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Agenda, decisions and minutes

Venue: Council Chamber - County Hall

Contact: Karen Strahan 01392 382264  Email: karen.strahan@devon.gov.uk

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Media

Items
Note No. Item

173.

Appointment of Vice-Chair

In the absence of the appointed Vice-Chair, the Council is asked to appoint a Vice Chair for this Council meeting only.

Additional documents:

Decision:

In the absence of the appointed Vice-Chair, Councillor Hughes MOVED and Councillor Hart SECONDED that Councillor Trail (BEM) be appointed Vice-Chair for this Council meeting.

Minutes:

In the absence of the appointed Vice-Chair, Councillor Hughes MOVED and Councillor Hart SECONDED that Councillor Trail (BEM) be appointed Vice-Chair for this Council meeting.

174.

Minutes

To approve as a correct record and sign the minutes of the meeting held on 8 December 2022, previously circulated.

Additional documents:

Decision:

The Chair of the Council MOVED and it was duly SECONDED that the minutes of the meeting held on 8 December 2022 be signed as a correct record.

 

The Motion was put to the vote and declared CARRIED.

Minutes:

The Chair of the Council MOVED and it was duly SECONDED that the minutes of the meeting held on 8 December 2022 be signed as a correct record.

 

The Motion was put to the vote and declared CARRIED.

175.

Announcements

Additional documents:

Minutes:

The Chair of the Council welcomed Mrs Saltmarsh who was attending the meeting in her capacity as co-opted Member of the Council’s Standards Committee to monitor compliance with the Council’s ethical framework.

 

He then reported on the sad passing of former County Councillor Paul Diviani who had represented the Honiton St Paul’s division between 2009 and 2017. He had served on numerous Committees as well as the former Police Authority. He also served on East Devon District Council, joining in 1999 and becoming Leader in 2011.

 

The Chair had attended the funeral on the 30th January 2023 and advised Members of a memorial service being held in March.

 

The Chair congratulated the Council’s Public Health Nursing team who provided health visiting and school nursing services across Devon. The Care Quality Commission had recently highlighted ‘outstanding practice’ following a recent inspection.

 

Overall, CQC inspectors had rated Devon’s Public Health Nursing service as ‘good’ across all measures – for being ‘Safe’, ‘Effective’, ‘Caring’, ‘Responsive’ and ‘Well-led’.

 

The Chair also updated the Council on the race equality development sessions for Members, thanked the team for the illuminating sessions and welcomed the EDI agenda being progressed including the launch of an equality commission.

 

He then welcomed Donna Manson (the Council’s new Chief Executive) and Julian Wooster who joined the Council as interim Director of Children’s Services. He also said thank you to the outgoing interim Director of Children’s Services, Lisa Bursill, thanking her for her huge contribution over the last few months in this role and in her previous role as Deputy Director of Children’s Social Care. The Chair wished her well for the future.

 

The Chair further welcomed the young people who had come to the Chamber to observe the meeting.

 

Finally, on behalf of the Council, the Chair thanked Jan Spicer for being the Council’s interim Chief Executive for the last few months and wished her well in her retirement. Group Leaders echoed the words of the Chair and Jan Spicer responded.

176.

Items Requiring Urgent Attention

Additional documents:

Minutes:

There was no item raised as a matter of urgency.

 

*

177.

Appointment of Independent Persons (Localism Act / Standards)

The Chair of the Standards Committee will move that the Council endorse the appointment of Mr R Jeanes and Mr J Smith as Independent Persons, as required under the Localism Act.

Additional documents:

Decision:

The Chair of the Standards Committee MOVED and Councillor Trail SECONDED that the appointment of Mr R Jeanes and Mr J Smith as Independent Persons be endorsed.

 

The Motion was put to the vote and declared CARRIED.

Minutes:

The Chair of the Standards Committee MOVED and Councillor Trail SECONDED that the appointment of Mr R Jeanes and Mr J Smith as Independent Persons be endorsed.

 

The Motion was put to the vote and declared CARRIED.

 

The Council noted that the Director of Legal and Democratic Services had undertaken interviews with prospective applicants for the role of Independent Persons, as required by the Localism Act.

178.

Public Participation: Petitions, Questions and Representations

Petitions, Questions or Representations from Members of the public in line with the Council’s Petitions and Public Participation Schemes.

Additional documents:

Minutes:

The Leader was presented with a Petition, by Councillor Radford from Kingskerswell Parish Council, on behalf of residents seeking the resurfacing of pavements, highways and footpaths in Lyn Grove and Meadow Close. The petition contained approximately 60 signatures.  

 

The relevant Cabinet Member or Head of Service would be asked to respond direct to the petitioner on the issues raised, within 15 days.

 

There was no question or representation from a Member of the public.

179.

Petitions from Members of the Council

Additional documents:

Minutes:

There was no Petition received from a Member of the Council.

180.

Questions from Members of the Council pdf icon PDF 164 KB

Answers to questions from Members of the Council pursuant to Standing Order 17.

Additional documents:

Minutes:

In accordance with the Council’s Procedure Rules, the Leader and relevant Cabinet Members provided written responses to twelve questions submitted by Members of the Council relating to the following matters;

 

1.    numbers of excess deaths in Devon over the last 5 years;

2.    figures and trends in Devon relating to excess deaths;

3.    the link between excess deaths and the cost-of-living crisis, poverty and cold homes;

4.    work with key partners and stakeholders to monitor and reduce these numbers of excess deaths;

5.    percentage of Councillors who had completed mandatory equality and diversity training;

6.    Cabinet Member attendance at the DSCPP protest and improved communication;

7.    schools and Educational Health and Care Plan money for children not attending a school when the school cannot accommodate their needs;

8.    why does Devon not have enough alternative provision capacity for children in Education other than at School, who should be receiving education for a minimum of hours per week;

9.    number of tribunals Educational Health and Care Plans this financial year, percentage won and costs for Devon;

10.scrutiny reports, such as SEND Task Group Report not automatically sent out through corporate communications;

11.whether officers advised any members of the Cabinet of the allegations against John Humphreys around the time of LADO meetings;

12.multi agency safeguarding meetings, and an omission of a third meeting from the Report.

 

The Leader and relevant Cabinet Members also responded orally, as appropriate, to any supplementary questions arising therefrom.

 

(A copy of the questions and answers are appended to the minutes and any supplementary questions and answers may be observed through the webcast of this meeting)

181.

Revenue Budget, Medium Term Financial Strategy 2023/2024 - 2026/2027 and the Capital Programme for 2023/2024 - 2027/2028 pdf icon PDF 160 KB

In the exercise of its Public Sector Equality Duty, as set out below, the County Council must have full regard to and consider the impact of any proposals in relation to equalities prior to making any decisions and any identified significant risks and mitigating action required. The overview of the impact assessments for all service areas entitled ‘2023/24 Budget Impact Assessment’ has been circulated separately and is available to all Members of the Council for consideration under this item (alongside any specific equality impact assessments undertaken as part of the budget’s preparation) at https://www.devon.gov.uk/impact/budget-setting-2023-2024/.

 

To receive and approve the Report of the Director of Finance and Public Value (DF/23/19) together with the Minutes of the Cabinet held on 10th February 2023 relating to the budget.

 

Minutes from the recent Scrutiny Budget meetings (Children’s Scrutiny, Health and Adult Care and Corporate Infrastructure and Regulatory Services) are also attached for the information of Members which contain the Scrutiny Budget Resolutions, attached.

 

The Report of the Director of Finance and Public Value will follow.

 

The Cabinet Minutes will be available to view (shortly after the Cabinet meeting on the 10th February 2023) at; https://democracy.devon.gov.uk/ieListDocuments.aspx?CId=133&MId=4465&Ver=4

Additional documents:

Decision:

(Councillor Wilton-Love declared a personal interest in this matter by virtue of working in the Health and Social Care field)

 

Councillor Hart MOVED and Councillor Twiss SECONDED that Cabinet Minute 281 (1-21) setting out the proposed revenue and capital budgets as detailed in Report (DF/23/19) be approved.

 

The MOTION in the name of Councillor Hart was then put to the vote and declared CARRIED.

Minutes:

All Members of the Council had been granted a dispensation to allow them to speak and vote in any debate on the setting of the Council Tax or Precept or any fees and charges arising therefrom as a consequence of simply being a resident of or a land, business or property owner in the administrative County of Devon or by being a County Council representative on a local authority company or joint venture or by being a parent or guardian of a child in a school on any matter relating to school meals and school transport, or in

relation to being an approved foster parent, providing placements for the Council’s Children in Care or in relation to the setting of members’ allowances or the receipt of allowances from another Authority or as a parent or a guardian of a child in care or in receipt of statutory sick pay or a pension.

 

(Councillor Wilton-Love declared a personal interest in this matter by virtue of working in the Health and Social Care field)

 

The Council considered the Minutes of the Cabinet meeting (Minute 281 (1-21) of 10th February 2023), together with the Report of the Director of Finance and Public Value on the Revenue Budget and Medium-Term Financial Strategy 2023/24 - 2026/27 and Capital Programme 2023/24 - 2027/28 (DF/23/19).

 

This included an assessment of the adequacy of reserves, a range of prudential indicators concerning the financial implications of the capital programme and an assessment that identified risks associated with the budget strategy, together with how the risks would be managed.

 

The budget book contained details of the County Council’s revenue and capital budgets together with associated financial and operational information.

 

The detail of the budget book included:

 

      Revenue Budget Overview;

      Statement on the Robustness of the Budget Estimates, the Adequacy of Reserves and Affordability of the Capital Strategy;

      Capital Programme Overview 2023/24 - 2027/28;

      Service Budgets;

      Fees & Charges;

      Medium Term Financial Strategy 2023/24 - 2026/27;

      County Fund Balance and Earmarked Reserves 2023/24;

      Treasury Management Strategy 2023/24 - 2026/27 and Prudential Indicators 2023/24 - 2027/28;

      Capital Strategy 2023/24 - 2027/28;

      Risk Analysis of Volatile Budgets; and

      Abbreviations

 

The Chair of the Council MOVED that the Minutes of the Health and Adult Care Scrutiny, Children’s Scrutiny Committee and Corporate Infrastructure and Regulatory Services Budget Scrutiny Committee meetings held on the 20th, 26th and 30th January 2023 relating to the annual estimates be approved.

 

The MOTION was subsequently put to the vote and declared CARRIED.

 

The Council noted that the Corporate Infrastructure and Regulatory Services Scrutiny Committee had, at that meeting on 30th January 2023, considered and endorsed the proposed Treasury Management Strategy for 2023/24, prior to determination of the budget for that year.

 

The Council further noted that the Council’s financial plans had been drawn up with reference to the County Council’s major policies and objectives, the County Council’s performance framework, demographic changes occurring within the  ...  view the full minutes text for item 181.

Recorded Vote
TitleTypeRecorded Vote textResult
Amendment in the name of Councillor Brazil Amendment

That Cabinet Minute (281) (1-21) (Revenue Budget and Medium-Term Financial Strategy 2023/24 - 2026/27 and Capital Programme 2023/24 - 2027/28) be amended by the addition of the following and all necessary changes be made to the detailed budgets:

1. Additional funding of £2m for potholes and other highways maintenance.

2. An additional £1m provided to support 20mph limits and zones for communities which want them (Total cost £3 million)

 

We will pay for these priorities by:

1. Cutting the Council’s Citizens Engagement budget by £500,000

2. Drawing down £2.5 million from the Budget Management Reserve

Lost
Motion in the name of Councillor Hart Motion

Motion contained within Cabinet Minute (281) (1-21) from 10th February 2023 relating to the adoption of the Revenue Budget 2023/2024, Medium Term Financial Strategy & Capital Programme.

Carried
  • View Recorded Vote for this item
  • 182.

    Pay Policy Statement 2023/2024 pdf icon PDF 145 KB

    To receive and approve the Councils Pay Policy Statement, as recommended by the Appointments, Remuneration and Chief Officer Conduct Committee (2 February 2023) (Minute 53 refers). The minutes and Pay Policy Statement are attached to the agenda.

    Additional documents:

    Decision:

    The Leader of the Council MOVED and Councillor McInnes SECONDED that the recommendations of the Appointments, Remuneration and Chief Officer Conduct Committee be approved and that the Pay Policy Statement for 2023/24 (and consequential changes to the Council’s Constitution) as set out at Minute 53 of that Committee be endorsed and the Constitution amended accordingly.

     

    The Motion was put to the vote and declared CARRIED.

    Minutes:

    The Council considered the recommendations of the Appointments, Remuneration and Chief Officer Conduct Committee held on 2 February 2023 relating to the adoption by the County Council of the proposed Pay Policy Statement for 2023/24.

     

    The Leader of the Council MOVED and Councillor McInnes SECONDED that the recommendations of the Appointments, Remuneration and Chief Officer Conduct Committee be approved and that the Pay Policy Statement for 2023/24 (and consequential changes to the Council’s Constitution) as set out at Minute 53 of that Committee be endorsed and the Constitution amended accordingly.

     

    The Motion was put to the vote and declared CARRIED.

     

    183.

    Cabinet Member Reports pdf icon PDF 108 KB

    To consider reports from Cabinet Members.

    Additional documents:

    Minutes:

    The Council received reports from the relevant Cabinet Members on matters upon which they had been asked to comment, as set out below. All reports were written and can be found with the agenda papers for the meeting.

     

    (a)       Policy, Corporate and Asset Management

               

    Councillor Hart circulated a Report, as requested by Councillor Hannaford, on the work and outcomes of the Devon Housing Task Force, including the matter of premium and second homes Council Tax, which had been the subject of debate at the last Council meeting.

     

    He also commented verbally on the current position with the Devon Devolution Deal, advising the Council that he has seen the Minister in the previous week. He commented on the position in other Authorities, the tiers being considered and the position with elected mayors as part of these deals.

     

    He responded to questions on affordable and social housing.

     

     

    (b)       Highway Management

     

    Councillor Hughes circulated a Report, as requested by Councillor Biederman, on planning for road works and utility works and the authorisation and process of obtaining permits and minimisation of congestion.

     

    He also responded in the Report to Councillor Connett on road re-surfacing schemes in Kenton and Starcross and timescales to be undertaken.

     

    The Report covered Police enforcement of 20mph and 30mph speed zones in Devon, with or without traffic calming measures, and Exeter City Council bylaws, as requested by Councillor Hannaford. He gave a further update on recent Police activity for speed detection in both Exeter and Kenton and the further recruitment of speed detection officers.

     

    The Cabinet Members Report also responded to Councillor Wrigley regarding the recent cold and wet weather and its impact on potholes in the roads, including issues such as emergency fixes, claims, repeated pothole fixes, economics of pothole repairs and economic impact of increased potholes and flooding and budgets for Gully clearance and Gully cleaning cycles. He undertook to provide further information on repeated pothole reinstatements.

     

    He responded to questions on community speedwatch schemes and their operation in 20mph areas.

     

     

    (c)       Climate Change, Environment and Transport

     

    Councillor Davis circulated a Report, as requested by Councillor Hannaford on the year-long trial in Kehelland Village School which had been using vegetable oil to heat its premises. It was asked if similar trials were being considered in Devon schools.

     

    The Report also covered action taken by the Council to ensure developers and other operators regularly and properly cleaned the roads of mud in the area around development works at South West Exeter/Exminster, as requested by Councillor Connett.

     

    She had been further asked to Report on the Traffic Commissioner's sanctions and actions with Stagecoach, the current work being done to look at a potential bus franchising scheme in Devon, delays to Marsh Barton Railway Station and Stagecoach reductions on services to St Peters school in Exeter; all matters requested by Councillor Hannaford.

     

    She also responded to questions on the cost of fuel and park homes, HVO fuel systems and entitlement to support, complaints on bus services and capacity on the transport  ...  view the full minutes text for item 183.

    184.

    Minutes pdf icon PDF 109 KB

    To receive and adopt and / or approve the Minutes of the under mentioned Committees

     

    Additional documents:

    Decision:

    In accordance with Standing Order 13(2), the Chair of the Council MOVED and it was duly SECONDED that the Minutes of the undermentioned meetings of Committees be endorsed.

     

    Appeals Committee                                     -           5 December 2022 and 9

    January 2023

    Development Management Committee    -           7 December 2022

    Appointments, Remuneration and

    Chief Office Conduct Committee               -           2 February 2023

    Procedures Committee                               -           2 February 2023

    (including Minute 29 and approval of the recommendations of the Independent Remuneration Panel to increase Members Allowances in line by 4.32%)

     

    Health & Adult Care Scrutiny (ordinary)   -           20 January 2023

    Children’s Scrutiny (ordinary)                    -           26 January 2023

    Corporate Infrastructure & Regulatory     -           30January 2023

    Services Scrutiny (ordinary)

     

    The Motion was put to the vote and declared CARRIED.

    Minutes:

    In accordance with Standing Order 13(2), the Chair of the Council MOVED and it was duly SECONDED that the Minutes of the undermentioned meetings of Committees be endorsed.

     

    Appeals Committee                                     -           5 December 2022 and 9

    January 2023

    Development Management Committee    -           7 December 2022

    Appointments, Remuneration and

    Chief Office Conduct Committee               -           2 February 2023

    Procedures Committee                               -           2 February 2023

    (including Minute 29 and approval of the recommendations of the Independent Remuneration Panel to increase Members Allowances in line by 4.32%)

     

    Health & Adult Care Scrutiny (ordinary)   -           20 January 2023

    Children’s Scrutiny (ordinary)                    -           26 January 2023

    Corporate Infrastructure & Regulatory     -           30 January 2023

    Services Scrutiny (ordinary)

     

    The Motion was put to the vote and declared CARRIED.

    185.

    Istanbul Convention to Prevent and Combat Violence against Women and Girls and Article 59 (Minute 168 - 8 December 2022)

    To receive and consider the recommendations of the Cabinet (Minute 270(a)) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Atkinson and referred thereto in accordance with Standing Order 8(2), namely 

     

    On 1st November the UK’s ratification of the Istanbul convention to prevent and combat violence against women and girls and domestic violence finally came into force.

     

    However, the Government has reserved article 59 of the treaty opting out of protecting migrant women. By quietly reserving article 59 of the treaty, the Government is still failing some of the most vulnerable women living in Devon: migrant women.

     

    The Government’s National Statement of Expectations on Domestic Violence sets out what local areas like Devon need to put in place to ensure their response to Violence against Women and Girls (VAWG) issues is as collaborative, robust and effective as it can be so that all victims and survivors can get the help they need. The Home Office expects to see local strategies and services that, amongst other things, put the victim at the centre of service delivery.

     

    This Council believes:

     

    ·         The Devon County Council and UK Government not being obliged to provide VAWG support and protection to migrant women effectively reinforces the two-tier system of support for victims, as some remain discriminated against because of their migration status.

    ·         The Government must immediately remove the reservation to this article and provide equal protection for every woman in need, irrespective of migration status. 

    ·         All women, regardless of where they come from, deserve protection against violence. 

    ·         That DCC resolves to make available to migrant women in Devon services and support that it provides for other women.

     

    Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (LDS/23/1) and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

     

    that Council is committed to ensuring that victims presenting for

    domestic abuse support by local services commissioned by DCC receive the support they need and are not disadvantaged because of their status and therefore the Council will:

     

    (a) work with local providers to explore how we can further improve access to support and services to be completely assured that no one is turned away on the basis of their immigration status;

     

    (b) work with colleagues to understand how the issue presents itself in Devon within local migrant and settling communities (including those seeking asylum, those housed under the homes for Ukraine scheme and those housed in Home Office hotels, bridging hotels and in resettlement schemes);

     

    (c) engage with organisations that already support and others that may be in a position to support this group to identify solutions that may minimise the impact of the reservation of Article 59 and ensure access to bespoke support; and

     

    (d) create an opportunity to look at this issue in the context of the wider

    system and engage stakeholders, particularly DWP, housing, health, generic support services, police and adult and children  ...  view the full agenda text for item 185.

    Additional documents:

    Decision:

    Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and 

     

    that Council is committed to ensuring that victims presenting for domestic abuse support by local services commissioned by DCC receive the support they need and are not disadvantaged because of their status and therefore the Council will:

     

    (a) work with local providers to explore how we can further improve access to support and services to be completely assured that no one is turned away on the basis of their immigration status;

     

    (b) work with colleagues to understand how the issue presents itself in Devon within local migrant and settling communities (including those seeking asylum, those housed under the homes for Ukraine scheme and those housed in Home Office hotels, bridging hotels and in resettlement schemes);

     

    (c) engage with organisations that already support and others that may be in a position to support this group to identify solutions that may minimise the impact of the reservation of Article 59 and ensure access to bespoke support; and

     

    (d) create an opportunity to look at this issue in the context of the wider

    system and engage stakeholders, particularly DWP, housing, health, generic support services, police and adult and children social care, in this conversation focused on increasing awareness and developing shared solutions’

                           

    The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED and subsequently thereafter also CARRIED as the substantive motion.

    Minutes:

    Pursuant to County Council Minute 168 of 8 December 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Barnes on behalf of Councillor Atkinson: 

                           

    On 1st November the UK’s ratification of the Istanbul convention to prevent and combat violence against women and girls and domestic violence finally came into force.

     

    However, the Government has reserved article 59 of the treaty opting out of protecting migrant women. By quietly reserving article 59 of the treaty, the Government is still failing some of the most vulnerable women living in Devon: migrant women.

     

    The Government’s National Statement of Expectations on Domestic Violence sets out what local areas like Devon need to put in place to ensure their response to Violence against Women and Girls (VAWG) issues is as collaborative, robust and effective as it can be so that all victims and survivors can get the help they need. The Home Office expects to see local strategies and services that, amongst other things, put the victim at the centre of service delivery.

     

    This Council believes:

     

    ·         The Devon County Council and UK Government not being obliged to provide VAWG support and protection to migrant women effectively reinforces the two-tier system of support for victims, as some remain discriminated against because of their migration status.

    ·         The Government must immediately remove the reservation to this article and provide equal protection for every woman in need, irrespective of migration status. 

    ·         All women, regardless of where they come from, deserve protection against violence. 

    ·         That DCC resolves to make available to migrant women in Devon services and support that it provides for other women.

     

    and having had regard to the advice of the Cabinet set out in Minute 270(a) of 11 January 2023:

     

    Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and 

     

    ‘that Council is committed to ensuring that victims presenting for domestic abuse support by local services commissioned by DCC receive the support they need and are not disadvantaged because of their status and therefore the Council will:

     

    (a) work with local providers to explore how we can further improve access to support and services to be completely assured that no one is turned away on the basis of their immigration status;

     

    (b) work with colleagues to understand how the issue presents itself in Devon within local migrant and settling communities (including those seeking asylum, those housed under the homes for Ukraine scheme and those housed in Home Office hotels, bridging hotels and in resettlement schemes);

     

    (c) engage with organisations that already support and others that may be in a position to support this group to identify solutions that may minimise the impact of the reservation of Article 59 and ensure access to bespoke support; and

     

    (d) create an opportunity to look at this issue in the context of the wider

    system and engage stakeholders, particularly DWP, housing, health, generic support services, police and adult and children social care, in  ...  view the full minutes text for item 185.

    186.

    Stop Shortchanging Devon - Save our Services (Minute 170 - 8 December 2022)

    To receive and consider the recommendations of the Cabinet (Minute 270(b)) as an amendment to the following Notice of Motion submitted previously to the Council by Councillor Brazil and referred thereto in accordance with Standing Order 8(2), namely 

     

    ‘While the Conservative Leader of Devon County Council reports that the authority's 'financial situation has never been so bleak as it is now', the Government has slashed the surcharge paid by UK banks from 8% to just 3% and lifted the threshold before the levy is even paid from £25million to £100million.

     

    Yet again, while local government faces huge challenges to support the most vulnerable in our community and maintaining services, it is not increasing support to Councils that is at the forefront of the Conservatives in Government, but helping their banker mates.

     

    The Cost of Chaos budget from short-lived Prime Minister Liz Truss which sparked the mortgage interest rate rise has also helped boost Bank earnings with NatWest, Santander, HSBC and Barclays, among others, reporting their earnings boosted in the last quarter as mortgage rates surged.

     

    And while energy companies, fat on the profits of record increases in the price of gas and electricity, were slapped with a windfall tax, the Conservative Chancellor decided not to do the same for banks.

     

    Devon County Council believes the budget delivered by Chancellor Jeremy Hunt was a very poor deal for the people of Devon and has done nothing to address the real terms cut of 72% in core funding for Devon in the 11 years to 2021/22. Cuts now being considered by the county council are a direct result of the Government's failure to support this authority and the Leader is instructed to write again to the Chancellor and Prime Minister setting out the devastating impacts for Devon and to call, once more, for fair funding for Devon’.

     

    Having had regard to the aforementioned, any factual briefing/position statement on the matter set out in Report (LDS/22/1) and other suggestions or alternatives considered at that meeting the Cabinet subsequently resolved:

     

    that Council be asked to;

     

    (a) note the concerns expressed in the Notice of Motion regarding the fair funding of Services; and

     

    (b) continue County Council’s lobbying campaign, working in partnership with Devon MPs, the LGA and CCN on matters of common concern and in the best interests of the people of Devon.’

    Additional documents:

    Decision:

    Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council;

     

    (a) note the concerns expressed in the Notice of Motion regarding the fair funding of Services; and

     

    (b) continue County Council’s lobbying campaign, working in partnership with Devon MPs, the LGA and CCN on matters of common concern and in the best interests of the people of Devon.’

     

    The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED and subsequently thereafter also CARRIED as the substantive motion.

    Minutes:

    Pursuant to County Council Minute 170 of 8 December 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded by Councillor Brazil that: 

                           

    ‘While the Conservative Leader of Devon County Council reports that the authority's 'financial situation has never been so bleak as it is now', the Government has slashed the surcharge paid by UK banks from 8% to just 3% and lifted the threshold before the levy is even paid from £25million to £100million.

     

    Yet again, while local government faces huge challenges to support the most vulnerable in our community and maintaining services, it is not increasing support to Councils that is at the forefront of the Conservatives in Government, but helping their banker mates.

     

    The Cost of Chaos budget from short-lived Prime Minister Liz Truss which sparked the mortgage interest rate rise has also helped boost Bank earnings with NatWest, Santander, HSBC and Barclays, among others, reporting their earnings boosted in the last quarter as mortgage rates surged.

     

    And while energy companies, fat on the profits of record increases in the price of gas and electricity, were slapped with a windfall tax, the Conservative Chancellor decided not to do the same for banks.

     

    Devon County Council believes the budget delivered by Chancellor Jeremy Hunt was a very poor deal for the people of Devon and has done nothing to address the real terms cut of 72% in core funding for Devon in the 11 years to 2021/22. Cuts now being considered by the county council are a direct result of the Government's failure to support this authority and the Leader is instructed to write again to the Chancellor and Prime Minister setting out the devastating impacts for Devon and to call, once more, for fair funding for Devon’.

     

    and having had regard to the advice of the Cabinet set out in Minute 270(b) of 11 January 2023:

     

    Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and that Council;

     

    (a) note the concerns expressed in the Notice of Motion regarding the fair funding of Services; and

     

    (b) continue County Council’s lobbying campaign, working in partnership with Devon MPs, the LGA and CCN on matters of common concern and in the best interests of the people of Devon.’

     

    The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED and subsequently thereafter also CARRIED as the substantive motion.

    187.

    Voter Photo ID requirement (Minute 171 / 172 - 8 December 2022)

    To receive and consider the recommendations of the Cabinet (Minute 270(c)) as an amendment to the following Notice of Motion submitted previously to the Council (Councillor’s Wrigley and Bailey agreed to merge two separate motions on the same matter, the composite wording outlined below as accepted by Council) and referred thereto in accordance with Standing Order 8(2), namely 

     

    The Government has recently introduced a requirement for photographic identification before electors are to be permitted to vote.

     

    This is to take effect for all elections from May 2023. 

     

    Devon condemns the introduction of the requirement for Voter Photo ID and considers that the introduction of photographic ID for elections is completely unnecessary, as voter fraud is extremely rare, and at the last count, a single prosecution was taken forward on the matter. The move would have the effect of suppressing voter participation in democratic processes.

     

    The requirement for Voter Photo ID will disenfranchise anyone without a UK Driving Licence or Passport in their hands at the time of voting.  The range of additional acceptable IDs is limited and skewed towards the elderly.

     

    The Council considers that the new rules would place a considerable burden on Returning Officers, Presiding Officers, and polling staff who would have to adjudicate on identification issues. Staff at polling stations would inevitably have to deal with angry would-be voters turned away from the polling stations. Furthermore, District councils are expected to deliver free IDs with no funding or guidance yet issued, despite it being less than six months until the elections.

     

    The Association of Electoral Administration considers that the timelines for the new rules under the Elections Act ‘are optimistic at best, undeliverable at worst’. Details of how voters without photographic ID can apply for a 'Voter Authority Certificate' has not even been published yet.

     

    The move could suppress the number of residents who should be able to vote, which does not reflect British standards for democracy and respect for voters.

     

     

    Motion

      

    The Council therefore agrees;  

     

    1.  To ask the Local Government Association (LGA) and the County Council Network (CCN) to raise the matter with the Secretary of State for Levelling Up, Housing and Communities expressing its great concern about the proposed use of photographic identification for May 2023 elections.  

     

    2.  In particular the Council stresses its concern about the procedures to be introduced, which will have a disproportionately detrimental impact on younger voters for whom the procedures will be more challenging than for older voters. The Council asks the LGA and the CCN to press the Government to actively seek to encourage young people to participate in elections, not to place obstacles in the way of young would-be voters. 

     

    3. Asks the LGA and the CCN to press the Secretary of State not to introduce voter photographic identification for the scheduled 2023 elections. The Council also asks the LGA and the CCN to urge the Secretary of State to engage in debate with the LGA and CCN about the need for voter photographic identification, and should  ...  view the full agenda text for item 187.

    Additional documents:

    Decision:

    Councillor Hart MOVED and Councillor McInnes SECONDED that the Cabinet’s advice be accepted and

     

    (a) that Council note the concerns raised by the Notice of Motion, in particular the additional requirements on Local Authorities to deliver Voter ID in a short timescale and also the additional financial costs at a time when budgets are constrained and squeezed;

     

    (b) that Council shares the concern of the Local Government Association, as articulated by its Chair, Cllr James Jamieson and further supports its view of the Gould Principle whereby electoral law should not be changed within six months of an election that the change would impact; and

     

    (c) therefore, Council agrees to write to the LGA outlining its support of the LGA’s position and that the letter be copied to the CCN and the Devon MP’s.

               

    The amendment in the name of Councillor Hart was then put to the vote and declared CARRIED and subsequently thereafter also CARRIED as the substantive motion.

    Minutes:

    Pursuant to County Council Minute 171 and 172 of 8 December 2022 relating to the Notice of Motion set out below as previously submitted and formally moved and seconded (Councillor’s Wrigley and Bailey agreed to merge two separate motions on the same matter, the composite wording outlined below as accepted by Council): 

                           

    The Government has recently introduced a requirement for photographic identification before electors are to be permitted to vote.

     

    This is to take effect for all elections from May 2023. 

     

    Devon condemns the introduction of the requirement for Voter Photo ID and considers that the introduction of photographic ID for elections is completely unnecessary, as voter fraud is extremely rare, and at the last count, a single prosecution was taken forward on the matter. The move would have the effect of suppressing voter participation in democratic processes.

     

    The requirement for Voter Photo ID will disenfranchise anyone without a UK Driving Licence or Passport in their hands at the time of voting.  The range of additional acceptable IDs is limited and skewed towards the elderly.

     

    The Council considers that the new rules would place a considerable burden on Returning Officers, Presiding Officers, and polling staff who would have to adjudicate on identification issues. Staff at polling stations would inevitably have to deal with angry would-be voters turned away from the polling stations. Furthermore, District councils are expected to deliver free IDs with no funding or guidance yet issued, despite it being less than six months until the elections.

     

    The Association of Electoral Administration considers that the timelines for the new rules under the Elections Act ‘are optimistic at best, undeliverable at worst’. Details of how voters without photographic ID can apply for a 'Voter Authority Certificate' has not even been published yet.

     

    The move could suppress the number of residents who should be able to vote, which does not reflect British standards for democracy and respect for voters.

     

    Motion

      

    The Council therefore agrees;  

     

    1.  To ask the Local Government Association (LGA) and the County Council Network (CCN) to raise the matter with the Secretary of State for Levelling Up, Housing and Communities expressing its great concern about the proposed use of photographic identification for May 2023 elections.  

     

    2.  In particular the Council stresses its concern about the procedures to be introduced, which will have a disproportionately detrimental impact on younger voters for whom the procedures will be more challenging than for older voters. The Council asks the LGA and the CCN to press the Government to actively seek to encourage young people to participate in elections, not to place obstacles in the way of young would-be voters. 

     

    3. Asks the LGA and the CCN to press the Secretary of State not to introduce voter photographic identification for the scheduled 2023 elections. The Council also asks the LGA and the CCN to urge the Secretary of State to engage in debate with the LGA and CCN about the need for voter photographic identification, and should it be concluded that it is  ...  view the full minutes text for item 187.

    188.

    Protect the Right to Free Camp on Dartmoor

    Councillor Wrigley to move:

     

    Devon County Council joins with the thousands of Devon residents and is beyond shocked and appalled by the effective ban on wild camping on Dartmoor arising from a recent court decision.

     

    This Council supports Dartmoor National Park in its rightful and spirited defence of wild camping, a right enjoyed by generations of local people and visitors.

     

    Council condemns the loss of this right and calls on Government to enact urgent legislation to reinstate wild camping and protect the rights of people to fully enjoy Dartmoor.

     

    Council asks the Leader and Chief Exec to write in the strongest terms to Members of Parliament for Devon, the relevant Secretaries of State and the Prime Minister urging them to act to restore the right to wild camp on Dartmoor.

    Additional documents:

    Decision:

    In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

    Minutes:

    Councillor Wrigley MOVED and Councillor Brazil SECONDED

     

    Devon County Council joins with the thousands of Devon residents and is beyond shocked and appalled by the effective ban on wild camping on Dartmoor arising from a recent court decision.

     

    This Council supports Dartmoor National Park in its rightful and spirited defence of wild camping, a right enjoyed by generations of local people and visitors.

     

    Council condemns the loss of this right and calls on Government to enact urgent legislation to reinstate wild camping and protect the rights of people to fully enjoy Dartmoor.

     

    Council asks the Leader and Chief Exec to write in the strongest terms to Members of Parliament for Devon, the relevant Secretaries of State and the Prime Minister urging them to act to restore the right to wild camp on Dartmoor.

     

    In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

    189.

    Forced Installation of Prepayment Meters

    Councillor Atkinson to move:

     

    Citizens advice says across the UK 3.2 million people on prepay meters were left with cold and dark homes last year as they ran out of credit. Also 600,000 people were switched from credit meters to prepay in 2022, compared with 380,000 in 2021. With more freezing weather forecast we welcome British Gas announcement that it will halt the use of warrants to install prepayment meters.

     

    This Council

     

    1.  calls on Government to urgently review how energy vulnerability can be reduced including considering extra financial support for struggling households; and

     

    2.  calls on energy suppliers to agree a three-month moratorium on the installations of gas or electricity prepayment meters including freeze on the use of court warrants to gain entry to homes to fit prepay meters, or automatic switching of smart meters onto prepayment ones.

    Additional documents:

    Decision:

    In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

    Minutes:

    Councillor Atkinson MOVED and Councillor Adams SECONDED that in accordance with Standing Order 6(6), the Notice of Motion submitted by Councillor Atkinson be considered at this meeting.

     

    The Motion was put to the vote and declared LOST.

     

    Councillor Atkinson then MOVED and Councillor Adams SECONDED

     

    Citizens advice says across the UK 3.2 million people on prepay meters were left with cold and dark homes last year as they ran out of credit. Also 600,000 people were switched from credit meters to prepay in 2022, compared with 380,000 in 2021. With more freezing weather forecast we welcome British Gas announcement that it will halt the use of warrants to install prepayment meters.

     

    This Council

     

    1.  calls on Government to urgently review how energy vulnerability can be reduced including considering extra financial support for struggling households; and

     

    2.  calls on energy suppliers to agree a three-month moratorium on the installations of gas or electricity prepayment meters including freeze on the use of court warrants to gain entry to homes to fit prepay meters, or automatic switching of smart meters onto prepayment ones.

     

    In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

    190.

    Special Education Needs (SEND) Budgets and Deficits

    Councillor Atkinson to move:

     

    Councils like DCC use the high needs funding block of the DSG to fund statutory Special Education Needs provision as required by law.  Since its introduction the government has repeatedly refused to fund this adequately. This has meant that to meet its statutory duty DCC has spent £127m from reserves to fund this. The Government has allowed Councils like DCC to keep ever increasing deficits on spending for children with special educational needs and disabilities off their balance sheets and has approved an extension of this for a further three years. The Government’s local government finance policy statement published in December says that the statutory override for the Dedicated Schools Grant (DSG) will be extended for the next three years, from 2023-24 to 2025-26.

     

    This money has already been spent on SEND services by DCC to the tune of £127m by the end of this financial year. Across the UK the total deficit by all councils is expected to be £2.3bn which the government is refusing to fund.  This deficit in Devon will only increase and can only be met out of our reserves or borrowing. Our reserves have already been run down to breaking point and the deficit has arisen as a result of the government’s withdrawal of £135 m of Revenue Support Grant and inadequate funding in the DSG. 

     

    The statutory override means that any DSG deficits are not included in DCC Council’s main revenue budgets. It also means that £127m is now unavailable to invest to save in much needed capital projects to benefit Devon residents.

     

    The Government has said it may consent to a capitalisation of some or all of this deficit. This means that DCC would have to take out long-term borrowing at current interest rates of up to £127m so that the borrowed money could be available for capital spending on projects in Devon. It is contrary to local government law for us to do this without consent and it is also contrary to good economic planning to borrow money (other than in the short term by way of an overdraft) to be spent to pay off deficits for revenue spending or to fund revenue services.   People in Devon would in effect be asked through their council tax to fund the paying off of this revenue debt run up by the government’s refusal to fund SEND services.  This loan would to be repaid over say 25 years.  This means our residents their children or grandchildren will be paying through council tax to pay off the capital and interest on the loan for services that they obtained no benefit from as they have already been provided before the loan was taken out.

     

    This Council

     

    1. Calls on the government to pay DCC £127m, for this SEND deficit in 2023 so that this money can be used to invest in Devon.

    2. Believes it is wrong for government to expect local authorities like Devon to borrow money on capital markets to fund  ...  view the full agenda text for item 190.

    Additional documents:

    Decision:

    In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

    Minutes:

    Councillor Atkinson MOVED and Councillor Whitton SECONDED

     

    Councils like DCC use the high needs funding block of the DSG to fund statutory Special Education Needs provision as required by law.  Since its introduction the government has repeatedly refused to fund this adequately. This has meant that to meet its statutory duty DCC has spent £127m from reserves to fund this. The Government has allowed Councils like DCC to keep ever increasing deficits on spending for children with special educational needs and disabilities off their balance sheets and has approved an extension of this for a further three years. The Government’s local government finance policy statement published in December says that the statutory override for the Dedicated Schools Grant (DSG) will be extended for the next three years, from 2023-24 to 2025-26.

     

    This money has already been spent on SEND services by DCC to the tune of £127m by the end of this financial year. Across the UK the total deficit by all councils is expected to be £2.3bn which the Government is refusing to fund.  This deficit in Devon will only increase and can only be met out of our reserves or borrowing. Our reserves have already been run down to breaking point and the deficit has arisen as a result of the Government’s withdrawal of £135 m of Revenue Support Grant and inadequate funding in the DSG. 

     

    The statutory override means that any DSG deficits are not included in DCC Council’s main revenue budgets. It also means that £127m is now unavailable to invest to save in much needed capital projects to benefit Devon residents.

     

    The Government has said it may consent to a capitalisation of some or all of this deficit. This means that DCC would have to take out long-term borrowing at current interest rates of up to £127m so that the borrowed money could be available for capital spending on projects in Devon. It is contrary to local government law for us to do this without consent and it is also contrary to good economic planning to borrow money (other than in the short term by way of an overdraft) to be spent to pay off deficits for revenue spending or to fund revenue services.   People in Devon would in effect be asked through their council tax to fund the paying off of this revenue debt run up by the Government’s refusal to fund SEND services.  This loan would to be repaid over, say, 25 years.  This means our residents their children or grandchildren will be paying through council tax to pay off the capital and interest on the loan for services that they obtained no benefit from as they have already been provided before the loan was taken out.

     

    This Council

     

    1. Calls on the Government to pay DCC £127m, for this SEND deficit in 2023 so that this money can be used to invest in Devon.

    2. Believes it is wrong for Government to expect local authorities like Devon to borrow money on capital  ...  view the full minutes text for item 190.

    191.

    Dartmoor National Park

    Councillor Barnes to move:

     

    In January, the right to backpack camp on certain common land in Dartmoor National Park without permission from the landowner was lost after a wealthy landowner took the park authority to court. It was the last place in England and Wales where there was a right to backpack camp. Under an agreement reached, the National Park Authority will now have to pay landowners an unknown fee for permission to camp on land that private landowners are willing to put forward. 

     

                This Council believes that

     

                  Dartmoor National Park provides many opportunities for all of Devon’s residents to responsibly enjoy and protect our great open spaces

                  The ancient right to sleep under the stars on Dartmoor should be protected for future generations

     

    This Council resolves to

     

                  Criticise the decision made to restrict the right to backpack camp on Dartmoor National Park

                  Robustly defend the right to backpack responsibly on appropriate land by expressing support for Dartmoor National Park’s appeal

                  Write to the government to urge them to adopt Labour’s pledge to enshrine the right to roam in law.

    Additional documents:

    Decision:

    In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.

    Minutes:

    Councillor Barnes MOVED and Councillor Atkinson SECONDED

     

    In January, the right to backpack camp on certain common land in Dartmoor National Park without permission from the landowner was lost after a wealthy landowner took the Park Authority to court. It was the last place in England and Wales where there was a right to backpack camp. Under an agreement reached, the National Park Authority will now have to pay landowners an unknown fee for permission to camp on land that private landowners are willing to put forward. 

     

                This Council believes that

     

                  Dartmoor National Park provides many opportunities for all of Devon’s residents to responsibly enjoy and protect our great open spaces

                  The ancient right to sleep under the stars on Dartmoor should be protected for future generations

     

    This Council resolves to

     

                  Criticise the decision made to restrict the right to backpack camp on Dartmoor National Park

                  Robustly defend the right to backpack responsibly on appropriate land by expressing support for Dartmoor National Park’s appeal

                  Write to the Government to urge them to adopt Labour’s pledge to enshrine the right to roam in law

     

    In accordance with Standing Order 6(6) the Notice of Motion was referred, without discussion, to the Cabinet for consideration.


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