COUNCIL PROCEEDINGS, 28 SEPTEMBER 2006

HAMPSHIRE

At a Meeting of Hampshire County Council held at The Castle, Winchester on Thursday 28 September 2006.

Chairman:

p Councillor Mrs. P. A. West

Vice Chairman:

p Mrs. P. M. Devereux

Councillors:

138 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Baulk, Carew, Clarke, Davies-Dear, A. D. G. Evans, Gale, Kelly, Kemp-Gee, Ludlow, Payne, Mrs. Peskett and Price.

The Council passed their best wishes to Councillor Price for a speedy recovery.

139 DECLARATIONS OF INTEREST

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.

140 MINUTES

The minutes of the meeting of the County Council held on 13 July 2006 were confirmed as a correct record subject to the substitution of "September" for "October" in Minute 131(b).

141 DEPUTATIONS

With the leave of the Council a deputation received "out of time" due to the unavailability of a Hantsweb link was received from Mr. Thomson and Mr. Culpuss of Rushmoor who addressed the Council about their concerns for the provision of adult care for the elderly and sick in Rushmoor and respite care for people with disabilities. They presented a petition to the Leader of the Council.

142 CHAIRMAN'S REPORT

The Chairman drew to the Council's attention a range of events and activities at which she had represented the County Council since the previous meeting. These included:

· Attending at Clarence House to meet H.R.H. The Prince of Wales following the County Council's recognition by SABRE for its support for the Reserve Forces;

· The Special Forces Club Diamond Jubilee Celebration at Beaulieu attended by the Princess Royal;

· The opening by The Duchess of Gloucester of Seebility at 30 Lodge, Tadley;

· The New Forest Show and the very busy County Council stand;

· The Game Fair at Romsey and the Romsey Show;

· Fareham Civic Day and Civic Service;

· Cowes Week and the Southampton Boat Show;

· Proms in the Park with the Bournemouth Symphony Orchestra at the County Council's Royal Victoria Country Park;

· A humbling visit to Naomi House, Winchester;

· Welcoming cadets from Lithuania visiting the Great Hall and Serle's House;

· The Honorary Graduates' and Graduands' Dinner at Southampton University;

· An informative visit to the Danebury Trust at their site in Abbotts Ann;

· Visits to a number of the military establishments in Hampshire;

· The opening of the Marfield Residential and Nursing Home at Alton;

· Visiting and/or attending Citizens Advice Bureaux' AGMs throughout Hampshire;

· The dedication of a World War II Memorial at Lashham Airfield;

· The Hampshire Business Awards and Gala Dinner at Milestones, Basingstoke;

· A film presentation about Florence Nightingale at St. Margaret's Church in East Wellow, her burial place.

In conclusion, the Chairman reported that her charity Burn's Night would be on

19 January 2007 at Milestones, Basingstoke and that the proceeds would go to the Duke of Edinburgh's Award Scheme and The Prince's Trust.

143 LEADER'S REPORT

The Leader reported to the Council the recent changes he had made to his Cabinet and placed on record his appreciation of the sterling work undertaken by Councillor Knight as a member of the Executive. Councillor Kendal had been appointed Executive Member for Environment and Councillor Glen Executive Member for Human Resources but continuing with a South East Plan support role until the public inquiry.

The Leader was delighted to inform the Council that the Secretary of State for Culture, Media and Sport had appointed Yinnon Ezra, Director of Recreation and Heritage to the National Board of Museums, Libraries and Archives Council. This organisation was the lead strategy agency for museums, libraries and archives. As well as being a great personal achievement for Yinnon, the appointment raised the County Council's profile at national level. In the same vein, John Coughlan, Director of Children's Services, had been appointed a member of the "Lifting Burdens Task Force" created by the Government and it was also pleasing to report that John would become president of the Association of Directors of Social Services from October 2006, evidence once again of the quality of Hampshire being recognised at national level.

The Leader reported the retirement on 29 September of Merrick Denton-Thompson from his post as Assistant Director of Environment. Merrick had made a significant contribution to the development and improvement of the County Council's Environmental and Countryside Services. He had lately been appointed by the Secretary of State as a member of the Board of Natural England which combined the work of English Nature and the Countryside Agency. In addition, the Local Government Association had asked Merrick to continue as its rural advisor. Merrick had also been a founding trustee of the Learning Through Landscapes Trust, a trustee of a Place2Be and a trustee of Marwell Zoo. Merrick had been awarded an O.B.E. for services to education in the New Year's Honours 2002. All members joined the Leader in thanking Merrick for his service to the County Council and offered him every good wish for the future.

In conclusion, the Leader was pleased to report that the County Council had won Digital Unite's competition run in conjunction with Age Concern, to become the Silver Surfer Council of the Year 2006. The joint working between Recreation and Heritage, Adult Services and the Library Service had been a very imaginative approach which had provided an excellent illustration of how lifelong learning was embedded into the services of the County Council. On behalf of the Council the Leader congratulated all the staff who had made the County Council's contribution such a great success.

144 QUESTIONS UNDER STANDING ORDER 20(b)(i)

The Executive Member for Environment answered a question from Councillor Broadhurst concerning the disposal of low energy lamps;

The Leader of the Council answered a question from Councillor House about the recent Cabinet membership changes;

The Leader of the Council answered a question from Councillor Reid about the use of litigation to seek compensation from the Department of Health for the pressures placed upon the County Council by the NHS;

The Leader of the Council answered a question from Councillor Dowden about Adult Services funding in relation to the budget for 2007/8.

145 APPOINTMENTS

The following proposals were put to the County Council to fill vacancies and agreed. The Leader took the opportunity to report to the Council suggestions in Government guidance as to the roles for the Executive Member with Adult Services responsibilities and the Director which had a particular emphasis on corporate working. The Cabinet had given initial consideration to the guidance at its meeting on 25 September 2006.

RESOLVED:

That the following appointments be made:

· River Hamble Harbour Board Chairman - Councillor J. V. Bryant (it was noted that Councillor K. Evans would subsequently fill the vacancy in ordinary membership of the Board following Councillor Bryant's appointment as Chairman);

· Policy and Resources Policy Review Committee Chairman - Councillor M. F. Cartwright;

· Manydown Joint Management Committee - Councillor M. J. Kendal for Councillor T. G. Knight;

· South Downs Joint Management Committee - Councillor Felicity Hindson for Councillor T. G. Knight;

· Southampton Airport Consultative Committee - Councillor M. J. Kendal for Councillor T. G. Knight;

· Southampton Port Consultative Committee - Councillor M. J. Kendal for

Councillor T. G. Knight.

146 REVISIONS TO THE COUNTY COUNCIL'S CONSTITUTION

The Council considered the report of the Monitoring Officer (Item 8 in the Minute Book) recommending revisions to the County Council's constitution following the conclusion of the Democratic Review and the need to respond to other procedural or legal changes. A supplementary paper (marked Item 8a) was circulated at the meeting following consideration of the report by the Cabinet on 26 September and the Governance Committee on 27 September 2006. In agreeing the recommendations the Council was mindful of points made during debate concerning proportionality and the proposed working groups to undertake detailed reviews.

In terms of the rationalisation of member advisory panels which had followed from the Democratic Review, the Executive Member with Special Responsibility for Education reported that, whilst he acknowledged the positive role expected of Hampshire Action Teams in relation to their own local areas, he was aware of concerns about monitoring school performance on a county wide basis. A report on the matter was requested for the next County Council meeting.

RESOLVED:

a) That the following be approved:

· Part I:Chapter 6 (Policy Review Committees) and the Policy Review Committee Rules of Procedure (Part 3D of the Constitution) as set out in Appendices 1 and 2 as revised;

· Access to Information Protocol (Part 3B of the Constitution) set out as Appendix 3 as revised;

· Part 1 Chapter 11 (Area Committees and Panels) set out as Appendix 4 as revised;

b) That Part 1:Chapter 4 (f) of the Constitution be deleted and replaced by "agreeing and/or amending Terms of Reference for committees, determine proportionality on those committees which are subject to proportionality rules, and, where proportionality rules do not apply, making appointments to them."

c) That Part 3A of the Constitution (Standing Order 37(a))be amended by the deletion of "paragraphs 1-6, 9, 11, 12 and 14 of Part 1 of Schedule 12A" and the insertion of the words "paragraphs 1-7 of Part 1 of Schedule 12A".

147 HAMPSHIRE MINERALS AND WASTE DEVELOPMENT FRAMEWORK STATEMENT OF COMMUNITY INVOLVEMENT

The Council considered and approved the report of the Executive Member for Environment (Item 9 in the Minute Book) setting out the steps that the County Council will take to facilitate involvement, including meeting current statutory consultation requirements.

RESOLVED:

That the Statement of Community Involvement, part of the Hampshire Minerals and Waste Development Framework, be adopted as amended by the Inspector's Report in accordance with Regulation 36C of the Town and Country (Local Development)(England) Regulations 2004 as a basis for the plan-making and development control process.

148 RAGWORT - NOTICE OF MOTION

The Council considered the following Notice of Motion submitted in accordance with Standing Order 17 by Councillor Boulton and seconded by Councillor Dash:

"That this Council take a proactive rather than reactive approach to the control of Ragwort on grass verges, this proactive approach to involve liaison with all parish councils to identify areas in need of control and involving the Probation Service to provide community service volunteers to clear the weed."

There was a majority view that the County Council already took a proactive approach to the control of ragwort and accordingly an amendment to add the words "will continue to" after "council" in line 1 and delete the words in line 1 "rather than reactive" was supported.

RESOLVED:

That this Council will continue to take a proactive approach to the control of ragwort on grass verges, this proactive approach to involve liaison with all parish councils to identify areas in need of control and involving the Probation Service to provide community service volunteers to clear the weeds.

149 GENETICALLY MODIFIED CROPS - NOTICE OF MOTION

The Council considered the following Notice of Motion submitted in accordance with Standing Order 17 by Councillor Collett and seconded by Councillor Cooper:

"This council notes the Defra Consultation on proposals for managing the coexistence of GM, conventional and organic crops, which was launched on 20 July 2006, and that the deadline for responses to the consultation is 20 October 2006.

This Council notes with concern that the proposals:

(a) Assume that a certain level of GM contamination of conventional crops is acceptable;

(b) Offer no guarantee of protection for organic producers;

(c) Fail to propose strict liability legislation for biotechnology companies for any damage their products cause;

(d) Ignore the impacts of GM crops on the environment;

(e) Suggest that a public register of sites where GM crops are grown will not be put in place;

(f) Favour voluntary measures contained in an industry code of practice for the majority of `coexistence' measures;

(g) Set separation distances for oilseed rape and maize that will result in routine GM contamination of conventional crops;

(h) Do not include allotment holders and gardeners - ie they will not be notified when a farmer intends to grow a GM crop;

(i) Ignores beekeepers, putting honey at risk of GM contamination ;

(j) Reluctantly suggest that voluntary GM free zones are unlikely to work in practice.

This Council is concerned that the Defra proposals conflict with council policies and initiatives supporting the local food economy, biodiversity conservation and taking a precautionary approach to GM crops and food.

In view of the Policy on Genetically Modified Foods unanimously agreed by the County Council on 25 February 2004, this Council agrees:

1. To reaffirm its resolution of 25 February 2004;

2. To respond to the Secretary of State for Environment, Food and Rural Affairs by the consultation deadline of 20 October outlining the council's concerns;

3. To inform Hampshire MPs of the council's concerns;

4. To inform the public in Hampshire of the opportunity to respond to the consultation."

Following debate there was a consensus of support for the motion with an additional action that, subject to the final outcome of Defra's consultation exercise, should Defra be prepared to change key elements of its proposals then the County Council will review its own precautionary policy and how it can be developed and implemented in Hampshire within the context of the final proposals. The Council was mindful of its existing precautionary policy towards GM Crops.

RESOLVED:

This council notes the Defra Consultation on proposals for managing the coexistence of GM, conventional and organic crops, which was launched on 20 July 2006, and that the deadline for responses to the consultation is 20 October 2006.

This Council notes with concern that the proposals:

(a) Assume that a certain level of GM contamination of conventional crops is acceptable;

(b) Offer no guarantee of protection for organic producers;

(c) Fail to propose strict liability legislation for biotechnology companies for any damage their products cause;

(d) Ignore the impacts of GM crops on the environment;

(e) Suggest that a public register of sites where GM crops are grown will not be put in place;

(f) Favour voluntary measures contained in an industry code of practice for the majority of `coexistence' measures;

(g) Set separation distances for oilseed rape and maize that will result in routine GM contamination of conventional crops;

(h) Do not include allotment holders and gardeners - ie they will not be notified when a farmer intends to grow a GM crop;

(i) Ignores beekeepers, putting honey at risk of GM contamination;

(j) Reluctantly suggest that voluntary GM free zones are unlikely to work in practice.

This Council is concerned that the Defra proposals conflict with council policies and initiatives supporting the local food economy, biodiversity conservation and taking a precautionary approach to GM crops and food.

In view of the Policy on Genetically Modified Foods unanimously agreed by the County Council on 25 February 2004, this Council agrees:

1. To reaffirm its resolution of 25 February 2004;

2. To respond to the Secretary of State for Environment, Food and Rural Affairs by the consultation deadline of 20 October outlining the council's concerns;

3. To inform Hampshire MPs of the council's concerns;

4. To inform the public in Hampshire of the opportunity to respond to the consultation;

5. Subject to the final outcome of Defra's consultation exercise, should Defra not be prepared to change key elements of its proposals then the County Council will review its own precautionary policy and how it can be developed and implemented in Hampshire within the context of Defra's final proposals.

150 HAMPSHIRE POLICE AUTHORITY

On this occasion there was no report of the Authority and no questions had been received pursuant to Standing Order 20(d).

151 HAMPSHIRE FIRE AND RESCUE AUTHORITY

On this occasion there was no report of the Authority and no questions had been received pursuant to Standing Order 20(e).

152 REPORTS FOR INFORMATION

The Council received the reports of the following:

a) Cabinet/Leader;

b) Executive Member for Adult Social Care;

c) Executive Member for Recreation and Heritage

d) Health Overview and Scrutiny Committee;

e) Executive Lead Member for Children's Services and Executive Member with Special Responsibility for Education

e) Executive Member for Environment

153 REPORTS OF POLICY REVIEW COMMITTEES

The Council received the annual reports of its Policy Review Committees:

a) Policy and Resources Scrutiny and Select Committee

b) Adult Social Care

c) Children's Services

d) Environment

e) Recreation and Heritage