Agenda item

Report of the County Solicitor (CS/16/27) on the Notices of Motion referred to the Cabinet by the County Council on 28 July 2016, incorporating relevant briefing notes to facilitate the Cabinet’s discussion of the matters raised, attached

The Cabinet considered the Report of the County Solicitor (CS/16/27) relating to those Notices of Motion set out hereunder submitted to the County Council by the Councillors shown incorporating any factual briefings or position statements on each prepared by the relevant Head of Service to facilitate the Cabinet’s discussion of each Notice of Motion.

(a)  State Pension Arrangements for Women

[All Members of the Council had been granted a dispensation to allow them to speak and vote in any debate on this matter by virtue of being in receipt of or affected by any changes to the state pension provision]

(Councillor Connett attended in accordance with Standing Order 8 and Councillors Biederman, Julian and Westlake in accordance with 25(2) and spoke to this item).

The following Notice of Motion submitted to the County Council by Councillor Connett had been referred to the Cabinet in accordance with Standing Order 8(2), for consideration or  referral to another committee and to subsequently make a recommendation back to the Council:

"The Council calls upon the Government to make fair transitional state pension arrangements for all women born on or after 6th April 1951, who have unfairly borne the burden of the increase to the State Pension Age (SPA) with lack of appropriate notification.

Hundreds of thousands of women had significant pension changes imposed on them by the Pensions Acts of 1995 and 2011 with little/no/personal notification of the changes. Some women had only two years notice of a six-year increase to their state pension age.

Many women born in the 1950's are living in hardship. Retirement plans have been shattered with devastating consequences. Many of these women are already out of the labour market, caring for elderly relatives, providing childcare for grandchildren, or suffer discrimination in the workplace so struggle to find employment. Women born in this decade are suffering financially. These women have worked hard, raised families and paid their tax and national insurance with the expectation that they would be financially secure when reaching 60. It is not the pension age itself that is in dispute - it is widely accepted that women and men should retire at the same time. The issue is that the rise in the women's state pension age has been too rapid and has happened without sufficient notice being given to the women affected, leaving women with no time to make alternative arrangements.

The Council calls upon the Government to reconsider transitional arrangements for women born on or after 6th April 1951, so that women do not live in hardship due to pension changes they were not told about until it was too late to make alternative arrangements.”

The Mover of the Notice of Motion having spoken to his proposal the matter was subsequently debated having regard to the aforementioned, the relevant Head of Service’s factual briefing/position statement on the matter, the relevant Cabinet Members’ willingness to endorse appropriate  representations being made and action already taken so to do and any suggestions or alternatives or other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact) and:

It was MOVED by Councillor Hart, SECONDED by Councillor Clatworthy, and

RESOLVED that, in accordance with Standing Orders 6 & 8, the County Council be recommended to approve the Notice of Motion and make representations to the Secretary of State for Work & Pensions and advise Devon Members of Parliament accordingly.

[NB:  Devon’s MPs had been asked at meetingswith the Leader of the County Council on 12/13 September 2016 to make appropriate representations to Government . See also responses to Questions referred to at Minute *73 above and representations incorporated therein from members of the public]

(b)  Term Time Leave and Fines for Parents

(Councillor Greenslade attended in accordance with Standing Order 8 and Councillors Biederman, Brazil and Hannan in accordance with 25(2) and spoke to this item).

The following Notice of Motion submitted to the County Council by Councillor Greenslade had been referred to the Cabinet in accordance with Standing Order 8(2), for consideration or  referral to another committee and to subsequently make a recommendation back to the Council:

“County Council expresses concern at the incidences of fines being levied on parents who take their children out of school during term time. Accordingly County Council requests the People’s Scrutiny Committee to consider current guidelines used to decide whether a fine is appropriate. In the meanwhile no new fines should be levied until this review is completed!.”

The Mover of the Notice of Motion having spoken to his proposal the matter was subsequently debated having regard to the aforementioned, the relevant Head of Service’s factual briefing/position statement on the matter and any suggestions or alternatives or other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact) and:

It was MOVED by Councillor Hart, SECONDED by Councillor Clatworthy, and

RESOLVED that while it is not necessary for Cabinet to specifically endorse any Members’ suggestion or request for a Scrutiny Committee to undertake any particular piece of work or activity, the Cabinet (i) is content for the People’s Scrutiny Committee to look at this matter, (ii) endorse the current practice (outlined in Part (b) of Report CS/16/27) until such time as the law is clarified and (iii) advise the Council that by dint of so doing the Notice of Motion has been effected and the views of the Scrutiny Committee will necessarily be considered by the Cabinet in due course.

(c)  Planning Advice from Council Officers

(Councillor Greenslade declared a personal interest in this matter by virtue of being a Member of North Devon Council, the Devon and Somerset Fire Authority and relatives working and living in the area. Councillor Biederman also declared a personal interest in this matter by virtue of being a Member of North Devon Council and its Planning Committee).

(Councillor Greenslade attended in accordance with Standing Order 8 and Councillors Biederman, Brazil, Connett, Julian and Westlake in accordance with 25(2) and spoke to this item).

The following Notice of Motion submitted to the County Council by Councillor Greenslade had been referred to the Cabinet in accordance with Standing Order 8(2), for consideration or  referral to another committee and to subsequently make a recommendation back to the Council:

“County Council expresses the view that in giving planning advice DCC Officers should give priority to providing balanced advice rather than the advice being given to “facilitate development”.

The Mover of the Notice of Motion having spoken to his proposal the matter was subsequently debated having regard to the aforementioned, the relevant Head of Service’s factual briefing/position statement on the matter and any suggestions or alternatives or other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact) and:

It was MOVED by Councillor Hart, SECONDED by Councillor Clatworthy, and

RESOLVED that in accordance with Standing Orders 6 & 8, the County Council be recommended to take no further action on  the Notice of Motion recognising that within the context of the County Council’s planning-related functions and national planning policy, it was appropriate for the Council to provide planning application consultation responses which aim to facilitate development identified in the Local Plan (i.e. deemed by an independent Inspector as appropriate) and potentially other sustainable development sites recognising the need also to continue to give full weight to the individual and cumulative impact of proposed development.