Agenda item

Report of the County Solicitor (CS/16/37) on the Notices of Motion referred to the Cabinet by the County Council on 6 October 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 therein, incorporating any factual briefings or position statements on each prepared by the relevant Officers to facilitate the Cabinet’s discussion of each Notice of Motion.  The Chairman had also decided that the Cabinet should further consider, as matters of urgency, the proposed response from the Health & Wellbeing Scrutiny Committee to two other Notices of Motion previously referred to the Cabinet, as set out at (e) below.

 

(a)        Educational Re-organisation and Fair Funding 

 

(Councillor Connett attended in accordance with Standing Order 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:

‘Devon County Council is proud of the achievements of all schools in the county and recognises that with fair funding from Government, yet more could be done to raise educational attainment for all pupils, help them achieve their potential and aspire to achieve their ambitions.

 

The Council believes it would be a retrograde step to divert scarce national and local resources from the classrooms into yet another reorganisation of education and does not wish to see the introduction of new or additional Grammar schools in Devon.

 

Devon County Council yet again calls on the Government to ensure the education of children in Devon is properly, fairly and fully funded noting that Government is short-changing Devon schools by £23m a year.

 

"Devon has never been funded at the level it deserves and remains well below the national average for funding per pupil. Despite this historic underfunding, Devon schools have shown that they can deliver impressive educational outcomes and that no child is marginalised because responsibility is shared for the most vulnerable and who may not be in our own schools." Sue Clarke OBE MSc, former Head of Education and Learning, Devon County Council (foreword to the consultation on 2016-17 Revenue funding arrangements for schools)

 

The Council therefore calls on all Members of Parliament for Devon to challenge the Government to play fair by Devon by properly funding children's education in the county’.

 

The Mover of the Notice of Motion having acknowledged his support for the recommendation now before the Cabinet, the relevant Officer’s factual briefing/position statement on the matter, the relevant Cabinet Members’ willingness to endorse the principles contained therein, representations previously made and to actions now proposed or already undertaken and any 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 accept the Notice of Motion which reflects the action already taken by the Council in campaigning for fairer funding for schools, acknowledging the legislative limitations upon Councils in the choice of any new schools that may be established.

 

(b)       Protecting Devon’s Pharmacies 

 

(Councillor Connett attended in accordance with Standing Order 8 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:

Devon County Council recognises and values local pharmacies as a vital primary care health service and as an integral part of the fabric of local communities throughout our county.

 

Devon County Council notes that;

 

·         176 pharmacies across the County offer a range of  services such as dispensing prescriptions, disposal of  unwanted medicines and supporting self-care;

·         pharmacies play an important role in promoting wellbeing  such as healthy eating, smoking cessation, exercise, flu vaccination, sexual health and more advice and support  services are also available to care homes; and

·         several pharmacies have achieved Healthy Living  Pharmacies (HLP) status recognising and evidencing their role in improving the health of their local population.

 

Devon County Council is greatly concerned about Government imposed threats to pharmacies as a result of cuts in the budget of £170m nationally taking effect from October 2016.

 

This is a 6% cut in cash terms but could effectively mean a  cut of 12% during the financial year which could potentially  close up to a quarter of pharmacies with an increased focus  on warehousing dispensary and online services. Service cuts in pharmacies put more residents at risk as well as putting pressure on GPs and on hospital services and therefore increasing NHS costs. A fully funded community pharmacy service is cost effective and is in the interest of patients and carers.

 

Devon County Council agrees to write to the Secretary of State for Health, NHS England and the Clinical Commissioning Groups serving Devon detailing our concerns and demanding an immediate reversal of these proposals.

 

The Mover of the Notice of Motion having acknowledged his support for the recommendation now before the Cabinet, the relevant Officer’s factual briefing/position statement on the matter, the Leader’s willingness to support  appropriate  representations being made to NHS England and 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, and in response to the Notice of Motion submitted; the County Council recognise:

 

·         that decisions on opening and closing of pharmacies are entirely the responsibility of NHS England;

·         the increasing demands being placed upon the wider health service, as has been the case throughout the public sector, and the need for all health services to be financially and clinically suitable, meeting appropriately identified needs;

·         the support and desire for an effective pharmacy service given the contribution it may make to equitable, safe, suitable, affordable health & care services both directly and indirectly and particularly in rural areas, as latterly recognised by the Local Government Association; 

 

and the County Council be consequently recommended to accept the Notice of Motion, make representations accordingly and urge communities and interested stakeholders to also make representations direct to the relevant decision-maker, NHS England, and to Devon’s MPs and Government to ensure the retention of a universal, effective, pharmacy service reflecting the needs of the local community and to maximise, for instance, support available from initiatives such as the Pharmacy Access Scheme. 

 

(c)        Environmental Policy Document Review 

 

(Councillor Vint attended in accordance with Standing Order 8 and spoke to this item).

 

The following Notice of Motion submitted to the County Council by Councillor Wright 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:

This Council commends the DCC Environmental Policy document that was produced in 2014/15 - and the reported progress against it, as set out in the Environment Performance Statement.

 

However, the national trend is a significant and potentially catastrophic decline in insects and other wildlife, with some species heading towards extinction, as set out in the latest State of Nature report, published last month (September).

 

The sharp decline in our species suggests that our collective efforts are still not enough to prevent a worsening position.

 

This council agrees that the ‘Countryside and Heritage’ section of the Environmental Policy document should be reviewed before the end of 2016, to see whether there are further opportunities for DCC to do more to benefit nature, including:

                                                

1.     management of the county farms estate, where current uncertainties linked to Brexit mean that we need to find other ways of achieving environmental gains through the actions of our tenants;

o    through the management of our buildings and grounds (e.g. County Hall - a Grade 2 listed building set within a conservation area);

o    management of our multi-use trails (i.e.cycleways), which have potential for enhancement as wildlife corridors; and

2.     through our community leadership role (e.g. in re-defining our environmental agenda in the light of Brexit, or in responding to current environmental problems such as ash dieback)’

 

Having regard to the aforementioned, the relevant Officer’s factual briefing/position statement on the matter, the relevant Cabinet Members’ willingness to endorse the proposals in light of similar action already being taken in this regard and any 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 accept the Notice of Motion and invite the Cabinet to review existing policies and action plans, acknowledging that the work already undertaken on the production of a new Countryside & Heritage Policy and Action Plan provided an ideal route for doing so; noting also that a revised Plan would consequently be submitted to Cabinet in early 2017 incorporating the advice of the Environmental Performance Board as to what further action it would be practicable for the Council to take in support of Countryside and Heritage.

 

(d)       Affordable Housing and the HOTSW Devolution Prospectus 

 

(Councillor Vint attended in accordance with Standing Order 8 and Councillors Brazil and Connett in accordance with 25(2) and spoke to this item).

 

The following Notice of Motion submitted to the County Council by Councillor Vint 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:

 

‘That this Council calls for references for the need for affordable housing to be added to the housing sections of the HOTSW Devolution Prospectus’

 

The Mover of the Notice of Motion having spoken to his proposal the matter was subsequently debated having regard to the aforementioned, the relevant Officer’s factual briefing/position statement on the matter, that provision of housing was a District Council function 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, acknowledging that the Heart of the South West Partnership’s “Prospectus for Productivity” is a high level strategic framework document with links to statutory local plans for each District Council which, in turn, encapsulate levels of proposed affordable housing provision.

 

(e)   Cuts to Devon Health Services and the Success Regime (Minute 82/14 October 2016)

 

(An item taken under Section 100B(4) of the Local Government Act 1972).

 

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

 

The Chairman had decided that the Cabinet should consider this item as a matter of urgency, in order that it might consider the advice of the Health & Wellbeing Scrutiny Committee arising from that Committee’s deliberations the previous day, 8 November 2016, on two Notices of Motion previously referred to it by Cabinet at the last meeting to enable a recommendation to be made and determined  by the  County Council at its next meeting in December 2016. 

 

The Cabinet were advised that the Scrutiny Committee had resolved ‘that the Cabinet be advised to recommend the County Council accept the Notice of Motions in the name of Councillors Biederman and Greenslade as now amended [highlighted below], noting also the enclosed response from the Parliamentary Under Secretary of State for Community Health and Care to earlier  representations made on behalf of the Scrutiny Committee about sustainability and transformation plans and primary care funding’

 

Proposed Cuts to Devon Health Services and Impacts on Patients (Councillor Biederman)  

 

‘This Council is deeply concerned about the impact the proposed cuts to Devon health services will have on patients – especially the loss of whole departments including maternity services at North Devon District Hospital - and massive reduction in acute and community hospital beds across Devon, as set out in the sustainable transformation plan.

 

This Council also recognises that Governments have [deliberately] not provided the NHS with a fair [the adequate]level of funding and now calls on local MPs to lobby government ministers to urgently and significantly increase the level of funding to the NHS, in order to protect our precious health services for current and future generations’.

 

NHS Success Regime  (Councillor Greenslade)  

 

‘County Council believes that the NHS Success Regime project for Devon is now [seriously] flawed and accordingly asks [calls on] the Secretary of State for Health and NHS England toput the process on hold, until issues relating to the ‘independence’ of the Success Regime are investigated and for fair funding to be considered [cancel it forthwith]. County Council further calls on Government and NHS England to firstly address the issue of fair funding for our area and to ensure the general election promise of an extra £8 billion of funding for the NHS is taken into account when assessing the claimed deficit for Devon NHS services. Until funding issues are addressed it is not possible to decide whether or not there is a local NHS budget deficit to be addressed. Unnecessary cuts to local NHS budgets must be avoided! Devon MP’s be asked to support this approach to protecting Devon NHS services”

 

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

 

RESOLVED that the views of the Health & Wellbeing Scrutiny Committee be noted and accepted in accordance with Standing Orders 6 & 8 for consideration by the County Council at its next meeting.