Archived decisions
At a Meeting of Hampshire County Council held at The Castle, Winchester on Thursday, 18 September, 2003 at 10.00 a.m.
Chairman :
p Councillor Mrs. M. D. Snaith
Vice-Chairman:
p Councillor J. V. Bryant
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
Carol Boulton
p F.J. Bright
p P.R. Brown
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
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.
M.S. Geddes
p D. Gillett
Mrs S.M. Glasspool, D.L.
p J.K. Glen
B.T. Gurden
Mrs. D.R. Harrison
S.A. Hayes
p P.A. Heath
p Mrs. K. Heron
p Felicity Hindson, M.B.E.
p Mrs. P.G.E. Holden-Brown
p K. House
p P.R.C. Hutcheson
p Jo Kelly
p M.J. Kendal
p R.J. Kimber
p D.A. Kirk
p T.G. Knight
Mrs C.A. Leversha
p A.R. Ludlow
p P. Luffman
p P.K. Mason
p R.C. McIntosh
Mrs. A.M. McNair Scott
p Mrs. P.G. Peskett
p P.A. Pierce
R.H. Price
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 J.D. Shaw
M.L. Sheehan
p Mrs. V. Steel
J.W. Stocks
p T.K. Thornber, C.B.E.
p J. Waddington
p 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
202 MINUTES.
The Minutes of the meeting of the County Council held on 24 July 2003 were confirmed and signed by the Chairman.
203 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.
204 DEPUTATIONS
There were no deputations on this occasion.
205 CHAIRMAN'S COMMUNICATIONS
It was with sadness that the Chairman reported the passing of former County Councillor Dr. Claude Bamber who had served as County Councillor for the Eastleigh (Fair Oak and West End) County Electoral Division from 1985 to 1997. The Leader of the Council, the leaders of the political groups and other Members of the Council who had been associated with Dr. Bamber paid tribute to his dedication and commitment to the County Council, the people of Hampshire and his local community. The Council stood in silence as a mark of respect to his memory.
The Chairman also reported the presentation by the Chairman of Rushington Manor Residents' Association of two Queen's Golden Jubilee Mugs to the County Council recently as a mark of appreciation for their involvement by the County Council in its affairs.
On 24 September the Chairman was hosting a reception in the Great Hall, Winchester for those members of staff who had recently achieved 25 years service with the County Council. She took the opportunity to thank them for their hard work and their huge contribution to the successful running of the County Council's services.
The Chairman then reminded the Council of the Reception she was jointly hosting with the Leader on 22 October for volunteers in the community. She encouraged Members to nominate residents in their county electoral divisions who they considered should be invited. The Reception would be a wonderful opportunity to thank all those who carry out invaluable voluntary work in the Hampshire community.
In conclusion, the Chairman applauded the Hampshire Youth Orchestra on the breathtaking quality of their performance recently at Basingstoke and congratulated them on their talent and their positive impact upon the reputation of the County Council.
206 LEADER'S REPORT
The Leader reported with regret that, due to unforeseen circumstances, Magda De Galan, President of the Brussels Capital Region and President of the European Transregional Network on Social Inclusion, and Arrigo Zanella, Secretary General of the Network, had had to postpone their visit to Hampshire.
The Leader also reported postponement by the Boundary Committee of the publication of their recommendations concerning the County Council's electoral divisions. Publication had been put back to January 2004. The Leader added that Members who had led on the preparation of options might hear direct from the Boundary Committee as to the finer detail of their suggestions
With regard to the development of the new Select Committee, the Leader reported that he and Councillors Collett and Wheeler would be meeting later in September to consider the views expressed by the backbench Members Group which had met on 12 September. He also reported that, in line with his suggestions at the Members Seminar, he was minded to offer a debate of their choosing to the Opposition Parties at the November meeting of the County Council
In conclusion, the Leader took the opportunity to congratulate former County Councillor Tony Barron on his recent appointment as Chairman of the Hampshire Ambulance Trust.
207 QUESTIONS UNDER STANDING ORDER 20 (b)
Councillor D. G. Allen, Executive Member for Education, answered a question from Councillor Mrs. P. Dickens concerning arson in schools.
Councillor D. G. Allen, Executive Member for Education, answered a question from Councillor Mrs. P. Dickens in relation to take up at Intech, Winchester.
Councillor D. G. Allen, Executive Member for Education, answered a question from Councillor M. J. Roberts about risk assessment in schools.
Councillor T. K. Thornber, CBE, Leader of the Council, answered a question from Councillor M. J. Roberts concerning staffing associated with the Leader's office.
Councillor Felicity Hindson, MBE, Executive Member for Social Care, answered a question from Councillor Mrs. P. G. E. Holden-Brown about "home from hospital" packages available in Hampshire.
208 SEEDA/SEERA JOINT EUROPE COMMITTEE
In July 2002 the Council had appointed Councillor P. R. C. Hutcheson as the Hampshire, Isle of Wight and West Sussex representative for the Joint Europe Committee's first term, the appointments to rotate between the three authorities. Whilst that period had now expired, it was proposed that Councillor Hutcheson be authorised to attend future meetings of the Committee formally as an observer for the County Council in order to keep in touch and maintain continuity.
ORDERED:
That, until the Annual Meeting of the Council in May 2005,
Councillor P. R. C. Hutcheson be authorised to attend meetings of the SEEDA/SEERA Joint Europe Committee as an observer on behalf of the County Council.
209 CABINET/LEADER - PART I
Part I of the report of the Cabinet/Leader was presented by
Councillor T. K. Thornber, CBE, Leader of the Council.
210 FINAL ACCOUNTS 2002/03
The Council considered and approved the report and the detailed draft accounts set out in the Minute Book marked Item 8. In line with legal requirements, the accounts were signed by the Chairman.
ORDERED:
That the draft 2002/03 Statement of Accounts as set out in the report marked Item 8 in the Minute Book be approved.
211 STANDARDS COMMITTEE - PART I
Part I of the report of the Standards Committee was presented by
Councillor P. A. Pierce, Chairman of the Committee up to 31 August 2003.
212 AMENDMENTS TO THE CONSTITUTION
The Council considered and approved the report of the Standards Committee.
ORDERED:
That an amendment be made to the Constitution at Part I, Chapter 9: paragraph 9.2 by adding at the end of the second paragraph the following:
"However, so as to ensure that all political parties are represented on the Standards Committee if the Member and Deputy Member representing either of the minority parties are unable to attend any meeting of the Standards Committee, the appropriate Leader of the minority party may nominate an alternative Member to attend in their place by notifying the Chief Executive of the reasons for non-attendance of the originally appointed Member and Deputy Member".
213 MEMBERS' ALLOWANCES SCHEME
The Council considered the report of the Standards Committee. An amendment to recommendations (i), (ii), (xii) and (xiii) was proposed by Councillor T. K. Thornber, CBE, Leader of the Council, and seconded by Councillor M. J. Woodhall
to the effect that allowances would be increased in line with the national pay award for local government staff rather than the Hampshire Management Grade pay increases as recommended by the Independent Remuneration Panel, was agreed. Under Regulations, annual increases associated with such an index were limited to no more than 4 years, subject to review at any time as necessary. The Council also considered recommendation (xx) and agreed that an allowance of £200 should be payable to each of the three independent Members of the Independent Remuneration Panel based on a maximum of 2 meetings a year. In relation to subsistence payments, it was clarified that reasonable overnight stay costs would continue to be met. Day subsistence would not normally be payable.
ORDERED:
(i) Basic Allowance
That the basic allowance of £10,670 per annum, as recently agreed by the County Council, continue; and that the Scheme of Allowances provide that this be increased annually for the next four years, subject to review as necessary, in line with the national pay award for local government staff, starting from 1 April, 2004.
(ii) Special Responsibility Allowances
That the special responsibility allowances (as shown in the appendix to these Minutes) recently agreed by the County Council and amplified pursuant to (iii) and (v) below, continue and that these be increased annually for the next four years, subject to review as necessary, in line with the national pay award for local government staff starting from 1 April 2004.
(iii) Regulatory Committee Chairman and Vice-Chairman
That, to reflect the responsibilities of the Chairman and Vice-Chairman of the Regulatory Committee when compared with the Chairmen and Vice-Chairmen of Policy Review Committees, the special responsibility allowances be increased to £7,500 and £1,875 respectively for the Chairman and Vice-Chairman of the Regulatory Committee.
(iv) Health Review Committee - Political Spokesmen
That the same allowances be paid for the political spokesmen on the Health Review Committee as are paid to the political spokesmen on the Policy Review Committees (£5,150 for Liberal Democrats, £2,580 for Labour), such allowances to be backdated to 1 May 2003.
(v) E-Champion
That a special responsibility allowance of £2,580 per annum be paid to the E-Champion, to reflect the growing workload of that role, such allowance to be paid with effect from 1 October 2003.
(vi) Full Review
That a full review of all allowances, including special responsibility allowances, be carried out by the Independent Remuneration Panel in 2005.
(vii) Suspension of allowances
That when a Member of the Council is suspended from all duties, all allowances, including travel, dependants' carers' and childcare allowances, be withheld for the period of suspension; that where a Member was partially suspended, any special responsibility allowance relating to any duties from which the Member was wholly suspended should be withheld for that period; and that for other cases of partial suspension, it be expected that such Members would agree to a voluntary suspension of their allowances as appropriate.
(viii) Dependants' Carers' Allowances
That childcare and dependants' carers' allowances be paid at the rate paid by Hampshire Social Services and that the maximum payable per annum per Member be £1,000.
(ix) Travelling and subsistence allowance
That all travel allowances, including those for Co-opted Members, Independent Members and Independent Appeal Panel Members, be at the same rate as the staff travel allowances and that no day subsistence allowances should be paid in future.
(x) Co-opted Members and Independent Members on Standards Committee
That an allowance of £600 per annum be paid.
(xi) Co-opted Members of Education Policy Review Committee
That an allowance of £600 per annum be paid.
(xii) Independent Appeal Panel Members
That loss of earnings rates be increased pro-rata in accordance with the cost of living index for the past 3 years and then increased annually in line with the national pay award for local government staff in the case of loss of earnings incurred by Independent Appeal Panel Members.
(xiii) Annual Adjustment
That the scheme of allowances provide for annual adjustments to allowances for the next four years starting from 1 April 2004 by reference to the settlement for the national pay award for local government staff and subject to review as necessary.
(xiv) Retrospection
That only the special responsibility allowance for political spokesmen on the Health Review Committee be backdated to 1 May 2003.
(xv) Recovery of allowances paid
That the Scheme of Allowances make provision that any allowance that has been paid to a Member whilst on suspension or any allowance after a Member had ceased to be a Member of the Authority be recovered.
(xvi) Duplication
That the Scheme of Allowances make provision that, where a Member is a Member of two or more authorities, they shall not receive more than one allowance for the same duties.
(xvii) Pensions
That both basic and special responsibility allowances be pensionable for all Members under the age of 70.
(xviii) Elections to forego allowances
That the Scheme of Allowances make provision that all Members are enabled, by notice to the Chief Executive, to forego entitlement of all or part of any allowances paid to them.
(xix) Claims and Payments
That the Scheme of Allowances make provision that travelling, dependants' carers' and childcare allowances for all Members, Co-opted Members, Independent Members and Independent Appeal Panel Members must be claimed within six months of the date of the meeting concerned.
(xx) Independent Remuneration Panel Members
That an allowance of £200 per annum be paid to the three independent members of the Remuneration Panel.
214 ANNUAL REPORTS OF POLICY REVIEW COMMITTEES
The Annual Reports of the Policy Review Committees were presented, received and adopted.
215 NOTICE OF MOTION - GM CROPS
Councillor M. J. Roberts, seconded by Councillor P. Luffman, proposed the following motion, notice of which had been given in accordance with Standing Order 17:
"Hampshire County Council pledges that it will use new European Legislation (Article of EU deliberate Release Directive 2001/18) so that the Council can request the Secretary of State for Agriculture and the European Commission to provide legal protection to prevent particular GM crops from being grown in their area to protect the environment".
ORDERED:
That the motion be referred to the Leader of the Council as Executive Member for Policy and Resources and to the Policy and Resources Policy Review Committee for consideration in accordance with Standing Order 17.4,
and report back to the Council.
216 NOTICE OF MOTION - KEEPING HAMPSHIRE GM FREE
Councillor K. House, seconded by Councillor A. P. Collett, proposed the following motion, notice of which had been given in accordance with Standing Order 17:
"This Council recognises:
· that genetic modification of crop plans is a relatively new branch of science and technology;
· that there is still scientific debate about the safety of GM crops; and
· that the commercial growing of GM crops presents legal, economic, social and ethical problems that have not yet been properly addressed.
This Council, therefore, reaffirms its precautionary approach:
· which prevents the use of any detectable amounts of GM ingredients in County Council meals; and
· which includes a clause in all new farm tenancy agreements stipulating that GMOs are not used on County Farms.
This Council declares that, so far as possible, the County Council will work to ensure that Hampshire is kept free of GM crops and feed, that no GM crops are grown on land over which it has control, and asserts a GM-free policy for all goods and services for which the Council is responsible.
This Council also commits to considering each prospective GMO Marketing Consent and, where appropriate, writing to both the Secretary of State for Environment, Food and Rural Affairs and to the European Commission, requesting that a condition under Article 19 (3) (c) be added to such Marketing Consent so as to exempt Hampshire from the scope of such consent."
The Leader proposed that the matter be referred along with the previous item to the Policy and Resources Policy Review Committee and to him with the benefit of advice from the Local Government Association, Government itself, the European Union, and Professor Malcolm Grant, the Chairman of the Agriculture and Environment Biotechnology Commission. The proposer and seconder of the motion, however, proposed that the Council consider the matter at this meeting and accordingly a vote was taken on that issue. That vote was lost. Referral of the motion to the Leader and the Policy and Resources Policy Review Committee was subsequently considered and agreed.
ORDERED:
That the motion be referred to the Leader of the Council as Executive Member for Policy and Resources and to the Policy and Resources Policy Review Committee for consideration in accordance with Standing Order 17.4,
and report back to the Council.
217 HAMPSHIRE POLICE AUTHORITY
There was no report from the Hampshire Police Authority and no questions had been submitted pursuant to Standing Order 20 (d) concerning the discharge of its functions.
218 HAMPSHIRE FIRE AND RESCUE AUTHORITY
There was no report from the Hampshire Fire and Rescue Authority nor had any questions had been submitted pursuant to Standing Order 20 (e) concerning the discharge of its functions.
219. 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:
Cabinet/Leader
Health Review Committee
Standards Committee
Executive Member For Education
Executive Member For Environment
Executive Member For Recreation and Heritage
Executive Member For Social Care
With regard to paragraph 65, Grants to Voluntary Organisations, Councillors Mrs. E. S. M. Barron, Mrs. P. Dickens, R. J. Kimber, and Mrs. P. A. West declared a personal interest.
220 CABINET PORTFOLIO - SPATIAL STRATEGY
The Council received the report of the Chief Executive in accordance with Part 1: Chapter 14 of the Constitution outlining amendments to the Constitution consequent upon the Leader of the Council's notification to the Chief Executive of the portfolio of the Executive Member for Spatial Strategy.
221 QUESTIONS TO THE CABINET
Whilst the Standards Committee had suggested that the County Council should continue to pilot this procedure, there were, on this occasion, no questions.
The meeting closed at 12.55 p.m.
HAMPSHIRE COUNTY COUNCIL
MEMBERS ALLOWANCES SCHEME 2003/04
£
per annum
(i) Basic Allowance for Members of the County Council 10,670
Basic Allowance for Co-opted Members of the Education
Policy Review Committee 600
Basic Allowance for Independent Members of the
Standards Committee 600
Basic Allowance for Independent Remuneration Panel
Members 200
(ii) Special Responsibility Allowances
Only one special responsibility allowance is payable to any member under the scheme. The allowances in brackets will not be paid whilst the current
postholder receives a higher special responsibility allowance in respect of
another post or if the postholder, in the case of the Hampshire Fire and Rescue Authority, is not a County Councillor.
£
per annum
The Executive:
Leader 25,750
Deputy Leader 15,450
Education member 15,450
Environment member 15,450
Recreation and Heritage member 15,450
Social Care member 15,450
Economic Development member (15,450)
Spatial Strategy member 15,450
Community Development and Regeneration member 15,450
Personnel and Training member 15,450
Chief Whip 15,450
Non-portfolio member (currently none) (10,300)
Leaders of Political Groups:
Leader of Liberal Democrat Group 10,820
Leader of Labour Group 7,420
Chairmen of Policy Review Committees:
Policy and Resources 10,300
Education 10,300
Environment 10,300
Recreation and Heritage 10,300
Social Care 10,300
Health Review 10,300
Vice-Chairmen of Policy Review Committees:
Policy and Resources 2,580
Education (2,580)
Environment 2,580
Recreation and Heritage 2,580
Social Care 2,580
Health Review 2,580
Minority Parties' Spokesmen:
Liberal Democrats:
Policy and Resources (5,150)
Education 5,150
Environment 5,150
Recreation and Heritage 5,150
Social Care 5,150
Health Review 5,150
Labour:
Policy and Resources (2,580)
Education 2,580
Environment 2,580
Recreation and Heritage 2,580
Social Care 2,580
Health Review 2,580
Regulatory Committee:
Chairman 7,500
Vice-Chairman (1,875)
Standards Committee:
Chairman 5,150
Vice-Chairman 1,290
E-Champion 2,580
Hampshire Fire and Rescue Authority:
(These allowances are only payable if the office holder
is a County Councillor)
Chairman 10,300
Minority Parties' Spokesmen:
Liberal Democrat Group 5,150
Labour Group 2,580
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