Agenda item

Report of the County Solicitor (CSO/17/24) 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 (CSO/17/24) relating to those Notices of Motion set out hereunder submitted to the County Council by the Councillors shown, 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) Outturn Surplus and Re-allocation of Funds (Councillor Greenslade)

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

‘(1) that the County Council notes that earmarked reserves at outturn for 2016/17, excluding carry forwards, increased in year by £15,299 m with no spending being made against the reserves for budget management, business rates risk, emergency, and on street parking in 2016/17.

Accordingly County Council agrees to compensate all school budgets, which had suffered a £33 per pupil cut in 2017/18, by the equivalent of the loss in their budgets consequent upon this decision taken in setting the County Council’s budget for 2017/18.

The cost of this action, approx £2.2m, be met from the earmarked reserve for budget management.

(2) that the County Council organises a round table at which representatives of the Devon schools community debate with all the MP’s representing new Devon the issue of future school funding including a revised schools funding formula.’

The Mover of the Notice of Motion having spoken seeking the Cabinet’s support for the course of action proposed, therelevant Officer’s factual briefing/position statement on the matter, the relevant Cabinet Members’ willingness to endorse the underlying principles therein and his 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) and:

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

RESOLVED

(i)that in light of the actions already undertaken and taken by Cabinet Members, Officers and the wider education community to secure fairer funding for schools, outlined in Report CSO/17/24, the County Council be recommended to take no further action on the Notice of Motion;

(ii)that the Council continue to work with the f40 Group (which represents the lowest funded local authorities) to secure fairer funding for education.

(b) Police & Crime Commissioner (Councillor Dewhirst)

(Councillor Greenslade declared a personal interest in this matter by virtue of his son in law being a serving police officer).

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

‘Devon County Council is extremely alarmed at the proposal by the Police and Crime Commissioner, Alison Hernandez, to drastically reduce the number of PCSOs, the eyes and ears of the force.   At a recent consultation by South Devon and Dartmoor Community Safety Partnership, Neighbourhood Watch Co-ordinators, Parish, Town and Borough Councillors, District Councillors and County Councillors described the proposed changes as “dangerous”.   Members are hearing reports from constituents of massive increases in low-level crime in our towns, villages and rural areas.

Additionally there is a general concern that the Police and Crime Commissioner is unfit and unsuitable for her job after making tactless comments about being “really interested” in licensed firearm owners being allowed to act during terrorist incidents.   We endorse Deputy Chief Constable Paul Netherton’s view that “Under no circumstances would we want members of the public to arm themselves with firearms”.

This Council believes that the Police and Crime Commissioner is wrong to propose reductions in Neighbourhood Policing, that proposals to utilise domestically owned firearms is a crass and inadequate response to mounting concerns about police cuts and that her proposal to appoint a Deputy Police and Crime Commissioner is an appointment that is just not needed in these cash-strapped times.

We therefore request the Chief Executive to contact the Home Secretary requesting she use whatever powers may be available to remove Ms Hernandez from office allowing Devon and Cornwall Police to continue the fight against crime at all levels and that Members of Devon County Council show their lack of support for the Police and Crime Commissioner by voting “No Confidence” in her office’.

The Mover of the Notice of Motion having spoken, seeking the Cabinet’s support for the course of action proposed, therelevant Officer’s factual briefing/position statement on the matter, the relevant Cabinet Members’ support for the recommendation now before the Cabinet and his report of the deliberations of the Police & Crime Panel relating to these matters, and undertaking to provide a further update to the Council after the next Police and Crime Panel meeting, 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 Croad, SECONDED by Councillor Clatworthy, and

RESOLVED

(i) that, acknowledging the Chief Constable and the Police and Crime Commissioner are aware that the Neighbouring Policing Review outlined in Report CS/17/24 has created uncertainty within local communities the Chief Officer for  Community, Public Health, Environment & Prosperity be asked to liaise with the Police and Crime Commissioner to ensure that - as the review is taken forward - there is an opportunity for communities to contribute effectively to the review and that County Councillors are kept Member informed of developments relating to their electoral divisions;

(ii) that the Cabinet endorses the view of the Deputy Chief Constable that allowing licensed firearms owners to act during terrorist incidents would be wholly inappropriate.; and

(iii) that in light of the foregoing, and in accordance with Standing Orders 6 & 8, the County Council the County Council be recommended to take no further action on the Notice of Motion.

(c) Paris Accord on Climate Change (Councillor Hook)

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

"The people of Devon, along with vast numbers of people around the globe, were dismayed at the pronouncement from President Trump that he was pulling America out of the Paris Accord on Climate Change. This is a move that will impact negatively on all residents of this planet and is a step back in time. Climate Change is the single biggest threat to mankind, and the policies now to be followed by President Trump will cause it to accelerate. His policies will also undermine the health of the planet and the people who are sustained by the planet. Pollution of water and air are already killing hundreds of thousands prematurely.

This Council condemns President Trump for the action he has taken and will join with others from around the world in conveying to him this error of judgement on his part and request an early reconsideration and reversal of this decision."

The Mover of the Notice of Motion having spoken, the relevant Officer’s factual briefing/position statement on the matter, 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 Croad, SECONDED by Councillor Clatworthy, and

RESOLVED that the County Council (a) endorses the sentiment of the Notice of Motion, recognising that the decision of POTUS is regrettable and, potentially, de-stabilising and damaging to global efforts to tackle climate change through a reduction in greenhouse gas emissions; (b) reaffirms its [the Council’s] commitment to the implementation of its Energy Policy, Strategy and Action Plan as the most effective response to this situation and, consequently, (c) the County Council be recommended to take no further action on the Notice of Motion.