Archived decisions
At a Meeting of Hampshire County Council held at The Castle, Winchester on Thursday, 28 November, 2002 at 10.00 a.m.
Chairman :
p Councillor P.R.C. Hutcheson
Vice-Chairman:
p Councillor Mrs. M.D. Snaith
Councillors:
p Mrs S.E. Allbright
p D.G. Allen
p Mrs A.E. Bailey
p Mrs. E.S.M. Barron
p Mrs P.G. Banks
p R. J. Baulk
p I.F.E. Beagley
p Carol Boulton
p F.J. Bright
p P.R. Brown
p J.V. Bryant
p Mrs. E.M. Byrom
p M.F. Cartwright
p K.G. Chapman
p P.J. Chegwyn
p J.E. Coles
p A.P. Collett
p B.D. Dash
p C.R.H. Davidovitz
p G.W. Davies-Dear
p Mrs. P.M. Devereux
p Mrs. P. Dickens
p A.G. Dowden
p Dr. R.J. Ellis
p Capt. K.B. Estlin
p W.J. Filer
p Mrs. J.K. Frankum
p E.F. Gale, M.B.E.
p M.S. Geddes
p D. Gillett
p Mrs S.M. Glasspool, D.L.
p J.K. Glen
p B.T. Gurden
p Mrs. D.R. Harrison
p S.A. Hayes
p P.A. Heath
p Mrs. K. Heron
p Felicity Hindson, M.B.E.
Mrs. P.G.E. Holden-Brown
p K. House
p Jo Kelly
p M.J. Kendal
p R.J. Kimber
D.A. Kirk
p T.G. Knight
p Mrs C.A. Leversha
p A.R. Ludlow
p P. Luffman
p P.K. Mason
p R.C. McIntosh
p Mrs. A.M. McNair Scott
p Mrs. P.G. Peskett
p P.A. Pierce
p R.H. Price
p Mrs. E.M.F. Randall
p A.W. Rice, T.D.
p M.J. Roberts
p Sir James Scott
p K.P.J. Searle
p M.L. Sheehan
p Mrs. V. Steel
p J.W. Stocks
p T.K. Thornber, C.B.E.
J. Waddington
Dr. J.G.L. Wall
p J.K. West
p Mrs P.A. West
p W.H. Wheeler
p M.J. Woodhall
p Jenny Wride
p D.F. Wright
122 THE LATE COUNCILLOR RITA COLLINS.
The Council noted with deep regret the recent passing of Councillor Rita Collins, County Councillor for the Basingstoke North West electoral division. Tributes were paid to her services to local government and the Council stood in silence as a mark of respect to her memory.
123 MINUTES.
The Minutes of the meeting of the County Council held on 19 September 2002 were confirmed and signed by the Chairman.
124 DECLARATION OF INTERESTS.
Members were mindful that, where they believed they had a personal or personal prejudicial interest in any matter to be considered at the meeting, they should normally at the time of the debate, declare their interest and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, consider whether to leave the meeting whilst the matter was discussed.
125 DEPUTATIONS.
No deputations had been received.
126 CHAIRMAN'S COMMUNICATIONS.
The Chairman reported on engagements he had attended since the last meeting of the County Council. He made particular reference to the following:-
_ his congratulations to Honorary Alderman G. E. Raymond, MBE who had recently married.
_ his congratulations to Councillor M. L. Sheehan on the recent birth of his son.
_ the impending retirement of Mr. John Ekins, County Surveyor. In company with the Leader, the Executive Member for Environment and the Leaders of the two minority groups the Chairman paid tribute to Mr. Ekins' many years of outstanding service to the County Council and to his national standing in his profession. All Councillors joined with the Chairman in wishing him a long and happy retirement.
127 LEADER'S REPORT.
The Leader reported that a paper prepared by the County Treasurer on the budget outlook would be circulated at the conclusion of the meeting.
The Leader reported with pleasure that the Property Business and Regulatory Services Directorate had been awarded the Chartered Institute of Building Services Engineers' Teamwork Award. Members joined with him in acclaiming this achievement.
The attention of Members was drawn to steps being taken by the NHS Appointments Commission to fill vacancies on NHS Trusts and Primary Care Trusts in Hampshire. The closing date for applications was 20 December 2002 and those interested in applying were encouraged to do so without delay.
The Leader reminded Members of the Council's joint bid, with the Hampshire and Isle of Wight Strategic Health Authority, aimed at building provision for 500 additional nursing care places in the County at a total capital cost of £60m. This highly innovative approach had been approved in principle by the Department of Health and, whilst full details had still to be finalised, it appeared that it would be possible to achieve a major capital investment to enhance service capacity. The Leader drew attention to the significant problems being caused as a result of Government policies in this area including, in particular, proposals to impose fines on local authorities for bed-blocking. This would lead to perverse results rather than improved care, and the Leader confirmed that he intended to avoid fines by drawing upon corporate resources until the new financial year when provision would have to be made in the 2003/04 budget.
The Leader was pleased to report widespread support for the Hands off Hampshire Campaign, and in particular nearly 3000 signatures for the "E" petition on the County Council's website.
128 QUESTIONS PURSUANT TO STANDING ORDER 20(b)(i).
Councillor K.B. Estlin, Executive Member for Environment, answered a question from Councillor M.J. Roberts concerning bus services in East Hampshire. Councillor Roberts also presented formally to the Council a residents' petition on the subject.
Councillor T.K. Thornber, CBE, Leader of the Council, answered a question from Councillor M.J. Roberts concerning health and safety in relation to the firefighters' dispute.
Councillor T.K. Thornber, CBE, Leader of the Council, answered a question from Councillor Mrs. P. Dickens concerning the nursing care investment strategy.
129 APPOINTMENTS.
The Council considered the report of the Chief Executive (Item 7 in the Minute Book). In relation to the size of the Council's Policy Review Committees, the Leader proposed, and the Council agreed, that the Policy and Resources and Education Policy Review Committees should remain as currently constituted.
The opportunity was also taken to appoint County Councillors to each of the eleven Connexions Advisory Forums, one per district, and to adjust the membership of the Standards Committee.
ORDERED:
(i) That Part 1 Chapter 10 of the Constitution (Other Advisory Panels) be revised by the following addition to paragraph 10.2.
Committee |
Reporting to |
Buildings, Land and Contracts Panel |
Leader of the Council |
(ii) That Councillor T. K. Thornber, CBE be appointed Chairman of the Buildings, Land and Contracts Panel, the Panel to comprise 8 members (5:2:1);
(iii) That Councillor Mrs. P. M. Devereux be appointed Vice-Chairman of the Schools Monitoring Panel;
(iv) That the Environment, Recreation and Heritage and Social Care Policy Review Committees each comprise 18 County Councillors (11:5:2);
(v) That Mr. D. Mewes and Mr. T. Coupland be appointed co-opted members of the Education PRC to fill teacher representative and parent governor representative vacancies respectively;
(vi) That pursuant to Section 85 of the Local Government Act 1972, approval be given to Mrs. Carol Barfoot's absence from meetings due to her own indisposition and that of members of her family.
(vii) That appointments be made to the Connexions District Advisory Fora as follows
Basingstoke and Deane - Councillor K.G. Chapman
East Hampshire - Councillor Sir James Scott
Eastleigh - Councillor Mrs P.G.E. Holden-Brown
Fareham - Councillor R.J. Ellis
Gosport - Councillor Mrs. M.D. Snaith
Hart - Councillor J.W. Stocks
Havant - Councillor Mrs. V. Steel
New Forest - Councillor Mrs. P.G. Banks
Rushmoor - Councillor A.P. Collett
Test Valley - Councillor Mrs. P.A. West
Winchester - Councillor Mrs. P.G. Peskett
That Councillor A.R. Ludlow (deputy Councillor Mrs. E.S.M. Barron) be appointed to the Standards Committee.
130 CABINET/LEADER - SPRINKLER SYSTEMS
Part I of the report of the Cabinet/Leader was presented proposing, in response to the Notice of Motion put by Councillor K.G. Chapman at the previous meeting, that the Council should, as a matter of policy, install sprinkler systems in new buildings. The Leader, however, was mindful that, arising from debate, a number of Members wished to discuss aspects of the proposal in detail. Accordingly, the Leader undertook that the matter would be reported to the first meeting of the new Buildings, Land and Contracts Panel and that the Chief Fire Officer would be invited to attend, together with all other Members of the Council. Consideration of the Leader's report on the matter, therefore, was postponed.
131 STANDARDS COMMITTEE - ACCESS TO INFORMATION : STANDING
ORDER 11
Part I of the report of the Standards Committee was presented and the recommendation approved.
ORDERED:
That Standing Order 11(b) be amended by the substitution of the word "Five" for "Six" in line 3 and that a further sentence be added at the end of paragraph 11(b) as follows:
"For the avoidance of doubt "clear days" shall be calculated so as to exclude weekends and bank holidays".
132 HEALTH OVERVIEW AND SCRUTINY.
The Council considered the report of the Chief Executive (Item 9 in the Minute Book) following consideration of the issues by the Cabinet and the Policy and Resources Policy Review Committee concerning the establishment of a new Health Review Committee to assist the Council in the exercise of its discretionary power of health overview and scrutiny.
Councillor Felicity Hindson, MBE declared a personal interest in this item.
Particular attention was given to local involvement and whether councillors from each district should have a direct role in the work of the new committee. Following discussion, it was considered that the most appropriate way forward was to proceed as recommended, the Hampshire and Isle of Wight Association of Local Authorities (HIOWLA) being requested to consult with Hampshire District Councils on the selection of three district councillors to be co-opted onto the Committee. Members were mindful that all Councillors, whether from the County Council or District Councils could be involved by way of participation in individual reviews.
ORDERED:
(i) That the following changes be made to the Constitution for the express purpose of exercising the power of health overview and scrutiny through the medium of a new Health Review Committee:
Part 1 - Chapter 6
6.3 add to table (which lists PRCs and their functions)
Committee |
Scope |
Health Review |
Planning and undertaking overview and scrutiny of health within powers provided by section 7 of the Health and Social Care Act 2001. Responding to NHS bodies who have a duty to consult on proposals for substantial development of and variation in provision of health services. |
Part 3: D
Provisions in paragraph 1.10 would not apply to a Health Review Committee : add a new paragraph 1.10A with provisions specific to the Health Review Committee as follows:-
1.10A |
The Health Review Committee has direct statutory responsibility for publishing reports of reviews, with recommendations, and for undertaking consultation. Health bodies are statutorily required to respond. The Health Review Committee will expect other services and organisations to whom recommendations are addressed, including the County council's own services, to respond in a similar way. The Health Review Committee will consider those responses, and will review the matter when recommendations have been acted upon to check that intended outcomes have been achieved. |
(ii) That the following terms of reference of the Health Review Committee be
approved:-
_ To exercise powers provided by Section 7 of the Health and Social Care Act 2001 to scrutinise and review, on behalf of the community, health services within the County Council's area as part of a wider role in health improvement and in reducing health inequalities.
_ To respond, on behalf of the community, to NHS bodies who have a duty to consult on proposals for substantial development and variation in provision of health services.
_ To prepare an annual programme of reviews.
_ To set up advisory working groups, as appropriate, to undertake individual reviews, such groups to incorporate individuals with specific local knowledge and topic expertise.
_ To take an investigative approach, giving consideration to commissioning surveys and research, meeting those providing and using services, and holding public hearings.
(iii) That the Health Review Committee comprise 18 County Councillors (11:5:2)
(iv) That Councillor R.J. Ellis be appointed Chairman of the Health Review Committee and Councillor Mrs. P.G. Banks the Vice-Chairman.
(v) That the Hampshire and Isle of Wight Association of Local Authorities (HIOWLA) be requested to consult with district councils on the selection of three district councillors to be co-opted onto the Health Review Committee to represent the interests of the Hampshire District Councils collectively.
(vi) That the Health Review Committee shall meet in January 2003
· to co-opt District Council representatives (if nominated by that date)
· to consider representations received on the consultation paper on health review prepared for circulation to stakeholders and other interested bodies and
· to consider in more detail arrangements for exercising the County Council's discretionary power.
(vii) That Central Government be asked to recognise the significant additional resource implications of the County Council's decision by providing specific funding for the purpose.
(viii) That consideration be given in due course to what provision should be included for health scrutiny in the County Council's Budget 2003/04 in the light of (vii) above and the Health Review Committee's decisions and recommendations.
133 DIBDEN TERMINAL PROPOSALS - LEGAL AGREEMENTS AND CONDITIONS.
The Council considered the report of the Director of Environment and the Chief Executive (Item 10 in the Minute Book) seeking the Council's agreement to the principles which would be included in formal agreements with Associated British Ports (ABP) for obligations in the event that permission were given for the development to proceed.
ORDERED:
(i) That Agreements, in such form as the Chief Executive may determine, be
entered into with ABP and any other relevant parties in relation to the
implementation of the Dibden Terminal proposals, in the event of the
Secretary of State granting approval of the development, in respect of the
following aspects as referred to in the report:
Transport - |
A326 measures, Terminal Access Road, Marchwood and Hounsdown Level Crossings, Public Transport Proposals, Port Travel Plan, Freight Quality Partnership, Lorry Routing, Port Closure Contingency Plan and Signing Strategy. |
Nature Conservation - |
measures relating to monitoring and management agency arrangements in the Church Farm Nature Conservation Area. |
Archaeology - |
archaeological investigations. |
Rights of Way - |
contributions to maintenance. |
District Council matters - |
any relevant matters to the County Council |
(ii) That the County Council rejects the proposed provisions by ABP for financial contributions to traffic movement measures at Marchwood, within the New Forest Heritage Area and the overbridges at Totton Town Centre. The County Council would be prepared to agree to provisions for a maximum of £250,000 towards mitigation measures at Marchwood and a maximum of £500,000 for the New Forest Heritage Area. The County Council should seek provisions to achieve a contribution of £2.5 million towards improved accessibility at Totton Town Centre. If the above proposals are declined by ABP, the County Council should submit to the Public Inquiry that any final approval of the Dibden Terminal proposals should be dependent on full contributions to these measures.
(iii) That the Chief Executive and Director of Environment be given authority, in consultation with the Leader and any appropriate Executive Member, to agree, notwithstanding resolution (ii) above, any outstanding financial contributions, commuted sums, matters of drafting that are currently in disagreement with ABP and any other appropriate matters, with the aim of achieving a completed Agreement prior to the closure of the Dibden Terminal Inquiry, or, if considered unsatisfactory, to reject certain parts of the Agreement.
(iv) That the Chief Executive and Director of Environment be authorised to pursue further possible controls of the proposed development through submissions to the Public Inquiry on the terms of the Orders and possible conditions on the planning applications.
134 PERIODIC ELECTORAL REVIEW OF COUNTY ELECTORAL DIVISIONS.
The Council received the report (Item 11 in the Minute Book) of the Members' Panel, set up at the previous meeting to formulate proposals for the submission to the Boundary Committee for England. The submission had to be made by 25 November and, following consideration of the matter by the Panel on 20 November, the Chairman agreed, pursuant to Section 100B(4)(b) of the Local Government Act 1972, that the report of the Panel be laid before the Council. Members commented on matters of fact and arithmetical errors were noted by the Chief Executive to be forwarded to the Boundary Committee.
The Council, in noting the submission, was mindful that when the Boundary Committee for England published its recommendations, there would be a further 8 weeks to comment. The Leader undertook that, subject to timing constraints, the Boundary Committee's recommendations would be discussed by the full Council. If this were not possible then the Members' Panel would review the Boundary Committee's recommendations in consultation with all Members of the Council, comment as necessary and make appropriate recommendations.
ORDERED:
That, subject to arithmetical adjustment as required, the report of the Members' Panel on the Periodic Electoral Review of County Electoral Divisions be approved as submitted to the Boundary Committee for England.
135 OLDER PEOPLE'S SERVICES - NOTICE OF MOTION.
Councillors Mrs. E. S. M. Barron, R. J. Kimber, A. R. Ludlow and P. Luffman declared personal interests in this item and took no part during its consideration.
Councillor A.G. Dowden, seconded by Councillor A. P. Collett, proposed the following motion, notice of which had been given in accordance with Standing Order 17:
"This Council seeks that the present administration look for innovative ways of providing more low level services for older people. The latest census reveals that there are 40% more people aged 85 or over in Hampshire than there were in the 1991 census. Hampshire County Council could and should consult older citizens through Hampshire Now to allow older people to inform this Council of their needs.
The present policy of this administration is to concentrate its services on the most frail and dependent older people.
It must be noted that this Council is annually spending £25m below the Standard Spending Assessment level on older people's services set by the Secretary of State for Health.
It has been acknowledged by Age Concern and other organisations that many senior citizens would greatly benefit from this additional help. This would enable them to become more active citizens, remain healthy for much longer, and allow many to positively contribute to their communities. More importantly, it would demonstrate that this Council was serious about including older people in local democracy."
Arising from debate, a number of adjustments to the wording of the motion were accepted by the proposer and seconder of the Motion, particularly to emphasise that work to secure innovative ways of providing more low level services for older people was an ongoing process. The motion, as revised, was put to the meeting and it was
ORDERED:
That this Council seeks that the present administration continues to look for innovative ways of providing more low level services for older people. The latest census reveals that there are 40% more people aged 85 or over in Hampshire than there were in the 1991 census. Hampshire County Council could and should consult older citizens through Hampshire Now to allow older people the opportunity to inform this Council of their needs.
The present policy of this administration is to concentrate its services on the most frail and dependent older people.
It has been acknowledged by Age Concern and other organisations that many senior citizens would greatly benefit from this additional help. This would enable them to become more active citizens, remain healthy for much longer, and allow many to positively contribute to their communities.
136 HAMPSHIRE POLICE AUTHORITY.
Councillor S.A. Hayes, the nominated spokesperson for the Police Authority,
presented the report of the Police Authority. He also answered a question which had
been submitted by Councillor M.J. Roberts, pursuant to Standing Order 20(d)
concerning the availability of Police throughout the county at evenings and weekends.
137 HAMPSHIRE FIRE AND RESCUE AUTHORITY.
Councillor M.F. Cartwright, Chairman of the Hampshire Fire and Rescue Authority, presented the report of the Authority and supplemented the report with an update on the firefighters' pay dispute (paragraph 175). No questions had been submitted pursuant to Standing Order 20(e) concerning the discharge of the Authority's functions.
138 MATTERS FOR INFORMATION OR WITHIN DELEGATED POWERS.
Part II of the reports of the following comprising matters for information or dealt with within delegated powers were presented, received and adopted:
The Cabinet/Leader
On paragraph 179 (Nursing Care Investment Strategy) the Leader undertook to advise Councillor W.H. Wheeler, with a copy to all other Members of the Council, of the impact of extra Government grants on social care.
On paragraph 181 (Application for Beacon Council Status) the Leader would let Members know whether the achievement of Beacon Status released additional resources from Government.
Executive Member for Environment
On paragraph 186 (Alton Materials Recovery Facility) the Executive Member undertook to let Members know the position countywide in relation to battery recycling.
Executive Member for Recreation and Heritage
Executive Member for Social Care
Executive Member for Education
On paragraph 190 (Valuing Governors) the Executive Member undertook to consider the scope for making retrospective Governor awards.
The meeting closed at 4.45 p.m.
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