Agenda and minutes

Apologies for absence were received from Councillors Hardy and Roberts.

Members are requested to give notice of any disclosable pecuniary interest, which is not already included in their Register of Members' Interests and the nature of that interest, relating to any item on the agenda in accordance with the Members Code of Conduct, before leaving the meeting room during the discussion on that particular item.

The following declarations of interest were made:

The Motions under consideration did not directly engage or affect the interests of the Councillors set out above

Minutes of the Council meeting held on 6 September 2012

The Mayor reported on the recent death of Colonel ‘Paddy’ Bryson, a prominent and much admired citizen of this Borough, who would have celebrated his 100^th Birthday next year.

Colonel Bryson was a World War Two Veteran, former Regimental Commanding Officer, former High Court Judge and the holder of a Queen’s Order for bravery and the OBE.

He was also the Liverpool and County President of the Royal British Legion, a Knight of the Honourable Society of the Knights of the Round Table, Knight Commander of the Papal Order of St. Gregory, Honorary Life President of the Merseyside Council of Ex-Service and Regimental Associations, and lifetime member of the Royal British Legion.

He had presided over the North West Cancer Research Fund, the Liverpool Law Society and the West Lancashire and Liverpool Royal British Legion.

Past positions included Commissioner of Taxes, Chairman of the Medical Appeal Tribunal, Senior District Registrar of the High Court of Justice, Chairman of the Lord Mayor’s Poppy Fund and organiser of the Lime Street Remembrance Day commemorations.

The Mayor indicated that he had attended the funeral of Colonel Bryson on behalf of the people of the Borough on 8 October 2012 and would again be representing the Borough at a memorial service to be held in Liverpool Metropolitan Cathedral on 25 November 2012.

To deal with matters raised by members of the public resident within the Borough, of which notice has been given in accordance with the procedures relating to public questions, motions or petitions, set out in Paragraphs 36 to 46 of Chapter 4 in the Council Constitution.

To receive and consider questions to Cabinet Members, Chairs of Committees or Spokespersons for any of the Joint Authorities upon any matter within their portfolio/area of responsibility, of which notice has been given by Members of the Council in accordance with Paragraphs 48 to 50 in Chapter 4 of the Council Constitution.

The Council considered a schedule setting out the written questions submitted by:

·        Councillor Ashton to the Leader of the Council (Councillor P. Dowd)

·        Councillor Robertson to the Council’s Spokesperson on the Merseyside Integrated Transport Authority (Councillor Friel)

·        Councillor McGuire to the Cabinet Member – Corporate Services and Performance (Councillor Tweed)

·        Councillor Jones to the Leader of the Council (Councillor P. Dowd)

·        Councillor Crabtree to the Cabinet Member – Children, Schools, Families and Leisure (Councillor Moncur)

·        Councillor Shaw to the Chair of the Overview and Scrutiny Committee – Regeneration and Environmental Services (Councillor McKinley)

·        Councillor Hands to the Cabinet Member – Children, Schools, Families and Leisure (Councillor Moncur)

·        Councillor Dawson to the Cabinet Member – Transportation (Councillor Fairclough)

·        Councillor Dawson to the Cabinet Member – Children, Schools, Families and Leisure (Councillor Moncur)

·        Councillor Dawson to the Cabinet Member – Older People and Health (Councillor Cummins)

together with the responses given.  Supplementary questions were asked and responded to by the Leader of the Council and the Cabinet Members for Children, Schools, Families and Leisure; Corporate Services and Performance; and Transportation.

Report of the Head of Transformation Services and Head of Corporate Finance and ICT

Further to the meetings of the Cabinet held on 13 September, 11 October and 8 November 2012, the Council considered the report of the Head of Transformation Services and the Head of Corporate Finance and ICT which provided details of a package of budget savings proposals to enable the Council to achieve the current budget savings of £43.7 million for the period 2013/14 to 2014/15.

The report contained the following annexes:

Annex A – Work Programme Timetable

Annex B – Business efficiencies on which approval to progress immediately was sought

Annex C – Internal consultation proposals on which approval to progress immediately was sought

Annex D – Integration proposals on which approval to progress immediately was sought

Annex E – External consultation (information) proposals on which approval to progress as described was sought

This was a Key Decision and was included in the Council’s Forward Plan of Key Decisions.

The Leader of the Council, Councillor P. Dowd referred to the current budget savings of £43.7m which had to be achieved for the period 2013/14 to 2014/15 and indicated that the Government was due to announce the Local Government Settlement for 2013/14 in December 2012 and the confirmation of the external revenue support from the Government would provide greater clarity of the Council’s saving requirement for 2013/14.

 It was moved by Councillor P. Dowd, seconded by Councillor Maher:

1)         the work programme timetable contained in Annex A of the report be noted;

Annex B – Business efficiencies on which approval to progress immediately was sought

2)         approval be given to the budget reductions, increased income targets and adjustments to the Medium Term Finances Plan as outlined in Annex B of the report and Officers be authorised to continue with engagement and implementation processes with partners, key stakeholders, employees and Trade Unions as appropriate with a view to achieving the agreed changes at the earliest opportunity;

Annex C – Internal consultation proposals on which approval to progress immediately was sought

3)         approval be given to the proposals as described in Annex C of the report;

Annex D – Integration proposals on which approval to progress immediately was sought

4)         approval be given to the proposals as described in Annex D of the report;

Annex E – External consultation (information) proposals on which approval to progress as described was sought

5)         approval be given to the proposals as described in Annex E of the report;

6)         it be noted that the risks and mitigating actions outlined in Annexes C, D and E of the report had been taken into account;

7)         it be noted that where changes and/or savings cannot be achieved through deletion of vacant posts, Voluntary Redundancy or Voluntary Early Retirement then there may be a need for compulsory redundancies arising from a number of proposals outlined in the report that are subject to normal procedures; and

8)         it be noted that the Cabinet had been made aware of the need to notify the Department of Business Innovation and Skills and  ...  view the full minutes text for item 63.

Report of the Director of Built Environment

Further to Minute No. 67 of the Cabinet meeting held on 11 October 2012, the Council considered the report of the Director of Built Environment on the award of grant funding of £30,803 from the Department for Environment, Food and Rural Affairs to undertake further investigations into potentially contaminated land within the Borough.

It was moved by Councillor P. Dowd, seconded by Councillor Maher and

RESOLVED:

That approval be given to the inclusion of the grant funding of £30,803 in the Council’s Capital Programme for 2012/13.

Report of the Director of Built Environment

Further to Minute No. 20 of the meeting of the Licensing and Regulatory Committee held on 24 September 2012, the Council considered the report of the Director of Built Environment on the revised Statement of Gambling Licensing Policy which had been produced in accordance with Gambling Act 2005.

It was moved by Councillor Kerrigan, seconded by Councillor Robinson and

RESOLVED:

That the revised Statement of Gambling Licensing Policy be approved.

Report of the Leader of the Council

The Council considered the report of the Leader of the Council setting out the details of those matters dealt with in accordance with Rule 28 of the Access to Information Procedure Rules and Rule 46 of the Overview and Scrutiny Committee Procedure Rules set out in the Council Constitution.

The Leader of the Council, Councillor P. Dowd reported that the Cabinet meeting on 6 December 2012 had been cancelled and re-arranged to be held on 13 December 2012, commencing at 10.00 a.m. in Bootle Town Hall; and the venue for the Cabinet meeting on 17 January 2013 had been changed from Southport Town Hall to Bootle Town Hall. He also indicated that a future meeting of the Cabinet scheduled to be held at Bootle Town would be changed to Southport Town Hall in due course.

RESOLVED:

That the report and verbal report be noted.

To consider any changes to the Membership of any Committees etc.

It was proposed by Councillor Webster that the following changes be made to the Membership of the following Committees:

Overview and Scrutiny Committee (Health and Social Care)

Councillor Murphy to replace Councillor Killen as a Member of the Committee.

It was moved by Councillor Blackburn that the following change be made to the Membership of the following Committee

Overview and Scrutiny Committee (Performance and Corporate Services)

Councillor McGuire to replace Councillor Robertson as a Member of the Committee and Councillor Robertson to be the new Substitute Member for Councillor Ashton on the Committee

RESOLVED:

That the changes to the Membership of the Committees listed above be approved.

To consider the following Motion submitted by Councillor Sir Ron Watson:

"Sefton Council welcomes the clear commitment given by the Prime Minister not to introduce a Mansion Tax”

It was moved by Councillor Sir Ron Watson, seconded by Councillor Cuthbertson:

“Sefton Council welcomes the clear commitment given by the Prime Minister not to introduce a Mansion Tax”

Following debate thereon, on a show of hands, the Mayor declared that the Motion was lost by 54 votes to 2 with 8 abstentions and it was

RESOLVED:

That no action be taken on the Motion.

To consider the following Motion submitted by Councillor Weavers:

“This Council welcomes the appointment of consultants for a sustainable energy action plan for the Liverpool City Region.

The Council recognises that a sustainable energy action plan will be of immense importance for investment, businesses, jobs and the environment within Sefton.

This Council commits itself to implementing a sustainable energy action plan and notes that delaying the implementation of an action plan will cost jobs and money.”

It was moved by Councillor Weavers, seconded by Councillor Maher and

unanimously

RESOLVED:

The in accordance with Rule 84 of the Council and Committee Procedure Rules (Motions on Expenditure), the following Motion be referred to the Cabinet for consideration of the financial implications in advance of any budgetary commitment and prior to any action being taken to implement the decision:

“This Council welcomes the appointment of consultants for a sustainable energy action plan for the Liverpool City Region.

The Council recognises that a sustainable energy action plan will be of immense importance for investment, businesses, jobs and the environment within Sefton.

This Council commits itself to implementing a sustainable energy action plan and notes that delaying the implementation of an action plan will cost jobs and money.”

To consider the following Motion submitted by Councillor McKinley:

“Financial Malpractice:

This Council recognises that taxation is an investment that enables the public and private sectors ability to do business and that tax evasion and avoidance are dysfunctional for the workings of a healthy economy. We condemn unethical business practice such as tax evasion, tax avoidance through loopholes, the activities of the offshore secrecy industry and the international financial malpractice operated by multinational companies. These actions significantly contributed to the banking crisis and continue to siphon millions of pounds in flight capital out of the UK economy each day. We believe such activities are immoral and little more than economic crimes against the citizens of the UK, furthermore, they contribute to the growing wealth of the undeserving rich at the expense of and the impoverishment of middle and lower income working people. The UK deficit could be significantly reduced if such financial malpractice could be controlled, this fact exposes the Coalition governments ideologically driven weapon of choice ‘austerity’ as little more than a convenient smokescreen to embed economic liberalism  and reduce the size of the state. We call on national and local government to act to stop immoral financial malpractice.

We call on the National Government to:

Seek international agreement on cross border taxation and the control of multinational transfer pricing and support the European Union’s initiatives to introduce a financial transactions Tax;

Re- introduce legislation on Usury to prevent the charging of excessive rates of interest; 

Introduce effective regulation of the financial services sector, including democratic control of the offshore industry and the activities of the City of London Corporation; and

Introduce an effective General Anti-Abuse Rule to prevent tax evasion and dysfunctional tax avoidance.

Sefton Council will:

Enhance /reaffirm its commitment to ethical business practice to include a more robust approach to the assessment of ethical business practice as part of the local implementation of Social value/procurement legislation.”

It was moved by Councillor McKinley, seconded by Councillor Gatherer:

“Financial Malpractice: 

This Council recognises that taxation is an investment that enables the public and private sectors ability to do business and that tax evasion and avoidance are dysfunctional for the workings of a healthy economy. We condemn unethical business practice such as tax evasion, tax avoidance through loopholes, the activities of the offshore secrecy industry and the international financial malpractice operated by multinational companies. These actions significantly contributed to the banking crisis and continue to siphon millions of pounds in flight capital out of the UK economy each day. We believe such activities are immoral and little more than economic crimes against the citizens of the UK, furthermore, they contribute to the growing wealth of the undeserving rich at the expense of and the impoverishment of middle and lower income working people. The UK deficit could be significantly reduced if such financial malpractice could be controlled, this fact exposes the Coalition governments ideologically driven weapon of choice ‘austerity’ as little more than a convenient smokescreen to embed economic liberalism  and reduce the size of the state. We call on national and local government to act to stop immoral financial malpractice.

We call on the National Government to:

Seek international agreement on cross border taxation and the control of multinational transfer pricing and support the European Union’s initiatives to introduce a financial transactions tax; 

Re- introduce legislation on Usury to prevent the charging of excessive rates of interest; 

Introduce effective regulation of the financial services sector, including democratic control of the offshore industry and the activities of the City of London Corporation; and

Introduce an effective General Anti-Abuse Rule to prevent tax evasion and dysfunctional tax avoidance.

Sefton Council will:

Enhance /reaffirm its commitment to ethical business practice to include a more robust approach to the assessment of ethical business practice as part of the local implementation of social value/procurement legislation.”

The Mayor indicated that the Motion in its current format, was one to which Rule 84 of the Council and Committee Procedure Rules (Motions on Expenditure) applied and if carried, it would need to be referred to the Cabinet for final consideration of the financial implications in advance of any budgetary commitment and prior to any action being taken to implement the decision.  If the Motion was amended and there are no financial implications arising from the Substantive Motion, it would not need to be referred to the Cabinet.

An amendment was moved by Councillor Papworth, seconded by Councillor Dutton that the Motion be amended by deleting the words “and support the European Union’s initiatives to introduce a financial transactions tax” in the sub-paragraph following the statement headed: “we call on the National Government to.”

On a show of hands, the Mayor declared that the amendment was lost by 50 votes to 9.

On a show of hands, the Mayor declared that the original Motion was carried by 32 votes to 8 with 18 abstentions and  ...  view the full minutes text for item 70.

To consider the following Motion submitted by Councillor Papworth:

“The Council is pleased to note that a ‘Military Covenant’ for Sefton was signed on 18th May 2012, and that besides being among the first in the Country, our covenant successfully covers all the major points mentioned in the subsequent Royal British Legion publication  on Best Practice in such matters.

The Council places on record its thanks to those whose efforts produced this encouraging start - Sefton CVS and many others in the Voluntary Sector, numerous military officers, and of course, Sefton's own officers.

The Council recognises that the Covenant will always be a ‘work-in-progress’, needing up-dating to ensure that it meets current needs;  in this connection the Council welcomes the Government's recent changes to Housing regulations, which will make it easier for demobilised Service people to gain priority access to local housing.”

It was moved by Councillor Papworth, seconded by Councillor Brodie – Browne and unanimously

RESOLVED:

The Council is pleased to note that a ‘Military Covenant’ for Sefton was signed on 18th May 2012, and that besides being among the first in the Country, our covenant successfully covers all the major points mentioned in the subsequent Royal British Legion publication  on Best Practice in such matters.

The Council places on record its thanks to those whose efforts produced this encouraging start - Sefton Council for Voluntary Service and many others in the Voluntary Sector, numerous military officers, and of course, Sefton's own officers.

The Council recognises that the Covenant will always be a ‘work-in-progress’, needing up-dating to ensure that it meets current needs;  in this connection the Council welcomes the Government's recent changes to Housing regulations, which will make it easier for demobilised Service people to gain priority access to local housing.

To consider the following Motion submitted by Councillor McGuire:

“This Council notes the serious and damaging animal welfare and economic impact that Bovine TB has on British farming. This Council also notes with concern the considerable public and scientific opposition to the Government’s proposals to pilot a badger cull.

The Council welcomes the decision to postpone the cull and urges the Government to re-evaluate the options - including vaccination.

The Council acknowledges scientific research that highlights the short-comings in the government’s current proposals including a report by the Independent Scientific Group (ISG) that concluded that, ‘badger culling can make no meaningful contribution to cattle TB control in Britain.”

It was moved by Councillor S. McGuire, seconded by Councillor Preece:

“This Council notes the serious and damaging animal welfare and economic impact that Bovine TB has on British farming. This Council also notes with concern the considerable public and scientific opposition to the Government’s proposals to pilot a badger cull.

The Council welcomes the decision to postpone the cull and urges the Government to re-evaluate the options - including vaccination.

The Council acknowledges scientific research that highlights the short-comings in the government’s current proposals including a report by the Independent Scientific Group that concluded that, ‘badger culling can make no meaningful contribution to cattle TB control in Britain.”

Following a brief debate thereon, on a show of hands, the Mayor declared that the Motion was carried by 60 votes to 1 and it was

RESOLVED:

This Council notes the serious and damaging animal welfare and economic impact that Bovine TB has on British farming. This Council also notes with concern the considerable public and scientific opposition to the Government’s proposals to pilot a badger cull.

The Council welcomes the decision to postpone the cull and urges the Government to re-evaluate the options - including vaccination.

The Council acknowledges scientific research that highlights the short-comings in the government’s current proposals including a report by the Independent Scientific Group that concluded that, ‘badger culling can make no meaningful contribution to cattle TB control in Britain.

To consider the following Motion Submitted by Councillor Brodie – Browne:

“This Council notes

(a)       widespread media reports that Starbucks has paid no corporation       tax       in the UK, in the last three years despite last year having UK     sales of           £398m. Starbucks describe their UK business as "profitable" and but   paid nothing in corporation tax;

(b)       In comparison, the British company, Costa Coffee had sales of             £377m and a corporation tax bill of £15m;

(c)        the widespread practice of multinational companies which         minimise        their exposure to UK taxation by manipulating their          payments to   subsidiaries located in tax havens; and

(d)       that many small, local, independent coffee shops pay their taxes           in         full.

The Council expresses support for the many local businesses which make full and fair tax payments every year and urges the Government to continue to extend its programme of measures designed to make all companies pay fair taxation based upon genuine profit levels

The Council urges citizens of the Borough of Sefton to support those enterprises which fulfil basic duties of corporate social responsibility and pay a proper level of tax.”

It was moved by Councillor Brodie-Browne, seconded by Councillor Dawson:

“This Council notes

(a)       widespread media reports that Starbucks has paid no corporation tax  in the UK, in the last three years despite last year having UK sales of £398m. Starbucks describe their UK business as "profitable" but paid nothing in corporation tax;

(b)       in comparison, the British company, Costa Coffee had sales of £377m and a corporation tax bill of £15m;

(c)        the widespread practice of multinational companies which minimise their exposure to UK taxation by manipulating their payments to   subsidiaries located in tax havens; and

(d)       that many small, local, independent coffee shops pay their taxes in full.

The Council expresses support for the many local businesses which make full and fair tax payments every year and urges the Government to continue to extend its programme of measures designed to make all companies pay fair taxation based upon genuine profit levels

The Council urges citizens of the Borough of Sefton to support those enterprises which fulfil basic duties of corporate social responsibility and pay a proper level of tax.”

Following debate thereon, on a show of hands, the Mayor declared that the Motion was carried by 50 votes to 10 with 1 abstention and it was

RESOLVED:

This Council notes

(a)       widespread media reports that Starbucks has paid no corporation tax  in the UK, in the last three years despite last year having UK sales of £398m. Starbucks describe their UK business as "profitable" but paid nothing in corporation tax;

(b)       in comparison, the British company, Costa Coffee had sales of £377m and a corporation tax bill of £15m;

(c)        the widespread practice of multinational companies which minimise their exposure to UK taxation by manipulating their payments to   subsidiaries located in tax havens; and

(d)       that many small, local, independent coffee shops pay their taxes in full.

The Council expresses support for the many local businesses which make full and fair tax payments every year and urges the Government to continue to extend its programme of measures designed to make all companies pay fair taxation based upon genuine profit levels

The Council urges citizens of the Borough of Sefton to support those enterprises which fulfil basic duties of corporate social responsibility and pay a proper level of tax.

To consider the following Motion submitted by Councillor Robertson:

“This Council congratulates Councillor Liam Robinson, Chair of Merseytravel, on establishing two Inquiries into concerns raised by Labour Party councillors and others about issues of governance at Merseytravel. 

The Council notes that one Inquiry report has been published and one is about to be published.

The Council urges the Merseyside Integrated Transport Authority to carry out all the recommendations in the reports.”

It was moved by Councillor Robertson, seconded by Councillor Keith:

“This Council congratulates Councillor Liam Robinson, Chair of Merseytravel, on establishing two Inquiries into concerns raised by Labour Party councillors and others about issues of governance at Merseytravel.

The Council notes that one Inquiry report has been published and one is about to be published.

The Council urges the Merseyside Integrated Transport Authority to carry out all the recommendations in the reports.”

Following debate thereon, on a show of hands, the Mayor declared that the Motion was lost by 42 votes to 19.

RESOLVED:

That no action be taken on the Motion.