Agenda and minutes

Apologies for absence were received from Councillors B Hill, P Parkin, A Hutchinson, T Reader, J Ridgway and B Wright.

Members are requested to declare the existence and nature of any disclosable pecuniary interest and/or other interests, not already on their register of interests, in any items on the agenda and withdraw from the meeting at the appropriate time. 

None

To approve as a correct record and the Chair to sign the attached Minutes of the Council meeting held on 30 January 2023. 

RESOLVED –

That the Minutes of the meeting held on Monday, 30 January 2023 were approved as a true and accurate record.

Councillor D Ruff, Chair of the Council.

The Chair of the Council, Councillor D Ruff, praised the action which had been taken to remove an illegal encampment within the District. Councillor D Ruff, also thanked those who had attended her Memorial Service for the late Queen, which had been held at All Saints Church in Wingerworth. The Chair of the Council reminded Members of her forthcoming charitable events in support of the Soldiers, Sailors and Airforce Families Association (SSAFA).

Finally, Councillor D Ruff informed Council Members that a series of briefing sessions would be arranged for Candidates and Agents for the Local Government elections, on Thursday 4 May 2023.

RESOLVED –

That Council noted the announcements of the Chair of the Council, Councillor D Ruff (by acclamation).

Councillor A Dale, Leader of the Council.

The Leader of the Council, Councillor A Dale, thanked all Members for their services to local Communities and the District as a whole since the last local government elections, in May 2019. He reflected on the challenges which the Council had faced over these years. They included the Covid 19 Pandemic, addressing locally the Climate Change Emergency and helping the District’s residents and businesses with the Cost of Living Crisis. As part of this, the Leader of the Council explained how the Council had supported vulnerable people during the Pandemic lock-downs, took action to increase Re-cycling and reduce the Council’s Carbon Footprint, by improving the District’s Leisure Centres and providing advice and support to help local people and businesses save on their energy costs.

Members were reminded that significant improvements had been made to the Council’s Planning Service during recent years. In particular, the Planning Enforcement Service had more than doubled in size, which meant that it could now take action against those who built developments without planning permission.  Councillor A Dale referred to the Clay Cross Town Deal, the Eckington Master Plan and the Council’s success in securing £2.5M from the UK Shared Prosperity Fund for improvements to parks, play areas and other initiatives across the District. He also reminded Council of the generous support from the local community for those victims of the war in Ukraine who were now guests in North East Derbyshire.

RESOLVED –

That Council noted the announcements of the Leader of the Council, Councillor A Dale (by acclamation).

Managing Director and Head of Paid Service

The Council’s Managing Director gave a presentation on the ‘Talent Pipeline’ initiative. He explained how the initiative would enable the Council to carry out workforce planning, in line with its objectives, how it would help existing staff to develop their careers as North East Derbyshire District Council employees and create new employment opportunities in the District.

Council discussed the presentation. As part of this Councillor J Birkin asked for and received clarification of Staff and Trade Union involvement in developing the initiative. Councillor R Hall asked for and received information about staff retention issues within the Council. Councillor D Hancock commented on the format of Talent Pipeline Strategy Document. Councillor J Barry asked for clarification on the use of skills assessments and work experience placements by Council services.

Councillors H Liggett, J Kenyon, C Cupit and D Ruff welcomed the initiative. They emphasised the valuable contribution it would make to Workforce Development across the Council. At the conclusion of the discussion the Chair of the Council thanked to the Managing Director and other officers for their work on developing and implementing the Talent Pipeline.

RESOLVED –

That Council noted the presentation on the Talent Pipeline (by acclamation).

Report of Councillor J Kenyon, Portfolio Holder for Economy, Transformation and Climate Change. 

The report of the Portfolio Holder for Economy, Transformation and Climate Change reminded Members that under the Localism Act 2011 the Council was responsible for calculating the total Council Tax requirements as a whole for the North East Derbyshire area. These included the requirements of the other participating bodies Members heard that the approved demand on the Collection Fund in respect of this Council is one of £6,659,905. Table 2.5 of the report detailed the Council Tax amounts for the year by area and for the Valuation Bands A to H

Councillor J Kenyon and Councillor A Dale moved and seconded a Motion that Council formally approve the Council Tax for the Financial Year 2023/24, as set out in the report.

The Motion was put to the vote and was agreed. As required by law a recorded vote was taken.

For: 47

Councillors P Wright, P Windley, P Wheelhouse, R Welton, M Thacker MBE JP, K Tait, L Stone, B Strafford-Stephenson, R Shipman, D Ruff, K Rouse, M Roe, C Renwick, A Powell, M Potts, A Platts, S Pickering, G Morely, J Lillely, H Liggett, B Lewis, T Lacey, P R Kerry, J Kenyon, M Jones, L Hartshorne, D Hancock, R Hall, O Gomez Reaney, K Gillott, J Funnell, M Foster, A Foster, M Emmens, P Elliott, D Drabble, L Deighton, A Dale, C Cupit, S Cornwell, A Cooper, S Clough, J Birkin, J Barry, N Barker, W Armitage, P Antcliff

Against: 0

Abstentions: 0

RESOLVED –

That Council formally approved the Council Tax for the Financial Year 2023/24, as set out in the report.

Report of Councillor J Kenyon, Portfolio Holder for Economy, Transformation and Climate Change.

Council considered the Annual Audit Letter for the 2021/22 Financial Year. The report, which had been prepared by the Council’s External Auditors, Mazars LLP summarised the work carried out during the year. This included the audit of the Council’s Financial Statements, its Value for Money arrangements and Financial Sustainability.

Councillor J Kenyon and Councillor M E Thacker MBE JP moved and seconded a Motion that Council note the report.

The Motion was put to the vote and was approved by acclamation.

RESOLVED –

That Council noted the Auditors Annual Report for the Financial Year 2022-23, prepared by the Council’s External Auditors, Mazars LLP.

Managing Director and Head of Paid Service.

The Managing Director and Head of the Paid Service presented the Council’s Pay policy Statement for 2023-24. Members heard that the Statement set out the Council’s policy on pay for Senior Managers and other employees, as required under Section 38 of the Localism Act 2011 and Supplementary Guidance 2013.

Councillor A Dale and Councillor M Foster moved and seconded a Motion to approve the Pay Policy Statement. The motion was put to the vote and approved (by acclamation.)

RESOLVED –

That Council approved the Council’s Pay Policy Statement for 2023-24.

Report of the Assistant Director of Governance and Monitoring Officer.

The report of the Assistant Director of Governance and Monitoring Officer set out the recommendations of the recent Independent Review Panel (IRP) on the Council’s Members Allowance Scheme. The report explained that the Scheme provided for an annual increase in Allowances, based on the yearly pay award to employees. However, Council was reminded that as part of the current pay award employee pay had increased by a flat rate of £1925 rather than by a percentage figure. Consequently, it had been necessary for the Panel to recommend to Council how its Allowances should now be increased.

Members discussed the Independent Review Panel recommendations. As part of this Councillor A Dale as Leader of the Conservative Group indicated that his Members would have a free vote on whether or not to accept the Panel’s recommendations. In this context, he had agreed to move a Motion to support the recommendations, so that Council could decide if it wished to accept the proposed increase. The Leader of the Council made clear that he would vote against the increase. He explained his reasons for this and in particular, highlighted the financial challenges facing the Council and the District.

Councillor N Barker as Leader of the Labour Group also recognised the difficulty of the decision and indicated that this Group would have a free vote on the recommendations. He made clear that he would support the recommendations and would vote for them because it was important to respect the independence of the Panel.

Councillors R Hall, M E Thacker MBE JP and J Kenyon argued that the Council ought to respect the independence of the Review Panel and accept its recommendations, as it had done on previous occasions. They noted that the proposed increases to Members’ Allowances had been bench marked against other local authorities and would help to ensure that the District’s Councillors received fair and appropriate allowances.

Councillors D Hancock, R Shipman and D Ruff spoke against the recommendations. They felt that the proposed increase would be inappropriate, given the Cost of Living Crisis facing many people in the District and the financial pressures facing the Council.

At the conclusion of the discussion Councillor A Dale and Councillor C Cupit moved and seconded a motion to approve the Independent Review Panel’s recommendations, as set out in the report. The motion was put to the vote, which was taken as a recorded vote. The motion was approved.

For: 34

Councillors P Wheelhouse, R Welton, M Thacker MBE JP, K Tait, L Stone, B Strafford-Stephenson, K Rouse, M Roe, C Renwick, A Powell, M Potts, A Platts, S Pickering, G Morley, H Liggett, B Lewis, P R Kerry, J Kenyon, M Jones, L Hartshorne, R Hall, O Gomez Reaney, K Gillott, J Funnell, M Foster, A Foster, M Emmens, P Elliott, D Drabble, L Deighton, S Cornwell, A Cooper, J Birkin, N Barker, W Armitage

Against: 11

Councillors P Wright, P Windley, R Shipman, D Ruff, D Hancock, M Emmens, A Dale, C Cupit, S  ...  view the full minutes text for item COU/86/22-23

In accordance with Council Procedure Rule No 8 to allow members of the public to ask questions about the Council’s activities for a period up to fifteen minutes.  The replies to any such questions will be given by the appropriate Cabinet Member.  Questions must be received in writing or by email to the Monitoring Officer by 12pm (Noon) twelve clear working days before the meeting.

No questions have been submitted under Procedure Rule No 8 for this meeting.

There were no questions from the public.

In accordance with Council Procedure Rule No 9.2 to allow Members to ask questions about Council activities.  The replies to any such questions will be given by the Chair of the Council or relevant Committee or the appropriate Cabinet Member.  Questions must be received in writing or by email to the Monitoring Officer by 12pm (Noon) twelve clear working days before the meeting. 

No questions have been submitted under Procedure Rule No 9.2 for this meeting.

No questions were submitted.

In accordance with Council Procedure Rule No 10 to consider Motions on notice from Members.  Motions must be received in writing or by email to the Monitoring Officer by 12pm (Noon) twelve clear working days before the meeting. 

Motion ‘A’

Proposed by Councillor P Windley

Council notes;

-   Litter picking and street cleansing is within the remit of the District Council.

-   Over the years, the frequency of litter picking and street cleansing in North East Derbyshire has declined.

-   Because of this decline, Volunteers, Parish and Town Councils have been forced to take action themselves to try to combat the scourge of litter throughout the district.

Resolves;

-   For the District Council to produce a plan on how to improve street cleansing and properly resource litter picking.

-   To start a campaign to combat litter throughout North East Derbyshire.

Motion ‘B’

Proposed by Councillor D Hancock

Council notes the introduction of Voter Identification for the Local Elections on 4th May 2023.

The Elections Act 2022 will require voters to present an approved form of Photo ID at a polling station in order to vote. Acceptable ID includes passports, driving licenses, older persons bus passes and Voter Authority Certificates for those without an existing valid ID.

Council notes there is little evidence that voter fraud is a systemic issue in UK elections:

-   In the 2019 General, Local, European and Mayoral Elections only 4 convictions resulting from allegations of in-person voter fraud – out of 58 million votes cast.

-   In the 2021 Local Elections just one caution for election fraud was issued by the police.

Council fully agrees with the comments made by the Electoral Commission to the Government in September 2022 advising that the new rules could not “be delivered in a way which is fully secure, accessible and workable”, pointing out that 7.5% of voters do not currently hold an acceptable form of ID and over 1000 voters were denied the opportunity to vote during Voter ID trials in the 2018 and 2019 Local Elections.

Council is deeply concerned that the requirement to provide Photo ID will present a significant barrier for thousands of residents in North East Derbyshire to exercise their right to vote.

Council notes the acceptable forms of ID listed by the Government are weighted towards more affluent and older voters who are more likely to possess passports, driving licenses, older persons bus passes and senior PASS cards. Forms of photo ID most likely to be held by younger people (such as young persons railcards) have been excluded.

Council believes the rushed and last-minute timeframe in which this legislation has been enacted has put an enormous strain on staff and resources at  North East Derbyshire District Council to communicate the new rules to voters, provide Voter Authority Certificates to thousands of local residents and training polling station staff in the lead up to the 2023 Local Elections.

Council instructs the Managing Director, the Leader of the Council and other group leaders to write to  ...  view the full agenda text for item COU/89/22-23

MOTION ‘A’

Members considered a motion submitted by Councillor P Windley, which called on the Council to produce a plan on how to improve and properly resource litter picking. It also called on the Council to campaign against and combat litter across the District. The full text of Councillor P Windley’s Motion, set out as Motion ‘A’, was included on the agenda for the meeting.

The Deputy Leader of the Council and Portfolio Holder for Environmental Services, Councillor C Cupit, responded to the Motion. She praised the work of the Council’s Streetscene service and its excellent performance in carrying out Street Cleaning and Litter Picking across the District. The Council had maintained the frequency of this work, not reduced it. The Deputy Leader also highlighted the Council’s efforts to discourage littering and the enforcement action which had been against offenders. This included an increase in the fixed penalty amount for littering from £80 to £150.

Councillors H Liggett, A Foster, A Dale and, M Foster supported these views. They praised the work of Streetscene team and welcomed the added support provided by local people who wanted to help keep their communities clean.

Councillors N Barker, A Cooper, M Jones, and D Hancock supported the Motion. They stressed their support for Streetscene service and argued that the Council’s litter picking services would need to be properly resourced in order to tackle the ongoing problem.

Councillor P Windley used her right of reply to stress that the motion was not a criticism of Streetscene but emphasised that as littering had increased the problem would need to be properly addressed.

Councillor D Hancock seconded the Motion. He made clear that it was not a criticism of Streetscene, but recognition that more resources would be required in order to tackle the problem.

At the conclusion of the discussion the Motion was put to the vote and defeated.

MOTION ‘B’

Members considered a motion submitted by Councillor D Hancock which called on the Managing Director, the Leader of the Council and other Group Leaders to express the Council’s opposition to the introduction of Photo Identification for the Local Elections on Thursday 4 May 2023. The full text of Councillor D Hancock’s Motion, set out as Motion ‘B’, was included on the agenda for the meeting.

Councillor D Hancock moved the Motion. He raised concerns over the inconsistencies over what form of Photo ID could be used and how this might disadvantage younger people. He questioned whether the new rules were required, as most electoral fraud involved postal votes, which would not require Photo ID.

Councillor R Shipman seconded the Motion but reserved his right to speak.

Councillors S Cornwell and N Barker supported the Motion. They expressed their concern that the Photo Identification might make it more difficult for people to vote at polling stations. Concern was also expressed about the impact on polling station staff, if those seeking to vote without the necessary Photo Identification had to be turned away.

The Cabinet Portfolio Holder  ...  view the full minutes text for item COU/89/22-23

To consider any other matter which the Chair is of the opinion should be considered as a matter of urgency.

There was no urgent business.

The Chair to move:-

That the public be excluded from the meeting during the discussion of the following item(s) of business to avoid the disclosure to them of exempt information as defined in  Paragraphs 1 and 2, Part 1 of Schedule 12A to the Local Government Act 1972 (as amended by the Local Government (Access to Information) (Variation) Order 2006).

RESOLVED –

That the public be excluded from the meeting during the discussion of the following item(s) of business to avoid the disclosure to them of exempt information as defined in Paragraphs 1 and 2, Part 1 of Schedule 12A to the Local Government Act 1972 (as amended by the Local Government (Access to Information) (Variation) Order 2006).

Report of the Assistant Director of Governance and Monitoring Officer.

(Paragraphs 1 & 2)

Members gave consideration to an application by a Member of North East Derbyshire District Council for an extension of the dispensation from the ‘six month rule’ requiring them to attend meetings.

RESOLVED –

Council:

1. Determined that Councillor Bette Hill be granted an extension to the previously granted dispensation from attending meetings of the Council and its Committees under Section 85 of the Local government Act 1972.

2. That the dispensation granted to Councillor B Hill run for 6 months, commencing on Friday 10 March 2023 and expiring 9 May 2023.

3. That Councillor B Hill be informed of the Council’s decision on this matter (by acclamation).

To consider any other matter which the Chair is of the opinion should be considered as a matter of urgency.

There was no urgent business.