for 2013/14 in accordance with the Council’s treasury management practices. 

7.26pm - The report and recommendation were formally moved for adoption by the Cabinet Member for Finance, Councillor Max Schmid.

Speeches on the report were made by Councillors Viya Nsumbu and Marcus Ginn (for the Opposition) and Councillor Max Schmid (for the Administration).

The report and recommendation were put to the vote:

FOR                         unanimous

AGAINST                0

NOT VOTING         0

The report and recommendation were declared CARRIED.

7.35pm RESOLVED:

That the report be noted.

This report relates to the work of the Audit, Pensions and Standards Committee’s work during the period 1 April 2013 to 31 March 2014 excluding all matters relating to pensions and standards.

7.36pm - The report and recommendation were formally moved for adoption by Councillor Michael Adam.

The report and recommendation were put to the vote:

FOR                         unanimous

AGAINST                0

NOT VOTING         0

The report and recommendation were declared CARRIED.

7.36pm RESOLVED:

That the report be noted.

7.37 pm – Under Standing Order 15(e) iii, Councillor Colin Aherne moved and Councillor Larry Culhane seconded a motion that the following items take precedence on the agenda in the following order – special motion 4, special motion 3, special motion 5, special motion 7, special motion 6, special motion 2 and special motion 1. This was agreed by a majority.

7.39pm – Councillor Sue Macmillan moved, seconded by Councillor Ben Coleman, the special motion standing in their names:

“This Council deplores the suffering caused to disabled children and their families in the Borough as a result of the former administration's negligent approach to the outsourcing of passenger transport services for children with special educational needs.

The Council also recognises that this failure has had and will continue to have significant cost implications and agrees to support all measures to resolve this problem, together with families and schools, to make this service suitable and safe.”

Speeches on the Special Motion were made by Councillors Sue Macmillan and Caroline Needham (for the Administration).

Under Standing Order 15(e) (vi), Councillor Caroline Ffiske moved, seconded by Councillor Andrew Brown, an amendment to the motion as follows:

“In title, delete “Fixing the dire”

In body of motion, delete all after “This Council” and insert:

·         Regrets the disruption to users and their families caused by the implementation of the new Passenger Transport Service

·         Welcomes new features such as the dedicated tri-borough Transport Commissioning Team which can now be used to improve the service for all users

·         Welcomes the annual savings of £300,000 resulting from the project, freeing resources that can be used to further improve the service

·         Calls on the administration to now manage the service properly for the benefit of all users.”

Speeches on the amendment to the Special Motion were made by Councillors Caroline Ffiske, Andrew Brown and Joe Carlebach (for the Opposition) and by Councillors Ben Coleman and Stephen Cowan (for the Administration), before it was put to the vote:

FOR                            20

AGAINST                   24

NOT VOTING            0

The amendment was declared LOST.

Speeches on the substantive motion were made by Councillor Andrew Brown (for the Opposition) and by Councillors Ben Coleman and Sue Macmillan (for the Administration).  The substantive motion was put to the vote and a roll-call was requested:

FOR                                                            AGAINST

FOR                            24

AGAINST                   20

NOT VOTING            0

The motion was declared CARRIED.

8.28pm – RESOLVED:

This Council deplores the suffering caused to disabled children and their families in the Borough as a result of the former administration's negligent approach to the outsourcing of passenger transport services for children with special educational needs.

The Council also recognises that this failure has had and will continue to have significant cost implications and agrees to support all measures to resolve this problem, together with families and schools, to make this service suitable and safe.

8.29pm – Councillor Steve Hamilton moved, seconded by Councillor Robert Largan, the special motion standing in their names:

“1. This Council acknowledges:

(1)  the achievements of Sands End Adventure Playground (SEAPIA), which is due to celebrate its 45th anniversary of serving the local community next year.

(2) the importance of providing facilities for older children especially with the expected increase in families in Sands End projected by the administration.

2. This Council commits to reinstate the former funding given by the previous Conservative administration to SEAPIA.”

Speeches on the Special Motion were made by Councillors Steve Hamilton and Robert Largan (for the Opposition).

Under Standing Order 15(e) (vi), Councillor Sue Fennimore moved, seconded by Councillor Stephen Cowan, an amendment to the motion as follows:

“Delete all after “2. This Council” and insert:

“recognises that SEAPIA lost out under criteria set by the former Conservative administration, and welcomes the Labour administration’s urgent review of SEAPIA’s funding and delivery arrangements which will be completed within a month.”

Speeches on the amendment to the Special Motion were made by Councillors Sue Fennimore and Stephen Cowan (for the Administration) before it was put to the vote:

FOR                            unanimous

AGAINST                   0

NOT VOTING            0

The amendment was declared CARRIED.

Under Standing Order 15(e) (vi), Councillor Steve Hamilton moved, seconded by Councillor Robert Largan, an amendment to the amended motion as follows:

“Add after “within a month” “and which shall be reported to the next meeting of the Children and Education Policy and Accountability Committee.”

A speech on the amendment was made by Councillor Steve Hamilton (for the Opposition) before it was put to the vote:

FOR                            unanimous

AGAINST                   0

NOT VOTING            0

The motion as further amended was declared CARRIED.

8.49pm – RESOLVED:

1. This Council acknowledges:

(1)  the achievements of Sands End Adventure Playground (SEAPIA), which is due to celebrate its 45th anniversary of serving the local community next year.

(2) the importance of providing facilities for older children especially with the expected increase in families in Sands End projected by the administration.

2. This Council recognises that SEAPIA lost out under criteria set by the former Conservative administration, and welcomes the Labour administration’s urgent review of SEAPIA’s funding and delivery arrangements which will be completed within a month and which shall be reported to the next meeting of the Children and Education Policy and Accountability Committee.

8.50pm – Councillor Michael Cartwright moved, seconded by Councillor Ben Coleman, the special motion standing in their names:

"This Council recognises that an excessive concentration of betting and payday loan shops on Borough high streets represents an obstacle to successful regeneration and can exacerbate the problem of household indebtedness. It resolves to develop policies that favour of a more balanced mixture of businesses.

It also endorses the Mayor of Newham's proposed application under the Sustainable Communities Act 2007 to reduce the stakes on Fixed Odds Betting Terminals (Category B2) from £100 to £2 in on-street betting premises."

A speech on the Special Motion was made by Councillor Michael Cartwright (for the Administration).

Under Standing Order 15(e) (vi), Councillor Lucy Ivimy moved, seconded by Councillor Greg Smith, an amendment to the motion as follows:

“Delete all after “This Council…” and insert:

“1.     Recognises that high levels of non-domestic business rates and the perverse valuation methodology applied by the Valuation Office Agency effectively penalise independent retailers when compared to large chains and supermarkets.

2.      Deplores the fact that this tax is an obstacle to the successful regeneration of the Borough’s high streets.

3.      Calls for a reform of the valuation method used for national non-domestic business rates to ensure a level playing field for small and independent retailers.””

Speeches on the amendment to the Special Motion were made by Councillors Greg Smith and Lucy Ivimy (for the Opposition) and by Councillors Max Schmid and Ben Coleman (for the Administration), before it was put to the vote:

The amendment was put to the vote:

FOR                            20

AGAINST                   24

NOT VOTING            0

The amendment was declared LOST.

Speeches on the substantive motion were made by Councillor Alan De’Ath, Wesley Harcourt, Ben Coleman and Michael Cartwright (for the Administration) and by Councillor Greg Smith (for the Opposition) before it was put to the vote:

FOR                            24

AGAINST                   20

NOT VOTING            0

The motion was declared CARRIED.

9.36pm – RESOLVED:

This Council recognises that an excessive concentration of betting and payday loan shops on Borough high streets represents an obstacle to successful regeneration and can exacerbate the problem of household indebtedness. It resolves to develop policies that favour of a more balanced mixture of businesses.

It also endorses the Mayor of Newham's proposed application under the Sustainable Communities Act 2007 to reduce the stakes on Fixed Odds Betting Terminals (Category B2) from £100 to £2 in on-street betting premises.

9.37pm – Councillor Stephen Cowan moved, seconded by Councillor Max Schmid, the special motion standing in their names:

“The Council notes the damage done by the government’s bedroom tax and agrees to oppose any proposals to introduce a mansion tax.

The Council is appalled at research which found that 28% of tenants affected by the bedroom tax are in rent arrears for the first time. And notes the University of York conclusion that this policy will end up costing more overall to the public purse whereas it had been intended to save public money. The Council regrets the unnecessary hardship brought about by the bedroom tax and calls on the government to end this unfairness and repeal the bedroom tax.

Furthermore, this Council notes that the mansion tax is flawed in design and in principle.

The Council agrees to oppose such measures and to lobby against them.”

Speeches on the Special Motion were made by Councillors Stephen Cowan and Max Schmid (for the Administration).

Under Standing Order 15(e) (vi), Councillor Charlie Dewhirst moved, seconded by Councillor Robert Largan, an amendment to the motion as follows:

“In title, delete “Bedroom and”

In body of motion, delete all from “This Council” to “Furthermore”.”

Speeches on the amendment to the Special Motion were made by Councillors Charlie Dewhirst and Robert Largan (for the Opposition).

Under Standing Order 24.3, Councillor Mark Loveday moved a motion to extend the guillotine until after Councillor Natalia Perez Shepherd’s maiden speech had finished, which was agreed.

A speech on the amendment to the Special Motion was then made by Councillor Natalia Perez Shepherd (for the Administration).

The amendment was put to the vote:

FOR                            20

AGAINST                   24

NOT VOTING            0

The amendment was declared LOST.

A speech on the substantive motion was made by Councillor Stephen Cowan (for the Administration). The substantive motion was put to the vote and a roll-call was requested:

FOR                                                           AGAINST

FOR                            24

AGAINST                   20

NOT VOTING            0

The motion was declared CARRIED.

10.09pm – RESOLVED:

The Council notes the damage done by the government’s bedroom tax and agrees to oppose any proposals to introduce a mansion tax.

The Council is appalled at research which found that 28% of tenants affected by the bedroom tax are in rent arrears for the first time. And notes the University of York conclusion that this policy will end up costing more overall to the public purse whereas it had been intended to save public money. The Council regrets the unnecessary hardship brought about by the bedroom tax and calls on the government to end this unfairness and repeal the bedroom tax.

Furthermore, this Council notes that the mansion tax is flawed in design and in principle.

The Council  ...  view the full minutes text for item 23.4

10.10pm – Councillor Max Schmid moved, seconded by Councillor Lisa Homan, the special motion standing in their names:

“The Council notes the countries and governments throughout time that have sought decry and attack the role of trades unions in their societies have been some of the worst, totalitarian regimes in history. Those have included many despicable regimes such as Apartheid South Africa, Pinochet’s Chile and the fascists regimes of Europe in the 1930s and 40s.

The Council believes that trade unions have many strengths and play an important part in representing hard working people and ensuring fairness at work. As Pope Francis says “Trades Unions have been an essential force for social change”. That said, this Council also recognises that there are weaknesses within the trades union movement and notes that at the last borough elections a Trades Unions and Socialists Against Cuts candidate chose to stand in a previously marginal Labour ward and therefore became a de-facto ally of the Conservative Party in their unsuccessful bid to hold onto control of what had been known as “Cameron’s favourite council”.

This Council considers that trades unions have an important role to play in society and expects management, members of staff, contractors and trades unions to all work together to build an effective, customer service orientated council that delivers high quality, good value services to residents with employees treated with respect, in positive working environments and on fair pay, terms and conditions.

The Council calls on the Conservative Opposition to learn the lessons of history, to stop union bashing and take a more balanced and reasoned view of trades unions."

Under Standing Order 15(e) (vi), Councillor Harry Phibbs moved, seconded by Councillor Viya Nsumbu, an amendment to the motion as follows:

“Add at end of first paragraph “… and the Soviet Union, all of which refused to allow independent trade unions.

Delete second third and fourth paragraphs and insert:

The Council further notes:

1.        The rise of Solidarnosc in Poland was crucial to that country being liberated from totalitarian Socialism to becoming a democratic country with a free market economy. As Pope Francis says “Trades Unions have been an essential force for social change”.

2.        Trade unions continue to be oppressed under totalitarian regimes today, notably in Cuba and Venezuela.

3.        Trade Unions were first legalised in the United Kingdom 1824 when the Conservative government of Lord Liverpool repealed the Combination Acts.

4.        The empowerment of trade unionists by the Margaret Thatcher governments – including the introduction of the right to mandatory secret ballots, the abolition of the closed shop and the outlawing of intimidatory mass picketing.

This Council believes that trade unions should be voluntary, independent from the state and accountable to their members.”

The amendment was put to the vote:

FOR                            20

AGAINST                   23

NOT VOTING            0

The amendment was declared LOST.

The substantive motion was put to the vote:

FOR                            23

AGAINST                   20

NOT VOTING            0

The motion was declared CARRIED.

10.11pm – RESOLVED:

The Council  ...  view the full minutes text for item 23.5

10.12pm – Councillor Harry Phibbs moved, seconded by Councillor Greg Smith, the special motion standing in their names:

“This Council recognises that for trade unions to be free and independent they should be financed by their members rather than the state.

Therefore this Council resolves that:

(1)      While the Council should be flexible in allowing staff to spend time working for trade unions, Council staff will not be paid for any time they spend on trade union activity.

(2)      The collection of membership subscriptions will be a matter for the trade unions themselves rather than something the Council is involved with via the payroll system.

(3)      The Council should cease providing office accommodation to trade unions on Council premises at below market rents.”

Under Standing Order 15(e) (vi), Councillor Rory Vaughan moved, seconded by Councillor Alan De’Ath, an amendment to the motion as follows:

 “Delete all after “This Council” and insert:

“agrees to work with management, trade unions, residents and local businesses to deliver continuous improvement in value and service outcomes in these austere times.”

The amendment to the Special Motion was put to the vote:

FOR                            23

AGAINST                   20

NOT VOTING            0

The amendment was declared CARRIED.

The motion as amended was put to the vote:

FOR                            23

AGAINST                   20

NOT VOTING            0

The motion as amended was declared CARRIED.

10.13pm – RESOLVED:

This Council agrees to work with management, trade unions, residents and local businesses to deliver continuous improvement in value and service outcomes in these austere times.

(Councillor Sharon Holder had declared a disclosable pecuniary interest in the special motion and left the room during discussion of the matter without speaking or voting thereon.)

10.14pm – Councillor Charlie Dewhirst moved, seconded by Councillor Robert Largan, the special motion standing in their names:

“The Council notes the recent proposals announced by Ed Balls MP, Shadow Chancellor, for a “Mansion Tax” on homes valued over £2m. It also notes that over 50% of all individuals who would have to pay such a tax nationally are within just five London Boroughs including Hammersmith & Fulham. 

The Council recognises that due to significant increases in local property prices, large numbers of residents living in average family homes, including many on low incomes, will be hit by this tax, paying bills starting from £20,000 per year. It recognises that this policy, if implemented, could lead to many local people being forced to move out of the borough.

This Council deplores this ideologically led warfare against property ownership and resolves to oppose these proposals.”

Under Standing Order 15(e) (vi), Councillor PJ Murphy moved, seconded by Councillor Natalia Perez Shepherd, an amendment to the motion as follows:

“Delete all after “This Council” and insert:

“agrees to lobby against the Mansion Tax.”

The amendment to the Special Motion was put to the vote:

FOR                            unanimous

AGAINST                   0

NOT VOTING            0

The amendment was declared CARRIED.

The motion as amended was put to the vote and a roll-call was requested:

FOR   

FOR                            43

AGAINST                   0

NOT VOTING            0

The motion as amended was declared CARRIED.

10.16pm – RESOLVED:

The Council notes the recent proposals announced by Ed Balls MP, Shadow Chancellor, for a “Mansion Tax” on homes valued over £2m. It also notes that over 50% of all individuals who would have to pay such a tax nationally are within just five London Boroughs including Hammersmith & Fulham. 

The Council recognises that due to significant increases in local property prices, large numbers of residents living in average family homes, including many on low incomes, will be hit by this tax, paying bills starting from £20,000 per year. It recognises that this policy, if implemented, could lead to many local people being forced to move out of the borough.

This Council agrees to lobby against the Mansion Tax.

There are no information reports to consider.