COUNCIL PROCEEDINGS, 24 MAY 2007

HAMPSHIRE

At a Meeting of Hampshire County Council held at The Castle, Winchester on

Thursday 24 May 2007.

Chairman:

p

Councillor Mrs. P. A. West

Vice Chairman:

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Mrs. P. M. Devereux

Councillors:

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F. G. Allgood J.P.

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Felicity Hindson, M.B.E.

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Mrs. C. A. Bailey

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G. M. Hockley

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Mrs. P. G. Banks

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Keith House

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R. J. Baulk

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R. Hughes

a

I. F. E. Beagley

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P. R. C. Hutcheson

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D. R. Blampied

S. C. James

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Carol Boulton

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Jo Kelly

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Alan Broadhurst

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M. N. Kemp-Gee

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J. V. Bryant

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M. J. Kendal

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Mrs. A. Buckley

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R. J. Kimber

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Mrs. E. M. Byrom

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D. A. Kirk

a

Adam Carew

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T. G. Knight

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M. F. Cartwright

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Mrs. C. A. Leversha

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K. G. Chapman

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A. R. Ludlow

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P. J. Chegwyn

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Peter Kent Mason

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N. R. G. Clarke

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J. J. W. Maxwell

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A. P. Collett

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R. C. McIntosh

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M. G. Cooper

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Mrs. A. M. McNair Scott

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B. D. Dash

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E. J. Neal

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Colin Davidovitz

a

Sam Payne

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G. W. Davies-Dear

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R. J. Perry

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Mrs. P. Dickens

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Mrs. P. G. Peskett

a

A. G. Dowden

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Mrs. J. A. Porter

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L. T. Dunsdon

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Roger H. Price J.P.

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P. R. Edgar

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S. H. Reid

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Anne Edwards

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A. W. Rice, TD

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Dr. R. J. Ellis

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Mrs. A. M. Roling

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A. D. G. Evans

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David Simpson

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K. D. Evans

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Mrs. M. D. Snaith

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Mrs. J. K. Frankum

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Mrs. E. F. Still

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E. F. Gale, M.B.E.

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

a

K. L. Gill

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Mrs. M. J. Tucker

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D. Gillett

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John K. West

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J. K. Glen

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A. Weeks

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B. T. Gurden

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Mrs. S. A. Wheale

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D. Harrison

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M. J. Woodhall

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P. A. Heath

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Seán D. T. Woodward

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Mrs. K. Heron

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D. F. Wright J.P.

184

ELECTION OF CHAIRMAN

The Chairman called for nominations. Councillor Thornber, seconded by

Councillor Woodhall, proposed that Councillor Mrs. P. M. Devereux be elected Chairman of the Council for the ensuing year. There being no other nominations it was

RESOLVED:

That Councillor Mrs. P. M. Devereux be and is hereby elected Chairman of the

County Council to hold office until the annual meeting of the Council in 2008.

Councillor Mrs Devereux thereupon made the declaration of acceptance of

office and took the Chair. She presented the outgoing Chairman, Councillor Mrs. P. A. West, with a replica badge of office in recognition of her service as Chairman and, at the invitation of the Chairman, Councillor Mrs. West took the opportunity to thank Members of the Council for their support and encouragement during her period of office.

COUNCILLOR MRS. P. M. DEVEREUX IN THE CHAIR

185

APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Beagley, Carew,

Dowden and Gill.

186

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.

187

MINUTES

The minutes of the meeting of the County Council held on 21 February 2007

were confirmed as a correct record and signed by the Chairman.

188

APPOINTMENT OF VICE-CHAIRMAN

The Chairman called for nominations and Councillor Thornber, seconded by

Councillor Woodhall, proposed that Councillor T. G. Knight be appointed Vice-Chairman of the County Council for the ensuing year. There being no other nominations it was

RESOLVED:

That Councillor T. G. Knight be and hereby is appointed Vice-Chairman of the County Council to hold office until the annual meeting of the Council in 2008.

Councillor Knight thereupon made the declaration of acceptance of office.

189

CHAIRMAN'S COMMUNICATIONS

Councillor Mrs. Devereux took the opportunity to thank the Council for

conferring the honour of Chairman of the County Council upon her and thanked the outgoing Chairman for her service during 2006/07. The Chairman reported that Canon Michael St-John Channell, Canon Precentor and Sacrist of Winchester Cathedral, would be her Chaplain during her period of office. She also reminded members of the Civic Service being held on 21 June 2007 to which all members were invited.

190

LEADER'S REPORT

The Leader welcomed Honorary Aldermen Keep and Mrs. Randall to the

meeting together with Debbie Wood, Policy Officer at the Local Government Association and Linda Grant, Personal Assistant to the Leader of Wiltshire County Council.

Reporting on awards and achievements, the Leader drew particular attention to

the recent ascent of Mount Everest by three Hampshire scouts. The Hampshire County Youth Band had won the County section of the National Youth Brass Band Championships in Manchester at the end of April and had now been invited to perform at the prestigious National Festival of Music for Youth at Birmingham in July. Clare Forbes, of IT Services, had recently won the Graham Williamson challenge, a travel award for talented and enthusiastic younger IT managers to gain experience of public sector IT abroad. The River Hamble had recently been awarded Leading Lights status in a new scheme administered jointly by the Department for Transport and the British Ports Association: congratulations were due to all the County Council staff, and the River Hamble team in particular, who had worked so hard to ensure that the County Council was only one of three ports in the country to achieve this status. In the context of International Women's Day on 8 March 2007 the Leader, with the outgoing Chairman, had hosted a reception to mark 100 years of Women in Local Government. The second Futures Group Schools Project competition held at INTECH, Winchester on 8 March 2007 had been won by Cove School with Baycroft School the first runner up and Henry Cort Community College the second runner up. The competition had won national acclaim earlier in 2007 when the Improvement and Development Agency (IDeA) had highlighted it as an example of good practice in how to engage with the community.

In accordance with Part 3B of the County Council's Constitution the Leader

reported an urgent decision made by the Executive (Lead) Member for Children's Services on 17 May 2007 when it had not been possible to give at least 5 clear days notice of a "key" decision concerning consultation on the future of a residential care service, part of the County Council's commissioning strategy for children in care. In line with constitutional requirements the matter would be reported to the next meeting of the Children and Young People Policy Review Committee. John Clarke, the Deputy Director of Children's Services, had given a keynote speech in the New Zealand Parliament on the County Council's groundbreaking schools' programme on Rights, Respect and Responsibility which was yielding such great improvement in reducing bullying and exclusions and improving general behaviour; the invitation to the County Council made by the Speaker of the New Zealand's Parliament reflected great credit on the County Council's Children Services and schools.

The Leader also reported to the Council changes he had made, with effect from

the Council meeting, to certain Cabinet portfolios. Councillor Felicity Hindson would become Executive Member for Adult Social Care; Councillor Kirk would be the lead member for Children's Services and be known as the Executive Lead Member for Children's Services (Education) and Councillor Mrs. Banks would become Executive Member for Children and Families. In conclusion, the Leader was pleased to report that Tim Light in the County Treasurer's Department had become the 27^th President of the Association of Accounting Technicians; and Paul Burrows, in the Adult Services Department, was a finalist for the Local Government Channel's Top Council Employee of the Year. The County Council congratulated both on their achievements.

191

QUESTIONS PURSUANT TO STANDING ORDER 20(b)(i)

Councillor Kendal, Executive Member for Environment, answered a question

from Councillor Jackie Porter about access to public transport.

Councillor Thornber, the Leader of the County Council, answered a question

from Councillor Jackie Porter about the use of developers' contributions.

Councillor Kirk, Executive Lead Member for Children's Services (Education),

answered a question from Councillor Jackie Porter about adult education. Councillor Porter declared a personal interest in the reply reporting that she was a Governor of the Winchester Adult Continuing Education Centre.

192

PROPORTIONALITY AND APPOINTMENTS

The County Council considered the report of the Chief Executive (Item 8 in the

minute book). The Leader of the Council proposed that the Council's Policy Review Committees should in future be known as Select Committees and this was agreed.

RESOLVED:

a)

That the Proportionality Table set out in Appendix 1 to these minutes be approved;

b)

That the County Council's Policy Review Committees in future be known as Select Committees;

c)

That the following Chairmen and Vice-Chairmen of Committees and advisory panels be appointed:

Committee

Chairman

Vice-Chairman

Policy and Resources Select Committee

Cllr. M.F. Cartwright

Cllr. Mrs. C.A. Leversha

Children and Young People Select Committee

Cllr. Mrs. C.A. Leversha

Cllr. Mrs. A. M. McNair Scott

Culture and Communities Select Committee

Cllr. K.G. Chapman

Cllr. A.W. Rice

Environment and Transportation Select Committee

Cllr. P.R.C. Hutcheson

Cllr. Mrs. S.A. Wheale

Safe and Healthy People Select Committee

Cllr. R.C. McIntosh

Cllr. E.F. Gale

Health Overview and Scrutiny Committee

Cllr. R. J. Ellis

Cllr. Mrs. A. M. McNair Scott

Regulatory Committee

Cllr. P.A. Heath

Cllr. I.F.E. Beagley

Governance Committee

Cllr. T.K. Thornber

Cllr. T.G. Knight

Standards Committee

Cllr. J.V. Bryant

Cllr A.W. Rice

Employment in Hampshire County Council Committee

Cllr. T. K. Thornber

Cllr. R.J. Ellis

Pension Fund Panel

Cllr. T. K. Thornber

Cllr. M.F. Cartwright

Buildings, Land and Procurement Panel

Cllr. M. J. Woodhall

-

River Hamble Harbour Board

Cllr. J.V. Bryant

-

River Hamble Harbour Management Committee

Cllr. R.J. Ellis

Cllr. S.D.T. Woodward

SACRE

Mr. S.W. Juniper

Cllr. D.A. Kirk

193

BLUE BADGES AND HIP DYSPLASIA

The County Council considered the report of the Chief Executive and Director of

Environment (Item 9 in the Minute Book) pursuant to Minute 180 of the meeting of the Council held on 21 February 2007. There was a wide-ranging discussion culminating in the Council's unanimous support for the phased approach set out in the report which, if successful, had the potential for extension throughout the County Council's area. During the course of the debate the Council made it clear that they wished to pursue on-street and off-street solutions with Basingstoke and Deane Borough Council and with other councils who were willing to participate in the approach being proposed. Co-operation between all those organisations with responsibilities in this respect was crucial and the potential interest of Portsmouth and Southampton City Councils was acknowledged.

RESOLVED:

a)

To respond to the government consultation that eligibility for children under 2 should be extended to children with hip dysplasia in plaster casts, on the grounds of the difficulty exiting cars in conventional off street parking spaces.

b)

Not to issue blue badges contrary to current legislation but await the outcome of the consultation on the revised regulations published on 27 March 2007, as set out in Option 1.

c)

To request Basingstoke and Deane Borough Council, not to enforce off street parking controls within the borough where their permit for hip dysplasia is displayed, pending the outcome of the Government review and

d)

That, in the event that the Department for Transport's proposals to amend the regulatory scheme do not permit the issuing of Blue Badges in relation to children under 2 with hip dysplasia, or that there is significant delay in the timetable for implementation, the County Council should pursue an extension of the approach set out in paragraph (c) above, to cover as much of Hampshire as possible and to include both on and off-street parking

194

CLARIFICATION OF DECISION PROCESSES AND UPDATING OF ASSOCIATED FINANCIAL LIMITS

The Council considered the report of the Cabinet/Leader aimed at improving democratic and business processes by reducing bureaucracy and streamlining formal executive decision procedures. Financial limits had also been reviewed to strengthen financial management and internal control. Whilst agreeing the recommendations, members reiterated the need to keep local members informed. In this respect and with particular reference to the making of grants by officers acting under delegated powers, the Governance Committee was asked to consider the matter. For clarification vis a vis the proposal to devolve £10,000 to each Member (see minute 196), this stood alone but it was agreed that it should be included in the new limits for grants set out in Appendix 2 to the Cabinet/Leader's report.

RESOLVED:

That with immediate effect, the financial limits set out in Appendix 2 to these

Minutes be approved and that the financial limit for a key decision be raised from £500,000 to £1m.

195

TRANSPORT FOR SOUTH HAMPSHIRE

The Council considered and approved the report of the Cabinet/Leader recommending the establishment of a statutory joint committee to be known as Transport for South Hampshire to build on the success of the Solent Transport Partnership and engage in the formulation and implementation of strategic transport policies, proposals and improvements to the transport systems and networks of South Hampshire in association with the Partnership for Urban South Hampshire (PUSH).

RESOLVED:

a)

That the County Council approves the establishment of a formal Joint Committee (Transport for South Hampshire) involving Hampshire County, Southampton City and Portsmouth City Councils, to replace the existing voluntary, informal Solent Transport Executive.

b)

That the Executive Member for Environment be appointed as the County Council's representative on the Transport for South Hampshire Joint Committee

c)

That approval of the detailed Memorandum of Agreement be delegated to the Leader and Executive Member for Environment, in consultation with the Director of Environment.

d)

That Part I: Chapter 11, paragraph 11.1 (statutory joint committees) of the Constitution be amended by the addition of the following:

Statutory Joint Committees

Reporting to

Transport for South Hampshire

Cabinet

196

DEVOLVED BUDGETS TO MEMBERS

The Council considered the report of the Chief Executive and County

Treasurer (Item 12 in the Minute Book) setting out the parameters for a scheme whereby each member of the County Council was allocated a budget of £10,000 to be spent on initiatives which would benefit their local community. The report indicated the framework within which the scheme was to operate and also the processes to be followed. In order to allow members the opportunity to ask questions on matters of detail the Leader proposed that a series of seminars be arranged at the earliest possible opportunity for all members of the Council with an expectation that every member would attend one of the seminars so as to sign an undertaking to abide by the framework set out in the officers' report. Until such an undertaking had been signed the allocation would not be made available to members.

Councillor Collett, seconded by Councillor Dash, moved an amendment that the

Chief Executive and County Treasurer bring an amended scheme to the next meeting of the Council to incorporate a process for permitting some or all of each member's devolved budget to be utilised on County Council services or property in line with the County Council's three corporate priorities. Given an undertaking by the Leader of the Council that the matter would be discussed further with the officers, Councillor Collett withdrew the amendment.

RESOLVED:

a)

To approve the allocation of £10,000 to each member of the County Council to be utilised for community benefits in accordance with the protocol attached to the report;

b)

To approve the process for handling budget allocation to members and the funding of community initiatives with delegation being given to the County Treasurer to approve the payment of appropriate funds from individual budgets allocated to members;

c)

That the Chief Executive publish full details of all expenditure from the budgets allocated to individual members on an annual basis;

d)

That the scheme be reviewed in 12 months and, if necessary, refined or withdrawn in the light of experiences.

197

PERFORMANCE PLAN 2007/08

The Council considered and approved the report of the Chief Executive (Item

13 in the Minute Book) recommending the framework for the Performance Plan 2007/08.

RESOLVED:

That the framework for the Performance Plan 2007/08 set out in the report of

the Chief Executive be approved.

198

REVIEW OF EDUCATION PROVISION FOR DEAF AND HEARING IMPAIRED CHILDREN

The Council considered the report of the Chief Executive (Item 14 in the

Minute Book) presented pursuant to Part 3D of the County Council's Constitution under which the Council had the option of debating the issue without making any change to the Executive Member's decision or requesting a review of the Executive Member's decision.

Councillor Collett declared a personal interest due to family links and Councillor Kirk a personal interest, also for family reasons.

There was a wide ranging debate during which the Council noted the work being done through formal scrutiny of the Executive Member's decision and took into account the views expressed by the Executive decision maker. A motion, duly seconded, was put to the Council to request a review of the Executive Member's decision and this was agreed.

RESOLVED:

That the decision of the Executive (Lead) Member for Children's Services on 15 February 2007 concerning Education Provision for Deaf and Hearing Impaired Children be reviewed.

199

HAMPSHIRE POLICE AUTHORITY

The Council received the report of the Hampshire Police Authority. No

questions had been received pursuant to Standing Order 20(e).

200

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(f).

201

REPORTS FOR INFORMATION

The Council received the reports of the following:

a)

Cabinet/Leader;

b)

Governance Committee;

c)

Health Overview and Scrutiny Committee;

d)

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

e)

Executive Member for Adult Social Care.

CON(46)

LD(28)

LAB(4)

Select Committees

Policy and Resources (12)

7

4

1

Children and Young People (18)

12

5

1

Environment and Transportation (12)

7

4

1

Culture and Communities (12)

7

4

1

Safe and Healthy People (12)

7

4

1

Health Overview and Scrutiny (15)

9

5

1

Other Committees/Panels

Regulatory Committee (16)

9

6

1

Employment in Hampshire County Council Committee (7)

4

3

0

Governance Committee (7)

4

2

1

Pension Fund Panel (9)

6

3

0

Advisory Committees/Panels

Buildings, Land and Procurement Panel (12)

7

5

0

Strategic Planning Joint Advisory Panel (5)

3

2

0

SACRE (4)

2

2

0

River Hamble

River Hamble Harbour Board (3)

2

1

0

River Hamble Management Committee (9)

5

4

0

Total(153)

91(+1)

54(-1)

8(-)

Mathematical entitlement(153)

90

55

8

Other Proportionate Bodies

New Forest National Park Authority (5)

3

2

0

*Chichester Harbour Board (4)

3

1

0

Hampshire Fire and Rescue Authority (19)

11

7

1

Joint C'ttee - Police Authority Appointments (4)

3

1

0

Total (32)

20(+1)

11(-)

1(-1)

Mathematical total (32)

19

11

2

Area covered

Current

Proposed

Maximum virement on any one budget in any one year before member approval required

Executive Member and County Treasurer if more then £250,000 or 1.25% of the budget (*).

Cabinet if more than £0.5m or 25% of the budget (*), whichever is lower

Executive Member if more than £250,000 in total.

Cabinet if more than £0.5m or 25% of the budget (*), whichever is lower

Debt write-off

Chief Officer up to £1,000

Chief Officer in consultation with County Treasurer for over £1,000

Executive Member approval for over £5,000

County Treasurer up to £1,000

Chief Officer and County Treasurer up to £5,000

Joint report from Chief Officer and County Treasurer for approval by Executive Member from £5,000 to £50,000

Leader more than £50,000

Grants

In line with current authorised purchasing limits

Officer up to £5,000

Executive member over £5,000

Grants not part of service budgets must remain an Executive member decision

Grants made by Members from their own Member's budgets up to £10,000

Tenders

(in most cases existing call off or government compliant framework contracts should be used where these exist and have already been tendered. If not tenders are required.)

At or below £15,000 - three quotes required

Over £15,000 but at or below £75,000 - at least three tenders must be invited

Over £75,000 - full formal tender procedure required

Above EU procurement limits - compliance with EU procurement directives

Below £25,000 - three quotes required

At or above £25,000 but below EU procurement limits - at least three tenders required

Above EU procurement limits - full formal EU tendering process required or use of government compliant framework contracts which have already been tendered.

Area covered

Current

Proposed

Major Projects specified in capital programme

Under £50,000 - officer

Over £50,000 but below £250,000 - Executive Member

Over £250,000 but below £500,000 - Executive Member in prescribed format

Over £500,000 Executive Member and Leader

Under £250,000 - officer approval with Executive Member in the loop

Over £250,000 to £1 million - Design Report (précis project appraisal) to Executive Member (with Leader in the loop); project outcome report to Executive Member

Over £1 million - full business case to Leader (with Executive Member in the loop), followed by Design Report to Executive Member at the appropriate stage (with the Leader in the loop); project outcome report to Executive Member (with Leader in the loop).