Agenda and minutes

Apologies for absence were received from Mr Allison, Mrs C Bell, Mr Berry, Ms Driver, Miss Fearon, Mr Graham, Dr Haraldsen, Mr Hitchen, and Mr Lywood.

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).

Mr Whiteside declared a prejudicial interest in Agenda Item No 17 – Digital Infrastructure – Gainshare, as he is an employee of Openreach.  He did not take part in any discussion during this item.

Mr Hogg declared a non-pecuniary interest in Agenda Item No 20 – Notices of Motion as he is an advocate for Fair Game.

Mr Shirley declared a non-pecuniary interest in Agenda Item No 20 – Notices of Motion, as he is the Chairman of Barrow and District Junior Football League, a Team Manager at Dalton United and a Welfare Officer at Askam United FC.

Mrs Tibble declared a pecuniary interest in Agenda Item No 20 – Notices of Motion as she is a minor shareholder at Workington AFC.  She did not take part in the discussion.

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.

Mrs H Wall arrived at the meeting at this point.

RESOLVED,     that the public and press be not excluded for any items 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 valid requests received to ask a question, make a statement or bring a petition to this meeting.

To confirm as a correct record the minutes of the meeting of the Council held on 4 November 2021 (copy enclosed)

RESOLVED,     that the minutes of the meeting held on 4 November 2021 be agreed as an accurate record and signed by the Chair.

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

The Chairman began the meeting with the news of the sad passing of County Councillor Val Tarbitt. Mrs Tarbitt, was the County Councillor for the Longtown Division and she died suddenly on 28 January, having been taken ill at a community event in her division.

The Chairman, and the Leader of the Conservative Group, followed by the leaders of the Labour and Liberal Democrat Groups expressed their condolences to Mrs Tarbitt’s family and spoke about her character, her contribution to the County Council, and her constituents and of their sadness at her death.

The Chairman then spoke about the recent passing of a number of former County Councillors, including Mrs E Barraclough, Mr T McSorley, Mr W Smith.  He also took the opportunity to thank everyone for their kind words and support to him since the passing of his much loved wife Denise in November.

Members joined the Chairman in a moment of quiet reflection for his wife and the other members mentioned.

The Chairman then announced the names of those that had received honours in this year’s New Years Honours List, including Mrs Sajdah Perveen Ghafoor, for services to cultural awareness and integration in Cumbria; Mrs Margaret Emma Bravo, for services to education; Lieutenant Colonel (Rtd) Timothy Brian Jackson Coombe, for services to the community in Brampton; Ms Jo Lappin – Chief Executive of Cumbria LEP for services to the economy in Cumbria; Mr Neil John Fleming, for services to the community in Ulverston during Covid-19; Mr Jonathan Gibson, for services to cricket coaching and youth development; Mr John Craig Wall, for charitable services in Cumbria; and Mr Andrew Duncan Slattery, lately Assistant Chief Constable, Cumbria Constabulary

Last month on 27 January the County Council marked national Holocaust Memorial Day.  This was a time for everyone to pause to remember the millions of people who had been murdered or whose lives had been changed beyond recognition during the Holocaust, Nazi persecution and in subsequent genocides in Cambodia, Rwanda, Bosnia and Darfur.

On Saturday 4 December, in the Chairman’s absence, the Vice-Chair hosted the County Council’s Christmas get-together for the children it looked after and their foster families in Carlisle. It was a fantastic event which was well-attended and enjoyed by all. The event in Barrow was delayed due to additional Covid restrictions  but would take place later this year.

Lastly, the Chairman reminded members an online charity auction launched last week in aid of his two chosen charities, NWAS Community First Responders and the RNLI.  Local businesses had been very generous with their donations and he thanked them all.

The Cabinet Member for Health and Care Services then made an announcement about the unprecedented pressures in Adult Social Care, and took the opportunity to bring members up to date with the current situation.

There were 2 pieces of good news to report.  Firstly, it appeared the county was through the worst of the latest wave of covid infections and the impact on council  services of  ...  view the full minutes text for item 71.

The minutes of the meetings of the Cabinet held on 18 November 2021 (copy enclosed)

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.

There were no questions to the Leader.

RESOLVED,     that the Cabinet Minutes for 18 November 2021 be noted.

The minutes of the meetings of the Cabinet held on 16 December 2021 (copy enclosed)

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.

On Minute No 174 – Statements by the Leader and Cabinet Members Mr Hughes asked, with reference to the Community Rail Partnership, whether the Cabinet Member for Highways and Transport agreed with his disappointment at the lack of funding through the Integrated Rail Plan, and that the plan had missed a great opportunity for Cumbria in failing to support both current routes and new ones.

The Cabinet Member responded to say that through TfN all stakeholders would continue to push for investment in rail.

On Minute No 176 - 2021/22 Qt 2 Revenue and Capital Budget Monitoring Report Mr Clark said he welcomed the £100,000 in the budget set aside towards purchasing a new Ferry on Lake Windermere.  He asked the Cabinet Member for Highways and Transport to give an update on where the County Council was with the purchase of the new Ferry.  He also asked for assurances that the Members on the Windermere Ferry Advisory Committee would have an input in the process.

The Cabinet Member responded to say he was really pleased with the question from Mr Clark.  The purchase of a new ferry takes a period of time, however he assured members that this was progressing well.  The first of three stages in building a new vessel had been completed, and the power required and the preliminary design of the drive system and the on shore infrastructure required to ensure the new ferry was fit for the next 40 years had also been completed.  The detailed design was now being developed ready for consultation with the ferry advisory group, users of the ferry and the local community.

Within the capital budget £6million had been programmed for the procurement of a green electric car ferry, which not only would secure this vital local and tourist asset, but clearly demonstrate Cumbria County Council’s continued commitment to carbon reduction for the future.

On Minute No 178 – Chronology of Fire Service Governance Mr Lamb asked the Cabinet Member for Customers, Transformation and Fire Service whether the County Council would be making a response to the Fire Service governance business case consultation.

The Cabinet Member confirmed that this would be a decision for Cabinet to take and a report would be prepared shortly on this.  The Chair of the Communities and Place Scrutiny Advisory Board (C&PSAB) said this would also be an agenda item at a future meeting of the SAB.

RESOLVED,     that the Minutes of the Cabinet Meeting held on 16 December 2021 be noted.

The minutes of the meetings of the Cabinet held on 27 January 2022 (copy enclosed)

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.

On Minute No 190 (a) – Scrutiny Review of Fluoridation of Water Supplies Mr Betton asked whether Cumbria County Council was considering the concerns raised by the Fluoride Free Cumbria Group.

The Cabinet Member for Public Health and Communities assured the member that Cabinet was listening to the Group.  She confirmed that since Cabinet she had received a number of emails from them and she would be preparing a response to this shortly.

On Minute No 189 – Referral from Copeland Local Committee Mid Copeland and South Copeland Community Partnerships Mr D Wilson askedthe Leader about the need for representation from Cumbria County Council on the GDF working group, given it would be dispersing £1m in Allerdale and Copeland.  He did not agree with the statement made by the Leader about the loss of jobs at Sellafield.  Mr Wilson felt that the hosting of a GDF would create around 1000 jobs over the length of the construction.

The Leader responded to say the Sellafield site was a storage facility for the majority of the UK’s waste.  The policy proposed by the Government was that this waste would be moved from Sellafield to a GDF, and once moved it would be sealed there for over 100,000 years.  This would mean that the jobs at Sellafield would no longer be required.  He agreed short term there would be employment opportunities during the construction stage but this would not be sustainable in the long term.  The consequences of pursuing this would result in job losses in West Cumbria.

He was aware that Cumbria Local Enterprise Partnership was lobbying to attract small to medium size reactors at Sellafield and also a nuclear fusion project.

Also on Minute No 189 Mr Turner asked the Leader whetherfinancial and legal risks of lack of representation on GDF working group had been assessed, and if so, by whom.

The Leader said the fact that Cumbria County Council was not participating in the working groups would not mean that they would be unable to operate.  The £1m of funding promised by the Government to encourage communities to accept the GDF was not dependent on Cumbria County Council being a member of the working group.  He did not feel there was any risk involved in the County Council not joining the group.

Also on Minute No 189 Mr Lamb asked the Leader if he hadsent a letter of apology to the chairman of the GDF working group, regarding his comments about the chairman being vexatious.

The Leader responded to say that this was not part of the referral to Cabinet, so was not considered at the meeting.

On Minute No 188 – Public Participation Mr Lister asked the Leader how much more time he thought the Council should spend discussing fluoridation.

The Leader responded to say that this was a serious issue which the County Council does take seriously.  Cabinet would continue to listen to the members of Fluoride Free Cumbria, along with others.  He informed  ...  view the full minutes text for item 72c

To consider a report from the Deputy Leader

The Deputy Leader presented a report, which would be the last budget report to be agreed by Cumbria County Council, the budget, once set, would run until the end of the Council at midnight on 31 March 2023.

The Deputy Leader reminded members that in 1974 the budget for Cumbria County Council was £51m but of this £31m was for education leaving just £20m for the rest of the Council services. The Social Services budget was £3.7m and £5m was spent on the Council’s highways.  The amount raised then by domestic rates was £25m.

The current budget figures looked very different with an equivalent spend on Social Care being £48m and Highways £65m.  However, it was not easy to make comparisons due to the complex nature of the various funding streams but the Deputy Leader felt the aspect that stood out was the huge increase in the costs of Adult Social Care and Children’s Services along with the transfer of much of the education budget to Academy Schools.

The Council tax precept this year was £266m, just over 10 times the amount raised in 1974.

The council services would all continue to operate in the same way on 1 April 2023 as they had on 31 March, which is why members were being asked to consider a five year Medium Term Financial Plan (MTFP) even though Cumbria County Council would legally cease to exist in 14 months time.

The new Councils of Cumberland and Westmorland and Furness would have the ability to use this MTFP when the members constructed their first budgets.

The Deputy Leader then took members through the legacy Cumbria County Council would be leaving to the new authorities, including:-

·           a strong financial legacy with a balanced budget,

·           adequate reserves and

·           an achievable savings programme.

He paid tribute to the two Section 151 Officers he had worked with in his time as Deputy Leader, and to their Finance Teams too. 

The Council had never run out of money, the accounts were always in on time and the Council made the most of every pound raised.

The pandemic had thrown up more challenges than ever seen before, but Council services had continued to be provided and the vulnerable in our communities were still being looked after.  Amongst all of these challenges, teams of staff across the Council were now working to ensure that Local Government Reorganisation in the county progressed at pace to ensure the two new Councils would be safe and legal in less than 14 months.

All members supported this and gave a round of applause.

The Deputy Leader was disappointed that funding from central government again only provided a one-year settlement.  Additional funding had been received in recognition of the ongoing demand and financial pressures around children’s and adults social care, inflationary pressures on both pay and non-pay costs and specific funding for additional responsibilities and burdens.

However, the County Council expected to receive notification that county and unitary councils across England were set to  ...  view the full minutes text for item 73.

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

Members considered a report from the Leader of the Council, which informed them that on 27 January 2022 Cabinet agreed to recommend to Council that the Council Plan 2018–2022 be extended until 31 March 2023 and remain included in the Council’s Policy Framework until 31 March 2023.

Cumbria County Council agreed the current Council Plan 2018–2022 in February 2018. The Council Plan 2018–2022 set out the underpinning principles, ways of working and high-level outcomes the Council aims to achieve.

There had been some significant changes in policy context since February 2018, including the Covid-19 pandemic and its impact on communities and services, the UK’s exit from the European Union, and national policy reform in relation to issues such as levelling up, social care funding reform, health and care reform, environmental reform and climate change.

However, the Council Plan 2018-2022 outcomes of People in Cumbria are healthy and safe, Places in Cumbria are well-connected and thriving, and The economy in Cumbria is growing and benefits everyone remained robust, ambitious and relevant.

The extension of the current Council Plan until 31 March 2023 supported by a focused one-year Council Plan Delivery Plan for 2022/23 would provide a robust framework for Council activity and decision-making during the whole of 2022/23, enable effective performance management throughout the year, ensure clarity and transparency of the Council’s achievements at the point of its closure, support an effective transition to new councils and provide an effective foundation for future local government policy and priority-setting in Cumbria.

The extension of the Council Plan 2018-2022 would also provide a framework for a review of the Council’s current strategic policy in the context of Local Government Reorganisation.

RESOLVED,     that the Council Plan 2018–2022, attached as Appendix 1 to the report, be extended until 31 March 2023 and remain included in the Council’s Policy Framework until 31 March 2023.

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

Members had before them a report from the Leader of the Council/Chair of the Chief Officers Committee which recommended to Council that the vacancy of the role of Chief Executive (Head of Paid Service) be appointed to following recommendations by the Chief Officers Committee.

The permanent Chief Executive (Head of Paid Service), Katherine Fairclough left Cumbria County Council on 30 June 2021. The Executive Director, People Services (Deputy Chief Executive) exercised the duties of the role of Chief Executive pending the arrival of the fixed term replacement on 2 August 2021. The postholder subsequently left the organisation with effect from 30 November 2021. 

As a temporary measure the Executive Director, People Services (Deputy Chief Executive) had been carrying out the functions of the Chief Executive since 1 December. The Deputy Chief Executive had the delegated authority under Part 3 of the Constitution to exercise the powers of the Chief Executive during any vacancy. This arrangement was expected to end on 31 December 2021.

The role of Head of Paid service was, under the Council’s Constitution, carried out by the Chief Executive.  The Chief Executive role was currently being exercised by the Deputy Chief Executive who was also the Executive Director, People Services. The role was being carried out in addition to these ongoing duties which included the statutory duties as the Director of Adults and Children’s services, in addition to providing a combined leadership role for the LGR Programme.

Full Council was required to approve a candidate recommended by the Chief Officers’ Committee following assurance that there were no objections from members of the Executive.  This was also the case for any temporary acting up arrangements. No objections had been received from the Executive. 

At its meeting on 5 January 2022, the Chief Officer’s Committee considered a range of options and agreed to proceed with the recruitment of an external Chief Executive to the role on a fixed term basis and agreed the terms and conditions of the role to recommend to Council.

Consideration was also given to the arrangements to be put in place pending recruitment to the role. The Chief Officer Committee agreed to recommend to Council for approval formalising the internal Chief Executive ‘acting up’ arrangements which would provide for a temporary arrangement whereby the Executive Director, People Services (Deputy Chief Executive) would act formally as Chief Executive in the absence of an immediate appointment. 

RESOLVED,     that Council approves the RECOMMENDATION from the Chief Officers’ Committee that the Executive Director, People Services (Deputy Chief Executive), who has been carrying out the functions of the Chief Executive be formally appointed as Acting Chief Executive (Head of Paid Service) with retrospective effect from 1 January 2022 on the terms and conditions proposed by Chief Officer Committee pending the filling of the vacancy. 

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

The Leader of the Council presented a report which asked Council, subject to receiving a recommendation from Chief Officers’ Committee to appoint to the position of the Council’s Chief Executive/Head of Paid Service, on a temporary basis, the date of commencement to be confirmed until 31 March 2023 on the terms and conditions agreed.

This report asked Council to approve the recommendation from the Chief Officers’ Committee on 9 February 2022 following a robust selection process. 

The Chief Officers’ Committee, under the Council’s constitution, discharges on behalf of the authority the function of recommending to the Council the appointment of the officer designated as the authority’s Chief Executive (Head of Paid Service) and approving the terms and conditions of the appointment.

During the course of 2021, the permanent Chief Executive (Head of Paid Service) left on 30 June. The Executive Director, People Services (Deputy Chief Executive) exercised the duties of the role of Chief Executive pending the arrival of the fixed term replacement on 2 August 2021. She subsequently left the organisation with effect from 30 November 2021.

As a temporary measure the Executive Director, People Services (Deputy Chief Executive) carried out the functions of the Chief Executive on a temporary basis since 1 December. The Deputy Chief Executive had the delegated authority under Part 3 of the Constitution to exercise the powers of the Chief Executive during any vacancy. This arrangement was expected to end on 31 December 2021.

At its meeting on 5 January 2022, Chief Officers’ Committee considered the options available to the County Council in relation to the appointment of a new Chief Executive and agreed to advertise the post.

Following the external advertisement of the post of temporary Chief Executive a total of 5 applications were received.  2 applications met the essential criteria and were progressed through a robust assessment and selection process on 7 and 8 February 2022.  Along with a final interview with members from the Chief Officer Committee who made up the interview panel.

RESOLVED,     that

(1)      Council agrees the recommendation from the Chief Officers’ committee to appoint Mr John Metcalfe to the role of the Council’s Chief Executive/ Head of Paid Service be approved;

(2)      That the post is appointed to on the terms and conditions agreed by the Chief Officers’ committee.

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

The Leader of the Council presented a report which informed members that on 27 January 2022 Cabinet considered a report on Joint Committees, which asked it to make a recommendation to Council to agree to the establishment of Cumberland Joint Committee and Westmorland and Furness Joint Committee, within 14 days of the Structural Change Order (SCO) coming into force.

The report also asked Council to agree the nominations for the Joint Committees and to delegate the Non-Executive functions within the Terms of Reference to the Westmorland and Furness Joint Committee and the Cumberland Joint Committee when established, within fourteen days of the SCO coming into force.

The Secretary of State had made a decision to implement the proposal for two new unitary authorities in Cumbria on an East-West geography, and was seeking Parliamentary approval for the necessary secondary legislation (the SCO) to implement the two Unitary Council proposal.

All Councils had received details of the SCO which was laid before Parliament on 24 January 2022 and which, subject to receiving Parliamentary approval, was likely to come into force in March.

Under the draft SCO the County Council and the 3 District Councils in the new unitary area of Westmorland and Furness were required, within 14 days of the coming into force of the Order, to establish a joint committee for the purposes of preparing for and facilitating the efficient and timely transfer to the new Westmorland and Furness Council of the functions, property and liabilities which relate to the Westmorland and Furness Area. 

The County Council and 3 District Councils in the new unitary area of Cumberland had an identical requirement to establish a joint committee for the Cumberland area.

Under the SCO, these joint committees would be dissolved on the day following that on which the shadow authority for the relevant area held its first meeting.

Suggested terms of reference for the two new joint committees were attached at Appendix 1 of the report.  These terms of reference were based on the responsibilities of the joint committees as set out in the draft SCO.

The SCO provided that the membership of each of the joint committees would be 12 being made up of 3 persons nominated by the County Council and 3 persons nominated by each of the District Councils.  It also provided that in the case of the County Council the nominees for the Westmorland and Furness Joint Committee should be from divisions within the area covered by the committee and the nominees for the Cumberland Joint Committee should be from divisions within the area covered by that committee.

As the functions to be carried out by the joint committee would include the discharge of both non-executive and executive functions the nominees to each committee should include at least one member of the Executive.  As the committees would each only have responsibilities in respect of part of the area of the county council the political balance requirements do not apply to appointments to the committee.

Although the SCO  ...  view the full minutes text for item 76.

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

The Deputy Leader presented a report which asked Council to approve the recommendation to accept the invitation from Public Sector Auditor Appointments Ltd (PSAA) to opt into a sector-led appointment of the External Auditor for the Council and the Local Government Pension Scheme accounts from 31December 2022 for the audit of the 2023/24 Accounts onwards.

The Local Audit and Accountability Act 2014 brought to a close the Audit Commission and the arrangements for the appointment of external auditors and the setting of audit fees for all local government and NHS bodies in England.

As part of the arrangements, the Secretary of State specified the Public Sector Audit Appointments (PSAA) as an appointing person for principal local government and police bodies for audits from 2018/19, under the provisions of the Local Audit and Accountability Act 2014 and the Local Audit (Appointing Person) Regulations 2015.

The PSAA was responsible for appointing auditors and setting scales of fees for relevant principal authorities that had chosen to opt into its national sector led scheme, overseeing issues of auditor independence and monitoring compliance by the auditor with the contracts entered into with the audit firms. This appointment would come to an end for the audit of accounts in 2022/23, with a new appointment being needed for the financial year 2023/24.

Grant Thornton UK LLP was appointed as the External Auditor for the Council and the Pension Fund from 2018/19 until 2022/23.  Auditor appointments must be made by 31 December in the year before the financial year that the audit related to.  For Cumbria County Council and the Cumbria Local Government Pension Fund, this meant a new auditor must be appointed by 31 December 2022.

RESOLVED,     that Council approves the recommendation to accept the invitation from Public Sector Auditor Appointments Ltd (PSAA) to opt into a sector-led appointment of the External Auditor for the Council and the Local Government Pension Scheme accounts from 31 December 2022 for the audit of the 2023/24 Accounts onwards.

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

Council considered a report from the Leader of the Council which reminded members that all Councils were required annually to make a scheme for the payment of basic and other specified allowances to elected members.  This report sought approval for a scheme for the financial year 2022-2023.

Before making a scheme the Council must have regard to the recommendations of the Independent Remuneration Panel.

The Council noted that the Constitution would be updated as necessary by the Monitoring Officer to reflect the Members Allowances Scheme made by the Council.

The County Council’s Independent Remuneration Panel (IRP) had met with the Leaders of the 3 main political groups to discuss the role of all members including those with special responsibilities; and the impact of the Covid pandemic and the possible impact of local government reorganisation on those roles. 

Following those meetings the panel has prepared a report which was set out in Appendix 1 of this Report.  The Council must have regard to the recommendations of its Independent Remuneration Panel.  The Leader then moved the recommendation, which was seconded by the Deputy Leader.

An amendment to the recommendation was proposed by Mr Lamb and seconded by Mr Whiteside that the Council make a scheme in the same terms as the scheme approved by Council on 5 November 2020, which would, in effect be a freeze on allowances. 

The Leader and other members were concerned that if the Council chose to ignore the recommendations of the IRP the members of the Panel would become disillusioned with carrying out the reviews, only to have the recommendations ignored, as was done last year, when the Council vote to freeze allowances.

This was then put to a vote, and with 17 votes for 33 votes against and 1 abstention the amendment fell.  A vote was them taken on the substantive recommendation – with 34 votes for, 16 against and 1 abstention it was  

RESOLVED,     that the Council agree to make a scheme for members’ allowances for the year beginning 1 April 2022, as follows:-

·      Basic Allowance - to increase in line with the percentage increase to the local government workforce pay (pay point 1) for the year 2021/22, which is to be agreed by National Employers and National Joint Council (NJC).

·      Special Responsibility Allowances - to increase in line with the percentage increase to the local government workforce pay (pay point 1) for the year 2021/22, which is to be agreed by National Employers and National Joint Council (NJC).

·      Dependent Carers Allowance - move to national living wage at April 2022 with the cap on Dependent Carers Allowances to increase in proportion to the increase in national living wage to £2,171.75.

·      Travel and Subsistence Allowances - no change.

·      Co-optee Allowances - no change.

The Leader thanked the members of the IRP for all the work they had carried out over the past few years on this.

To consider a report from Cabinet Member for Highways and Transport (copy enclosed)

Members considered a report from the Cabinet Member for Highways and Transport, which informed them that Cabinet had endorsed the Cumbria Transport Infrastructure Planfor consideration by Full Council.

Subject to approval by County Council, the Cumbria Transport Infrastructure Plan would replace the Local Transport Plan included in the Cumbria County Council Policy Framework. (Constitution – Part 2A, 3).

The Cumbria Transport Infrastructure Plan (CTIP) had been jointly prepared by Cumbria County Council and the Cumbria Local Enterprise Partnership, and the purpose was to set the strategic transport policy framework for the period 2022-2037 and would form the Local Transport Plan for Cumbria.

The CTIP sought to present a clear vision, supported by economic assessment and thematic interventions underpinned by three strategic objectives:-

·           Clean and Healthy

·           Connected Cumbria

·           Community Cumbria

Members noted that between 12 September and 25 October 2021, public consultation was undertaken on the draft CTIP and supporting Strategic Environmental Assessment.  During this period 173 comments were received and this had supported the finalisation of the plan.

RESOLVED,     that Council approves the Cumbria Transport Infrastructure Plan attached at Appendix 1 of the report, to replace the Local Transport Plan included in the Cumbria County Council Policy Framework. (Constitution – Part 2A, 3).

To consider a report from the Cabinet Member for Economic Development and Property (copy enclosed)

Mr Whiteside declared a prejudicial interest in Agenda Item No 17 – Digital Infrastructure – Gainshare, as he is an employee of Openreach.  He did not take part in any discussion during this item.

The Cabinet Member for Economic Development and Property presented a report which informed members that the Connecting Cumbria contracts contained a ‘gainshare’ provision that allowed for funding to be returned to the Council if take up of services exceeded the level forecast. Take-up across these contracts was now almost 80% and the Council had received £3.8m of gainshare for reinvestment.

Given the importance of digital infrastructure to the communities in Cumbria, approval was sought to commit £3.8m of gainshare funding for further investment into digital infrastructure projects. These projects would include the creation of a Cumbria Gigabit Broadband Voucher Top Up scheme to further support communities trying to develop their own community digital projects and would help improve connectivity for the hardest to reach areas of the county.

In 2011/2012 the Council and BT entered into a Deployed Services contract to deliver Phase 1 of the Connecting Cumbria superfast programme (Contract 1), and in June 2015 the Council and BT entered into a further Deployed Services contract to deliver Phase 2 of the Connecting Cumbria programme (Contract 2).

Levels of take up of services on infrastructure deployed under Contract 1 had significantly exceeded the levels of take up forecast by BT. In recognition of this, an early Contract 1 gainshare funding allocation of £2.5m was agreed between the Council and BT in 2015 to be utilised for further deployment through Contract 2. This, combined with other funding management, allowed the Contract 2 deployment target to increase to 11,155 premises and this target was achieved in November 2020.

Further payments were expected in future years including those related to the closure of Contract 2.  The funding for future years was not yet known.  This paper therefore related to the use of the Gainshare payment received this financial year.

Digital connectivity was recognised nationally as an enabler for economic growth and inclusive growth, given the benefits it could bring to business productivity and community inclusion. The Covid-19 pandemic had shown that digital connectivity was critical to societal resilience and business continuity in times of crisis. From getting the latest information and health guidance, home working, education and learning, online access to food and supplies, staying connected to family and others and to maintain supply chains – we all now depended on the ability to connect remotely across distance. The importance of digital infrastructure was therefore increasing, as it becomes more critical to the lives of residents and the operation of businesses.

Under the terms of the grant agreement between the Council and BDUK, as varied by Grant Variation Letter agreed by the Executive Director – Economy & Infrastructure in February 2021, it had been agreed that £4.272m of the £8.091m gainshare would be returned to BDUK.  This funding would be invested by BDUK in Cumbria as part of  ...  view the full minutes text for item 80.

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 had 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 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 Whiteside asked the Leader whether, regardless of the outcome of the JR process, he could give assurance that when outcome of JR was complete, the legal advice that the council received would be published.

The Leader responded to say that he was unable to give any assurances, and that he would need to seek legal advice on whether this could be released.

Mr M Wilson asked the Leader of the Council whether he felt the confirmation of the 2.81% allocation of the public health grant was unjust.  Cumbria received the 18^th lowest allocation in the country but had a large number of public health concerns.

The Leader responded to say that yes he did agree with Mr Wilson, and the current formula used to allocate this funding was fundamentally flawed and needed to be reviewed.

Lord Liddle asked the Leader of the Council whether he was surprised by the news that Michael Gove - Secretary of State for Levelling Up, Housing and Communities had stated that if the two new unitaries in Cumbria did not agree to establish a combined authority with an elected mayor for both, he would impose this upon them.

The Leader replied to say he was astonished when he heard this, and he felt that if one unitary agreed to an elected mayor and the other did not that he would use statutory powers to ensure this happened.

Mr Johnson said at the last council meeting there were discussions around whether Cumbria would continue to exist as a ceremonial county, following LGR.  The Leader of the Council said it would not.  Mr Johnson had disagreed at the time, and he asked whether the Leader would put it on record that he was wrong.

The Leader reminded members that at the last Council he never doubted that Cumbria would remain as a ceremonial county, what he said was that he was surprised that this had not been included in the draft Statutory Change Order.  However, an addendum to the SCO had since been compiled which addressed this.

Mr Hughes asked the Chair of Scrutiny Management Board whether he agreed that the Cabinet and Scrutiny process was in need of a healthy review, and whether he would be lobbying the Secretary of State on behalf of his own political group.

The Chair of SMB responded to say he was happy to do that but he hoped that the Liberal Democrat Group would do the same.

Mr Morgan asked the Deputy Leader what type of increase small businesses may expect when using the County Council’s preferred provider.

The Deputy Leader said the latest forecast was that electricity prices were expected to rise by 50%.   The County Council did not yet have an estimate on the possible increase in gas prices.

Mr Johnson asked the Leader of the Council whether he agreed that comments he made in the local press recently about potential savings in the new unitary authorities from LRG were misleading.

The Leader replied to  ...  view the full minutes text for item 82.

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 Cumbria Pensions Committee held on 10 December 2021 (copy enclosed)

RESOLVED,     that the draft minutes of the Cumbria Pensions Committee held on 10 December 2021 be noted.

To receive the draft minutes of a meeting of the Audit and Assurance Committee held on 7 December 2021 (copy enclosed)

RESOLVED,     that the draft minutes of the Audit and Assurance Committee held on 7 December 2021 be noted.

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

The Leader of the Council presented a report, which notified members of any urgent decisions taken in the period since the last County Council meeting. 

Four relevant decisions had been taken since the last meeting and the details of those decisions were set out at Appendix 1.  In all cases, the decisions were treated as urgent decisions as the requirements to advertise for at least 28 days prior to a key decision being taken could not be complied with. 

RESOLVED,     that the report be received and noted.

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

1.            Mr Shirley to move:-

This motion calls on Council to acknowledge that if we are to successfully deliver change in football, we need Tracey Crouch MP’s excellent fan-led review of Football Governance (Published 25 November 2021) to be implemented in full, so that the recommended changes become a reality. 

This motion also resolves that Cumbria County Council; 

(i)      Acknowledges the efforts that this Council has made to promote an active lifestyle, and to support Cumbria based clubs at all levels, from all sporting codes as a force forgood in Cumbrian communities;  

(ii)     Recognises thevalue of football in Cumbrian communities, and the important role it plays in many people's lives; 

(iii)    Supports the principles and objectives of ‘Fair Game’ which are a band of football clubs,  and supporters who are striving to change our national game for good. To support the principles of ‘Fair Game’ which are Sustainability, Fairness, and Success in the wider interests of football;  

(iv)    In order for this Motion and Fair Game to be a success we call upon support from all levels. This includes government intervention therefore we will write to Cumbria's MP's who have not yet supported Fair Game, calling on them to support these principles too.  

For more information members may wish to visithttps://www.fairgameuk.org/about 

Or Fair Game Manifesto 

https://static1.squarespace.com/static/6047aabc7130e94a70ed3515/t/60dc6ae983aebd19 a477a130/1625058036839/Fair+Game+-+Solutions+for+our+National+Game.pdf    

Crouch Report – Government fan led review of football 

https://www.gov.uk/government/speeches/fan-led-review-of-football-governance-final-report-and-recommendations 

2.            Mr Haraldsen to move

This council believes prolonging the judicial review of local government reform by seeking an oral renewal hearing will serve only to further waste time and money – and calls on the Leader of the Council to withdraw the judicial review application.

Mr Hogg declared a non-pecuniary interest in this item, as he is an advocate for Fair Game.

Mr Shirley declared a non-pecuniary interest in this item, as he is the Chairman of Barrow and District Junior Football League, a Team Manager at Dalton United and a Welfare Officer at Askam United FC.

Mrs Tibble declared a pecuniary interest in this item, as she is a minor shareholder at Workington AFC.  She did not take part in the discussion.

Mr Shirley moved that the County Council acknowledge that if change in football was ever to be delivered then Tracey Crouch MP’s excellent fan-led review of Football Governance (Published 25 November 2021) would need to be implemented in full, so that the recommended changes became a reality. 

This motion asked Council to

(i)      Acknowledge the efforts that this Council has made to promote an active lifestyle, and to support Cumbria based clubs at all levels, from all sporting codes as a force forgood in Cumbrian communities;  

(ii)     Recognise thevalue of football in Cumbrian communities, and the important role it plays in many people's lives; 

(iii)    Support the principles and objectives of ‘Fair Game’ which are a band of football clubs,  and supporters who are striving to change our national game for good. To support the principles of ‘Fair Game’ which are Sustainability, Fairness, and Success in the wider interests of football.  

Mr Shirley said that in order for this Motion and Fair Game to be a success support from all levels needed to be called upon. This included government intervention, therefore the Motion asked the County Council to write to Cumbria's MP's who had not yet supported Fair Game, calling on them to support these principles too.  

The motion was seconded by Mr W Clark.

There was unanimous support from all members of the County Council for this motion and the motion was AGREED.

After debate it was ruled by the Chairman that the Motion from Dr S Haraldsen would fall as the proposer was not present and therefore unable to present the motion.

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.

There were no speeches made on this occasion.