Agenda item

To consider any Motions from Members under Procedure Rule No 10

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 12 noon seven clear working days before the meeting. 

 

(a)       Motion proposed by Councillor Ross Shipman, seconded by Councillor Pam Windley

 

            “Council notes:-

 

            The sale and redevelopment of council owned land and the resultant mix of executive homes and affordable housing on such plots.  That a significant number of these properties are outside the affordability of many North East Derbyshire residents. 

 

            The Liberal Democrats believe that such sales are not in the interests of the residents of North East Derbyshire as they fall significantly short of meeting the needs to existing local residents. 

 

            Council resolves:-

 

            That future sales of council owned land for development will only be condition that 100% of the proposed development will be for social and affordable housing”. 

 

(b)       Motion proposed by Councillor David Hancock, seconded by Councillor Ross Shipman

 

            “Council notes:-

 

            The wording of rule 12.13 – Personal Explanation in the Council’s Constitution that there is no provision within the Constitution for Members to correct misleading or untrue statements made about them during the course of a meeting. 

 

            Council believes:-

 

            That this lack of provision, however unintentionally, enables misrepresentation of elected Members in Council and adversely impacts on public perception of their elected representatives. 

 

            Council resolves:-

 

            That rule 12.13 be amended to:-  A Councillor may make a personal explanation at any time.  A personal explanation shall relate to some material part of any comment made during debate, which:-

 

(a)     may have been made by the Member and appear to have been misunderstood in the present date.

(b)     to correct any misleading or untrue statement made by any other Member during the present debate. 

 

            The ruling of the Chair of the Council on the admissibility of a personal explanation will be final”. 

 

(c)       Motion proposed by Councillor Pam Windley, seconded by Councillor David Hancock

 

            “Council notes:-

 

            That there are still a number of business and community premises around North East Derbyshire which lack adequate disabled access.  That a number of these premises are struggling to find appropriate support in accessing grants and funding to enable them to make the appropriate changes. 

 

            Council resolves:-

 

            To undertake a review into disabled access and walkways around the District and to work with all relevant stakeholders to make adjustments, where necessary”.   

 

 

Minutes:

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 12 noon seven clear working days before the meeting. 

 

Three motions had been submitted under Procedure Rule No 10 for this     meeting and were considered in the order submitted.

 

(a)        Motion proposed by Councillor Ross Shipman

 

“Council notes:-

 

The sale and redevelopment of council owned land and the resultant mix of executive homes and affordable housing on such plots.  That a significant number of these properties are outside the affordability of many North East Derbyshire residents. 

 

The Liberal Democrats believe that such sales are not in the interests of the residents of North East Derbyshire as they fall significantly short of meeting the needs of existing local residents. 

 

Council resolves:-

 

That future sales of council owned land for development will only be conditional that 100% of the proposed development will be for social and affordable housing”. 

 

In presenting his motion to Council, Councillor Ross Shipman made note of a report issued in January 2019 by Shelter which stated the need for 3 Million social and affordable homes to be built over the forthcoming 20 years.  He advised that with only 7000 built within the whole of England during 2019, there was a long way to go to meet this figure and urged Members to support the motion and allow North East Derbyshire to lead the way with this initiative.  The motion was duly seconded by Cllr Pam Windley, who reserved her right to speak.

 

Cllr Richard Welton opposed the motion on the basis that passing the motion would have a direct consequence to end shared ownership and help to buy/build schemes operated by the Authority.  The Council operated a mixed-tenure scheme to ensure success and sustainability of new housing development schemes for many reasons.

 

Cllr Nigel Barker supported the principal of the motion, but was aware of the practicalities involved and the needs for mixed-tenure social housing, and therefore indicated his abstention.

 

Cllr David Hancock expressed his view that adopting the motion would not end shared ownership and help to buy/build schemes as this would be applicable purely on Council-owned land.  He believed that current arrangements did not address the needs of local residents.

 

On being put to the vote, the motion fell.

 

 

 

 

 

 

(b)        Motion proposed by Councillor David Hancock

 

            “Council notes:-

 

The wording of rule 12.13 – Personal Explanation in the Council’s Constitution, that there is no provision within the Constitution for Members to correct misleading or untrue statements made about them during the course of a meeting. 

 

Council believes:-

 

That this lack of provision, however, unintentionally, enables misrepresentation of elected Members in Council and adversely impacts on public perception of their elected representatives.

 

Council resolves:-

 

That rule 12.13 be amended to:-  A Councillor may make a personal explanation at any time.  A personal explanation shall relate to some material part of any comments made during debate, which:-

 

(a)     may have been made by the Member and appear to have been misunderstood in the present date.

(b)     to correct any misleading or untrue statement made by any other Member during the present debate.

 

The ruling of the chair of the Council on the admissibility of a personal explanation will be final”

 

In presenting his motion to Council, Councillor David Hancock expressed his view that this matter required addressing to resolve misinterpretations within the Chamber.  Councillor Ross Shipman duly seconded the motion.

 

Councillor Alex Dale, Portfolio Holder for Council Services, advised that at first glance he had seen merit in the proposals, but on closer inspection deemed that the amendments suggested would weaken a rule that was already mis-used.  He believed that the amendment within the motion would allow for additional opportunities for Councillors to add to debate for more political air time.

 

Councillor Nigel Barker agreed with the essence of Councillor Dale’s objections and expressed that such a discussion around this rule should take place through the Standards Committee.

 

On being put to the vote, the motion fell.

           

(c)       Motion proposed by Councillor Pam Windley

 

“Council notes:-

 

That there are still a number of business and community premises around North East Derbyshire which lack adequate disabled access.  That a number of these premises are struggling to find appropriate support in accessing grants and funding to enable them to make the appropriate changes. 

 

Council resolves:-

 

To undertake a review into disabled access and walkways around the District and to work with all relevant stakeholders to make adjustments, where necessary”. 

 

Councillor Pam Windley presented her motion as written, which was duly seconded by Councillor David Hancock and requested resources to help small businesses to access grant funding.

 

Councillor Barry Lewis, Portfolio Holder for Partnerships and Leisure, supported the sentiments within the motion put, recognising the needs of the 22% of the district’s population that presented limitations due to ill-health, but noting that those limitations may not all be physical.  He continued to confirm that it was a legal requirement on businesses to comply with the Equality Act 2010 requirements to provide access for disabled customers, and it was not within the Council’s remit to finance, audit or facilitate this. It would be unreasonable in terms of staff time and capital investment to undertake to do this. The Council ensured that all its facilities complied with the provisions of the Act and reviewed all facilities used for polling stations.

 

Cllr Lewis indicated that a number of public funders were available for businesses to access grant funding, however, it would be unusual for this funding to be available to assist in meeting the legal obligations of the Equality Act.  The Council was able to signpost businesses to other organisations that may be able to assist.  North East Derbyshire also provided funding to third sector organisations whose remit was to assist in helping source funding, and recommended businesses to seek help through these, or access lottery funding. On the basis of his statements, Cllr Lewis proposed an amendment:

 

AMENDMENT

 

“Council notes:-

 

That there are still a number of business and community premises around North East Derbyshire which lack adequate disabled access.  That WE CAN SIGNPOST PREMISES THAT a number of these premises are struggling to find appropriate support in accessing grants and funding to enable them to make the appropriate changes. 

 

Council resolves:-

 

To undertake a review into disabled access IN NORTH EAST DERBYSHIRE DISTRICT COUNCIL BUILDINGS and walkways around the District and to work with all relevant stakeholders to make adjustments, where necessary”. 

 

Councillor Martin Thacker MBE JB duly seconded the amendment and outlined the Council’s work that was being implemented after being the first Council to sign the British Sign Language Charter to improve accessibility for deaf residents.  This work included creating an access guide for disabled visitors to the area and auditing our access provision for local residents.  He hoped that the work undertaken, work still to be carried out, and the amendment to the motion, would reflect the needs of the whole 22% of disabled residents, including those with every kind of impairment (for example - sensory).

 

Cllr Nigel Barker advised his support to this amendment, and was in tune with the previous Administration’s objectives to support disabled residents. Cllr Jeff Lilly also gave testament to the work of the Authority to date.

 

Councillor David Hancock was supportive of the amendment put, and indicated his congratulations on the work undertaken.

 

On being put to the vote, the amendment was carried to become the substantive motion, which was voted on and agreed.  It was further noted that Cllr Windley would be invited to input in to the review.

 

RESOLVED that:

 

(1)          it be noted that there are still a number of business and community premises around North East Derbyshire which lack adequate disabled access.  That we can signpost premises that are struggling to find appropriate support in accessing grants and funding to enable them to make the appropriate changes; and

 

(2)        a review be undertaken into disabled access in North East Derbyshire Council             buildings and make adjustments, where necessary.