Agenda item

Report of the County Solicitor (CS/17/16) on the Notices of Motion referred to the Cabinet by the County Council on 16 February 2017, 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. 

(a)        European Union Habitats Regulations (Councillor Wright)  

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:

‘Devon is home to many scarce and threatened habitats such as our ancient woodlands, rivers and wetlands, upland blanket bogs, lowland heaths, Culm grasslands and our stunning coast and marine environments. These support a myriad of species with internationally important populations of marsh fritillary butterflies, greater horseshoe bats, otters, overwintering waders and marine creatures including whales, dolphins and basking shark.

European Union Habitats Regulations protection of land and seascapes such as the pebblebed heaths in East Devon, large swathes of Dartmoor and Exmoor, the Exe and Tamar Estuaries and Lundy Island have meant that  wildlife has flourished over the years and has ensured that these places remain crucial international strongholds.

The latest State of Nature report published last October found that the UK has experienced huge losses of habitat and wildlife, and 15 per cent of those studied are threatened with extinction.

Leaving the European Union puts at risk all of these protections - and the Government has not yet promised to retain the same level of protections that currently exist under EU legislation.

This Council recognises the huge importance of these rich landscapes for people and wildlife in Devon – and calls upon the Secretary of State for the Environment to support the Environmental Audit Committee, as well as the coalition of wildlife and nature organisations, asking for retention of at least the same level of protection for our wildlife and environment, as takes place currently under EU law’.

The Mover of the Notice of Motion having acknowledged her 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 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 and 8, the County Council be recommended to endorse the Notice of Motion.

(b)        South West Local Enterprise Partnership – Chief Executive Pay (Councillor Connett)  

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:

‘At a time of huge reductions in Government funding for local councils forcing cuts in health, education, care for older people and children, Devon County Council is offended by the reported 26% pay rise for the chief executive of the Heart of the South West Local Enterprise Partnership.

We [Members] call upon the Council to take urgent steps to stop the annual pay rise of £24,271 and if it cannot do that, to withdraw from membership of the Partnership until common sense prevails with regard to top management pay increases’.

The Cabinet having considered the relevant Officer’s factual briefing/position statement on the matter, the comments of the relevant Cabinet Member on the financial benefits obtained by the Council from the LEP 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 and 8, the County Council be recommended to take no further action on the Notice of Motion.

(c)        Anti-Litter Campaigns – Deposit Scheme for Plastic Bottles (Councillor Hook)  

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

The following Notice of Motion submitted to the County Council by Councillor Hook 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 the County Council supports, in principle, the Sky News anti litter campaigns and in particular the proposal which is to be considered in Parliament after Easter to introduce a deposit scheme on plastic bottles: such schemes are currently in operation in 11 European countries and more than 30 countries worldwide where their introduction has seen a massive leap in plastic bottle recycling - in many cases upwards of 95%.

The County Council will contact all Devon MPs urging them to  support a plastic bottle deposit scheme to reduce waste, increase recycling and also make a major contribution to reducing dangerous marine pollution,   the latter being a significant and increasing problem  with plastic bottles and containers".

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 for further, detailed, consideration 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 the Devon Authorities Strategic Waste Committee be asked to consider the suggestion(s) outlined in the Notice of Motion – and report back to the Cabinet – alongside its consideration of the wider issues relating to litter/fly tipping campaigns and the potential for prevention/education and co-ordinated activities with partner agencies to tackle such problems.