Agenda item

Notice(s) of Motion referred from Council (Minutes 124 - 130 of 19 July 2018)

Report of the County Solicitor (CSO/18/25) on the Notices of Motion referred to the Cabinet by the County Council on 19 July 2018, incorporating relevant briefing notes to facilitate the Cabinet’s discussion of the matters raised.

(a) Outsourcing and Devon County Council Contracts

(b) Badger Culling and DCC Property

(d) Road Repairs and Skansa Contract

(e) Community Hospital Buildings

(f) Universal Credit

(g) Environmental Protection

Minutes:

(a) Outsourcing and Devon County Council Contracts

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

This Council is concerned that outsourcing Devon County Council (DCC) contracts can reduce financial flexibility and the ability to respond to changes in policies and facilitate effective cross department working across interrelated DCC services in complex areas like the health and wellbeing of children. Accordingly, DCC can no longer afford to be locked into long term, difficult if not impossible to vary contractual schemes for services like Children and Mental Health if it wishes to remain responsive to the needs of Children from birth to age 25.

In view of cross party concern to fully and effectively integrate cross department working in children’s health and mental health services and education Devon County Council should bring back key services in-house and manage them in the wider public interest including value for money (defined broadly to include effects on public revenues and community wellbeing at large) and social value tests.

The Mover of the Notice of Motion (wording of Motion outlined above) had sought the Cabinet’s support for the course of action originally suggested and raised further concerns over the potential fragmentation of Children’s Services.

Members considered the Officer’s factual briefing note on the matter which referred to the responsibilities for the provision of wellbeing services for children and the CCG’s having a greater share of national policy obligations and also their support for the recommendation now before the Cabinet, and to 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 McInnes, SECONDED by Councillor Hart, and

RESOLVED that the Council be asked to note the continued commitment and investment in joint arrangements for the commissioning of mental health services for children. The Council will continue to use its influence as a key partner in strategic and commissioning arrangements to further improve mental health services for children.

(b) Badger Culling and DCC Property

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

The Council will not permit badger culling to take place on property owned by the County Council and calls for the badger cull to be ended throughout Devon; due to the scientific consensus that it is ineffective and is therefore cruel and unnecessary.

The Council calls on DEFRA to begin a nationwide vaccination programme of badgers, which initial studies show to be highly effective in preventing the spread of bTB.

With the TB vaccine becoming available again, the Council calls on the government to instead invest in the development of cattle vaccine, more effective TB tests and introduce other measures to improve farm biosecurity as a vital part of effectively controlling bTB such as effective cattle movement controls

The Council calls on all governments, present and future, to not authorise badger culls for the purpose of controlling the spread of bTB, unless there is overwhelming scientific evidence showing the potential cull to be effective and necessary.

The Mover of the Notice of Motion (wording of Motion outlined above) had sought the Cabinet’s support for the course of action originally suggested and raised further comments in relation to other land owned by the Council, the need for improved mechanisms for dealing with Bovine TB and vaccination programmes.

Members considered the Officer’s factual briefing note on the matter which also referred to the Governments position and also the legal position of the Council with regard to its Farms Estate and their support for the recommendation now before the Cabinet, representations previously made and to actions now proposed 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 Croad, SECONDED by Councillor Hart, and

RESOLVED that Council be advised that Cabinet notes the Notice of Motion but understands that the Government are continuing to widen the scope for culling zones across the country (as currently the most likely effective solution), and that there are continuing trial vaccinations taking place. The Council are not able to prevent County Farm tenant’s from participating in a licenced and lawful cull.

(Councillor Davis declared a Disclosable Pecuniary Interest in this matter by virtue of being Deputy Leader of Exmoor National Park Authority and a Member of the North Devon AONB and withdrew from the meeting during its consideration).

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

This Council supports the establishment of a Dorset and East Devon National Park and resolves to submit a case for this to the DEFRA review of national parks.

The Mover of the Notice of Motion (wording of Motion outlined above) had sought the Cabinet’s support for the course of action originally suggested and raised the importance of conserving the environment and protecting communities as well as complementing the World Heritage Sites.

Members considered the Officer’s factual briefing note on the matter and their support for the recommendation now before the Cabinet, representations previously made and to actions now proposed 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 Croad, and

RESOLVED that Cabinet recommends that the Council:

(a) welcomes the work of the independent panel in undertaking its review of National Parks and AONBs and, based on the significance and extent of these nationally protected landscapes in Devon, invites it to visit Devon and draw on the experience of this Authority and others involved in the management of these areas; and

(b) defers any expression of support for the establishment of a Dorset and East Devon National Park unless or until the overriding benefit of this approach to Devon’s wider interests is clearly demonstrated.

(d) Road Repairs and Skansa Contract

(Councillor Hook attended in accordance with Standing Order 8 and Councillors Biederman, Brazil, Dewhirst, Hannaford and Shaw attended in accordance with Standing Order 25(2) and spoke to this item).

The quality of road repairs since Skanska took on the contract has reached a new low. Certainly, that is the case in Newton Abbot. Consequently, officers will make early recommendations to Cabinet for immediate improvements in the quality of workmanship. These recommendations to include more frequent quality control inspections and the imposition of financial penalties for inadequate work, demonstrated by the need to return to any given pothole or equivalent piece of work within a 6 month period.

The Mover of the Notice of Motion (wording of Motion outlined above) had sought the Cabinet’s support for the course of action originally suggested and added his wish that the Scrutiny Task Group would address the issue of quality control inspections.

Members considered the Officer’s factual briefing note on the matter including the current work being undertaken by the Corporate Infrastructure and Regulatory Services Scrutiny Committee Task Group which appeared to cover the scope of the Notice of Motion, the comments from other Members speaking under Standing Order 25(2) that improvements had been made and their support for the recommendation now before the Cabinet, representations previously made and to actions now proposed 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 Hughes, SECONDED by Councillor Hart, and

RESOLVED that Council be advised that a Scrutiny Task Group has been established by the Corporate Infrastructure & Regulatory Services Scrutiny Committee, and that the outcomes from that review are considered by Cabinet when they are available.

(e) Community Hospital Buildings

(Councillor Wright attended in accordance with Standing Order 8 and Councillors Biederman, Hannaford, Shaw and Whitton attended in accordance with Standing Order 25(2) and spoke to this item).

This Council notes the millions of pounds that local communities have invested into their community hospitals over many years, across Devon.

This Council appreciates how much local people care about their hospitals, about retaining beds in those hospitals that still have them and about retaining health services in those that have lost their beds.

This Council acknowledges that the strong feeling that is present in many communities in Devon about the retention of community hospital buildings where beds have been closed.

This Council strongly supports the retention of all Devon community hospital buildings for the provision of health and social care services and will strongly oppose any plans to declare any community hospital building surplus to requirements.

Members considered the Officer’s factual briefing note on the matter, which outlined the current process and use of community hospital buildings, and their support for the recommendation now before the Cabinet, and to actions now proposed and 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 Leadbetter, SECONDED by Councillor Hart, and

RESOLVED that Council be asked to note that this is a matter for the NHS but this Council will work in partnership to influence decision making appropriate to individual circumstances, including population need and the quality of building.

(f) Universal Credit

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

Universal Credit is due to be rolled out in Devon in September. The National Audit Office has concluded in its recent report that Universal Credit has not delivered value for money and it is uncertain if it ever will.

The NAO has “significant doubts” about the DWP’s expected savings. Universal Credit currently costs £699 per claim, which is four times as much as the DWP intends for it to cost when the systems are fully developed, the report said.

Local and national bodies, as well as claimants, showed the NAO evidence of people suffering hardship during the rollout of the full UC service. The report said: “These have resulted from a combination of issues with the design of Universal Credit and its implementation. The department has found it difficult to identify and track those who it deems vulnerable. It has not measured how many Universal Credit claimants are having difficulties because it does not have systematic means of gathering intelligence from delivery partners.”

Its survey of full service claimants, published in June 2018, the department found that four in ten claimants that were surveyed were experiencing financial difficulties.”

The report said that while it recognises the “determination and single-mindedness” with which the DWP has “driven the programme forward to date, through many problems” local and national organisations have raised issues and the department does not accept that UC causes hardship among claimants “because it makes advances available and believes that if claimants take up these opportunities hardship should not occur”.

There are serious problems with the system’s design and implementation. People need better support to make claims and should not be left without enough money to live on. It is unhelpful that the government reduces 40% from people’s benefits to pay back a loan given to them to survive the month long gap before they receive their first payment."

The Council is urged to write to the DWP to ask what its plans are for making sure that the claimants in Devon do not suffer hardship in the changeover and to ensure that claimants can get the advice and support from the DWP and independent agencies.

Members considered the Officer’s factual briefing note on the matter including the work of the Council with DWP and other partners and their support for the recommendation now before the Cabinet, 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):

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

RESOLVED

(a) that the Council supports the overall aims of Universal Credit as described in the briefing note circulated to the Cabinet (CSO/18/25);

(b) that the Council recognise that Universal Credit is a very complex programme and that the Department of Work & Pensions is working to address the problems highlighted in the National Audit Office’s report; and

(c) that the Council continues to support the DWP, JobCentrePlus, Devon’s District Councils, Devon Citizens Advice and many other organisations in providing advice and support to claimants as Universal Credit in rolled out in Devon.

(g) Environmental Protection

(Councillor Wright attended in accordance with Standing Order 8 and Councillor Dewhirst attended in accordance with Standing Order 25(2) and spoke to this item). The wording of the Motion as outlined below.

This Council shares the government’s desire to leave our environment in a better state than it is now.

But its proposals are unlikely to achieve that ambition. They will leave the environment with weaker protection than it currently has under our EU membership - a long way off the ‘world-leading watchdog’ it promised.

To deliver the protection the environment needs, this council calls on the government to ensure that the proposed new law, must at least:

· Deliver world-leading environmental governance, including the watchdog promised, with powers that are at least as strong than any other environmental watchdog in the world, which any citizen can complain to for free.

· Deliver a watchdog which will investigate all breaches of environmental law by any part of government, including reviewing and challenging significant, strategic or nationally important planning and infrastructure decisions, robustly enforce the law including through fines and legal action, and ensure public bodies act to ensure damage is restored.

· Put environmental principles into law, not just policy. These principles should include at a minimum, those environmental principles found in the EU treaties (for example, that principle that polluters should pay to rectify damage they cause), but the bill should allow for the addition of new principles where appropriate.

· Set legal targets for nature’s recovery, against which this and future governments will be held to account, to ensure long-term action that will leave the environment in a better state.

· Work with other countries, in a transparent way, to co-develop and co-design environmental governance arrangements and secure our existing environmental principles.

This Council recognises the huge importance of the Devon environment – both for local residents and visitors who will support the local economy, as well as the wildlife, and urges government to listen to environmental organisations such as the RSPB and significantly strengthen proposals to meet its own strong ambitions for nature’s recovery.

Members considered the Officer’s factual briefing note on the matter including reference to two recent developments in national environmental policy and legislation and their support for the recommendation now before the Cabinet, 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):

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

RESOLVED that the Cabinet recommends that Council endorse the spirit of the Notice of Motion and notes that appropriate action is already underway to promote the adoption by Government of strong, new environmental policies and enforcement following Brexit, plus new approaches to improving this Authority’s own environmental performance in line with the 25 Year Environment Plan.

Supporting documents:

Notice(s) of Motion referred from Council (CSo1825), item 226. PDF 144 KB