Agenda and minutes

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To approve the minutes of the meeting held on 17 July 2019 as an accurate record.

RESOLVED

The minutes of the Council meeting held on 17 July 2019 were confirmed and signed as an accurate record.

Apologies for absence were received from Councillor Max Schmid.

Apologies for lateness were received from Councillor Donald Johnson (who entered the meeting at 7.08pm).

Death of former councillor Jafar Khaled

The Mayor informed the Council of the death of former Labour Councillor Jafar Khaled who represented Shepherd’s Bush Green Ward. Councillors Stephen Cowan, Andrew Brown, Adronie Alford, Mercy Umeh and Jonathan Caleb-Landy made speeches paying tribute to him.

The Council then stood for a minute of silence in remembrance.

Retirement of Steve Miley, former Director of Children’s Services

The Mayor welcomed Steve Miley back to the Council following his retirement on the 4^th of October 2019. The Mayor paid tribute to his commitment to helping the borough’s children and families over the past three decades.

Councillors Stephen Cowan, Sue Macmillan, Larry Culhane, Andrew Brown and Donald Johnson made speeches paying tribute.

The Mayor presented Steve Miley with a token of the Council’s appreciation for his years of service to the children of the borough. The Mayor also presented Steve Miley’s partner, Liz Castle, with a bouquet of flowers.

NOTE: During this item the meeting was disrupted by a fire alarm and so 17 minutes were added to the end of the meeting.

Councillor Rory Vaughan declared a non-pecuniary interest in Special Motion 1 – ‘Education’ as a School Governor at St. John's Catholic Primary School.

Councillor Rory Vaughan also, as an employee of the Financial Services regulator, declared an interest in Special Motion 2 – Freedom of Movement. He left the room before the debate started and did not vote on the motion.

Question from Brian Mooney, Resident

Brian Mooney was unable to attend the meeting to ask his question in person so the question was taken as read and the Leader of the Council provided his response.

“Will Hammersmith and Fulham Council rule out:

a)    Charging any tolls for motorists using Hammersmith Bridge?

b)    Charging motorists to drive on any other council-managed roads?

c)    Supporting any attempt by Transport for London to charge motorists for driving within the borough or any neighbouring borough?”

Answer from Councillor Stephen Cowan, Leader of the Council

“No – Yes – Yes.

That’s the answer. And the explanation is – there is no such thing as a magic money tree. And if we have to, we will put the tolls in. But we would prefer other mechanisms and we are pursuing them with our partners at TfL and indeed engage in conversations with the Government.”

Question from Hazel Barker, Resident

Hazel Barker was unable to attend the meeting to ask her question in person so the question was taken as read and the Cabinet Member for Children and Education provided his response.

“I am pleased that the Council aspires to be the greenest and assumed local leadership for public health. I have noticed that France has banned WiFi in nursery schools and childcare centres on health grounds. It has also severely restricted its use in other schools and insisted on measures to protect children under 14 years from cellphone (wireless) radiation.

As a mother I am quite concerned. What do you regard as an acceptable level of exposure to wireless (RF frequency) emissions for schoolchildren, and what steps are you taking to involve parents and carers in limiting exposure?”

Answer from Councillor Larry Culhane, Cabinet Member for Children and Education

“I would like to say that the UK consult with the International Commission on Non-Ionising Radiation Protection (ICNIRP, for short), to ensure this Council is alerted to changes in action levels for exposure to non-ionising radiation caused by electro-magnetic fields. Information from the ICNIRP is relayed to local authorities through central government departments, such as Public Health England and the Health and Safety Executive.

Our Corporate Health and Safety Team advise us of any changes in Health and Safety guidelines, including risk assessment reviews where necessary. Consultation and advice on risk assessment reviews take place via the respective service areas and its stakeholders, for example, in a school or nursery, through Children Services, with employers of the school, governing bodies or PTAs.

Cell tower emission compliance ensures residents are not adversely affected by microwave emissions from base stations. It’s a responsibility of the network provider commissioning the construction, adaptation or relocation of a base station to assess the EMF output and provide a safe distance between the emissions and the public. EMF in the microwave: RF drops very rapidly from source, is therefore not uncommon for members of the public to enquire why base stations seem so close to the living environment.

Local authority planning policy will normally scrutinise a network provider’s documentation of compliance prior to granting a new adapted or relocated base station.

I would like to publicly thank Miss Barker for submitting this question and I will be contacting her after this meeting to see if we can meet and discuss her concerns in more detail.”

Question from Xingang Wang, Resident

“Can the Leader of the Council provide an update on Hammersmith Bridge?”

Answer from Councillor Stephen Cowan, Leader of the Council

“Yes, and thank you for asking the question.

It is indeed a closed question, and so the answer is yes, I can. And the answer is that if you look on the H&F website, there is an extensive level of information; I would encourage all residents to look at the 2 films that we’ve made that set out the complexities around what is happening with Hammersmith Bridge, and indeed, reaffirm our commitment that this administration fully intends to deal with those complexities and reopen the bridge as quickly as possible.”

Follow-up question from Xingang Wang

“Thank you for your answer. As it happened, what brought me to this fantastic city and country was my master degree – Engineering at Imperial College: the finest science and engineering university in the world. So, if you need [any] help about the bridge, let me know.

My supplementary question is: it has been leaked from a Hammersmith and Fulham officer that [inaudible] the reassurance from yourself and the Mayor, that the Council is now considering opening the bridge to only foot traffic, cyclists and the buses. Can you confirm or deny this?”

Follow-up answer from Councillor Stephen Cowan, Leader of the Council

“Yeah, I can deny it. I think there’s a problem with leaks, which is, it doesn’t seem like a leak. We work very closely with our team of experts and the Highways department and they are very solidly behind the programme.

The advice the Highways department gave us very early on was that for a long time, the custodians of the bridge had been negligent. And if we just talk about the immediate 8 years prior to when we came into office, there was no comprehensive, structural integrity review of the bridge. And the question that Mr. Wang will know full well, that when you have ancient suspension bridges, they need to be maintained – maintained fully. And the particular difficulty of Hammersmith Bridge is, it is made out of a combination of wood, [wrought?] iron and cast iron. And anybody – even though I, for a short period of time, did metal shop as part of my education – and anybody will tell you that the interesting things about those ancient materials, is they corrode if not looked after properly.

Now, one of the things we get to do as politicians is to ask the simple questions, because we’re not experts in many things, and the officials who work for us, are.

And so it is a great respect that Wesley Harcourt asked that simple question in 2014, which is, could the suspension bridge collapse as we’ve seen others do, such as in Genoa, in Italy. And the answer was, we don’t think so, Councillor. And Wesley and I said, ‘have we checked?’ And the answer was, ‘well, there hasn’t been a check’.  ...  view the full minutes text for item 5.3

This report presents the results of the by-election in Fulham Broadway ward on 19 September 2019.

8.15pm – Council noted that Helen Rowbottom of the Labour Party was elected as a Councillor for the Fulham Broadway ward at the by-election held on 19 September 2019.

This report asks Council to approve more efficient financial practices through new financial thresholds, the creation of two new committees, and a change to the key decision threshold.

8.15pm – The report and recommendations were formally moved for adoption by the Leader of the Council, Councillor Stephen Cowan.

Speeches on the report were made by Councillor Stephen Cowan (for the Administration) and Councillors Alex Karmel and Andrew Brown (for the Opposition).

The report and recommendations were then put to the vote:

FOR                        32

AGAINST                11

NOT VOTING         0

8.22pm – RESOLVED

1.       That the new financial thresholds outlined in paragraph 5.6 of the report, be approved.

2.       That authority be delegated to the Assistant Director of Legal and Democratic Services to update Financial Regulations and the constitution, and update and amend Contract Standing Orders.

3.       That the key decision threshold be increased from £100,000 to £300,000.

4.       That a Cabinet Urgency Sub-Committee be created with the Terms of Reference as attached at Appendix 1 of the report.

5.       That a Standards Committee be established with the Terms of Reference as attached at Appendix 2 of the report.

6.       That any spend in excess of £20 million of the Budget framework be approved increasing the limit from £5 million.

7.       That the Pension Fund Sub-Committee’s quorum be amended to two councillors.

8.       That the Audit and Pensions Committee’s terms of reference be noted at Appendix 3 of the report.

This report asks Council to confirm the proportional division of committee seats following the by-election held in Fulham Broadway ward on 19 September 2019.

8.23pm – The report on the allocation of seats and proportionality on committees was noted.

This report asks Council to approve some committee membership changes and outside bodies appointments for the municipal year 2019/20.

The Mayor noted that Councillors Karmel and Loveday had been nominated by the Opposition to the Standards Committee. Recommendation 4 was amended to reflect the nominations.

8.24pm - The report and recommendations, with the above amendment, were formally moved for adoption by the Leader of the Council, Councillor Stephen Cowan.

The report and amended recommendations were put to the vote:

FOR                        UNANIMOUS

AGAINST                0

NOT VOTING         0

The report and amended recommendations were declared CARRIED.

8.24pm – RESOLVED

1.    That Councillor Helen Rowbottom be appointed to the vacancy on The Economy, Housing and the Arts Policy and Accountability Committee.

2.    That Councillor Rachel Leighton replace Councillor Fiona Smith on Hammersmith United Charities.

3.    That Councillor David Morton be appointed to The Reserve Forces and Cadet Association in Greater London.

4.    That Councillors Rebecca Harvey, Helen Rowbottom, Rowan Ree, Rory Vaughan, Mark Loveday and Alex Karmel be appointed to the Standards Committee.

5.    That Councillor Wesley Harcourt to be appointed the Western Riverside Waste Authority’s (WRWA) representative to answer questions on the discharge of the WRWA’s functions at Council meetings[1].

To consider and determine the following Special Motions:

8.25pm – Under Standing Order 15(e)(3), Councillor Colin Aherne moved to give precedence to Special Motions 5, 2, 3 and 4. The motion was agreed.

8.25pm – Councillor Patricia Quigley moved, seconded by Councillor Ben Coleman, the special motion in their names:

“This Council supports the Labour administration’s aspiration for Hammersmith & Fulham to be the most inclusive borough in the country.

The Council welcomes the Labour administration’s commitment to continuing to provide free home care and reduced prices for meals on wheels - a commitment matched by no other council.

The Council welcomes the report of Hammersmith & Fulham’s Independent Disabled People’s Commission and supports the administration’s commitment to the full implementation of the report’s recommendations - despite severe cuts in government funding. Those recommendations include:

Taking a human rights approach to policy and services, using the UN Convention on the Rights of Persons with Disabilities as the framework for change.

Working in co-production with Disabled residents on the development, implementation and monitoring of policy.

The Council notes that:

·         The UN Committee on the Rights of Persons with Disabilities has identified the British government as failing to uphold disabled people’s human rights.

·         Government estimates released in February 2019 suggests that as many as 210,000 disabled people were underpaid Employment and Support Allowance (ESA) over several years of government miscalculations. The DWP announced it had made the blunder in 2017.

·         DWP Officials found some disabled people transferring to ESA from incapacity benefit during 2011 and 2014 were put on the wrong system for assessing their new payments, leaving 70,000 disabled people out of pocket.

·         In 2018, the DWP announced 180,000 disabled people were owed an ESA payment, leaving those owed the payment during those three years short of cash.

·         The government has now placed the figure closer to 210,000 disabled people - and will be investigating 540,000 cases in total.

·         Disabled people are now required to complete a 45-page form to win back their ESA benefit due to this government’s blunder.

·         The government has revealed that thousands of claimants have died before they could receive the repayment.

·         The Department for Work and Pensions has confirmed that more than 4,500 disabled people were wrongly stripped of their Personal Independence Payment in the switch from the previous Disability Living Allowance.

·         The government has confirmed that almost 100,000 disabled people were forced last year to wait longer than two weeks for their benefit payments.

·         The Ministry of Justice has confirmed that nearly three-quarters of PIP assessments by the private firms to which the government has wholly outsourced this task are now being overturned.

·         The suggested financial estimate for the blunder by the DWP is £920 million in back payments.  That is not including the monies paid to the private companies for carrying out checks on disabled people. 

The government’s approach to Disabled people has evidently created a cruel and hostile environment and caused Disabled people unnecessary stress, anxiety, depression and loss of independence.

This Council therefore calls on the government to change radically its approach to Disabled people and for all councillors to lobby the government to adopt the recommendations of Hammersmith & Fulham’s Independent Disabled People’s Commission.”

Speeches on  ...  view the full minutes text for item 7.5

9.03pm - Councillor Christabel Cooper moved, seconded by Councillor Helen Rowbottom, the special motion in their names:

“This Council recognises that Hammersmith & Fulham has strong European and international ties, with over 40% of the population born outside of the UK from over 100 different countries. The Council believes that migrants have made an important contribution to the civic, cultural and economic life of both the United Kingdom and this borough, with many delivering essential public services to residents.

This Council believes that the Tory government’s planned Immigration Bill which would end freedom of movement after Britain leaves the EU, discriminates against low-paid workers and will have negative impacts on many people who live and work in the borough. It notes that this is likely to lead to workforce pressures, particularly in the health and social care fields and in construction and development; this is most likely to occur in social care services, where a 3% increase in staffing costs would amount to additional annual costs of £1.4m.

The Council condemns the Tory government’s “Hostile Environment” measures which have turned landlords and public service providers into border guards and resulted in the inhumane treatment of many migrants who have contributed for decades to the life and economy of this country.

The Council therefore:

·         welcomes the unanimous decision of delegates at the 2019 Labour Party Conference to support free movement, equality and rights for migrants whether Britain remains within the European Union or whether it leaves

·         demands that the government to scrap all Hostile Environment measures

·         opposes the Immigration and Social Security Co-ordination Bill which is currently being debated in Parliament

·         resolves to challenge anti-immigrant narratives and to take positive action to ensure that all migrants feel welcome in Hammersmith & Fulham, through events such as the Community Day and through promoting a message of cohesion with 200 lamp post banners across the borough stating that ‘Everyone’s Welcome in Hammersmith & Fulham’.”

Speeches on the special motion were made by Councillors Christabel Cooper, Helen Rowbottom (who made her maiden speech), and Iain Cassidy (for the Administration) - and Councillor Andrew Brown (for the Opposition).

Councillor Christabel Cooper summed up the debate before the motion was put to the vote:

FOR                            32

AGAINST                   11

NOT VOTING            0

The special motion was declared CARRIED.

9.27pm – RESOLVED

This Council recognises that Hammersmith & Fulham has strong European and international ties, with over 40% of the population born outside of the UK from over 100 different countries. The Council believes that migrants have made an important contribution to the civic, cultural and economic life of both the United Kingdom and this borough, with many delivering essential public services to residents.

This Council believes that the Tory government’s planned Immigration Bill which would end freedom of movement after Britain leaves the EU, discriminates against low-paid workers and will have negative impacts on many people who live and work in the borough. It notes that this is likely to lead to workforce pressures, particularly in the health and social  ...  view the full minutes text for item 7.2

9.27pm – Councillor Natalia Perez moved, seconded by Councillor Larry Culhane, the special motion in their name:

“This Council notes that LGBT+ inclusive relationships and sex education is crucial to the development of young LGBT+ people, and in creating a more tolerant and open society. This Council notes that the current climate for LGBT+ people in the UK means that nearly half - including 64 per cent of trans pupils - are bullied for being LGBT+ in Britain’s schools. This Council notes that the repeal of Section 28 was a pivotal moment for LGBT+ rights, and that the UK must never move backwards on LGBT+ rights by stopping LGBT+ inclusive education in schools. Council notes that people of all faiths and no faith are LGBT+ and it is vital that all children receive comprehensive and inclusive relationships and sex education, regardless of their parents’ beliefs.

This Council welcomes the introduction of statutory Relationships Education and Relationships and Sex Education (RSE), which all primary and secondary schools in England respectively will be required to teach from September 2020. Council affirms unequivocally its support for compulsory LGBT+ inclusive Relationships Education and Relationships and Sex Education in all state funded primary and secondary schools. Council commits to ensuring that schools are delivering RSE in line with new Government guidance.”

Speeches on the special motion were made by Councillors Natalia Perez, Fiona Smith, Ben Coleman, and Larry Culhane (for the Administration) - and Councillors Donald Johnson and Andrew Brown (for the Opposition).

Councillor Natalia Perez summed up the debate before the motion was put to the vote:

FOR                            UNANIMOUS

AGAINST                   0

NOT VOTING            0

The motion was declared CARRIED.

9.52pm – RESOLVED

This Council notes that LGBT+ inclusive relationships and sex education is crucial to the development of young LGBT+ people, and in creating a more tolerant and open society. This Council notes that the current climate for LGBT+ people in the UK means that nearly half - including 64 per cent of trans pupils - are bullied for being LGBT+ in Britain’s schools. This Council notes that the repeal of Section 28 was a pivotal moment for LGBT+ rights, and that the UK must never move backwards on LGBT+ rights by stopping LGBT+ inclusive education in schools. Council notes that people of all faiths and no faith are LGBT+ and it is vital that all children receive comprehensive and inclusive relationships and sex education, regardless of their parents’ beliefs.

This Council welcomes the introduction of statutory Relationships Education and Relationships and Sex Education (RSE), which all primary and secondary schools in England respectively will be required to teach from September 2020. Council affirms unequivocally its support for compulsory LGBT+ inclusive Relationships Education and Relationships and Sex Education in all state funded primary and secondary schools. Council commits to ensuring that schools are delivering RSE in line with new Government guidance.

9.52pm – Councillor Lisa Homan moved, seconded by Councillor Wesley Harcourt, the special motion in their names:

“This Council reaffirms its support for HS2. The Council is very disappointed at the government’s pausing of the programme and is deeply alarmed at calls from conservative London Assembly members to scrap it.

The Council notes that HS2 will bring massive transport, economic, environmental and employment benefits to both Hammersmith & Fulham and much of the UK and is exactly the type of bold national infrastructure project the country needs.

Deliberate delay over the project’s future risks the delivery of 25,000 desperately needed new homes, 65,000 new jobs and around 3 million square metres of new business and retail space in the Old Oak & Park Royal Development Corporation (ODPC) area alone of which over 80% is within Hammersmith and Fulham. In addition to risking the biggest regeneration project in London, delays also put at risk regional and redistributive growth in the midlands and north of England.

The Council calls on the government to stop dithering and to provide immediate certainty to the future of HS2 and resolves to do everything within the Council’s power to ensure it happens.”

Speeches on the special motion were made by Councillors Lisa Homan and Wesley Harcourt (for the Administration).

Under Standing Order 15(e)(6), Councillor Mark Loveday moved, seconded by Councillor Andrew Brown, an amendment in their names:

“In the first paragraph, delete “Conservative London Assembly members” and insert “Conservative, Labour, Green and Brexit Party politicians”

Delete final paragraph and insert:

“The Council calls on the government to provide immediate certainty to the future of HS2 and resolves:

to make an urgent detailed submission to the Oakervee Review arguing the case for HS2, the Old Oak rail interchange and the benefits of the scheme to our community;

and

to do everything within the Council’s power to ensure it happens.””

Speeches on the amendment to the special motion were made by Councillors Mark Loveday and Andrew Brown (for the Opposition) – and Councillor Stephen Cowan (for the Administration).

The guillotine fell at 10.18pm (there was a time extension due to a fire alarm disrupting the proceedings earlier in the meeting).

The amendment was put to the vote:

FOR                            9

AGAINST                  32

NOT VOTING            0

The amendment was declared LOST.

The substantive motion was then put to the vote:

FOR                            UNANIMOUS

AGAINST                   0

NOT VOTING            0

The substantive motion was declared CARRIED.

10.22pm – RESOLVED

This Council reaffirms its support for HS2. The Council is very disappointed at the government’s pausing of the programme and is deeply alarmed at calls from conservative London Assembly members to scrap it.

The Council notes that HS2 will bring massive transport, economic, environmental and employment benefits to both Hammersmith & Fulham and much of the UK and is exactly the type of bold national infrastructure project the country needs.

Deliberate delay over the project’s future risks the delivery of 25,000 desperately needed new homes, 65,000 new jobs and around 3 million square metres of  ...  view the full minutes text for item 7.4

The special motion was withdrawn.