Agenda item - Notices of Motion

The following Notices of Motion submitted to the County Council by the following Councillors have been referred to the Cabinet in accordance with Standing Order 8(2) for consideration, to refer it to another Committee or make a recommendation back to the Council:

(a) Gaza Crisis - Councillor Dewhirst

(b) Box Shifting – Councillor Adams

(c) Local Government and Social Care Ombudsman (LGSCO) findings on Special Educational Needs and the Role of Scrutiny - Councillor Bailey

(d) Hospiscare Funding - Councillor Atkinson

(e) Humanitarian Emergency in Gaza’ - Councillor Atkinson

(f) Austerity and Cuts to Local Government Funding - Councillor Atkinson

(g) Devon Residents Deserve Clean Rivers and Beaches - Councillor Leaver

(a) Gaza Crisis - Councillor Dewhirst

RESOLVED that Council be recommended to:

(a) support the Government in its efforts to find a ceasefire solution in this situation;

(b) express solidarity with the innocent people directly affected by the ongoing situation in Israel and Gaza;

(c) pay tribute to the humanitarian aid workers who remain committed to their work, despite the dangers to their health and their lives; and

(d) continue to work with the Devon and Cornwall Police and local communities to ensure Devon’s residents are safe.

(b) Box Shifting – Councillor Adams

RESOLVED that County Council asks the Director of Finance and Public Value to liaise with the Districts in Devon, as the billing authorities in the County for business rates, to explore whether there is a concern around the scale of empty property rates relief in Devon and assess whether the practice of ‘box shifting’ is an issue locally. This will inform any further information and recommendations to the Cabinet Member for Finance for further consideration.

(c) Local Government and Social Care Ombudsman (LGSCO) findings on Special Educational Needs and the Role of Scrutiny - Councillor Bailey

RESOLVED that the County Council supports the independence of Scrutiny in carrying out the important role of critical friend challenge whilst recognising the importance of taking an evidence-based approach to work programming and asks the Chairs and Vice Chairs Committee to consider if the current approach to incorporating Local Government Ombudsman reports is as comprehensive as it needs to be.

(d) Hospiscare Funding - Councillor Atkinson

RESOLVED that in line with the LGA guidance to local authorities on EoLC, Council ask the Health and Adult Care Scrutiny Committee and / or the Health and Wellbeing Board to review the recommendations and:

(a) explore the quality of end-of-life care in the area, on an annual basis, including how end of life care and support is experienced by different communities in their area;

(b) seek assurance that key responsibilities under the Care Act are being delivered and also that processes, such as those around NHS Continuing Health Care, are effective and person-centred; and

(c) consider whether there is a role for an elected member end of life care champion role to raise the profile of end-of-life care across the council and with partners.

(e) Humanitarian Emergency in Gaza’ - Councillor Atkinson

RESOLVED that Council be recommended to:

(a) support the Government in its efforts to find a ceasefire solution in this situation;

(b) express solidarity with the innocent people directly affected by the ongoing situation in Israel and Gaza;

(c) pay tribute to the humanitarian aid workers who remain committed to their work, despite the dangers to their health and their lives; and

(d) continue to work with the Devon and Cornwall Police and local communities to ensure Devon’s residents are safe.

(f) Austerity and Cuts to Local Government Funding - Councillor Atkinson

RESOLVED that County Council be recommended to respond to the consultation on the Provisional Settlement for 2024/25 explaining the implications of the settlement for Devon and engages with the LGA and Society of County Treasurers to ensure the financial challenges faced by local government will continue to be represented to Government to inform the next Spending Review.

(g) Devon Residents Deserve Clean Rivers and Beaches - Councillor Leaver

(Councillor Hart declared a disclosable pecuniary interest in this matter, due to being in negotiations with South West Water and left the room during the debate)

RESOLVED that Council be recommended to

(a) note that the ongoing problem of poor water quality in Devon impacts on our local communities, economies and environment across the county; and

(b) urge all those with a specific role, including South West Water, the Environment Agency, Ofwat and central government, to pursue relevant action to adequately address this problem.

(a) Gaza Crisis - Councillor Dewhirst

(Councillor Dewhirst attended in accordance with Standing Order 8 and Councillors Leaver and Whitton in accordance with 25(2) and spoke to this item).

The wording of the motion is outlined below.

Council condemns the awful terrorist attacks carried out by Hamas in Israel on 7th October.

Council is horrified by the scenes of violence in relation to all individuals who reside in the area in the weeks and days since, in particular the devastating humanitarian situation and the potential effect on the residents of Devon.

Council supports the implementation of international law, which means targeting terrorists, not civilians, and ensuring that innocent citizens do not pay the price.

Council expresses its concern at the UK Government’s failure to attempt to ensure that the Israeli government and its military adhere to the requirements of international law and the UK Government’s refusal to publish legal advice it has received in relation to the conflict.

Council further calls for the international community to revisit UN Resolution 242, supporting a long term, peaceful, two-state solution for both Israel and Palestine.

Council also believes:

· Essential supplies of aid, water, food, medicine and electricity must continue to be provided to Gaza.

· The UK Government must, with others, work for a lasting ceasefire to:

o A - Facilitate the delivery of humanitarian aid into Gaza, and

o B - Allow for an intensive period of diplomacy to realise a political solution, aimed at achieving two states and a lasting peace.

Council accordingly resolves to:

· Ask the UK Government to work towards a lasting ceasefire.

· Note with deep concern the severe reverberations of this crisis in the UK, with Jewish, Muslim and Palestinian communities all fearing and grieving, and condemns the rise in antisemitism and Islamophobia since 7^th October. This could have the potential to affect our communities in Devon.

· Thank community leaders for the role they are playing in reducing tensions at this sensitive and difficult time.

· Call upon community leaders and public figures to act responsibly and work to bring communities together at this sensitive time.

· Recognise the role Devon & Cornwall Police are playing at the current time in supporting communities in Devon.

Members considered the Officer’s factual briefing note on the matter (LDS/24/2) which referred to the history of Devon’s people and communities working together to address suffering, the distress caused by ongoing conflict and loss of lives and the importance of good relations between Devon’s people and communities at times of international tension to maintain community cohesion.

The Cabinet considered the recommendation before them, and the actions proposed and already undertaken and any other relevant factors:

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

RESOLVED that Council be recommended to:

(a) support the Government in its efforts to find a ceasefire solution in this situation;

(b) express solidarity with the innocent people directly affected by the ongoing situation in Israel and Gaza;

(c) pay tribute to the humanitarian aid workers who remain committed to their work, despite the dangers to their health and their lives; and

(d) continue to work with the Devon and Cornwall Police and local communities to ensure Devon’s residents are safe.

(b) Box Shifting – Councillor Adams

The wording of the motion is outlined below.

The bankruptcy of Birmingham City Council was partly attributed to “dramatic reductions in business rates income” - an issue facing all councils across the UK, to the tune of £250 million a year. The unethical “Box Shifting” practice is a loophole that allows businesses to avoid paying business rates. Closing this loophole will allow local authorities to put back these business rates in their own pockets.

Key?information:??

Box shifting involves landlords placing boxes in vacant commercial properties for a six-week period to trigger a three- or six-month rates-free period.?Annually, this costs councils around £250 million?(Local Government Association Survey, 2019)??
This cycle is?often?repeated, resulting in?local councils losing over two-thirds of their empty rates?incomes, and properties remain empty for months on end.
Some landlords put a broadband box, an empty fish?tank, or even snail farms in the property to trigger rates?avoidance.

This Council pledges to:

Send a letter to the Chancellor of the Exchequer to propose extending the occupation period for business rates exemption from six weeks to six months to tackle the unethical practice of “Box Shifting”.” This follows the example of the Welsh and Scottish governments, who have already introduced legislation to tackle the issue.??

Members considered the Officer’s factual briefing note on the matter (LDS/24/2) which referred to how business rates were charged and calculated. The administration of business rates was the responsibility of city, borough and district councils within the County which included calculating and issuing the bills including any eligible reliefs. The briefing note explained “empty property relief” and that Government would need to pass changes to regulations for the entitlement to empty property relief to be amended.

The Cabinet considered the recommendation now before them and the actions now proposed and already undertaken and any other relevant factors:

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

RESOLVED that County Council asks the Director of Finance and Public Value to liaise with the Districts in Devon, as the billing authorities in the County for business rates, to explore whether there is a concern around the scale of empty property rates relief in Devon and assess whether the practice of ‘box shifting’ is an issue locally. This will inform any further information and recommendations to the Cabinet Member for Finance for further consideration.

(c) Local Government and Social Care Ombudsman (LGSCO) findings on Special Educational Needs and the Role of Scrutiny - Councillor Bailey

The wording of the motion is outlined below.

This Council notes that there has been a concerningly high number of Local Government and Social Care Ombudsman (LGSCO) findings against Devon County Council relating to Special Educational Needs provision this year, with 26 complaints being upheld against DCC (15 of these have been since June alone).

This Council believes that it is important that each of its three main Scrutiny Committees are furnished with complete information to enable them effectively to scrutinize the various services of Devon County Council and that each committee agenda should include a standing item provided by DCC officers on any LGSCO findings.

Members considered the Officer’s factual briefing note on the matter (LDS/24/2) which referred to the reports received by Scrutiny Committees on customer feedback as well as Local Government and Social Care Ombudsman (LGSCO) findings and recommendations and specific examples thereof. It further highlighted where customer feedback data and LGSCO complaints had been used in Task Groups. The briefing note also highlighted the importance of independent Scrutiny Councillors and member-led processes including the agreement of the Scrutiny Work Programme.

The Cabinet considered the recommendation now before them and the actions now proposed and already undertaken and any other relevant factors:

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

RESOLVED that the County Council supports the independence of Scrutiny in carrying out the important role of critical friend challenge whilst recognising the importance of taking an evidence-based approach to work programming and asks the Chairs and Vice Chairs Committee to consider if the current approach to incorporating Local Government Ombudsman reports is as comprehensive as it needs to be.

(d) Hospiscare Funding - Councillor Atkinson

(Councillors Connett and Whitton attended in accordance with 25(2) and spoke to this item)

The wording of the motion is outlined below.

Hospiscare which provides humane respectful end of life care and management costs almost 10M a year to run with just 18% of that funded by the ICB. This is well below the national average of 37% other hospices receive.

Despite ongoing discussions with the ICB they have refused to provide additional funding, and this means they will be forced to close or reduce services to meet a £2.5 million funding gap.

Without Hospiscare, its patients will need to be treated in an acute hospital setting where they will be a further demand on the NHS system and cost the NHS additional millions in direct care.

Motion

· DCC Believes that hospices are a better place than acute hospitals for people to receive palliative care when dying when no other medical treatment beyond pain relief is appropriate.

· DCC supports Hospiscare’ s fight for fairer funding from Devon Integrated Care board and agrees to write to the ICB to ask them to meet the funding gaps so services can be maintained.

· DCC will write to the ICB, NHS England ministers and local MPS to urge them to support Hospiscare’s request for funding.

Members considered the Officer’s factual briefing note on the matter (LDS/24/2) which referred to the role of Integrated Care Boards in commissioning health services, including palliative care services and the grant arrangements in place. Whilst Local Authorities did not have statutory responsibilities for funding, commissioning or providing palliative care, it had a role in the development of care plans for individuals approaching the end of life. The briefing paper further reflected on the LGA guidance to local authorities on EoLC which included recommendations such as the role of the health and wellbeing board, or similar body, reviewing how end of life care and support was experienced and seeking assurance that key responsibilities under the Care Act were being delivered

The Cabinet considered the recommendation now before them and the actions now proposed and already undertaken and any other relevant factors:

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

RESOLVED that in line with the LGA guidance to local authorities on EoLC, Council ask the Health and Adult Care Scrutiny Committee and / or the Health and Wellbeing Board to review the recommendations and:

(a) explore the quality of end-of-life care in the area, on an annual basis, including how end of life care and support is experienced by different communities in their area;

(b) seek assurance that key responsibilities under the Care Act are being delivered and also that processes, such as those around NHS Continuing Health Care, are effective and person-centred; and

(c) consider whether there is a role for an elected member end of life care champion role to raise the profile of end-of-life care across the council and with partners.

(e) Humanitarian Emergency in Gaza’ - Councillor Atkinson

The wording of the motion is outlined below.

“Devon is proud to offer refugees sanctuary and proud of the of all communities in Devon. Devon County Council stands in solidarity with all those affected by the recent events in Israel and Gaza.

The extreme humanitarian emergency in Gaza, following the 7 October attacks on Israel have both been shocking for us all to see. The situation has had a deep impact on our communities in Exeter.

Devon County Council denounces hate crime in the strongest terms and community cohesion remains a priority for this local authority. It is important that we do not allow these tragic events to divide our communities here in the Devon.

The rise in Antisemitism and Islamophobia across the UK is unacceptable, and Devon County Council will continue to work with all of our communities in Devon to ensure residents feel safe and free from hate.

The Council supports the humanitarian work being done in Gaza and the middle east and encourages residents to donate to organisations raising funds for those in need”.

Members considered the Officer’s factual briefing note on the matter (LDS/24/2) which referred to the history of Devon’s people and communities working together to address suffering, the distress caused by ongoing conflict and loss of lives and the importance of good relations between Devon’s people and communities at times of international tension to maintain community cohesion.

The Cabinet considered the recommendation now before them and the actions now proposed and already undertaken and any other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact):

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

RESOLVED that Council be recommended to:

(a) support the Government in its efforts to find a ceasefire solution in this situation;

(b) express solidarity with the innocent people directly affected by the ongoing situation in Israel and Gaza;

(c) pay tribute to the humanitarian aid workers who remain committed to their work, despite the dangers to their health and their lives; and

(d) continue to work with the Devon and Cornwall Police and local communities to ensure Devon’s residents are safe.

(f) Austerity and Cuts to Local Government Funding - Councillor Atkinson

(Councillors Leaver and Whitton attended in accordance with 25(2) and spoke to this item).

The wording of the motion is outlined below.

The Chancellor’s Autumn statement has set the country on course for a “more painful” austerity drive after the next general election after more than a decade of austerity starting under David Cameron and George Osborne.

The £20bn package of tax cuts is almost entirely funded by swingeing real-terms reductions to public spending planned from 2025 when it may not even be in government according to the IFS.

It is estimated that the NHS receives 20% of its funding from National Insurance.

The plans to cut National Insurance means that some funding for social care and the NHS will have to come from other budgets or general taxation.

This implied a 1.8% cut for unprotected budgets each year from 2024-25 to 2028-29 – including for prisons, the courts system, local government and further education.

After taking into account funding settlements for Scotland, Wales and Northern Ireland, the plans imply cuts of 3.4% in England.

This Council has had more than 50% of its budget cut since 2010 and is already again planning to cut services to bring in a legally balanced budget for 2024-5.

Economists doubt efficiency gains on such a scale can be achieved. Councils all around us and throughout the country are on the verge of bankruptcy and the County Council is having to make hard choices to cut funding and services to maintain a balanced budget.

This Council resolves:

To write to the government to ask them to make no real time cuts to Local Government until it has undertaken a spending review.
Seek the support of the LGA to oppose the Chancellor’s budget for Local Government

Members considered the Officer’s factual briefing note on the matter (LDS/24/2) which referred to the recent provisional local government finance settlement for 2024/25 as well as other grants received. The briefing paper highlighted that ‘Core Spending Power’ for the Council had increased by 6.5% in 2024/25. However, the settlement was for one year only, and the likely funding amounts in subsequent years was currently unknown.

The Cabinet considered the recommendation now before them and the actions now proposed and already undertaken and any other relevant factors (e.g. public health, financial, environmental, risk management and equality and legal considerations and Public Health impact):

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

RESOLVED that County Council be recommended to respond to the consultation on the Provisional Settlement for 2024/25 explaining the implications of the settlement for Devon and engages with the LGA and Society of County Treasurers to ensure the financial challenges faced by local government will continue to be represented to Government to inform the next Spending Review.

(g) Devon Residents Deserve Clean Rivers and Beaches - Councillor Leaver

(Councillor Hart declared a disclosable pecuniary interest in this matter, due to being in negotiations with South West Water and left the room during the debate)

(Councillor Leaver attended in accordance with Standing Order 8 and Councillor Whitton in accordance with 25(2) and spoke to this item).

The wording of the motion is outlined below.

This Council condemns repeated sewage outfalls across the county and Devon's Conservative MPs votes to allow South West Water to continue to pollute our rivers and beaches.

Council notes that the ongoing problem of poor water quality in Devon impacts on our local communities, economies and environment across the county.

Council believes that this issue goes beyond party politics, and resolves to write a letter from all DCC Group Leaders to Devon MPs and South West Water demanding urgent investment to clean up our water and funding for this to be prioritised over payment of dividends to shareholders and Directors' salaries.

Members considered the Officer’s factual briefing note on the matter (LDS/24/2) which referred to the concern over water quality in rivers, streams and coastal waters. Whilst pollution by sewage was one of several causes there were other significant factors, particularly run-off from land (agricultural and urban) which could cause significant damaging nutrient-enrichment, pollution incidents. The significance of such water pollution was recognised by Ofwat and data on sewage overflows was published by the Environment Agency. Since November 2021, English water companies had been under investigation by Ofwat and the Environment Agency in relation to widespread and serious non-compliance with the relevant regulations and as a result, Ofwat was progressing six enforcement cases, including one into South West Water. This is also at a time when Government was seeking a step change in how water companies tackled this issue, as addressed by its Storm Overflows Discharge Reduction Plan^{^[1]}.

The debate is whether such action was sufficient to achieve identified targets and reduce the associated threat to public health and wildlife.

The Cabinet considered the recommendation now before them and the actions now proposed and already undertaken and any other relevant factors:

It was MOVED by Councillor McInnes, SECONDED by Councillor Hughes, and

RESOLVED that Council be recommended to

(a) note that the ongoing problem of poor water quality in Devon impacts on our local communities, economies and environment across the county; and

(b) urge all those with a specific role, including South West Water, the Environment Agency, Ofwat and central government, to pursue relevant action to adequately address this problem.

[1]Storm overflows discharge reduction plan - GOV.UK (www.gov.uk)