At a Meeting of Hampshire County Council held at The Castle, Winchester on Thursday, 22 July, 2004 at 10.00 a.m.

Chairman :


p Councillor J. V. Bryant

Vice-Chairman:

p Councillor J. K. West

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.R. Brown

p Mrs. E.M. Byrom

p M.F. Cartwright

p K.G. Chapman

p P.J. Chegwyn

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 L.T. Dunsdon

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

S.A. Hayes

p P.A. Heath

p Mrs. K. Heron

p Felicity Hindson, M.B.E.

p Mrs. P.G.E. Holden-Brown

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

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

Sir James Scott

p K.P.J. Searle

p J.D. Shaw

p M.L. Sheehan

p Mrs. M. D. Snaith

p Mrs. V. Steel

p J.W. Stocks

p T.K. Thornber, C.B.E.

p J. Waddington

p Dr. J.G.L. Wall

p Mrs P.A. West

p W.H. Wheeler

p M.J. Woodhall

p Jenny Wride

p D.F. Wright

308 MINUTES.

The Minutes of the meeting of the County Council held on 20 May 2004 were confirmed and signed by the Chairman.


309 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.


310 DEPUTATIONS.

There were no deputations on this occasion.




311 CHAIRMAN'S COMMUNICATIONS.

The Chairman reported with sadness the passing of former County Councillor Keith Rogerson, who had represented the Meon Valley County Electoral Division between 1983 and 1993; and also Nympha Ashbolt, lately the Chief Officer for Special Constables.

He welcomed the Reverend Gwyther to his first meeting as Chairman's Chaplain and warmly congratulated Andrew Seber, County Education Officer, on being made a Commander of the British Empire in the recent Queen's Honours List and Leighton Rich, former Director of the Hampshire County Youth Band, on his becoming a Member of the British Empire. The Chairman was also pleased to report the appointment of Richard Scales, Principal Trading Standards Officer, to the National Advisory Committee on Animal Feedingstuffs. The Chairman also reported that the County Youth Band had been highly commended at the National Festival of Music for Youth 2004 and that the Band was looking forward to having the honour of opening the Schools' Prom at the Royal Albert Hall on 8 November 2004.


312 LEADER'S REPORT.

The Leader extended the Council's best wishes to Jackie Stow, Secretary to the Head of Democratic Services, who was attending her last meeting of the Council before moving away from Hampshire. He placed on record the Council's appreciation of the support she had given to Members and to the Council as a whole during the last 6 years.

It was with regret that the Leader reported the announcement of the Secretary of State for Transport that all the current light rail projects for South Hampshire, Manchester and Leeds had not been approved. The Leader reported his intention to pursue the South Hampshire Rapid Transit Scheme (SHRT) and other related major projects in order to ensure that the County Council created sustainable communities for the future. The SHRT scheme was a good investment and the Leader believed that the Government's aspirations in relation to the use of public transport could not be delivered without it. He was disappointed but not deterred.

In line with the requirements of the Access to Information Regulations, the Leader informed the Council that, in the last quarter, one urgent "key" decision had been made, namely the Executive Member for Education's decision to authorise the publication of notices in conjunction with the Governing Body of Blackfield Junior School in accordance with Sections 28 and 29 of the School Standards and Framework Act 1998.

The Leader updated the Council in relation to the Local Government Association's position concerning Terrestrial Trunked Radio (TETRA) masts following the Council's decision at its previous meeting to make representations to the LGA about TETRA masts and associated planning and health issues. The Leader was pleased to report that the LGA was fully supportive of the County Council and that it continued to lobby actively on the issues.

A key focus for the LGA had been, and was still, to ensure that the planning process could deal effectively with the local community perceptions of the health impacts of mobile phone masts.

Of particular concern was that the LGA had given support to a Private Members Bill that would give local authorities better control over telecommunications masts developments. The LGA's statement of support for the Private Members Bill and a copy of the submission to the inquiry could be obtained from the Head of Democratic Services. Whilst the Bill had received a second reading debate in the House of Commons insufficient members had been present for it to proceed beyond. Sadly in his response to the Bill, the Minister had offered no support for the central proposals.
Even if government considered that there were no health risks associated with the development of TETRA masts, the LGA believed it was unlikely to say so categorically because government legal opinion was that the Human Rights Act made this impossible. The government presumably hoped that case law would develop and create the precedents that would settle the issue. The LGA would continue to lobby on all these matters.

The Leader had heard from DEFRA in response to the County Council's concerns about GM crops. The County Council had asked that the Government keep the UK GM free until it had scientific evidence that there were no significant risks to human health or the environment. DEFRA's response was that each GM crop was considered on a case by case basis because each may differ in its potential impact and that the Government would only agree to a GM crop release if it was satisfied that it was safe. They emphasised that the Government too took a precautionary approach. No GM crop would be grown commercially in the UK before 2006 at the earliest. DEFRA had said that the Government's role was to regulate this technology in order to ensure that it was safe and to provide for choice. Ultimately, it would be for farmers and consumers to decide through the normal operation of the market whether they wanted to buy GM seeds and finished products. If a GM crop were approved, DEFRA said that it would be for individual farmers within Hampshire to decide whether they wished to grow the crop.

The County Council had also asked what research had been carried out to establish how the consumption of a particular GM feed may affect the health of cattle and subsequently the health of UK consumers. DEFRA said that the Independent Food Standards Agency were satisfied that the current safety assessment procedures were sufficiently robust and rigorous to ensure that approved GM foods were as safe as their non-GM counterparts and posed no additional risk to the consumer. Each GM food was assessed for safety, including its toxicological, nutritional and allergenic potential, and as far as the particular maize was concerned, EU member states had concluded in 1996 that it was safe for use in animal feed. The Advisory Committee on Animal Feedingstuffs, who advised the Food Standards Agency, had subsequently reviewed this in 2003 and was content that the maize posed no more risk as animal feed than non-GM maize varieties.

The Leader was very pleased to report that the County Council has been awarded the POLIS European Road Safety prize. The County Council was one of only five local authorities across Europe to receive the first European Road Safety Award for excellence in road safety services - notably its approaches to partnership working with other key public bodies and employers. Noted areas of the County Council's work had included such programmes as the Occupational Road Risk Driver Training Services, Older Road User assessments, the safety and road user auditing services and the Council's local, regional and national contributions to partnership working in casualty reduction. The award had been made at a ceremony in London in tandem with the County Council, represented by Councillor T. G. Knight, as assistant to the Executive Member for Environment, signing the first European Road Safety Charter for the County Council. This Charter committed the European community to halving the road fatality toll on Europe's roads by the end of the decade.

On 19 July the Leader had convened a seminar for members of the Executive, Policy Review Committee Chairmen and Vice-Chairmen and minority group representatives to take forward the Council's scrutiny function as agreed at the previous meeting of the Council. The event had been facilitated by Marianne Abley from the Audit Commission. Key officers had also been present and had contributed to discussions. The outcome was that, at its next meeting, the Policy and Resources Scrutiny and Select Committee would be asked to consider the first issues for investigation and to establish panels to take the work forward, ultimately reporting to the Council on their findings. Given the pressures which the work load of the reviews was likely to generate, there had been consensus among the members at the seminar that Councillor Jo Kelly, whilst not a member of the Committee, should be permitted to represent the Labour group on one of the review panels.

The Leader recalled that, at the meeting before last, he and Councillors Collett and Wheeler had been asked by the Council jointly to make representations to the Prime Minister for a special campaign medal for service on the convoys to Russia during the Second World War. The MOD had now responded. They believed that the award of the Atlantic Star already recognised this service. They said that they could find no evidence that post-war relations with the USSR had influenced that decision. The Ministry of Defence was aware that some veterans felt that that there should have been a separate Arctic Star for the work that they did, in very harsh and dangerous conditions. However, given the large number of significant military events during the Second World War, they had said that it would have been almost impossible to institute a range of medals relating to specific battles or countries without increasing the variety of campaign medals enormously. The MOD concluded by saying that they had no plans to introduce an additional medal for Second World War service. This was a matter dear to the County Council's heart and on being requested by the Leader, the Chairman allowed Councillors A. S. Collett and W. H. Wheeler to speak on the issue. It was agreed that the Leaders of the Political Groups should again jointly press the Prime Minister to act on this very important matter and acknowledge the contribution which these heroes had made to the maintenance of a free society.


313 QUESTIONS UNDER STANDING ORDER 20(b).

Councillor T.K. Thornber, CBE, Leader of the Council, answered a question from Councillor M.J. Roberts concerning the Blackwater Valley Bus Service 1 Priority Route.

Councillor J.K. Glen, Executive Member for Spatial Strategy, answered a question from Councillor M.J. Roberts in relation to the three sub-regional studies concerning parts of Hampshire and their impact on the Western Corridor strategy currently being developed.

Councillor M.J. Roberts withdrew his question to the Leader of the Council concerning the Community Education Budget but the Leader decided to give the information to the Council to make clear that the Learning and Skills Council for Hampshire and the Isle of Wight had reduced its support for County Council initiatives and that he and the other Minority Group Leaders had expressed their concerns about the lack of Learning and Skills Council funding for adult learning in Hampshire with a view to trying to improve the situation for 2005/06 onwards.

Councillor D.G. Allen, Executive Member for Education, answered a question from Councillor Mrs. P.G. Peskett concerning accommodation and the morale of staff working with vulnerable children.


314 APPOINTMENTS AND PROPORTIONALITY.

The Council considered the report of the Chief Executive (Item 7 in the Minute Book) and approved the revised proportionality table set out as Appendix 2 to the report and attached to these Minutes.

The Council also considered various issues concerning appointments detailed in the resolution below.

ORDERED:


(i) That the proportionality table set as Appendix 2 to the report of the Chief
Executive and appended to these minutes be approved;


(ii) That Mr. A. Blackshaw be appointed a Co-opted Member of the Education Policy
Review Committee representing the Church of England, with effect from

1 September 2004;


(iii) That Councillors D.A. Kirk, M.J. Woodhall, A.P. Collett and W.H. Wheeler, with
deputies, Councillors Felicity Hindson and J. Waddington for the Conservative
Group, Jo Kelly for the Labour Group and Councillor (tba) for the Liberal Democrat
Group be appointed to represent the County Council on the Assembly of European
Regions;


(iv) That Councillors D.A. Kirk, M.J. Woodhall, A.P. Collett and W.H. Wheeler, with
Councillor Jo Kelly as Labour Group deputy and Councillor (tba) as Liberal
Democrat Group deputy be appointed to represent the County Council on
Arc Manche/Chanel Arc;


(v) That Councillors D.A. Kirk, M.J. Woodhall, A.P. Collett and W.H. Wheeler, with
Councillor Jo Kelly as Labour Group deputy and Councillor (tba)
as Liberal Democrat Group deputy be appointed to represent the County Council on
the Atlantic Arc Commission.

315 REPORT OF THE 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.


316 FINAL ACCOUNTS 2003/04.

The Council considered and approved the report of the Cabinet/Leader.


ORDERED:

That the updated Prudential Indicators referred to in paragraph 8 of the
report be approved.


317 REVIEW OF THE CORPORATE STRATEGY.

The Council considered and approved the report of the Cabinet/Leader. The draft Corporate Strategy had been available for members inspection and a copy of the draft is in the Minute Book.

ORDERED:

That the revised Corporate Strategy marked Item 8 in the Minute Book be approved.


318 EXECUTIVE MEMBER FOR EDUCATION - PART I.

Councillor D.G. Allen, Executive Member for Education presented Part 1
of his report.


319 ADULT LEARNING THREE YEAR DEVELOPMENT PLAN : AUGUST
2003 - JULY 2006.

The Council considered and approved the report of the Executive Member
for Education but noted with concern the low level of funding and the late
notice given of the changes required.

Councillor A.P. Collett declared a non-prejudicial interest in the matter,
his wife being employed by a Learning and Skills Council outside Hampshire.

ORDERED:

That, subject to any further amendments put forward by the Executive Member for Education approval be given to the Adult Learning Three Year Development Plan: August 2003 - July 2006.


320 STANDARDS COMMITTEE - PART I.

Councillor C.R.H. Davidovitz, Chairman of the Standards Committee at the time of the meeting of the Standards Committee, presented Part 1 of the report of that Committee.


321 PROPOSED CHANGES TO THE CONSTITUTION.

The Council considered and approved the report of the Standards
Committee recommending a number of changes to the Constitution, the

establishment of a Governance Committee of five members (3:1:1) comprising
Councillors T.K. Thornber, CBE, C.R.H. Davidovitz, J.W. Stocks, A.P. Collett
(Deputy: B. D. Dash) and W.H. Wheeler (Deputy: tba). Approval
was also given to paragraph 4.2 of the Local Code of Conduct for Councillors
and Officers dealing with planning matters as set out in the report.

ORDERED:


(i) That the proposed changes to the Constitution as set out in the Appendix to the report of the Standards Committee be approved;


(ii) That a Governance Committee comprising five members (3:1:1) be established with terms of reference as set out in the Appendix to the report of the Standards Committee;


(iii) That the Head of Corporate and Legal Services and Monitoring Officer be authorised to make any minor changes to the Constitution of a "tidying up" nature;


(iv) That approval be given to paragraph 4.2 of the Local Code of Conduct for Councillors and Officers dealing with planning matters as set out in the report.


322 ENVIRONMENT POLICY REVIEW COMMITTEE - PART I.

Part 1 of the report of the Environment Policy Review Committee was presented
by Councillor P.R.C. Hutcheson, Chairman of the Policy Review Committee.


323 LITTER ON TRUNK ROADS.

The Council considered the report of the Environment Policy Review Committee
and approved its recommendation subject to the addition of the words, "to agreed
standards" after the words "litter collection" in line 2. The report was in response to a
notice of motion from Councillor Dr. J.G.L. Wall submitted to the Council in April
2004.

ORDERED:

That the County Council lobbies Government for a change in the legislation
regarding responsibility for litter collection to agreed standards on trunk roads so that
this becomes the responsibility of the Highways Agency with appropriate funding
thereof.
(With the leave of the Council the subject matter of Minutes 324, 325 and 326 was
considered at this point).


324 HAMPSHIRE POLICE AUTHORITY.

On this occasion there was no report of the Hampshire Police Authority nor had
any questions pursuant to Standing Order 20(d) concerning the discharge of the
Authority's functions been received.


325 HAMPSHIRE FIRE AND RESCUE AUTHORITY.

The report of the Hampshire Fire and Rescue Authority was presented by Councillor M.F. Cartwright, Chairman of the Fire Authority. No questions pursuant to Standing Order 20(e) concerning the discharge of the Authority's functions had been received.

326 EXECUTIVE MEMBER FOR ENVIRONMENT - PART II REPORT FOR INFORMATION.

In presenting Part II of his report Councillor K. B. Estlin, Executive Member for Environment, drew attention to Appendix 1 thereof concerning the capital programme 2004/05. The report contained inaccuracies and would be re-circulated to all Members.

327 NOTICE OF MOTION - REVIEW OF PRIMARY SCHOOL PROVISION IN NORTH WEST FARNBOROUGH.

Councillor R.J. Baulk, seconded by Councillor K.G. Chapman, proposed the following motion, notice of which had been given in accordance with Standing Order 17:

"The Council calls upon the Portfolio Holder for Education to reverse his previous decision and rebuild Pinewood Park School, Farnborough as a 90 place infant school".

Councillor Mrs. P.G. Banks, seconded by Councillor Mrs. C.A. Leversha, proposed an amendment as follows:

"The Council calls upon the Portfolio Holder for Education to review again his previous decision and rebuild Pinewood Park School, Farnborough as a 90 place infant school."

Councillor R.J. Baulk was minded to accept the amendment whereupon the Council agreed to consider the amended motion as the substantive motion. A wide ranging debate followed with views being expressed that the Executive Member for Education should review his decision whilst other Members were satisfied with the decision made by the Executive Member.

Following debate it was

ORDERED:

That the Council calls upon the Portfolio Holder for Education to review again his previous decision and rebuild Pinewood Park School, Farnborough as a 90 place infant school.


328 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

- Executive Member for Education

- Executive Member for Spatial Strategy

In the absence of the Executive Member for Spatial Strategy, the report was presented by Councillor T.K. Thornber, CBE, Leader of the Council.

- Executive Member for Recreation and Heritage

- Executive Member for Social Care

- Health Review Committee



The meeting closed at 4.55 p.m.

Appendix

Standards Committee - 22 July 2004 - Approved proportionality table

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