081120-countc-R1208093026

COUNCIL PROCEEDINGS, 20 NOVEMBER 2008

HAMPSHIRE

At a Meeting of Hampshire County Council held at The Castle, Winchester on Thursday 20 November 2008.

Chairman:

Councillor M.J. Woodhall

Vice Chairman:

Councillor T.G. Knight

Councillors:

F. G. Allgood J.P.

Mrs. K. Heron

Mrs. C. A. Bailey

Felicity Hindson, M.B.E.

Mrs. P. G. Banks

G. M. Hockley

R. J. Baulk

Keith House

I. F. E. Beagley

R. Hughes

D. R. Blampied

P. R. C. Hutcheson

Carol Boulton

S. C. James

Alan Broadhurst

Jo Kelly

J. V. Bryant

M. N. Kemp-Gee

Mrs. A. Buckley

M. J. Kendal

Mrs. E. M. Byrom

R. J. Kimber

Adam Carew

D. A. Kirk

M. F. Cartwright

Mrs. C. A. Leversha

K. G. Chapman

A. R. Ludlow

P. J. Chegwyn

Peter Kent Mason

N. R. G. Clarke

J. J. W. Maxwell

A. P. Collett

R. C. McIntosh

M. G. Cooper

Mrs. A. M. McNair Scott

B. D. Dash

E. J. Neal

Colin Davidovitz

Sam Payne

G. W. Davies-Dear

R. J. Perry

Mrs. P.M. Devereux

Mrs. P. G. Peskett

Mrs. P. Dickens

Mrs. J. A. Porter

A. G. Dowden

Roger H. Price J.P.

L. T. Dunsdon

S. H. Reid

P. R. Edgar

A. W. Rice, TD

Anne Edwards

Mrs. A. M. Roling

Dr. R. J. Ellis

David Simpson

A. D. G. Evans

Mrs. M. D. Snaith

K. D. Evans

Mrs. E. F. Still

Mrs. J. K. Frankum

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

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

Mrs. M. J. Tucker

K. L. Gill

John K. West

D. Gillett

Mrs P.A. West

J. K. Glen

A. Weeks

B. T. Gurden

Mrs. S. A. Wheale

D. Harrison

Seán D. T. Woodward

P. A. Heath

D. F. Wright J.P.

335 APOLOGIES FOR ABSENCE

Apologies for absence were received from Councillors Chapman, Davies-Dear, Gill and James.

336 DECLARATIONS OF INTEREST

All Members who believed they had a personal or prejudicial interest in any matter to be considered at the meeting were asked to declare that interest and, having regard to the circumstances described in paragraphs 9, 10, 11 and 12 of the County Council's Code of Conduct, to consider whether to leave the meeting whilst the matter is discussed, save for exercising any right to speak in accordance with paragraph 12 of the Code. The declaration should be made at the time of the relevant debate.

337 MINUTES

The minutes of the meeting of the County Council held on 18 September 2008 were confirmed as a correct record and signed by the Chairman.

338 DEPUTATIONS

The Council received a deputation from Isitfair (Christine Melsom, Janet Kelly and Rosemary Conway) concerning the Members Allowances Scheme 2009/10.

339 CHAIRMAN'S COMMUNICATIONS

The Chairman presented his report (Item 5 in the Minute Book) and expanded on the wide range of duties undertaken to represent and promote the County Council and its strong community leadership role. To complete his report the Chairman made reference to the County Council's support for the Reserve Forces for whom 2008 was their centenary year.

340 LEADER'S REPORT

With the leave of the Council, Councillor Heath spoke briefly about his position as an independent member of the County Council.

The Leader bade farewell to Nick Georgiou, who had been Acting Director of Adult Social Care pending a permanent appointment, and, in thanking him for the contribution he had made to the Council's Adult Services, wished him well for the future. The Leader then welcomed Gill Duncan who, with a strong background in health and social care, had recently been appointed as the new Director of Adult Services.

The Leader informed the Council that its Personalisation Commissioners' landmark report and recommendations were to be launched in London on 25 November 2008 and in Winchester on 27 November 2008. The report contained important messages about the shift change which the County Council planned to make from a system based on eligibility to one based on a universal offer of entitlement to information, advice, advocacy and assessment, irrespective of financial means or geography. The Leader also reported a visit to Hampshire by the Minister for the South East, Jonathan Shaw MP, on 5^th November. The Minister had addressed the County Council's reconvened Climate Change Commission and, with the Leader, had signed the Hampshire Accord, Hampshire County Council being the only local authority in the country that had held a cross party Commission of Inquiry looking at adapting to the effects of Climate Change.

The Leader was pleased to report that the Hampshire Regional Recruitment Portal (a one-stop job-seeking website), the design of which had involved the County Council, had been awarded a Local Government IT Excellence Award by the Society of Information Technology Management in the Shared Services Category. He also took great pleasure in informing the Council that the National Music Council/Music Education Council had recognised Hampshire County Council as the top Music Service nationally and had awarded the County Council their major trophy for 2008. Uniquely, this was the second occasion on which the County Council had received this accolade. It was with sadness, therefore, that the Leader reported the retirement of Richard Howlett, the Director of the County Music Service, in April next year. Jill Larner, who was co-heading the department at present, would take over in January 2009. The Leader, therefore, took the opportunity to thank Richard for his significant contribution to the success of Music Services in Hampshire Schools. The Council showed its appreciation in the usual way.

The Leader was pleased to report that the County Council had been awarded the Peter Youngman award in recognition of its outstanding contribution to landscape, a very welcome accolade for the excellent work of the landscape architects within the Council responsible for the planning, design and management of this special landscape. He had also recently opened the relocated and improved site of the Integrated Community Equipment Service at the Lister Point Industrial Estate in Basingstoke supplying aids to enable independent living and medical aids to the county's frail and elderly, enabling them to maintain an independent lifestyle in the comfort of their own homes.

In conclusion, the Leader was very pleased to report good work done by the Care Council, a group of young people in the care of the County Council. As part of the Care Matters agenda, participation was a key component to youth engagement in Hampshire and an opportunity for County Councillors to interact with children and young people by acting as `Corporate Parents'. Working alongside a local designer, the children had created a pledge banner depicting the six key issues that were most important to them.

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

Councillor Kendal, Executive Member for Environment, answered a question from Councillor Reid about the adoption of particular roads in Basingstoke.

Councillor Mrs Snaith, Executive Member for Recreation, Heritage and Communities, answered a question from Councillor Kemp-Gee about the condition of sections of Road U29 known as Cradle Lane near Frithend.

Councillor Kendal, Executive Member for Environment, answered a question from Councillor Carew about the role of the County Council's ecologists in relation to master planning for the Whitehill/Bordon area.

Councillor Kendal, Executive Member for Environment, answered a question from Councillor Mrs Buckley about the timescale for repairs to a street light on the Staunton Road footbridge over the railway and liaison with Network Rail.

Councillor Mrs Hindson, Executive Member for Adult Services, answered a question from Councillor Mrs Porter about Adult Services and Hants Direct.

Councillor Thornber, Leader of the Council and Executive Member for Policy and Resources, answered a question from Councillor Carew about the availability of land at Eveley Wood to the Deadwater Valley Trust to manage as part of its local nature reserve.

Councillor Mrs Hindson, Executive Member for Adult Services, answered a question from Councillor Mrs Porter about using redecoration at the County Council's homes for older people as a stimulus for very frail residents and those suffering from dementia.

At the expiration of 30 minutes the Chairman drew this item to a close and it was agreed that written replies to questions 8 - 15 be given by the Executive Members to whom they had been addressed.

342 SAFE AND HEALTHY PEOPLE SELECT COMMITTEE - CHAIRMAN

On the recommendation of the Leader of the Council it was

RESOLVED:

That Councillor Mrs P.A. West be appointed Chairman of the Safe and Healthy People Select Committee.

343 PROPORTIONALITY

On the recommendation of the Leader of the Council it was

RESOLVED:

That the updated proportionality table (Item 8(b) in the Minute Book) be approved.

344 SOUTH EAST EMPLOYERS - COUNTY COUNCIL REPRESENTATION

On the recommendation of the Leader of the Council it was

RESOLVED:

That Councillor Glen be appointed in place of Councillor Baulk.

345 FLUORIDATION OF WATER IN SOUTHAMPTON AND SOUTH WEST HAMPSHIRE

The Council considered the report of the Water Fluoridation Panel set up by the Health Overview and Scrutiny Committee following a request by the Leader of the Council to consider how best the County Council should respond to the consultation by the South Central Strategic Health Authority on proposals to fluoridate water in parts of Southampton and South West Hampshire. Councillor Mrs McNair Scott, the Chairman of the Panel and Chairman of the County Council's Health Overview and Scrutiny Committee, presented the report and, with the leave of the Council, was given unrestricted time in which to do so.

There followed a full and wide ranging discussion of all the issues and, with one exception, there was otherwise unanimous support for the conclusions which the Water Fluoridation Panel had reached. The Council was mindful that a number of stated benefits of fluoridation had not been proven and there were strong concerns that dental care was more likely to be improved through education, communication and the promotion of good oral hygiene than state intervention and passive ingestion of fluoride through the manipulation of water supplies. The Council was disappointed to learn that Southampton City Council had not opposed the Health Authority's proposal. Members were also concerned that elements of the supporting information published by the Health Authority did not give a balanced view.

The Council congratulated the Panel, its Chairman and the officers on the hard work which they had done in producing such a comprehensive and thoughtful response to the consultation. The Council wished to send the strongest possible message to Government, local MPs and the Health Authority as to its concerns about the impact were the proposal to fluoridate water to proceed. The Council would also enter into discussions with Eastleigh and Test Valley Borough Councils and New Forest District Council.

Councillor Mrs Dickens declared a personal interest in the matter being employed by the National Health Service.

RESOLVED:

That the South Central Strategic Health Authority be advised of The County Council's comments on proposals for the fluoridation of drinking water in Southampton and Southwest Hampshire as follows:

In the light of the issues reviewed and the evidence received the Review Panel considers that this important debate needs to be held in a more mature and participative way than has been the case to date. The suggestion from Sir Iain Chalmers that, rather than simply asking if fluoride should be added to water supplies or not, communities should be engaged in contributing to research that is based on a more integrated approach to resolving problems of this nature is one that the Review Panel would wish see endorsed and commended to the South Central Strategic Health Authority. It is therefore the view of the Review Panel that the following recommendations are made to the South Central Strategic Health Authority on behalf of Hampshire County Council:

a) The South Central Strategic Health Authority takes the lead, working with local stakeholders, communities and principal national researchers in a way that conforms to the stewardship model advocated by the Nuffield Council, to understand better the options open to improving poor oral health in those affected and takes forward agreed programmes for achieving this objective. Initial approaches to key national commentators on this issue indicate a strong interest in, and willingness to contribute to, research of this nature.

b) Hampshire County Council agrees actively to engage with and support this work.

c) Taking account of the plausibility of harm, a precautionary approach to the addition of fluoride to water be adopted until such time that clear evidence of benefit and harm has been established.

d) The alternatives to adding fluoride to water supplies to improve oral health that exist are fully explored with a view to targeting the children affected rather than the population as a whole.

e) That further work be taken forward by the South Central Strategic Health Authority and interested Primary Care Trusts to establish the total daily exposure of populations to fluoride and understand the threshold at which this ceases to be therapeutic. This information should be accessible to all local people.

f) That the South Central Strategic Health Authority and interested Primary Care Trusts undertake further work to provide reliable information about the prevalence and severity of fluorosis in populations exposed to fluoride.

g) That the South Central Strategic Health Authority actively and effectively promotes the publication of clear guidance about the use of fluoridated water to make up infant formula.

h) Taking account of the recent decision in the Republic of Ireland to reduce fluoride levels and the evidence base underpinning this, the South Central Strategic Health Authority lobbies the Department of Health to reconsider the level of 1 ppm set out in the legislation to ensure that this is robustly evidenced, and, if feasible, reduced.

i) As a consequence of the evidence received by the Review Panel the projected cost and technical feasibility of the proposal is reviewed by the South Central Strategic Health Authority.

j) Until such time as the further work outlined above has taken place the County Council does not support any proposal for adding fluoride to the water of people living and working in Hampshire.

k) That the Review Panel continues to evaluate the content and conduct of the consultation process, providing feedback to the South Central Strategic Health Authority as appropriate.

l) That the Review Panel assesses the evaluation of the responses to consultation, and the weighting given to feedback from the public and local authorities to ensure that the views of the population affected are taken into account by the South Central Strategic Health Authority Board.

m) That the Review Panel confirms whether or not it is satisfied with the balance of scientific and ethical issues considered by the South Central Strategic Health Authority Board when coming to a decision and reports back to full Council on this matter in order to allow Hampshire County Council to consider the scope for any further action required in the interests of the population of Hampshire that would be affected by the proposal.

346 MEMBERS ALLOWANCES SCHEME 2009/10

The Council considered the report and supplementary report of the Governance Committee and approved the proposals set out in detail in the supplementary report of the Governance Committee (Item 10 in the Minute Book). A minority of Members considered that the Special Responsibility Allowances for the Leader and Cabinet should not be increased as proposed by the Independent Remuneration Panel and for which there had been support from a majority of the respondents to the Members' survey.

RESOLVED:

a) That the proposals set out in the right hand column of the table in the supplementary report of the Governance Committee be approved and the Members' Allowances Scheme 2009/10 be implemented accordingly.

b) That :

1. Special Responsibility Allowances be restricted to 50% of members;

2. The level of IRP member allowances be reviewed at a later date; and

3. The Basic, Special Responsibility and other allowances be updated in line with the national pay award for 2009/10, subject to review by the Governance Committee.

347 STANDARDS COMMITTEE TERMS OF REFERENCE

The Council considered and approved the report of the Governance Committee proposing a change to the Standards Committee's terms of reference in response to statutory guidance in relation to the determination of allegations that a Member may have breached the County Council's Code of Conduct.

RESOLVED:

That the terms of reference of the Standards Committee set out in Part I: Chapter 9 of the Constitution be revised by the replacement of paragraph 9.3(g) with the following:

To establish sub-committees to take such action as is necessary to assess, review, investigate, determine and impose appropriate sanctions in respect of, any written allegation that a Member has failed to comply with the Authority's Code of Conduct.

348 LOCAL GOVERNMENT AND PUBLIC INVOLVEMENT IN HEALTH ACT 2007 - REQUIRED REVISION OF THE CONSTITUTION

The Council considered and approved the report of the Governance Committee proposing revision of the Constitution in response to the requirements of the Local Government and Public Involvement in Health Act 2007.

RESOLVED:

That Part I Chapter 7 of the Constitution under the heading of "The Executive" and one consequential change to the Council's Standing Orders at paragraph 5 be approved as follows:

Part I Chapter 7 of the Constitution - The Executive

Add new paragraph 7.4 as follows

"The Leader must appoint one of the members of his or her Cabinet to be his or her deputy and he/she shall be referred to as the Deputy Leader. The Deputy Leader shall hold office until the end of the term of office of the Leader or until one of the following events occur:-

a. The Leader in his/her absolute discretion, removes the Deputy Leader from office

b. He or she is suspended from being a Councillor under the provisions of the Local Government Act 2000 (although he or she may resume office at the end of the period of suspension)

c. He or she is no longer a councillor

d. He or she is otherwise disqualified by law

If for any reason there shall be a vacancy in the position of deputy Leader, the Leader must appoint another Deputy Leader from among the members of the Cabinet.

If for any reason the Leader is unable to act or the office of Leader is vacant, the Deputy Leader must act in his or her place".

At paragraph 7.3 amend first sentence to read

"The Leader will be a councillor elected to the position of Leader by the Council either at the first Annual Meeting of the Council following an election or if there be a vacancy in the position of Leader at the first Meeting of the Council following such vacancy for a term of office expiring on the day of the post election annual meeting which follows his or her election as Leader".

Standing Order 5 to be replaced by:-

"The Council shall, at its first Annual Meeting following an election, elect a Leader of the Council for a term of office expiring on the day of the post election annual meeting which follows his or her election. If there should be a vacancy in the position of Leader of the Council, the Council shall at its next meeting appoint another Leader of the Council".

Add new paragraph 7.5 as follows:-

"Absence of Leader and Deputy Leader

If for whatever reason both the Leader and Deputy Leader are unable to act or both positions are vacant, the Cabinet must either collectively act in the Leader's place or they must arrange for a member of the Cabinet to act in the place of the Leader".

(Existing subsequent paragraphs to be consequentially renumbered.)

349 SUSTAINABLE COMMUNITIES ACT - LOCAL AUTHORITY RESOLUTION

The Council considered the following notice of motion submitted by Councillor Carew and seconded by Councillor Payne:

"That Hampshire County Council

(i) expresses its concern at the decline of local services and facilities, local economies and local communities;

(ii) notes that this combination of factors increases people's feelings of exclusion and lack of involvement; and

(iii) further notes that local authorities and their communities know best on the solutions to local problems and so should determine how to promote thriving communities; and so

(iv) supports the bottom up process in the Sustainable Communities Act designed to allow local authorities and their communities to drive the help that central government gives in reversing community decline and promoting thriving, sustainable communities;

(v) notes that the Act became law in October 2007 with full cross party support and that this was a result of 5 year campaign run by a coalition of over 90 national citizens organisations called Local Works;

(vi) notes that the Act gives local authorities the power to

· make proposals to government on the action government must take to reverse community decline and promote sustainable communities, and

· argue for a transfer of public money and function from central to local control;

(vii) notes that the Act defines the sustainability of local communities broadly, that definition having the 4 aspects of

· the improvement of the local economy,

· protection of the environment,

· promotion of social inclusion, and

· participation in civic and political activity;

(viii) notes that the Local Works campaign give a number of reasons for why a local authority should choose to use the Act, those reasons being

1. Assistance from government - Community decline is happening everywhere and local authorities are not able to prevent it on their own. They need government help. This Act gives government a legal duty 'to assist local authorities in promoting the sustainability of local communities'. So by `opting in' local authorities are, in fact, signing up to receive that 'assistance'.

2. Power to determine that assistance - The Act also gives local authorities (and their representative body, the Local Government Association) real power to determine the nature of the assistance that they receive from government, as explained more fully in our campaign broadsheet on implementing the Act.

3. Strength in numbers - By opting in, local authorities can act in unison to put in proposals to government supported by their colleagues elsewhere. Joint suggestions by many authorities will make it even harder for the government to refuse to act on suggestions made by local authorities.

4. Transferring functions and monies from central to local control - The Act also enables local authorities - and thus local authorities acting together - to request the transfer of functions from government or government agencies to themselves. Because decisions on these requests must be made by the LGA and the Secretary of State trying to reach agreement (i.e. in co-operation), this can be used to regain from central government control of many powers and spending that affect local areas.

5. Access to Central Spending Accounts Information - The requirement in the Act for the government to `open the books' will mean that local authorities will know just how much extra money they can access if they push for a transfer of functions.

6. Democratic citizen involvement - All politicians (and many local authority officers) talk a lot about lack of public involvement in democracy. The recent Power report showed that the more people think that their involvement matters, the more they are likely to get involved. The very 'hassle' required by this Act (reaching agreement with - not consulting - citizens' panels) empowers citizens. Local authorities may well consider that this is a way of increasing citizen involvement; and

(ix) resolves, when invited to by central government in 2008, to use the Act by preparing and submitting proposals on how central government can help; and

(x) further resolves to

· to inform the local media of this decision;

· to write to local MPs, informing them of this decision; and

· to write to Local Works (at Local Works, c/o Unlock Democracy, 6 Cynthia St, London N1 9JF) informing them of their resolution to use the Act."

Councillor Reid, seconded by Councillor Hindson proposed an amendment as follows, the amendment to the wording being highlighted in bold type:

"That Hampshire County Council renews its two-year old endorsement of the Sustainable Communities Bill, now an Act. In so doing the Council:

i. reaffirms its commitment to maintaining high standard local services and facilities, local economies and local communities

ii. confirms that its reasons for doing so include, inter alia, a wish to encourage feelings of wellbeing, inclusion and involvement on the part of the people of Hampshire

iii. further notes that democratically elected and accountable local authorities and their communities know best on the solutions to local problems and so should determine how to promote thriving communities, and so

iv. supports the bottom up process described in the Sustainable Communities Act, designed to allow local authorities and their communities to drive the help that central government gives in encouraging and promoting thriving, sustainable communities

v. notes that the Act became law in October 2007 with cross-party support and that this was a result of a 5 year campaign run by a coalition of over 90 national citizens' organisations called Local Works;

vi. notes that the Act gives local authorities the power to make proposals to government on the action government must take to avoid community decline and promote sustainable communities argue for a transfer of public money and function from central to local control;

vii. notes that the Act defines the sustainability of local communities broadly, that definition having the 4 aspects of:

· the improvement of the local economy

· protecting of the environment

· promotion of social inclusion, and

· participation in civic and political activity

viii. notes that the Local Works campaign gives a number of reasons why a local authority should choose to use the Act, those reasons being:

1. Assistance from government - Community decline is a risk everywhere and local authorities are not able to prevent it on their own. They need government help. This Act gives Government a legal duty `to assist local authorities in promoting the sustainability of local communities'. So by `opting in' local authorities are, in fact, signing up to receive that `assistance'

2. Power to determine that assistance. The Act gives local authorities (and their representative body, the Local Government Association) real power to determine the nature of the assistance that they receive from government, as explained more fully in the Local Works Campaign broadsheet on implementing the Act

3. Strength in Numbers - by opting in, local authorities can act in unison to put in proposals to government supported by their colleagues elsewhere. Joint suggestions by many authorities will make it even harder for the government to refuse to act on suggestions made by local authorities

4. Transferring functions and monies from central to local control - the Act also enables local authorities - and thus authorities acting together - to request the transfer of functions from government or government agencies to themselves. Because decisions on these requests must be made by the LGA and the Secretary of State trying to reach agreement (ie in co-operation), this can be used to regain from central government control of many powers and spending that affect local areas

5. Access to Central Spending Accounts Information - The requirement in the Act for the government to `open the books' will mean that local authorities will know how much extra money they can access if they push for a transfer of functions.

6. Democratic citizen involvement - Politicians (and officers) value public involvement in democracy. The recent Power report concluded that the more people believe that their involvement matters, the more likely they are to get involved. The very `hassle' required by this Act (reaching agreement with - not just consulting - citizens' panels) empowers citizens. Local authorities may well consider that this is a way of increasing citizen involvement; and

therefore Hampshire County Council resolves

ix. when invited to by central government in 2008, to use the Act by preparing and submitting proposals on how central government can help,

that it will, in parallel, continue its calls for fairer treatment for Hampshire with regard to Revenue Support Grant settlements, at a time when there are increasing pressures on local services such as adult social care

that it will, in parallel, continue to highlight the dangers to local communities in Hampshire represented by the Government's `top-down' plans to over-develop this part of the United Kingdom, and

x. further resolves to:

· inform the local media of this decision

· write to local MPs and Nick Hurd MP (the Act's sponsor), informing them of this decision and write to Local Works (at Local Works, c/o Unlock Democracy, 6 Cynthia St, London N1 9JF) informing them of its resolution to use the Act."

During discussion it became clear that Members, whilst supportive of the motion and the amendment, were very mindful of the need for a cautious approach to the many issues for the County Council associated with this legislation. Councillor Carew and Councillor Reid understood the Council's concerns and, on the proposal of the Leader of the Council, it was

RESOLVED:

That, whilst the Council supports the thrust of both the notice of motion and the amendment, detailed consideration of the matter be referred to the Governance Committee.

350 HAMPSHIRE POLICE AUTHORITY

The Council received the report of the Hampshire Police Authority. No questions had been received pursuant to Standing Order 20(d).

351 HAMPSHIRE FIRE AND RESCUE AUTHORITY

The Council received the report of the Hampshire Fire and Rescue Authority. No questions had been received pursuant to Standing Order 20(e).

352 REPORTS FOR INFORMATION

The Council received the reports of the following:

a) Cabinet/Leader - on paragraph 398 (New Forest National Park Plan and New Forest National Park Recreation Management Strategy consultation drafts) the following Members declared personal interests:

Councillor Rice as a Member of the National Park Authority and a commoner;

Councillor Kendal as a Member of the National Park Authority;

Councillor Perry as a dog owner and through family connections;

Councillor Thornber through family connections.

b) Executive Member for Recreation, Heritage and Communities;

c) Executive Member for Adult Social Care;

d) Health Overview and Scrutiny Committee;

e) Executive Member for Environment;

f) Executive Lead Member for Children's Services (Education) and Executive Member for Children and Families - on paragraph 410 (Nursery Provision for Children with Special Educational Needs) the Executive Lead Member indicated his support for the matter to be considered by the Health Overview and Scrutiny Committee at the appropriate time.