Agenda and minutes

Apologies for absence were received from Mr Barbour, Mr Bingham, Mr Cook, Ms Driver, Miss Garton, Mrs Gray, Mr Johnson, Mr Markley, Mr Marriner, Mr McSweeney, Mrs Sanderson, Mr Shirley, Mr Stoddart, Mr Watson, Mr Wielkopolski, Mr D Wilson and Mr Worthington.

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 A Lamb declared a non pecuniary interest in Agenda Item No 8 – Youth Justice Plan 2022-23, as he works for the NHS.  He took no part in the discussions.

Mr C Whiteside  declared a non pecuniary interest in Agenda Item No 8 – Youth Justice Plan 2022-23, as his wife works for the NHS.  He took no part in the discussions.

Mr K Little declared a pecuniary interest in Agenda Item No 10 – 2021/22 Annual Report of the Cumbria Fire Local Pension Board, as he was in receipt of a Fire Service Pension.

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 discussions on 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 public questions, statements or petitions on this occasion.

To confirm as a correct record the minutes of the meeting of the Council held on 23 June 2022 (copy enclosed)

RESOLVED,     that the minutes of the meeting held on 23 June 2022 be agreed with the following amendments:

On Page 9 Minute 21 – Declaration of Interest change ‘Mr Wearing’ to ‘Mr McEwan’.

On Page 10 Minute No 24 – Presentation to Chief Constable in the opening paragraph change ‘Mr Wearing’ to ‘Mr McEwan’.

On Page 14 Minute 27 (a) Cabinet minutes – 21 April in the fifth paragraph, last sentence, change the word ‘not’ to ‘now’ so it reads ‘he hoped this could now be moved forward’.

On Minute No 36 (A) – Minutes of Committees change the resolution to read ‘minutes of Audit and Assurance Committee ….’ instead of ‘minutes of Standards Committee’.

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

Lord Liddle arrived at this point of the meeting.

The Chair began by informing members that 3 September was Merchant Navy Day which aimed to raise awareness of the UK’s ongoing dependence on Merchant Navy seafarers. Cumbria County Council supported the nationwide call from the Seafarers UK Charity and the Merchant Navy Association for the UK Merchant Navy’s official flag to be flown on public buildings and landmarks.

This was a great way to honour the brave people who kept our 'Island Nation' afloat during both World Wars and celebrate our dependence on modern day merchant seafarers who were responsible for 90% of the UK's imports.

.

World Suicide Prevention Day was being marked on 10 September 2022, and the theme for this was Creating Hope Through Action’.  The Chair highlighted the important work of the Cumbria Suicide Prevention Leadership Group and the Suicide Prevention Network, and asked members to help by sharing the information so that people know where to turn to for help, support and advice should they need it.

The Chair concluded his announcement by informing members that 9 September was Emergency Services Day, also known as 999 Day. Cumbria County Council, was proud that this includes the work of the Fire and Rescue Service, and he asked members to join him in applauding their continued hard work and commitment alongside their other emergency services colleagues.

The minutes of the meetings of the Cabinet held on 21 July 2022 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.

RESOLVED,     that the minutes of the Cabinet meeting held on 21 July 2022 be received and noted.

To consider a report from the Cabinet Member for Children’s Services (copy enclosed)

Mr A Lamb declared a non pecuniary interest in this item as he works for the NHS.  He took no part in the discussions.

Mr C Whiteside  declared a non pecuniary interest in this item as his wife works for the NHS.  He took no part in the discussions.

Miss H Fearon left the meeting at this point.

Members considered a report which asked Council to approve the Cumbria Youth Justice Plan 2022-2023 for submission to the Youth Justice Board.

The Cumbria Youth Justice Plan was required to be submitted to the Youth Justice Board by 30 June 2022, and a draft copy of the plan was accepted, pending the final formal submission once Council had agreed the plan.

The work of the service and the outline of the plan had been presented to the Children and Young People’s Scrutiny Advisory Board on 24 May 2022.

The Youth Offending Service would continue to focus on its key strategic aim of preventing offending by children and young people, and the three identified priority areas in this year’s plan were:

·           Effective interventions at every level

·           Reducing Reoffending, and

·           Improving outcomes for children, young people and their families.

Council noted that under these three key aims, there were a number of actions that informed the service delivery plan for 2022-2023.

Cabinet had considered the Youth Justice Plan 2022-23 at its meeting on 21 July and agreed that the plan should be RECOMMENDED to Council.

The Chair of the Children & Young People’s Scrutiny Advisory Board complimented the Youth Offending and Prevention Service Manager and her team for the plan, and commented that he hoped this service would not be disaggregated during the LGR process as he felt this would be a disadvantage.

The Cabinet Member for Children’s Services agreed that it would be a disadvantage to disaggregate the service as it was a very small team.

Mrs Evans asked the Cabinet Member about the support received by the 8% mentioned in the plan as being referred to CAMS and also whether the loss of the NSPCC provision for sexual behaviour had been replaced by something else.

The Cabinet Member agreed to provide a written response to this.

One of the members commented that it would be useful to include a reference to the Glossary of Terms on the contents page.  Dem Services would pass this to the officer concerned.  

RESOLVED,     that Council agrees the Cumbria Youth Justice Plan 2022-2023 for submission to the Youth Justice Board.

To consider a report from the Cabinet Member for Customers, Transformation and Fire and Rescue (copy enclosed)

Members had before them a report which recommend that the current Integrated Risk Management Plan (IRMP) be extended for a period of 12 months.

Members noted there was a statutory requirement for the Fire and Rescue Service to have in place an Integrated Risk Management Plan (IRMP).  The current IRMP was due to be refreshed and approved by Full Council in April 2023.

Given the programme of Local Government Reform and the fact that the Fire Service would need to have in place a new Fire Authority from April 2023, this paper asked Council to agree the recommendation from Cabinet that the current IRMP be extended.

Cabinet had considered the extension of the IRMP at its meeting on 21 July and agreed that the extension of the plan should be RECOMMENDED to Council.

Mr Dobson asked the Cabinet Member for Customers, Transformation and the Fire Service how the IRMP linked with Emergency Planning.

The Cabinet Member agreed to provide a written response.

RESOLVED,     that Council agrees that the current IRMP be extended for a period of 12 months.

To consider a report from the Cabinet Member for Customers, Transformation and Fire and Rescue (copy enclosed)

Mr K Little declared a pecuniary interest in this item, as he was in receipt of a Fire Service Pension.

County Council considered a report from Cabinet Member for Customer, Transformation and Fire and Rescue, which presented the Annual Report of the Cumbria Fire Local Pension Board 2021/22. 

The Cumbria Fire Local Pension Board was required to report on its activities to the Council, and the Annual Report of the Cumbria Fire Local Pension Board 2021/22 detailed developments of the Board and its activities during the year.

Where the Cumbria Fire Local Pension Board was concerned that due consideration had not been given to matters of non-compliance, the Board may submit a report for consideration by the Audit and Assurance Committee as the body designated by the Scheme Manager with the capacity to investigate such matters on its behalf.  There had been no matters raised with the Audit and Assurance Committee.

RESOLVED,     that members note the 2021/22 Annual Report of the Cumbria Fire Local Pension Board.

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 Cabinet Member for Highway and Transport for an update on the A595.  He asked for a summary of progress on the whole of the road, including work completed, work planned and also details of the amount of funding available for this route, and said he would be happy with a written response.

The Cabinet Member thanked Mr Whiteside for his question.  He would provide a written response for all members, in the form of an annual report.

Dr Lockney asked the Leader of the Council whether he could share with council the strategic picture of asylum seeker and refugee support currently underway in Cumbria, especially in light of the current negative publicity about this?

The Leader responded to say that this was a moving picture, not just in terms of worldwide conflict that created further needs, but in terms of the Government’s organisational response.

Cumbria had a range of refugee, evacuee and asylum programmes now in operation throughout Cumbria, including the Syrian programme, the Unaccompanied Asylum-Seeking Children National Transfer Scheme, the Afghan Relocations and Assistance Policy, Homes for Ukraine, and the Resettlement of Hong Kong British Nationals.  Each of these schemes was essentially a standalone policy, so whilst the Council continued to work hard with partners to coordinate support activity it was increasingly difficult to manage the longer term cumulative impact, due to this segregated approach, particularly with the newer initiatives, where the local authorities does not have a specified role or funding allocated. 

In relation of the point about the negative publicity this was always going to be one of the consequences of the way in which the most recent asylum contingency accommodation was arranged.

The Leader had recently written to Kevin Foster MP, the Minister for Safe and Legal Migration to give the County Council’s response to the Asylum Dispersal Consultation. He agreed to circulate the letter, and the brief response, to all members.

Mr Allison said he was regularly asked about the status of the Carlisle Southern Link Road.  The operation site at Durdar seemed to have been vacated, whist the contracts were being re-valuated and also presumably the ability of the government to continue to support this important project.  He asked the Leader if he was able to give members his  assessment of the prospects for this project.  

The Leader responded to say the unprecedented times with inflation had impacted on the CSLR Project which meant the Council had been unable to progress as planned, however the Council had been in constant dialogue with Homes England and had agreed a way forward involving continuing to undertake works to de risk the construction activities whilst a new tender exercise for the main construction contract was undertaken. It was anticipated that this would be completed early next year with a revised start on site in the summer subject to funding being agreed. Homes England had continued to provide funding for major service diversions and other de risking activities that were ongoing.  He said  ...  view the full minutes text for item 50.

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 meeting of full Council.

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

The Chair of Scrutiny Management Board took members through the report.

Mr Hitchen said he understood that it had been agreed that the Scrutiny Review - Local Government Reform - Locality Models would be circulated to all district councils and to both new unitary councils.  He asked if this had been done.

The Chair confirmed that the Task and Finish Group report had been shared with all the districts and the two new shadow authorities, and he would be willing to talk to any of the shadow scrutiny members about this.

Mr Morgan referred to the scrutiny work programme and asked if it would be possible to share the local school exam results with the members of the local committees. 

The Chair agreed to pass this request on to the Chair of the Children and Young People’s Scrutiny Advisory Board.

RESOLVED,     that the report be received and noted.  

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 draft minutes of a meeting of the Audit and Assurance Committee held on 30 June 2022 (copy enclosed)

The Chair of the Audit Committee took members through the minutes and said the Audit Committee was conscious of the need to ensure that the County Council accounts were handed over to the two unitary councils in as favourable position as possible.

The Leader of the Council said on page 101 of the papers it stated that the internal auditors had commented on the position and progress of audits of other local authorities and the impact this could have on the County Council.  He asked if the Chair could update the members on the accounts of Copeland Borough Council.

The Chair responded to say that all of the other authorities were at different stages with their own accounts but Cumbria County Council accounts were exemplary and were ahead of all the rest.  The external auditors were working hard to get all of the local authorities to the same place at the same time.

Mr Hughes asked how the Audit Committee decided which deep dives to concentrate on and the Chair gave an explanation.

RESOLVED,     that the minutes of the Audit and Assurance Committee meeting held on 30 June 2022 be received and noted.

To receive the draft minutes of a meeting of the Cumbria Pensions Committee held on 16 June 2022 (copy enclosed)

RESOLVED,     that the minutes of the Cumbria Pensions Committee meeting held on 16 June 2022 be received and noted.

To receive the draft minutes of a meeting of the Workington Harbour Board held on 22 July 2022 (copy enclosed)

RESOLVED,     that the minutes of the Workington Harbour Management Committee meeting held on 22 July 2022 be received and noted.

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

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

One relevant decision had been taken since the last meeting and the details were set out in Appendix 1 of the report.

RESOLVED,     that the report be received and noted.

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

1.            Councillor Filmore will move:

First Past the Post (FPTP) originated when land-owning aristocrats dominatedparliament and voting was restricted to property owning men.

In Europe, only the UK and authoritarian Belarus still use archaic single-round FPTPfor general elections. Meanwhile, internationally, Proportional Representation (PR) is used to elect parliaments in more than 80 countries.Those countries tend to be more equal, freer and greener.

PR ensures all votes count, have equal value, and those seats won match votes cast.

Under PR, MPs and Parliaments better reflect the age, gender and protectedcharacteristics of local communities and the nation.

MPs better reflecting their communities leads to improved decision-making, widerparticipation and increased levels of ownership of decisions taken.

PR would also end minority rule. In 2019, 43.6% of the vote produced a government with 56.2% of the seats and 100% of the power. PR also prevents ‘wrong winner ’elections such as occurred in 1951 and February 1974.

PR is already used to elect the parliaments and assemblies of Scotland,Wales and Northern Ireland. So why notWestminster?

Council therefore resolves to write to H.M. Government calling for a change inour outdated electoral laws to enable Proportional Representation to be used for general elections.

2.            Councillor Lockney will move:

The Covid19 pandemic brought to light many inequities in our society, and now the cost of living crisis brings into even harsher relief those problems which have existed for some time regarding school meal provision, including free school meals (FSM).

The Government set the funding amounts for free school meals, and schools currently receive only £2.34 per meal for KS1 pupils, frozen since 2020 (the funding level was set at £2.30 in 2014 and increased by 4p in 2020). It is due to be increased to £2.41 per meal but why don’t these amounts regularly rise in line with inflation? It leaves some schools having to make up the difference out of their own budgets, leading to cuts in other areas.

We know there has been an increase in the number of pupils eligible for FSM from 20.8% in Jan 2021 to 22.5% in Jan 2022. We also know from the Food Standards Agency that 1 in 6 people regularly use a food bank, up from 1 in 10 in March 2021. We can only anticipate that the growing cost of living crisis will exacerbate these numbers, putting more of a squeeze on both family and school budgets. This will in turn be likely to affect the quality of school meal provision.

The government’s own advisor on school meals, Henry Dimbleby, has condemned their national plan as, ‘not a strategy’, outlining that the government has ignored many of the recommendations in the report they commissioned him to produce, including the recommendation of extending the eligibility for free school meals to any child under 16 living in a household  ...  view the full agenda text for item 54.

Dr Haraldsen asked whether the motion of First Past The Post (FPTP) should be debated given the County Council did not any influence over this.

The Chair said he had considered this issue and advised that in accordance with the constitution motions could be considered not only on matters which the County council had a responsibility, but also those which affected the County of Cumbria. On the latter basis he had accepted the motion.

Ms Filmore moved the following motion:

First Past the Post (FPTP) originated when land-owning aristocrats dominatedparliament and voting was restricted to property owning men.

In Europe, only the UK and authoritarian Belarus still used archaic single-round FPTPfor general elections. Meanwhile, internationally, Proportional Representation (PR) was used to elect parliaments in more than 80 countries.Those countries tended to be more equal, freer and greener.

PR ensured all votes count, have equal value, and those seats won matched votes cast.

Under PR, MPs and Parliaments better reflected the age, gender and protectedcharacteristics of local communities and the nation.

MPs better reflecting their communities led to improved decision-making, widerparticipation and increased levels of ownership of decisions taken.

PR would also end minority rule. In 2019, 43.6% of the vote produced a government with 56.2% of the seats and 100% of the power. PR also prevented ‘wrong winner ’elections such as occurred in 1951 and February 1974.

PR was already used to elect the parliaments and assemblies of Scotland,Wales and Northern Ireland - so why notWestminster.

Council therefore resolved to write to H.M. Government calling for a change inour outdated electoral laws to enable Proportional Representation to be used for general elections.

The motion was then seconded by Mr Thornton and the Chair opened this up to debate.

A long and detailed debate took place with different opinions being expressed.  Upon conclusion of the debate the motion was then put to a vote.  With 18 voting for, 36 against and 4 abstentions the motion was lost.

The meeting then broke at 12.45 for lunch and reconvened and 1.30pm.

When the meeting recommenced Dr Lockney moved the following motion:

The Covid19 pandemic brought to light many inequities in our society, and now the cost of living crisis brings into even harsher relief those problems which have existed for some time regarding school meal provision, including free school meals (FSM).

The Government set the funding amounts for free school meals, and schools currently receive only £2.34 per meal for KS1 pupils, frozen since 2020 (the funding level was set at £2.30 in 2014 and increased by 4p in 2020). It was due to be increased to £2.41 per meal but why don’t these amounts regularly rise in line with inflation? It left some schools having to make up the difference out of their own budgets, leading to cuts in other areas.

We know there had been an increase in the number of pupils eligible for FSM  ...  view the full minutes text for item 54.

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 Chief Legal Officer (Monitoring Officer).

None.