Agenda and minutes

Minutes of the meeting held on 9 March 2016 (previously circulated).

RESOLVED that the minutes of the meeting held on 9 March 2016 be signed as a correct record.

Items which in the opinion of the Chairman should be considered at the meeting as matters of urgency.

There was no item raised as a matter of urgency.

There was no announcement by the Chairman of the meeting.

The Deputy Leader was presented by a Mr B Woods with a petition organised by the Earl Richards Road North Residents Association (Exeter) containing the signatures of residents of the area seeking action to secure the reinstatement of the highway and the repair of  damage resulting from construction traffic accessing an adjacent housing development.

The Chairman indicated that the Cabinet Member or Head of Service would be asked to respond direct to the petitioners on the issues raised, within 15 days.

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In accordance with the Cabinet Procedure Rules, the Deputy Leader and the relevant Cabinet Member responded to 7 questions from Members of the Council on the Sutcombe Primary School closure decision, the proposed Academisation of Maintained Schools and the role of Parent Governors in such schools and on Broadband (Connecting Devon & Somerset), responding orally to any supplementary questions arising from the above.  The Deputy Leader indicated he would also respond direct to 2 further questions from a Member of the Council (who was not present at the meeting) on the Council’s Devolution proposals relating to strategic and affordable housing. 

[NB: A copy of the questions and answers are appended to these minutes and any supplementary questions and answers may be observed through the webcast of this meeting  – see Notes below]

In accordance with the Scrutiny Procedure Rules, the requisite number of members (Councillors Owen, Hannan, Hannaford, Hill and Wright) had invoked the call-in procedure in relation to the above decision of the Cabinet, to enable the People’s Scrutiny Committee to consider this matter on the grounds  ‘...that not all the relevant factors were made known’.

The Cabinet is advised that the People’s Scrutiny Committee considered the ‘call-in’ at its meeting on 21 March 2016 (Minute *144)  and endorsed the Cabinet’s decision; the Scrutiny Committee therefore not having requested reconsideration or amendment of the Cabinet’s decision it had been implemented with immediate effect.

[NB: The Joint Report of the Heads of Planning, Transportation & Environment and Education & Learning and County Treasurer (PTE/16/14) is available at:

http://www.devon.gov.uk/index/councildemocracy/decision_making/cma/index_exc.htm]

The Cabinet noted that in accordance with the Scrutiny Procedure Rules Councillors Owen, Hannan, Hannaford, Hill and Wright had previously invoked the call-in procedure in relation to the above decision of the Cabinet to enable the People’s Scrutiny Committee to consider this matter on the grounds  ‘...that not all the relevant factors were made known’.

The Cabinet further noted that the People’s Scrutiny Committee had considered the ‘call-in’ at its meeting on 21 March 2016 (Minute *144) and had subsequently endorsed the Cabinet’s decision. Consequently and as the Scrutiny Committee had not requested reconsideration or amendment of the Cabinet’s previous decision it had therefore been implemented with immediate effect.

Report of the Head of Education & Learning (EL/16/3) on the outcome of consultations on travel policy for the 2016/17 Academic year, attached.

Electoral Division(s): All

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

(Councillor Davis declared a Disclosable Pecuniary Interest in this matter by virtue of being a parent of a child in receipt of school transport and withdrew from the meeting  during  its consideration).

The Cabinet considered the Report of the Head of Education & Learning (EL/16/3) on the outcome of consultations on education travel policy (undertaken during February and March of this year) for the academic year 2016-17 and on proposed amendments to current policy arising therefrom, none of which would affect statutory entitlements to free education transport. The proposed variations related to financial contributions toward the cost of discretionary transport or where contributions were allowed. 

There were no proposals to amend the Travel Policy for children of statutory school age for 2017/18 and the arrangements for 2016-17 for children of statutory school age would roll forward into the arrangements for 2017/18.  Notice had also been given of a consultation now being undertaken on proposed arrangement’s for post-16 education in 2017/18 where colleges and schools now received funding direct from central government to provide a bursary scheme to support post-16 students, including for transport.

Members noted that the Local Authority had a statutory responsibility to provide free transport to and from school for children of statutory school age who meet set criteria but could also exercise discretion to provide assistance for children in other circumstances, for which it might charge a fee or contribution. Similarly for post-16 students the Council could support travel only where there was a need to do so for which  a contribution could also be sought.

The Head of Service’s Report also referred to the Impact Assessment relating to these proposals for the attention of Members at this meeting in order that as part of its determination of the next steps in the process the Cabinet might have full regard to the responsibilities placed upon it to exercise its Public Sector Equality Duty under s149 of the Equality Act 2010, where relevant, and that  no unmanageable impacts had been identified.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, sustainability, risk management, equality and legal considerations) set out in the Head of Service’s Report and/or referred to above having been considered:

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

RESOLVED

(a) that the outcome of consultations on the Transport  Policy for 2016/17 be noted;

(b) that the Education Transport Policy for 2016/17 be endorsed, increasing the contribution level for all subject to pay from £520 to £560 per annum and removing the reduction in contribution for those on low income (currently set at 50%).

[NB: The Travel Policy and Impact Assessment referred to above may be viewed at www.devon.gov.uk/admsiionarrangements]

Report of the Head of Highways, Capital Development & Waste (HCW/16/31) on progress with 2015/16 programmes and approval of schemes and proposed programmes for capital funding of highway maintenance programmes in 2016/17, attached.

Electoral Division(s): All

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

The Cabinet considered the Report of the Head of Highways, Capital Development & Waste (HCW/16/31) on progress with 2015/16 programmes and approval of schemes and proposed programmes for capital funding of highway maintenance programmes in 2016/17.

The Cabinet noted that the capital funding settlement for 2016/17 was based on a national formula for allocating Local Highway Maintenance funding allocations divided between a needs formula, an incentive formula and a Challenge Fund; although the overall levels of funding to Council’s generally fell well short of the amount needed to maintain all elements of the highway in a steady state and the allocation for Devon represented only 54% of the funding required to keep the highway assets in their current condition.

The County Council had been allocated £38,785,000 in 2016/17 for the needs based formula based on all highway features, not just carriageway structural maintenance. The ‘incentive formula’ allocation was not yet known but could secure an additional £2,350,000. The Council had to date also been allocated £5,079,000 under the Challenge Fund for street lighting. The settlement for 2017/18 had been confirmed at £37.610m with an indicative allocation of £34.042m for each of the following 3 years.

The Head of Service’s Report recommended the adoption of a programme which had been  designed to make best use of the available financial resources using the Council’s approved Asset Management approach; recognising also that any reduction in the programme would further compromise the County Council's ability to maintain the network in a reasonably safe condition and work towards the objectives of the Council's Strategic Plan. 

The Cabinet Member for Highways Management & Flood Prevention also referred to the recent announcement by Government of an additional allocation to the Council of  just under £2,000,000 from its Pothole Action Fund, to be targeted at sections of minor road with ‘high frequency pothole formation’.  This allocation while clearly not meeting all of the demands on the Service, would nonetheless be a welcome boost to the capital programme.

The Head of Service’s Report also referred to the ‘Budget 2016/17 Impact Assessment’, which had previously been considered by and taken into account by the Cabinet and County Council in determining the Budget for 2016/17 noting also that individual schemes – which could make a considerable contribution to supporting equality through improving the network - would be fully assessed as would the environmental aspects of any proposals through the separate Environmental Impact Assessment process.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. sustainability, carbon impact, risk management, equality and legal considerations and Public Health impact) set out in the Head of Service’s Report and/or referred to above having been considered:

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

RESOLVED

(a) that progress with 2015/16 capital funded highway maintenance schemes detailed in Appendices I and II to Report HCW/16/31 be  ...  view the full minutes text for item 8.

Report of the Head of Highways, Capital Development & Waste (HCW/16/32) on the allocation of highway maintenance funding for 2016/17, attached.

Electoral Division(s): All

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

The Cabinet considered the Report of the Head of Highways, Capital Development & Waste (HCW/16/32) on the allocation of highway maintenance funding by operation including the additional funding of £1,000,000 allocated by the Council from the new Rural Services Delivery Grant for 2016/17. 

The Head of Service reported that the proposals now recommended had regard not only to the experience of maintaining the network and its condition based on Highways Asset Management Plan principles, but also to recent experience in delivering highway maintenance policy, meeting the demand for services previously and to feedback received during the Tough Choices consultation on the 2016/17 budget.    The Report also contained proposals for the allocation of the ‘ring-fenced’ on-street parking account for 2016/17.

The Cabinet heard concerns once more expressed at the potential impact upon future highway maintenance budgets of the use of unsuitable materials (e.g. brick pavers in the construction of footways) by developers which the Head of Service acknowledged had been raised with local planning authorities.

The Head of Service’s Report also referred to the ‘Budget 2016/17 Impact Assessment’, which had previously been considered by and taken into account by the Cabinet and the County Council in determining the Budget for 2016/17 noting also that individual schemes could make a considerable contribution to supporting equality through improving existing routes and surfaces acknowledging also that approximately equal numbers of respondents to the 2016/17 budget consultation felt that major and minor roads should be given priority highlighting the difficulties faced by the Council in responding to the situation.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, sustainability, carbon impact, risk management, equality and legal considerations and Public Health impact) set out in the Head of Service’s Report and/or referred to above having been considered:

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

RESOLVED

(a) that the allocations for highway maintenance for 2016/17 as set out in Appendix I to Report HCW/16/32 be approved;

(b) that the Head of Highways, Capital Development & Waste be authorised to amend the allocations within and between different work types to maintain overall the budget within the total allocation and to maximise the impact of the programme:

(c) that approval be given to revised work functions set out in the Highway Maintenance Policy as set out in Appendix II of Report HCW/16/27; and

(d) that the On-street Parking Account programme for 2016/17 set out at Appendix II of Report HCW/16/32 be approved.

[NB: The Impact Assessment referred to above is available at:  http://new.devon.gov.uk/impact/]

Report of the Head of Highways, Capital Development & Waste (HCW/16/33) on proposals for sharing  financial savings through collaborative working with District Councils to reduce treatment and disposal costs, attached.     

Electoral Division(s): All

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

The Cabinet considered the Report of the Head of Highways, Capital Development & Waste (HCW/16/33) on proposals for sharing  financial savings through collaborative working with District Councils to reduce treatment and disposal costs. 

The Head of Service’s Report acknowledged that it  was widely acknowledged that working in partnership in two tier authorities could deliver significant benefits including reduced treatment and disposal costs for a Waste Disposal Authority.  Both Somerset and Dorset had formed very successful waste partnerships which had delivered an improved single waste service across their areas.  Efforts had been made over the previous three years to develop a similar single waste authority for Devon and while this had not yet come to fruition those discussions had nonetheless revealed that significant savings could be delivered by both Waste Disposal and Waste Collection Authorities working together.  Approval was therefore sought, in principle, to develop a shared savings mechanism between the County Council (as Waste Disposal Authority) and District Councils (as a Waste Collection Authority) so that  where any significant waste collection service change resulted g in a net saving to the County Council (as the WDA) those savings would be shared with the District Council (as WCA).

Members noted that the County Council Waste Management service had delivered over £5m worth of savings over the previous five years, through retendering of contracts and the introduction of charging for non-household DIY type waste at recycling centres and  through restrictions on vehicles, opening hours and use by non-Devon residents; acknowledging also that further savings could only be achieved by working even more closely with District Councils.

The Head of Service’s Report also incorporated an Impact Assessment relating to the possible impacts of the proposal, which had been circulated previously for the attention of Members at this meeting in order that as part of its determination of the next steps in the process the Cabinet might have full regard to the responsibilities placed upon it to exercise its Public Sector Equality Duty, under s149 of the Equality Act 2010, where relevant and no unmanageable impacts had been identified.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, environmental, risk management, equality and legal considerations and Public Health impact) set out in the Head of Service’s Report and/or referred to above having been considered:

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

RESOLVED

(a) that approval, in principle, be given to supporting the development of a shared savings mechanism whereby a District Council (a Waste Collection Authority), working in collaboration with the County Council (the Waste Disposal Authority) to deliver a significant waste collection service change which leads to a reduction in overall costs for the County Council, shall benefit from any net savings generated;

(b) that a formal Agreement setting out the obligations of both parties be prepared and the County Solicitor be authorised  ...  view the full minutes text for item 10.

Report of the Head of Planning, Transportation and Environment (PTE/16/21) reviewing progress of schemes in 2015/16 and seeking approval of plans and expenditure for 2016/17, attached.

Electoral Division(s): All

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

The Cabinet considered the Report of the Head of Planning, Transportation and Environment (PTE/16/21) outlining the work undertaken by the County Council as Lead Local Flood Authority, reviewing progress of schemes in 2015/16 and seeking approval of plans and related expenditure for 2016/17 in support of the Devon Local Flood Risk Management Strategy.

The delivery of an annual programme of flood improvements was regarded as essential to continually reduce the risk to properties in Devon at a high risk of flooding.  The proposed Action Plan for 2016/17 included a number of  schemes that would benefit in excess of 250 properties, together with a number of proactive studies for future schemes to be developed in line with Defra’s 6 year programme.  All Risk Management Authorities had regular contact either through specific project meetings or forums, such as the Devon Operational Drainage Group, to share the priorities of their organisations and look for partnership working opportunities and the projects identified at Appendix ll to the 2016/17 Action Plan had been prioritised based on the specific criteria set out in the Local Flood Risk Management Strategy for Devon.

The Head of Service confirmed that full consultations would take place on proposed schemes including residents, community groups, local Councils and Councillors and relevant risk management authorities. All schemes would also, necessarily, be developed in light of  the relevant Impact and Environmental Assessments produced in support of the Local Flood Risk Management Strategy) assessed at the appropriate stage to ensure that due regard would be had to any environmental and equality matters. 

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, sustainability, risk management, equality and legal considerations and Public Health impact) set out in the Head of Service’s Report and/or referred to above having been considered:

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

RESOLVED that the 2016/17 Flood Risk Management Action Plan be approved and the Head of Planning, Transportation and Environment be authorised, in consultation with the Cabinet Member for Highway Management and Flood Prevention, to make changes to the programme and related expenditure of less than £50,000.

[NB: The Impact Assessment referred to above is available at:  http://new.devon.gov.uk/impact/]

Report of the Head of Economy & Enterprise (EE/16/7) seeking approval to the procurement process for selection with other stakeholders of an Energy Services Company, attached.

Electoral Division(s): All

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

The Cabinet considered the Report of the Head of Economy & Enterprise  (EE/16/7) on the proposed formation of an Energy Service Company (ESCo), in partnership with public sector partners ((Exeter City Council, East Devon District Council, Royal Devon and Exeter Foundation Trust, Teignbridge District Council and University of Exeter) to procure a private sector partner to deliver District Heating Networks in Exeter.

The Cabinet was advised that following its decision in November 2012 to investigate the formation of an ESCo the prospective partners had been working on the feasibility and viability of supplying competitively priced low carbon heat; supported through funding from the Department of Energy and Climate Change (DECC). 

The Head of Service reported that two schemes had been identified within the City of Exeter which were felt to be technically feasible and economically viable, namely a city-wide retrofit scheme connecting primarily public sector heat loads, the RD&E  Hospital to the City Centre and/or a scheme taking heat from the Marsh Barton Energy from Waste plant to the south west of Exeter, details of which were set out more fully in her Report.  The immediate aim of an ESCo would be to procure a private sector partner with which to form a Joint Venture Company to deliver a scheme along the lines outlined in the Head of Service’s Report. 

The Head of Service firmly advised that investment in an ESCo had the potential to enable the Council to achieve a return, deliver economic benefits to the area and work in partnership with public and private sector bodies to influence the development of the Exeter schemes and potential future energy projects across Devon.  Moreover, as the Council would be taking only a relatively small stake in the scheme and was not required to contribute revenues for procurement, the financial risk was relatively low. Shareholder agreements would be set up to ensure any risks were shared appropriately, with ongoing operational risks taken on by the private sector partner delivering the scheme.

The matter having been debated and the options and/or alternatives and other relevant factors (e.g. financial, environmental, risk management, equality and legal considerations and Public Health impact) set out in the Head of Service’s Report and/or referred to above having been considered:

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

RESOLVED

(a) that approval be given to the County Council becoming a shareholder of a public sector Energy Services Company (ESCo);

(b) that the County Council commit, subject to a successful procurement of a private sector energy partner, to investing a capital sum of between £147,000 and £177,000 into the joint venture company as a share of the required public sector equity stake, to achieve a return;

(c) that the County Council take the lead in the procurement of an energy sector partner, on behalf of the ESCo, providing an income stream on a full cost recovery basis.

[NB:  ...  view the full minutes text for item 12.

The Place Scrutiny Committee, at its meeting on 7 March 2016 (Minute *118), considered the Report of the Head of Planning, Transportation and Environment (PTE/16/13), attached, upon the impact on Pollinators of Neonicotinoids prepared in response to the Notice of Motion by Councillor Hook submitted to the County Council on 10 December 2015 and referred by  Cabinet to the Scrutiny Committee. 

That Committee was asked to comment upon the desirability of a Pollinators Action Plan being produced through which more detailed consideration might be given to any relevant restrictions on the use of Neonicotinoids on County Council property and any opportunities to support the conservation of bees and other pollinators and subsequently resolved:

‘(a) that the Committee welcome and endorse the principle of a Pollinators Action Plan being produced covering the issues outlined in Report PTE/16/13 and that Cabinet be recommended to adopt and implement such a Plan at the earliest opportunity;

(b) that, in addition, Cabinet be strongly advised to take all necessary steps where possible to prohibit the use of Neonicotinoids on land under the control or ownership of the County Council including existing and new tenants of the County Farms Estate;

(c) that the County Council engage other Councils in Devon and partner organisations to take similar action to that outlined above’

Recommendation: that the Scrutiny Committee’s views be noted and approval, in principle, be given to the adoption of a Pollinators Action Plan and Officers be asked to further explore the practicalities of the proposed actions at (b) above, seeking also the views of the County Farms Estate Committee as appropriate, and report further to Cabinet as soon as practicable. 

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(Councillor Hook attended in accordance with Standing Order 8 and Councillors Julian and Owen in accordance with Standing Order 25(2) and spoke to this item).

The Cabinet  noted that the Place Scrutiny Committee had, at its meeting on 7 March 2016 (Minute *118) and as requested by the Cabinet, considered the Report of the Head of Planning, Transportation and Environment (PTE/16/13) upon the impact on Pollinators of Neonicotinoids prepared in response to the Notice of Motion by Councillor Hook submitted to the County Council on 10 December 2015.  

The Scrutiny Committee, which had been asked to comment in particular, upon the desirability of a Pollinators Action Plan being produced through which more detailed consideration might be given to any relevant restrictions on the use of Neonicotinoids on County Council property and any opportunities to support the conservation of bees and other pollinators, had subsequently resolved:

‘(a) that the Committee welcome and endorse the principle of a Pollinators Action Plan being produced covering the issues outlined in Report PTE/16/13 and that Cabinet be recommended to adopt and implement such a Plan at the earliest opportunity;

(b) that, in addition, Cabinet be strongly advised to take all necessary steps where possible to prohibit the use of Neonicotinoids on land under the control or ownership of the County Council including existing and new tenants of the County Farms Estate;

(c) that the County Council engage other Councils in Devon and partner organisations to take similar action to that outlined above’

The Cabinet were advised that whilst the Chairman of the Place Scrutiny Committee had been unable to attend that day, he had nonetheless conveyed his request that the Cabinet should look very seriously at what was being suggested, taking into account and balancing all relevant factors.

Members also noted that the Leader of the Council had recently been presented with a petition organised by The Friends of the Earth’s ‘Bee Cause Campaign’  containing in the region of 3750 signatures of Devon residents congratulating the Council in agreeing to consider taking action to reduce the impact of Neonicotinoids upon bees and other pollinators.

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

RESOLVEDthat the Scrutiny Committee’s views be noted and approval, in principle, be given to the adoption of a Pollinators Action Plan as outlined in Report PTE/16/3 and Officers be asked to further explore the practicalities of the proposed actions at (b) above, seeking also the views of the County Farms Estate Committee as appropriate, and report further to Cabinet as soon as practicable.

The People’s Scrutiny Committee at its meeting on 21 March 2016 (Minute *147) considered the Report of its Task Group (CS/16/16), attached, looking at the exclusion process including preventative measures, school and off-site provision, funding to support students at risk and the use of multi-agency engagement, incorporating the views and experiences of pupils and staff. The Task Group’s recommendations included examining the extent to which disadvantaged pupils and those with Special Educational Needs featured among those excluded; that all teaching and support staff were able to enhance their skills in relation to emotional and social education; that schools were provided training on the how effective pastoral support systems could be developed and provided for all pupils; the legality and effectiveness of providing ‘late’ and ‘early’ schools and the use of part-time timetables in schools; multi-agency partnerships with particular attention to pupils with mental health needs and how schools worked with the Child and Adult Mental Health Service and for the Council to investigate the impact of Elective Home Education on pupils in Devon.  The Scrutiny Committee agreed that ‘the Task Group's findings and recommendations be commended to the Cabinet for approval and action’.

Recommendation: that the Task Group's recommendations be welcomed and the Cabinet Member for Children Schools and Skills be asked, in concert with the relevant Head(s) of Service to take all appropriate action, to take the recommendations forward.

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

The Cabinet noted that the  People’s Scrutiny Committee had, at its meeting on 21 March 2016 (Minute *147) considered the Report of its Task Group (CS/16/16) looking at the exclusion process including preventative measures, school and off-site provision, funding for  students at risk and the use of multi-agency engagement, incorporating the views and experiences of pupils and staff and had agreed that ‘the Task Group's findings and recommendations be commended to the Cabinet for approval and action’.

The Chief Executive acknowledged  that as the SOLACE spokesperson on Children & Young People this Report was both timely and helpful in identifying issues to be fed into discussions with the Department for Education around the Government’s proposals for academisation of schools.

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

RESOLVEDthat the Task Group's recommendations be welcomed and the Cabinet Member for Children, Schools and Skills be asked, in concert with the relevant Head(s) of Service to take all appropriate action to take the recommendations forward.

The Corporate Services Scrutiny Committee at its meeting on 24 March 2016 (Minute *92(a)) considered the Report of its Task Group (CS/16/15), attached, exploring the Council’s approach for the scrutiny of commissioning processes and commissioned services, reflecting the changing face of the Council and how it delivers services, looking at particular on strengthening communication and collaboration between Cabinet Members, Heads of Service and Scrutiny Committees, the contribution Scrutiny can play in commissioning and reviewing services provided to assist the Council in the developing policy to ensure the proper discharge the Council’s functions.  The Scrutiny Committee endorsed and commended the Task Group's findings and recommendations to the Cabinet for approval and action.

Recommendation: that the Task Group's recommendations be endorsed and the Cabinet Member for Performance & Engagement be asked to explore, in conjunction with relevant Cabinet Members and Head(s) of Service how best to take the recommendations forward.

(Councillors Connett and Westlake attended in accordance with Standing Order 25(2) and spoke to this item).

The Corporate Services Scrutiny Committee had, at its meeting on 24 March 2016 (Minute *92(a)),  considered the Report of its Task Group (CS/16/15) exploring the Council’s approach to the scrutiny of commissioning processes and commissioned services; reflecting upon the changing face of the Council, how it delivered services and looking at the potential for strengthening communication and collaboration between Cabinet Members, Heads of Service and Scrutiny Committees in commissioning and reviewing services, to assist the Council in developing policy to ensure the proper discharge the Council’s functions.  The Scrutiny Committee had endorsed and commended the Task Group's findings and recommendations to the Cabinet for approval and action.

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

RESOLVED that the Task Group's recommendations be endorsed and the Cabinet Member for Performance & Engagement be asked to explore, in conjunction with relevant Cabinet Members and Head(s) of Service, how best to take the recommendations forward.

The South Hams HATOC at its meeting on 1 April 2016 (Minute 55) considered a request from the Parish Council and local residents for the introduction of a 20mph speed limit on roads in Marldon Parish; this matter having previously been considered in November 2015 when it had been deferred pending the findings of the interim Department for Transport report on the effectiveness of 20mph speed limits and zones and the subsequent review of the Council’s policy on local speed limits.  That guidance had been expected to be published in  2016 but was now anticipated in 2017.

The HATOC had been advised by the Head of Service that the application for a reduced speed limit would not meet the Council’s criteria for Local Speed Limits. However, the Committee had asked  that the matter be referred to the Cabinet for determination as a departure from policy, the Committee being of the view that road safety concerns and accident statistics now submitted were sufficient to override current policy and that Cabinet should introduce a 20mph speed limit for the Parish of Marldon.

Recommendation: that the request for a 20mph speed limit on roads in the Parish of Marldon be not approved as it does not meet the criteria stated in the County Council’s policy for Local Speed Limits.

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

The Cabinet noted that the South Hams HATOC had, at its meeting on 1 April 2016 (Minute 55), considered a further request from the Parish Council and local residents for the introduction of a 20mph speed limit on roads in Marldon Parish; this matter having previously been considered in November 2015 when it had been deferred pending the findings of the interim Department for Transport report on the effectiveness of 20mph speed limits and zones and the subsequent review of the Council’s policy on local speed limits.  That guidance had been expected to be published in  2016 but was now anticipated in 2017.

The HATOC had been advised by the Head of Service that the application for a reduced speed limit would still not meet the Council’s criteria for Local Speed Limits. However, the Committee had asked that the matter be referred to the Cabinet for determination as a departure from policy, being of the view that the road safety concerns then reported and again now referred to were sufficient to override current policy and that Cabinet should introduce a 20mph speed limit for the Parish of Marldon.

The Cabinet Member for Highways Management & Flood Prevention indicated his intention to visit the area with local councillors and assess the situation for himself prior to consideration of a any definitive course of action.

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

RESOLVED that, while sympathising with the concerns of the local community and recognising that taking any action in advance of the publication by the Department for Transport of it’s Report on the effectiveness of 20mph speed limits and zones and the incorporation of any consequential changes to legislation in the Council’s policy may be premature, consideration of this matter be deferred pending the Cabinet Members inspection and a further report, acknowledging also that the matter may in any event be revisited once the Government’s Review had been concluded.

The following Notice of Motion submitted to the County Council by Councillor Wright had previously been referred to the Cabinet in accordance with Standing Order 8(2) for consideration, to refer to another committee or make a recommendation back to the Council.

 ‘This Council notes that:

- Tax avoidance by big business is rife and the Public Accounts Committee last year criticised HMRC for not doing more to tackle the problem;

- Austerity measures mean that £174m funding has been cut from this council over the past five years, this year £34m will be lost - and many more millions are set to be lost in the coming years, prompting damaging service cuts;

- The Devon portion of avoided corporation tax could total around £380m;

- The practice of tax avoidance among corporate giants also has a negative effect on small and medium-sized companies who pay more tax proportionately;

- That tax evasion and avoidance by multinational companies is costing developing countries up to $300 bn a year, according to the IMF – more than these countries receive in aid

This Council further notes:

In early 2015 new regulations required public bodies, including councils, to ask procurement qualification questions of all companies for tenders over £173,000 for service contracts and £4m for works contracts.

However, there are stricter standards available. This Council believes that bidders for council contracts should be asked to account for their past tax record, using the most rigorous possible government guidance (as in Procurement Policy Note 03/14)

This Council therefore calls for procurement procedures to be amended to require all companies bidding for council contracts to self-certify that they are fully tax-compliant in line with central government practice, using the standards in PPN 03/14, applying to contracts of the size specified above.

This Council asks the Cabinet to publicise this policy and to report on its implementation annually for the next three years.

While the Cabinet had, at its previous meeting, acknowledged the suggestion that the Council should not take any further action on the Notice of Motion in light of the action already being taken to comply with the Cabinet Office Directives (which formed part of its published procurement policies, as set out fully in Report BSS/16/5) - provided also that in future instances of supplier non-compliance be published annually on the Council’s website – it was nonetheless agreed, in light of further representations then made, that the Council could adopt more rigorous, higher thresholds, that consideration of this matter be deferred until this, the next meeting. 

Head of Business Support & Strategy to report. The factual briefing/background paper (BSS/16/5) is recirculated for Members’ convenience.

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

The Cabinet reconsidered  the Notice of Motion submitted to the County Council by Councillor Wright previously referred to the Cabinet in accordance with Standing Order 8(2) alongside a factual briefing/background paper prepared by the Head of Business Support & Strategy (BSS/16/5) to facilitate the Cabinet’s earlier discussion of this matter.  

While the Cabinet had, at its previous meeting, acknowledged the suggestion that the Council should not take any further action on the Notice of Motion as the Council complied with the Cabinet Office Directives (subject to any future instances of supplier non-compliance being published annually on the Council’s website)  it was agreed - in light of further representations made at that time that the Council could adopt more rigorous thresholds -  that consideration of this matter be deferred until this, the next meeting. 

The Head of Business Support & Strategy commented in more detail on the action already being taken by the Council to promote tax compliance incorporating and adhering directly to the principles currently laid down by the Cabinet Office and the 2015 Regulations. He advised also that the Cabinet Office had confirmed that the existing Procurement Policy Notes were to be revised shortly to ensure consistency with the current Regulations an that any revised guidance would continue to be applied by the Council in its procurement policy.

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

RESOLVED that pursuant to the above, the County Council be recommended to take no further action on the Notice of Motion for the time being in light of the action that is and will continue to be taken to comply with the Cabinet Office Directives (which currently forms part of its published procurement policies, as set out fully in Report BSS/16/5): provided also that in future instances of supplier non-compliance should be published annually on the Council’s website and that the Cabinet note that the Council’s procurement policies would be updated automatically to comply with any further, revised and updated Government Guidance. 

.

In accordance with the Council's Public Participation Rules, the relevant Cabinet Member responded to a question from a member of the public on Broadband: Connecting Devon & Somerset, responding orally to a supplementary question arising from the above.   The Cabinet Member indicated he would also respond direct to a further question on  the same matter from another member of the public who was not able to be present at the meeting.  

[NB: A copy of the questions and answers are appended to these minutes and any supplementary questions and answers may be observed through the webcast of this meeting  – see Notes below]

Devon Education Forum, 16 March 2016     

[NB: Minutes of  the Devon Education (Schools) Forum are published at:  http://www.devon.gov.uk/schoolsforum.htm ]

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

RESOLVED that the Minutes of the Devon Education Forum held on 16 March 2016 and any recommendations to Cabinet therein be approved:

[NB:Minutes of  the Forum are published at:  http://www.devon.gov.uk/schoolsforum.htm]

The Registers of Decisions taken by Members under the urgency provisions or delegated powers will be available for inspection at the meeting in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.  A summary of such decisions taken since the last meeting is attached.

The Registers of Decisions taken by Members and under the urgency provisions or delegated powers were available for inspection at the meeting in line with the Council’s Constitution and Regulation 13 of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012; a summary of decisions taken since the last meeting had been published with the Agenda for this meeting. Decisions taken by Officers under any express authorisation of the Cabinet or other Committee or under any general authorisation within the Council’s Scheme  of Delegation  set out in  Part 3 of the Council’s Constitution may be viewed at  https://new.devon.gov.uk/democracy/officer-decisions/

In accordance with the Council’s Constitution, the Cabinet is requested to review the list of forthcoming business (previously circulated) and to determine which items are to be defined as key and/or framework decisions and included in the Plan from the date of this meeting.

[NB: The Forward Plan is available on the Council's website at:http://www.devon.gov.uk/index/councildemocracy/decision_making/cabinet_committee/forward_plan.htm ]

In accordance with the Council’s Constitution, the Cabinet reviewed the Forward Plan and determined those items of business to be defined as key and framework decisions and included in the Plan from the date of this meeting onwards reflecting the requirements of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 at:

http://democracy.devon.gov.uk/mgListPlans.aspx?RPId=133&RD=0&bcr=1