To approve and sign the minutes of the meetings held on 3 July 2017 as a correct record.

The Lord Mayor moved a procedural motion to vary items on the agenda to take item four after item seven.  The motion was seconded by the Deputy Lord Mayor and following a vote the motion was carried.

The minutes of the meeting held on 3 July 2017 were agreed subject to a correction to the voting record and Councillor Patrick Nicholson’s Disclosable Pecuniary Interest as an employee of Devonport Dockyard Limited.

Councillors will be asked to make declarations of interest in respect of items on this agenda. A flowchart providing guidance on interests is attached to assist councillors.

The following declarations of interest were made by councillors in accordance with the code of conduct in respect of items under consideration at the meeting -

(a)        To receive announcements from the Lord Mayor, Chief Executive, Assistant Director for Finance or Head of Legal Services;

(b)        To receive announcements from the Leader, Cabinet Members or Committee Chairs.

The Lord Mayor led the Council in a moment of silence in memory of Freeman Dicker and former Councillor Alan Weekes.

The Lord Mayor welcomed members of staff to the Council and presented awards to the Customer Service department who have achieved the Customer Service Excellence accreditation 2018 and Best Use of Technology.

Announcements from the Leader:

(a)        Winter Works Programme;

(b)        Recycling Rates;

(c)        Recent meeting with the Jake Berry, Minister responsible for devolution.

Announcements from Chair of the Wellbeing Overview and Scrutiny Committee:

(a)           Sexual Assault Referral Centres on the Peninsula

To receive questions from and provide answers to the public in relation to matters which are about something the council is responsible for or something that directly affects people in the city, in accordance with Part B, paragraph 11 of the Constitution.

Questions, of no longer than 50 words, can be submitted to the Democratic Support Unit, Plymouth City Council, Ballard House, West Hoe Road, Plymouth, PL1 3BJ, or email to democraticsupport@plymouth.gov.uk. Any questions must be received at least five complete working days before the meeting.

There were three questions from members of the public.

The Lord Mayor will propose to suspend rules of debate to allow a question and answer session on this item.

The Lord Mayor will invite Dr David Smith to introduce the recommendations of the Independent Investigation into the General Election 2017.

Following the presentation from Dr Smith, the Lord Mayor will invite the Acting Returning Officer to make a report to Council.

The Lord Mayor will propose return to the rules of debate and ask the Leader to move the recommendations within the report.

The Lord Mayor, in accordance with article 14.1(b) of the Constitution and Council Procedure Rule 21, moved to suspend the usual procedural rules of debate to allow Dr. Smith and the Acting Returning Officer to present to council and answer questions from members before recommendations were put to Council. The Deputy Lord Mayor seconded the motion and following a vote the motion was carried. 

For the motion (55)

Lord Mayor, Deputy Lord Mayor, Councillors Aspinall, Bowie, Coker, Dann, P Davey, S Davey, Evans OBE, Hendy, McDonald, Morris, Murphy, Parker-Delaz-Ajete, Rennie, Singh, Smith, Stevens, J Taylor, K Taylor, Tuffin, Tuohy, Vincent, Wheeler, Ball, Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, Deacon, Downie, Drean, Fletcher, Foster, Fry, James, Jordan, Martin Leaves, Michael Leaves, Mrs Leaves, Dr Mahony, Nicholson, Mrs Pengelly, Ricketts, Wigens, Mrs Bridgeman, Riley, Storer, Sparling, Mavin, Carson, Winter, Mrs Loveridge and Cook.

Against the Motion (0)

-

Abstain (0)

-

Absent / Did not vote (2)

Councillor Lowry and Penberthy.

The Lord Mayor advised council that in order to provide assurance to members Council would receive independent advice in respect of this matter and Mr Pinwell, a solicitor in a leading private practice firm which deals with local government law, had been commissioned for this role.

Following the presentation and question and answer session the Lord Mayor moved the recommendations from the report as follows –

That Council –

1.    notes the recommendations in Dr Smith’s Review of Registration and Elections relating to the 2017 General Election, in the context of what happened and why;

2.    notes the Acting Returning Officer’s response to the review recommendations;

3.    notes the costs associated with the election response, recovery and independent investigation;

4.    asks the Constitutional Review Group to oversee the Council’s response to the recommendations from Dr Smith’s report and the implementation of the Electoral Services Improvement Plan, reporting back to Full Council on progress as required; and

5.    notes that a follow-up external review of elections-readiness will be commissioned and undertaken in January 2018.

The motion was seconded by the Deputy Lord Mayor and following a vote was carried.

For the motion (55)

Deputy Lord Mayor, Councillors Aspinall, Bowie, Coker, Dann, P Davey, S Davey, Evans OBE, Hendy, McDonald, Morris, Murphy, Parker-Delaz-Ajete, Rennie, Singh, Smith, Stevens, J Taylor, K Taylor, Tuffin, Tuohy, Vincent, Wheeler, Ball, Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, Deacon, Downie, Drean, Fletcher, Foster, Fry, James, Jordan, Martin Leaves, Michael Leaves, Mrs Leaves, Dr Mahony, Nicholson, Mrs Pengelly, Ricketts, Wigens, Mrs Bridgeman, Riley, Storer, Sparling, Mavin, Carson, Winter, Mrs Loveridge and Cook.

Against the Motion (0)

-

Abstain (1)

Lord Mayor

Absent / Did not vote (2)

Councillor Lowry and Penberthy.

The Monitoring Officer will submit a schedule of vacancies on committees, outside bodies etc and of changes notified to him.  

Changes to the political composition of the council, resulting change to proportionality and committee membership reported to the monitoring officer as below was noted –

Cabinet Member: Councillor John Riley

Council will consider the report and recommendations of the Independent Remuneration Panel on Members’ allowances.

Councillor Riley (Cabinet Member for HR/ Democracy and Governance / Licensing) proposed and Councillor Stevens seconded the report and recommendations of the Independent Remuneration Panel.

Following a vote the council agreed –

1.    that basic allowance should remain unchanged for all Members, subject to appropriate back-dating of index-linked uplift where necessary for 2017/18;

2.    to follow the developing national debate on core expectations of Members and inform the Panel of any significant developments that have implications for variance of the basic allowance;

3.    that SRAs for the following roles remain unchanged subject to appropriate back-dating of index-linked uplift where necessary for 2017/18: Leader of the Council; Deputy Leader of the Council; Chair of Planning; Vice-Chair of Planning; Chair of Licensing Committee; Chair of Taxi Licensing; Chair of Audit; Leader of the largest minority party; Leader of other minority parties; and Deputy Leader of largest majority party;

4.    that interim SRA determined in 2016 for the Scrutiny Committee Chairs should be confirmed and appropriate back-dating of index-linked uplift applied where necessary; 

5.    that the Travel and Subsistence Policy in the ‘Plymouth Book’ should continue to be applied for Member travel and subsistence claims;

6.    that Co-opted members should remain unremunerated, except for the reimbursement of travel and subsistence;

7.    that current provisions of the childcare and dependent carers allowance should be retained;

8.    that any changes to Member allowances should be back-dated to the start of the municipal year where applicable;

9.    that the arrangement of linking Members’ allowances to the annual local government cost of living pay award should be retained;

10.  to note the next full review of member allowances will take place by 2021 and delegates to the Monitoring Officer responsibility for undertaking the necessary updates to Appendix One of the Council’s Constitution to reflect the agreed member allowances from 2017/18.

For the motion (53)

Deputy Lord Mayor, Councillors Aspinall, Bowie, Coker, Dann, P Davey, S Davey, Evans OBE, Hendy, McDonald, Morris, Murphy, Parker-Delaz-Ajete, Rennie, Singh, Smith, Stevens, J Taylor, K Taylor, Tuffin, Tuohy, Vincent, Wheeler, Ball, Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, Deacon, Downie, Drean, Fletcher, Foster, Fry, James, Jordan, Martin Leaves, Michael Leaves, Mrs Leaves, Dr Mahony, Nicholson, Mrs Pengelly, Ricketts, Wigens, Mrs Bridgeman, Riley, Storer, Mavin, Carson, Winter, Mrs Loveridge and Cook.

Against the Motion (0)

-

Abstain (1)

Lord Mayor

Absent / Did not vote (3)

Councillor Lowry, Penberthy and Sparling.

Councillor Mrs Aspinall (Chair of Wellbeing Overview and Scrutiny) proposed and Councillor James (Vice Chair of Wellbeing Overview and Scrutiny) seconded the report of the Wellbeing Overview and Scrutiny Committee of the meeting held on the 20 September 2017.

Council agreed to note the report.

Cabinet Member: Councillor Ian Bowyer

The City Council will be asked to approve recommendations in the report.

Council Bowyer (Leader) proposed as amended and Councillors Evans seconded a report and recommendations on establishing a strategic partnership with Torbay Council to deliver Children’s Services.

Following a debate council agreed to –

1.     Endorse Cabinet’s ‘in principle’ decision to progress the development of a delivery contract with Torbay Council to run its Children’s Services, subject to the following:

               (i)  Should Torbay Council decide at its meeting on 27 September 2017 that it wishes to progress a strategic partnership with another council for its other services (either upper tier or upper and lower tier), then Plymouth City Council would withdraw its ‘in principle’ decision for Children’s Services as this would add too much complexity.

               (ii) If Torbay Council decides at that meeting not to pursue a strategic partnership for its other services, that it formally sets out its future strategic direction, operating model and service delivery arrangements for the next 5 years so that Plymouth may consider this in the light of the Children’s Services provision.

2.     Endorse Cabinet’s ‘in principle’ decision to work with Torbay Council and the Commissioner for Children’s Services, and under the auspices of the Department for Education to develop a detailed contractual agreement.

3.     Endorse Cabinet’s ‘in principle’ decision to delegate to the Chief Executive, in consultation with the Leader and the Leader of the Opposition, development of the detailed contractual agreement, and adds the Torbay Children’s Services Cross-Party Working Group to those with whom the Chief Executive will consult.

4.     Endorses the points arising from the Wellbeing Overview and Scrutiny Committee on 20 September 2017, and notes their inclusion in the schedule referred to in 7 below.

5.     Requests that the Wellbeing Overview and Scrutiny Committee further examines the arrangements as they develop, and makes recommendations to Cabinet before any final decision is made.

6.     Agrees to receive a further report, following the ‘due diligence’ exercise and seeks further endorsement from Council before any binding decision is made.

7.     Agrees that the ‘due diligence’ exercise must cover the issues listed in the schedule below and must provide sufficient assurance to Council that all aspects have been explored, and that appropriate monitoring and controls are in place.

DUE DILIGENCE SCHEDULE

a)   Leadership, Capacity and Maintaining Focus

• Ensures that Plymouth’s senior management have sufficient capacity to deliver, given the breadth of their current remit
• Provides clarity on staffing structures, including describing the controls that will be put in place to ensure that any staffing shortfalls will be addressed within the respective councils
• Provides reassurance that there will be no impact on service delivery for, or detriment to children and young people in Plymouth, nor any detriment to frontline social care staff
• Describes how Plymouth’s capacity and reputation will be managed in the event of a major investigation or high profile case in either authority, setting out the details of how the Council would respond to potential scenarios
• Demonstrates how the Council will continue to maintain its own improvement journey and performance levels
• Describes  ...  view the full minutes text for item 27.2

Cabinet Member: Councillor Darcy

The City Council will be asked to note the Capital and Revenue Monitoring Report 2017/18 Quarter One.

Councillor Darcy (Cabinet Member for Finance/ICT) presented the report on the Capital and Revenue Monitoring Report 2017/18 quarter one.  Councillor Bowyer (Leader) seconded the report.

Following a short debate and vote Council agreed –

1.     to note the current revenue monitoring position and action plans in place to reduce/mitigate shortfalls;

2.     that the Capital Budget 2017 -2022 is revised to £836m (as shown in Table 5).

For the motion (51)

Deputy Lord Mayor, Councillors Aspinall, Coker, Dann, P Davey, S Davey, Evans OBE, Hendy, McDonald, Morris, Murphy, Parker-Delaz-Ajete, Rennie, Smith, Stevens, J Taylor, K Taylor, Tuffin, Tuohy, Vincent, Wheeler, Ball, Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, Deacon, Downie, Drean, Fletcher, Foster, Fry, James, Jordan, Martin Leaves, Michael Leaves, Mrs Leaves, Dr Mahony, Nicholson, Mrs Pengelly, Ricketts, Wigens, Mrs Bridgeman, Riley, Storer, Mavin, Carson, Winter, Mrs Loveridge and Cook.

Against the Motion (0)

-

Abstain (1)

Lord Mayor

Absent / Did not vote (5)

Councillor Lowry, Penberthy, Sparling, Bowie and Singh.

With the agreement of Council, the Lord Mayor announced that, in order to assist people in the public gallery and those watching on the webcast and to aid the efficient running of the meeting, that the first motion to be debated would be 10h, ‘Safety of Fisherman followed by 10i, ‘Development of fishing in Plymouth’.  This would be immediately followed by 10a, ‘Proposals for GP Services in Plymouth’ then 10g, NHS England Proposals.  After these motions had been considered, Motions on Notice 10c and 10e on Stonehouse Barracks would be debated consecutively.  Then the meeting would return to the other Motions on Notice, starting with 10b ‘Organ Donation Awareness’, and be debated in the order on the agenda.

Councillor McDonald proposed, as amended, and Councillor Evans OBE seconded a motion on Sprinklers in Schools.

Following a short debate and vote, council agreed to lobby the Secretary of State for Education–

1.    to restore the requirement for compulsory sprinklers in new build schools and nurseries in Plymouth;

2.    to require the retrofit of sprinklers within schools and nurseries in Plymouth;

3.    to support the requirements with the necessary funding through capital grant.

For the motion (50)

Lord Mayor, Deputy Lord Mayor, Councillors Aspinall, Coker, Dann, P Davey, S Davey, Evans OBE, Hendy, McDonald, Morris, Murphy, Parker-Delaz-Ajete, Rennie, Smith, Stevens, J Taylor, K Taylor, Tuffin, Tuohy, Vincent, Wheeler, Ball, Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, Deacon, Downie, Drean, Fletcher, Foster, James, Jordan, Martin Leaves, Michael Leaves, Mrs Leaves, Dr Mahony, Nicholson, Mrs Pengelly, Ricketts, Wigens, Mrs Bridgeman, Riley, Storer, Mavin, Carson, Winter, Mrs Loveridge and.

Against the Motion (0)

-

Abstain (0)

-

Absent / Did not vote (7)

Councillor Lowry, Penberthy, Cook, Sparling, Fry, Bowie and Singh.

Councillor Cook was absent due to interests declared

Councillor Dann proposed and Councillor Coker seconded a motion titled Plymouth’s Litter and Street Cleaning Problem.

Following a debate and vote the motion was lost.

For the motion (21)

Councillors Mrs Aspinall, Coker, Dann, P Davey, S Davey, Evans OBE, Hendy, McDonald, Morris, Murphy, Parker-Delaz-Ajete, Rennie, Smith, Stevens, J Taylor K Taylor, Tuffin, Mavin, Vincent, Wheeler and Winter.

Against the Motion (28)

Deputy Lord Mayor, Councillors Ball, Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, Deacon, Downie, Drean, Fletcher, Foster, James, Jordan, Martin Leaves, Michael Leaves, Mrs Leaves, Dr Mahony, Nicholson, Mrs Pengelly, Ricketts, Wigens, Mrs Bridgeman, Riley, Storer, Carson, Mrs Loveridge and Cook.

Abstain (1)

Lord Mayor

Absent / Did not vote (5)

Councillor Lowry, Penberthy, Sparling, Bowie, Tuohy and Singh.

Councillor Tuohy was absent due to interests declared.

Councillor Stevens proposed and Councillor Smith seconded a motion titled Ending the unfair pay cap for Local Government staff.

During the debate Councillor Darcy moved and Councillor Nicholson seconded an amendment to the motion. Following a vote the amendment was carried.

For the motion (47)

Deputy Lord Mayor, Councillors Aspinall, Dann, P Davey, S Davey, Evans OBE, Hendy, McDonald, Morris, Murphy, Parker-Delaz-Ajete, Rennie, Smith, Stevens, Tuffin, Tuohy, Vincent, Wheeler, Ball, Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, Deacon, Downie, Drean, Fletcher, Foster, James, Jordan, Martin Leaves, Michael Leaves, Mrs Leaves, Dr Mahony, Nicholson, Mrs Pengelly, Ricketts, Wigens, Mrs Bridgeman, Riley, Storer, Mavin, Carson, Winter, Mrs Loveridge and Cook.

Against the Motion (0)

-

Abstain (1)

Lord Mayor

Absent / Did not vote (9)

Councillor Lowry, Penberthy, Sparling, Coker, Bowie, Singh, J Taylor, K Taylor and Fry,

Following a short debate on the amended motion Council agreed –

1. to note that -

a.     National Joint Council for Local Government Services basic pay has fallen by 21% since 2010 in real terms

b.     NJC Local Government staff had a three-year pay freeze from 2010-2012

c.     NJC Local Government staff pay is the lowest in the public sector

2. Plymouth City Council believes the hard work and commitment shown by our staff deserve a fair and equitable pay settlement.
3. to support the 2018 NJC pay claim submitted by UNISON, GMB and Unite on behalf of Local Government and school workers and calls for the immediate end of this aspect of public sector pay restraint. NJC pay must not fall further behind other parts of the public sector.
4. to welcome the joint review of the NJC pay spine to remedy the turbulence caused by bottom-loaded pay settlements.
5. to call on the Government to fund a decent pay rise for NJC employees and the pay spine review.
6. To resolve to-

a.     Inform local Trades Union representatives of our support for the pay claim and the pay spine review.

b.     Actively support campaigns such as the GMB’s Paypinch (www.paypinch.org) highlighting the unfairness of the pay cap on our staff.

c.     Call immediately on the Local Government Association to make urgent representations to Government to fund the NJC claim and the pay spine review and notify us of their action in this regard.

d.      Write to Gary Streeter MP, Jonny Mercer MP and Luke Pollard MP requesting they join us in supporting the NJC pay claim and seeking additional funding to fund a decent pay rise and the pay spine review.

For the motion (47)

Deputy Lord Mayor, Councillors Aspinall, Dann, P Davey, S Davey, Evans OBE, Hendy, McDonald, Morris, Murphy, Parker-Delaz-Ajete, Rennie, Smith, Stevens, Tuffin, Tuohy, Vincent, Wheeler, Ball, Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, Deacon, Downie, Drean, Fletcher, Foster, James, Jordan, Martin Leaves, Michael Leaves, Mrs Leaves, Dr Mahony, Nicholson, Mrs Pengelly, Ricketts, Wigens, Mrs Bridgeman, Riley, Storer, Mavin, Carson, Winter, Mrs Loveridge and Cook.

Against the Motion (0)

-

Abstain (1)

Lord Mayor

Absent / Did not vote (9)

Councillor Lowry,  ...  view the full minutes text for item 29.3

Councillor Mrs Bowyer proposed and Councillor Mrs Beer seconded a motion on the Mental Health Challenge.

Following a debate and vote Council agreed that –

1.    This Council notes:

a.     1 in 4 people will experience a mental health problem in any given year.

b.    The World Health Organisation predicts that depression will be the second most common health condition worldwide by 2020.

c.     Mental ill health costs some £105 billion each year in England alone.

d.    People with a severe mental illness die up to 20 years younger than their peers in the UK.

e.    There is often a circular relationship between mental health and issues such as housing, employment, family problems or debt.

2.    This Council believes:

a.     As a local authority we have a crucial role to play in improving the mental health of everyone in our community and tackling some of the widest and most entrenched inequalities in health.

b.    Mental health should be a priority across all the local authority’s areas of responsibility, including housing, community safety and planning.

c.     All councillors, whether members of the Cabinet or Scrutiny and in our community and casework roles, can play a positive role in championing mental health on an individual and strategic basis.

3.    This Council resolves:

a.     To sign the Local Authorities’ Mental Health Challenge run by Centre for Mental Health, Mental Health Foundation, Mental Health Providers Forum, Mind, Rethink Mental Illness, Royal College of Psychiatrists and YoungMinds.

b.    We commit to appoint an elected member as ‘mental health champion’ across the council.

c.     We will identify a member of staff from within our Office of the Director of Public Health to act as ‘lead officer’ for mental health.

4.    the Council will also:

a.     Support positive mental health in our community, including in local schools, neighbourhoods and workplaces.

b.    Work to reduce inequalities in mental health in our community.

c.     Work with local partners to offer effective support for people with mental health needs.

d.    Tackle discrimination on the grounds of mental health in our community.

e.    Proactively listen to people of all ages and backgrounds about what they need for better mental health.

f.      Sign up to the Time to Change pledge.

For the motion (48)

Deputy Lord Mayor, Councillors Aspinall, Dann, P Davey, S Davey, Evans OBE, Hendy, McDonald, Morris, Murphy, Parker-Delaz-Ajete, Rennie, Smith, Stevens, J Taylor, Tuffin, Tuohy, Vincent, Wheeler, Ball, Mrs Beer, Bowyer, Mrs Bowyer, Churchill, Darcy, Deacon, Downie, Drean, Fletcher, Foster, James, Jordan, Martin Leaves, Michael Leaves, Mrs Leaves, Dr Mahony, Nicholson, Mrs Pengelly, Ricketts, Wigens, Mrs Bridgeman, Riley, Storer, Mavin, Carson, Winter, Mrs Loveridge and Cook.

Against the Motion (0)

-

Abstain (1)

Lord Mayor

Absent / Did not vote (8)

Councillor Lowry, Penberthy, Sparling, Coker, Bowie, Singh, K Taylor and Fry,

Questions to the Leader, Cabinet Members and Committee Chairs covering aspects for their areas of responsibility or concern by councillors in accordance with Part B, paragraph 12 of the constitution.

Please note that questions, answers, supplementary questions and supplementary answers have been summarised.