Agenda and minutes

Apologies for absence were received from Mr Barbour, Mr Barry, Mr Berry, Mr Bingham, Miss Fearon, Mrs Gray, Dr Haraldsen, Mr Hawkins, Mr Hitchen, Mr Marriner, Mr McSweeney and Mr Stoddart.

To disclose any disclosable pecuniary interests relating to any item on the agenda.

Members are asked to refer to the Monitoring Officer for advice in relation to the declaration of interests at meetings of the full Council.  A complete list of declarations notified to the Monitoring Officer by 5.00 pm on Monday ???  will be circulated at the meeting. If any member wishes to correct or add to the circulated list, guidance on what constitutes a disclosable pecuniary interest is set out below.

NB The following is a summary of what constitutes a disclosable pecuniary interest. Please seek advice from the Monitoring Officer.

Members must disclose any disclosable pecuniary interest they have in any item on the agenda which comprises

1          Details of any employment, office, trade, profession or vocation carried on for       profit or gain.

2          Details of any payment or provision of any other financial benefit (other than from the authority) made or provided within the relevant period in respect of any expenses incurred by you in carrying out duties as a member, or towards your election expenses.  (This includes any payment or financial benefit from a trade union within the meaning of the Trade Union and Labour Relations (Consolidation) Act 1992.

3          Details of any contract which is made between you (or a body in which you have a beneficial interest) and the authority

(a)       Under which goods or services are to be provided or works are to be           executed; and

            (b)       Which has not been fully discharged.

4          Details of any beneficial interest in land which is within the area of the authority. 

5          Details of any licence (alone or jointly with others) to occupy land in the area of the authority for a month or longer. 

6          Details of any tenancy where (to your knowledge)

            (a)       The landlord is the authority; and

            (b)       The tenant is a body in which you have a beneficial interest.

7          Details of any beneficial interest in securities of a body where

(a)       That body (to your knowledge) has a place of business or land in the          area of the authority; and

(b)       Either –

(i)      The total nominal value of the securities exceeds £25,000 or one        hundredth of the total issued share capital of that body; or

(ii)     If that share capital of that body is of more than one class, the total nominal value of the shares of any one class in which the relevant person has a beneficial interest exceeds one hundredth of the total issued share capital of that class.

In addition, you must also disclose other non-pecuniary interests set out in the Code of Conduct where these have not already been registered.

Note

A “disclosable pecuniary interest” is an interest of a councillor or their partner (which means spouse or civil partner, a person with whom they are living as husband or wife, or a person with whom they are living as if they are civil partners).

There were no declarations of interest made on this occasion.

To consider whether there are any items on the agenda in respect of which the press and public should be excluded during consideration of the item.

RESOLVED,     that the press and public be not excluded from any items of business on the agenda today.

To receive petitions or questions from the public under the Public Participation Scheme for the Council.  This item is time limited to 30 minutes.

There were no public questions, petitions or statements made to this meeting.

To confirm as a correct record the minutes of the Special meeting of Council held on 25 August 2021 (copy enclosed)

RESOLVED,     that the minutes of the meeting held on 25 August be agreed with the following amendments:-

Add Mr B Shirley into the list of attendees.

On Page 10 – Minute No 32 – Notice of Motion

In the third paragraph from the bottom change the words ‘liberal democrats’ to ‘Liberal Democrats’.

To confirm as a correct record the minutes of the meeting of County Council held on 7 September 2021 (copy enclosed)

RESOLVED,     that the minutes of the meeting held on 7 September be agreed with the following amendments:-

On Page 16 - Minute No 38 – Announcements and Communications

Change the word in the opening paragraph from ‘herself’ to ‘himself’.

On Page 24 – Minute No 48 – Speeches

Remove Ms Earl from the list of names of those members that left the room during this speech on Lessons Learned from West Cumbria Mine, and add Mr P Turner to the list of those members that left the room.

To receive any announcements from the Chair, Leader, Members of the Cabinet or the Chief Executive

The Chairman announced that the details of the engagements undertaken by himself and the Vice Chair had been circulated to members.

Last month the Chairman was honoured to attend a special tree planting ceremony in support of the Queen’s Green Canopy. The Queen’s Green Canopy launched on the 17 May and encouraged people across the UK to plant trees to mark the Queen's Platinum Jubilee in 2022. As part of the initiative, a primary school in each of the cities of the United Kingdom was gifted the planting of a celebration tree, with the Bishop Harvey Goodwin School selected in Carlisle. It was great to see how excited the pupils were to receive the tree at their school and I hope many more schools will get involved in the initiative.

He was also proud to attend the County Council’s Children in Care Council Awards a few weeks ago which celebrated the successes of children and young people in care, or leaving care, and the staff and carers that supported them. It was a fantastic day - well done to everyone involved.

The County Council would be hosting the annual Christmas celebration events for our Looked After Children, foster carers and their families from across Cumbria in December, and events would take place in both Carlisle and Barrow-in-Furness.

Next week, the Chairman would be attending the opening ceremony of Ulverston’s ‘Blue Light Hub’ which consisted of crews from Cumbria Fire and Rescue Service, Cumbria Police and North West Ambulance Service. The hub would play an essential role in helping local communities in this area stay safe.

The Chairman was planning an online silent auction in aid of his two chosen charities, RNLI and NWAS Community First Responders. He was extremely proud to be supporting both charities during his year as Chairman and he hoped that the auction would run throughout the whole of February 2022.  More details would be given once plans were finalised for this.

He reminded members that Remembrance Sunday was coming up on the 14 November. Many of the Council’s Armed Forces Champions and representatives of the Lieutenancy would be at various services across the county to commemorate those fallen, our veterans and those who were currently serving. He was honoured to be representing the County Council at the Carlisle City Memorial Service and the County Memorial Service in Rickerby Park.

The Chairman finished by announcing that today marked the last meeting for two members of the Corporate Management Team.  The Chief Legal Officer, Iolanda Puzio, and the Chief Executive, Gill Steward.

He asked members to join him in wishing them every success for the future, and gave a statement of thanks to them both.

The Group Leaders then said their own words of thanks to both officers, and wished them well for the future.

The Leader and Cabinet Member for Health and Care Services then made a joint announcement on adult social care.

The Leader began by saying that the adult social care system was currently  ...  view the full minutes text for item 54.

The minutes of the meetings of the Cabinet held on 23 September 2021 are enclosed (copy attached)

The Leader will ask members if they have any questions on the minutes taking each page in turn. Members should state clearly the minute number of the item concerned.

The Leader presented the Minutes from the Cabinet Meeting held on 23 September 2021.

On Minute No 132 – Update on Local Government Reorganisation and Structural Change Order (SCO) Lord Liddle asked the Leader if he had any update on when the Structural Change Order would be available, given that it was supposed to be a couple of weeks ago.

The Leader said the SCO had been due to be published on 4 October but had finally been received yesterday evening.  However, all of the Group Leaders were attending a Chief Officers Committee, so had not been able to study this in any detail before the meeting today.

The Leader said the County Council and the 6 district councils had 2 weeks in which to respond with any comments of substance.  The intention was that the three Group Leaders would share the SCO with their members for feedback/comment.

Also on Minute No 132 – Update on Local Government Reorganisation and Structural Change Order (SCO) Mr Mallinson commented that all Chief Executives had been made aware of the content of the SCO on Monday.  Mr Mallinson challenged the Leader to find a way to circulate the details of the SCO more widely.

The Leader said Mr Mallinson was already aware, as the Leader of Carlisle City Council, that the document must not be published with any meeting papers and the Government was only asking for a view from each local authority’s Administration.  However, Cumbria County Council had agreed to seek the views of all members via the Group Leaders.  However, he did remind the Group Leaders that the timescale for responses was tight.

On Minute No 138 School Admission Arrangements 2023/24 Mr D Wilson asked the Leader to join him in welcoming the approval of formal consultation on dual catchment areas.

The Leader thanked Mr Wilson for raising this and said members had worked tirelessly over the last few years to bring about the proposed changes.

The Cabinet Member for Schools and Learning also welcomed this but there would still be a number of issues to resolve, including transport and transport costs.

On Minute No 140 – Potential Claim for Judicial Review (JR) against the decision of the Secretary of State in respect of LGR the Leader of the Conservatives asked whether the Council would commit to publishing the legal advice received on completion of the Judicial Review.

The Leader said the information was withheld for reasons of legal privilege, and he would need to take further legal advice on this.  However, if it was possible to publish this the Council would do so.

On Minute No 140 - Potential Claim for Judicial Review against the decision of the Secretary of State in respect of LGR Mr Whiteside referred to the four words in the first paragraph on page 140 ‘called at short notice’.  He asked the Leader to clarify that the meeting on 25 August had been called at shorter notice, and not short notice, and emphasised that the meeting  ...  view the full minutes text for item 55a

The Leader presented the Minutes from the Cabinet Meeting held on 14 October 2021.

On Minute No 145 – Response to the Referral back from Scrutiny regarding the Cabinet decision on the potential claim for Judicial Review Mrs Mallinson asked the Deputy Leader why he abstained from the vote, and why he did not vote against it.

The Deputy Leader responded to say he abstained on this for the same reasons as the Leader of the Conservatives abstained from the Council vote on 25 August 2021.

Also on Minute No 145 Mr Whiteside said that the cost of the potential JR, which could be up to £1.2m was many times greater than the cost of the Project Director to lead the LGR, so why had this post not been appointed to.

The Leader replied that the Cabinet Minutes made it clear that the costs would be from the contingency budget and not from the LGR budget, and he confirmed there was adequate financial provision in this budget to cover this.

He reiterated his previous statement that Carlisle City Council would be hosting the post of Project Director and would also be advertising the post.  This was not the responsibility of Cumbria County Council.  He had not been privy to this decision.

Also on Minute No 145 Mr Lamb said the minute made no reference to the potential costs of the district councils in this, which were likely to be more than £80,000.  He asked the Leader to explain why the legal costs of the districts had not been factored in.

The Leader replied that it had not been factored in as there should not be any additional costs to the districts, as although they were interested parties they had not joined the County Council in launching the appeal, so should not incur costs.    

RESOLVED,     that the minutes of the Cabinet meeting held on 14 October be noted.

The minutes of the meetings of the Cabinet held on 21 October 2021 are enclosed (copy attached)

The Leader will ask members if they have any questions on the minutes taking each page in turn. Members should state clearly the minute number of the item concerned.

The Leader presented the minutes of the Cabinet meeting held on 21 October 2021.

On Minute No 153 – National Bus Strategy for England Mr Hughes said the Bus Services Improvement Plan (BSIP) made reference to offering support to post 16 home to school and college students, he asked the Cabinet Member for Highways and Transport to give some detail on how this might be achieved under the present circumstances with the lack of funding from Government for this activity.

The Cabinet member said members were already aware that the Council had secured £1.5m funding from the Department for Transport to introduce a series of digital demand responsive transport solutions. The pilot services would be launched in 2022 covering the rural areas surrounding Egremont and St. Bees, Penrith, Ulverston and Wigton. It was envisaged that this would assist post-16 students travelling to their place of education.

On the same minute Mr Dew felt the BSIP did not make adequate provision for rural transport in east Cumbria.

The Cabinet Member responded to say that the rural transport provision was not currently being considered.  He felt the east was equally as important as the west of Cumbria and the area would be given the same focus once the funding was available to do so.

On Minute No 156 – Response to the National Highways’ Statutory Consultation Mr Dew asked the Cabinet Member for Highways and Transport whether he believed that National Highways was taking the consultation exercise for the A66 project seriously.

The Cabinet Member responded to say this was a very important issue for Cumbria.  There was going to be circa £1bn spent to upgrade this road.  He felt that National Highways would carry out the consultation properly and would take the feedback as part of this seriously.

RESOLVED,     that the minutes of the Cabinet Meeting held on 21 October 2021 be noted.

The meeting then adjourned at 11.15am and reconvened at 11.30am

To consider a report from the Cabinet Member for Childrens’ Services (Chair of the Corporate Parenting Board) (copy enclosed)

The Cabinet Member for Children’s Services, and Chair of the Corporate Parenting Board (CPB) presented a report which asked Council to reaffirm its commitment to its Corporate Parenting duties and for Members to understand that each of them has a duty to do what they can for Children Looked After (CLA) and care leavers.

The report provided members with an update on the Corporate Parenting Board’s activity over the past year, plans for the next year and a chance to hear directly from the Children in Care Councils about the experiences of children looked after during COVID-19.

The Cabinet Member explained that the CPB received an update on the progress of the implementation of the CLA strategy at each meeting.

The role of the Children in Care Council Champions was reviewed and the Terms of Reference was agreed. Regular meetings had been diarised to ensure members were sighted on issues for children looked after. This would strengthen the link between the Corporate Parenting Board and Local Committees.

The CPB received a report from the virtual head to provide assurance.  Over the past year the virtual school had continued to ensure that children looked after had been receiving the best possible education throughout the pandemic.

Cumbria’s Promise was a pledge made by corporate parents to all children who were looked after and care leavers. It set out basic standards for how children and young people wished to be treated by services that were acting in the role of corporate parents. The Board had asked the Children in Care Council to review and relaunch ‘The Promise’.

During the summer the Board was led by the Children in Care Council who provided members with an update on their projects including their meetings with the Assistant Director – Children & Young People.

The two new Care Leaver Ambassador apprentices attend the Board and represent the views of care leavers.

The Ofsted short focused visit of Children’s Services was undertaken in August 2021 and there were no ‘priority areas for action’ resulting from the visit with many strengths highlighted as well as some areas that require further focus.

Members of the CPB attended the ‘Celebrating us’ Children in Care Council Awards on Saturday 16 October. The celebration at Carlisle racecourse was attended by approximately 150 people which included foster carers and children. This year there were more than 110 nominations, for 100 different individuals, across the nine award categories.  The Cabinet Member then took members through the categories.

Strong corporate parenting meant strong leadership, challenge and accountability at every level, the Corporate Parenting Board provided the council with the vehicle to do this.

The quality of support can be measured in how the child or young person experienced the support they received and the extent to which they felt listened to and taken seriously. The children and young people that were asked said that they feel listened to, and these children have been an inspiration, and the voice of children in care would come out stronger  ...  view the full minutes text for item 56.

To consider a report from the Executive Director – People (Deputy Chief Executive) (copy enclosed)

Members considered a report by the Executive Director – People which  recommended that the Cumbria Youth Justice Plan 2021-2022 be agreed for full submission to the Youth Justice Board.

The approval of the Youth Justice Plan required submission to the Youth Justice Board by 30 June 2021. However, a draft copy of the plan had been accepted by the Youth Justice Board, with a final formal submission made after the plan be presented to full council today.

Local authorities had a statutory duty to submit an annual Youth Justice Plan relating to their provision of youth justice services. It is the youth offending partnership’s responsibility to produce a plan, and regulation state that it was the duty of each local authority, after consultation with the partner agencies, to formulate and implement an annual youth justice plan, setting out:-

•      how youth justice services in their area are to be provided and funded

•      how the youth offending team or equivalent service will be composed and funded, how it will operate, and what functions it will carry out.

The plan was presented to the Children and Young Peoples informal Scrutiny meeting on 17 June 2021 and there were some useful questions for clarification and overall received good feedback from Members.

Cabinet should have considered the Plan in July 2021, but as this meeting had been cancelled the Leader took the decision on behalf of the Cabinet.  The decision of the Leader was as follows:-

RESOLVED,     that the Leader, on behalf of Cabinet, recommend to Full Council that the Cumbria Youth Justice Plan 2021-2022 be agreed.

This had formed the basis of the recommendation before members today.  The Cabinet Member for Children’s Services moved the recommendation, and this was seconded by the Cabinet Member for Schools and Learning.

Mr Whiteside was surprised to read that Cumbria Constabulary and the Police and Crime Commissioner were not listed in the Plan.  He asked if these organisations were involved in the delivery of the plan.

The Cabinet Member confirmed that both Cumbria Constabulary and the Police and Crime Commissioner attend all the meetings.

Mr Collins was disappointed to see that the health of young people was not mentioned more centrally in the Plan.  He was aware that when young people eat healthily their behaviour improved.

The Cabinet Member agreed to pass these comments on to the CPB.

Mr Wilson asked if it was possible to share the Youth Justice Plan with colleagues in district and parish councils.

The Cabinet Member agreed to ensure the document was given a wider circulation.

Mr Hughes wondered how the recent spending review and levelling up might be affecting the young people.  He noted that the report stated that the full impact of COVID-19 had not yet had effect and there may be risks associated with this.  He was also concerned about the young people coming into the country as asylum seekers and he hoped it would be possible to welcome them and give support for them to become  ...  view the full minutes text for item 57.

To consider a report from the Chief Legal Officer (copy enclosed)

The Leader presented a report which informed members that the term of office of the independent chair of the Standard Committee would come to an end on 15 November 2021.  As any new appointment would only be for a period of just under 18 months terminating on 31 March 2023 (being immediately prior to the implementation date for local government reorganisation) the existing chair had been asked to extend his term of office for this period.

The Local Government Act 2000 had introduced a requirement for Councils to establish a Standards Committees which had at least one independent member.

Currently there was one independent member, Stephen Sim, on the Standards Committee who was also the chair of the Committee.  Mr Sim had sat on the Standards Committee since 15 November 2012 when he was appointed for a 4-year term which was extended by one year to 15 November 2017. 

He was appointed for another 4-year term in November 2017 which would expire on 15 November 2021.  The other position of independent member of the panel was not filled in 2017 because there were no other suitable candidates for the role.  It had remained vacant since then.

As Mr Sim’s term of office would come to an end on 15 November 2021 a decision needs to be made as to whether to fill this post (and the other vacant post of independent member) and how this vacancy should be filled.

The Leader said that in view of the proposed timeframe for local government reorganisation any appointment made at this time would only be for a period of approximately 18 months – ending on the 31 March 2023 immediately prior to the Council being dissolved. 

In light of the short period for which the appointment would be made and the difficulties in filling both vacancies in 2017 it was recommended that Mr Sim be asked to continue in his post until 31 March 2023.  Mr Sim had confirmed he was prepared to continue in the post for this period.

The Leader took the opportunity to thank Mr Sim personally for the excellent service he had given to the Standards Board, and hoped members would support the proposal that he continued in this post.  

The Leader moved the recommendation and this was seconded by the Deputy Leader.

RESOLVED,     that Stephen Sim’s appointment as independent member and Chair of the Standards Committee be extended until 31 March 2023.

To consider a report from the Deputy Leader of the Council (copy enclosed)

The Deputy Leader presented a report which asked members to agree the recommendations set out in Section 3 of the report.  To assist in the consideration of these recommendations the report set out details of the Council’s Treasury Management activities during the first half of 2021/22. 

The Deputy Leader was pleased to report that the Treasury Management function, which was the responsibility of the Director of Finance (Section 151 Officer) to manage, had delivered in the first half of the year within the Treasury Management Strategy as agreed by Full Council in February 2021.

He also reported that the activities of the Finance team, in this regard, had been undertaken in full compliance with the Code of Practice on Treasury Management.

A key activity of the team was the management of cash flow to ensure that the Council could, on a daily basis, pay its bills and, longer term, plan for the prudent financing of its capital investments including the borrowing and repayment of loans. This was a very important, if technical, activity for the Council.

The Deputy Leader reported that the Council had not undertaken any new borrowing and nor had any long term loans mature during the first half of the year with the Council’s approved capital expenditure being financed by the Council’s short term cash balances. This had contributed to the Treasury Management service forecasting to underspend by £0.150m throughout 2021/22.

The Deputy Leader moved the recommendations set out in Section 3 of this report, and these were seconded by the Leader.

RESOLVED,     that Council

(1)      note that, following a half yearly review, no amendments are required to the Treasury Management Strategy Statement which includes the Annual Investment Strategy;

(2)      note that following a half yearly review, Prudential Indicators and Treasury Management Indicators have been fully complied with and that no amendments are required to these indicators; and

(3)      note the Treasury Management function is forecasting a £0.150m underspend for 2021/22, due to the Council’s tactical strategy to utilise internal reserves whilst available, albeit that this will be kept under review given various uncertainties, including interest rate movements and cash flow requirements.

To consider a report from the Leader of the Council (copy enclosed)

The Leader presented a report which recommended that the Council adopted a new code of conduct for members based on the new model code of conduct issued by the Local Government Association in December 2020.

The Local Government Association issued a new model code of conduct for members in December 2020 which had since been updated in January and May 2021.

The new model code of conduct was developed by the LGA in association with key partners and after extensive consultation within the sector.  It incorporated recommendations from the Committee on Standards in Public Life’s recommendations on Local Government Ethical Standards. 

The aim of the new code was to be concise, written in plain English and understandable to members, officers and the public.  It sought to model the behaviours and high standards that were expected from a person holding public office.  It also articulated behaviour that fell below the standards that would be expected of council members. 

It was designed to help set a framework for public and councillor interaction, emphasising the importance of civility and that councillors should be protected from bullying, intimidation and abuse.

The Standards Committee considered the new code in January 2021.  The committee was supportive of the new model code but raised a couple of questions, including:-

·           Should the specification to declare gifts and hospitality be set at £100 (the threshold which is in the current code of conduct for members found in Part 4B of the constitution) rather than the £50 which was suggested in the model code proposed by the LGA;

·           Whether there should be a necessity to declare gifts and hospitality (above the agreed threshold) which have been refused.

Following the meeting of the Standards Committee the draft code was discussed at the Cumbria Monitoring Officers Group, with a view to agreeing (as far as possible) a Cumbria wide code.  The Monitoring Officers Group recommended changes to the model code of conduct as follows:-

·           to make specific reference to conduct at virtual meetings;

·           to make an amendment to the provisions dealing with the use of council resources for political purposes to tighten up the wording;

·           the reduction of the threshold for registering gifts from £50 to £25;

·           changes to the provisions dealing with participation in the case of a disclosable pecuniary interest to make it clear that a member can only speak on such a matter to the extent a member of the public can speak;

·           New provisions dealing with the disclosure of other registerable interests to make it clear a member should not participate to the extent that a reasonable member of the public would think the interest may influence the way they would vote;

·           Changes to the provisions dealing with the disclosure of non-registerable interests to remove the automatic requirement for a member with a non-registerable interest to leave the meeting and to amend the test as to whether a member can participate in the meeting in these circumstances.  The test has been amended by removing the reference to it  ...  view the full minutes text for item 60.

To consider questions from Members, in accordance with Council Procedure Rule No 11.2 to 11.5 to the Leader, a Member of the Executive or the Chair of any Committee.

Mr Lister asked the Leader, whether, given the recent resignations of the Chief Executive, Monitoring Officer and her Deputy, and the Section 151 Officer and deputy, he intended to resign.

The Leader replied to say he would not be resigning.  He said each member of staff had their own individual reasons for doing so.  He felt that the changes currently being introduced for Local Government Reform in Cumbria may well have far reaching consequences on staff numbers, but that members needed to stay focussed on maintaining council services during these changing times.

Mr Morgan asked the Cabinet Member for Environment a question about Section 278 and Section 106 Agreements and whether she could provide any information on the commitments of Section 278 and 106 agreements over the past 5 years.

The Cabinet Member for Environment replied to say that Section 106 Agreements were legal agreements between Local Planning Authorities and developers, linked to planning permissions.

In Cumbria it is the 6 District Councils and the 2 National Parks who negotiated and secured Section 106 agreements linked to housing developments.

A section 278 agreement was a section of the Highways Act 1980 that allowed developers to enter into a legal agreement with the council (in its capacity as the Highway Authority) to make permanent alterations or improvements to a public highway, as part of a planning approval.

She asked Council to note that Section 106 monies were usually paid in instalments at key stages during the construction and/or occupation of a development, known as 'trigger points'. As developers usually had three years to commence a development once planning permission was granted, and monies may not be received until a percentage of the houses were occupied, it could therefore take a number of years before section 106 contributions were received by the council from the time permission was originally granted.

The Cabinet Member confirmed that from 2016 to 2020 for Section 106 agreements circa £17m had been agreed through the Planning Authority and so far circa £7m had been received.

The arrangement for Section 278 agreements was slightly different and she agreed to provide the detail on this in a written response.

Mr Brereton asked the Cabinet Member for Highways and Transport whether he would be willing to work with members on a longer-term strategic review of resilience of the road network in the county – including the A595 at Duddon Bridge.

The Cabinet Member responded to say that Duddon Bridge had been closed recently during the flood event last week, but was quickly re-opened once the procedure had been followed to ensure that the bridge was inspected and assessed as safe to reopen. He would be willing to work with local committees and local members with concerns about bridges in their areas.

Mr Collins asked the Cabinet Member for Highways and Transport to try to ensure that areas previously affected by flooding were included in all press releases following a flood event, although he accepted that the press may choose  ...  view the full minutes text for item 61.

To consider a report from the Chair of Scrutiny Management Board (copy enclosed)

The Chair of Scrutiny Management Board presented a report which updated members on the work of Scrutiny and any issues and developments that have occurred since the last update.

The current Scrutiny Work Programme, which Members were asked to note, was under ongoing review and regularly updated to reflect new and emerging issues.

The Chair of Scrutiny Management Board took members through matters which had been considered by the Scrutiny Boards since the last meeting of Council, and also detailed the recent Task and Finish reviews undertaken.

RESOLVED,     that Members note the work programme presented and note recent activity undertaken by Scrutiny set out in the report.

To receive reports from Committees of the Council and receive questions and answers in accordance with Council Procedure Rules 11.1 to 11.5.

To receive the minutes of a meeting of the Audit and Assurance Committee held on 14 September and the draft minutes from 27 September 2021

RESOLVED,     that the minutes of the Audit and Assurance Committee held on 14 September 2021 and the draft minutes of 27 September 2021 be noted.

To receive the draft minutes of a meeting of the Cumbria Pensions Committee held on 21 September 2021 (copy enclosed)

RESOLVED,     that the draft minutes of the Cumbria Pensions Committee held on 21 September 2021 be noted.

To receive the minutes of a meeting of the Workington Harbour Management Committee held on 10 September and the draft minutes for 15 October 2021 (copies enclosed)

RESOLVED,     that the minutes of the Workington Harbour Management Committee held on 10 September 2021 and the draft minutes of 15 October 2021 be noted.

To consider notice of motions for up to a specified period of one hour.

Mr C Whiteside to move:

“This council requests the Constitution Review Group to review the issue of transparency and maximising appropriate member involvement in decision making and consider and report back to full council on possible amendments to the council constitution, standing orders and scheme of delegation in respect of the following:

1. Whether more can be done to ensure that decisions taken by officers or individual members do not have the practical effect that they revoke, cancel, or frustrate a lawful decision taken after due process by the full council or by a committee of the council acting within its powers, and that if an officer or portfolio holder believes that such a decision needs to be reconsidered it should be referred back to the original committee or, if appropriate, to the full council

2. Whether more can be done to ensure that lawful decisions of the council or its committees are not frustrated by any internal or external actor through delay.

3. Whether more can be done to ensure that all decisions on planning applications. including the view on the merits of a planning application fed into any appeal or call-in process take full account of the views of the members of the DC&R committee as the members with the most appropriate training and knowledge to give an informed view on behalf of the council”

Mr C Whiteside moved the following motion:-

“This council requests the Constitution Review Group to review the issue of transparency and maximising appropriate member involvement in decision making and consider and report back to full council on possible amendments to the council constitution, standing orders and scheme of delegation in respect of the following:

1. Whether more can be done to ensure that decisions taken by officers or individual members do not have the practical effect that they revoke, cancel, or frustrate a lawful decision taken after due process by the full council or by a committee of the council acting within its powers, and that if an officer or portfolio holder believes that such a decision needs to be reconsidered it should be referred back to the original committee or, if appropriate, to the full council

2. Whether more can be done to ensure that lawful decisions of the council or its committees are not frustrated by any internal or external actor through delay.

3. Whether more can be done to ensure that all decisions on planning applications. including the view on the merits of a planning application fed into any appeal or call-in process take full account of the views of the members of the DC&R committee as the members with the most appropriate training and knowledge to give an informed view on behalf of the council”

Mr Whiteside said that although this would only exist for a short period of time given the current local government reorganisation, he still believed it was right to look at the constitution now.

This was seconded by Mr Lamb.  The Chair then opened the floor up to debate.

Mr McGuckin would not be supporting the motion given the time and effort of implementing this and the practicality of trying to do this when the local authorities were going through local government reorganisation.  He felt the amount of time and effort needed to do this would be wasted due to the implications of LGR.

This was supported by a number of other members.

Other members supported the idea that the full council should be given more powers instead of the executive, and that the current County Council constitution was not fit for purpose.

The Leader of the Council reminded members that the current constitution had been created based on legislative requirements.  The legislations stated which decisions could be made by the executive, and which were council decisions.

Upon conclusion of the debate Mr Whiteside summed up and then the decision was put to a vote.  With 24 for, 34 against and 1 abstention the motion was lost.

To hear speeches (not exceeding five minutes each) for up to a specified period of 30 minutes, from individual members, of which at least 24 hours’ notice has been given to the Executive Director – Corporate, Customer and Community Services.

Mrs H Carrick gave a speech on Local Government Reorganisation and the need to move forward to ensure the implementation of the two new unitary authorities was done effectively.

Ms Filmore gave a speech on Climate Change with reference to current COP 21 in Glasgow and County Council’s response going forward.

She ended by suggesting to the Chairman that Climate Change becomes a standing item on the agenda to ensure that this Council, this authority, could have any chance of meeting it’s zero carbon goals.

Dr Lockney gave a speech on the Anti-Racist Cumbria Summit, and urged all of the members to extend their knowledge of anti-rasicm.