Agenda and minutes

Council
Wednesday, 9th October, 2013 7.00 pm

Venue: Council Chamber

Contact: James Kinsella  Email: James.kinsella@enfield.gov.uk

Items
No. Item

53.

ELECTION (IF REQUIRED) OF THE CHAIRMAN/DEPUTY CHAIRMAN OF THE MEETING

Minutes:

The election of a Chair/Deputy Chair of the meeting was not required. 

54.

MAYOR’S CHAPLAIN TO GIVE A BLESSING

The Mayor’s Chaplain to give a blessing.

Minutes:

Mohammad Tariq Sediq, from the Palmers Green Mosque and Muslim Community and Education Centre, gave the blessing.

55.

Mayor's Announcements (if any) in connection with the ordinary Council Business

Minutes:

The Mayor thanked Mohammad Tariq Sediq for offering the blessing and presented the following awards:

 

a.            National Stop Loan Shark Award

 

The Mayor was delighted to be able to congratulate the Trading Standards Team, Community Safety and Environment Division, for winning both the regional and national Stop Loan Shark Awards. 

 

The awards had been granted in recognition of the team’s work in raising awareness of money laundering and helping and supporting the people affected.  Trading Standards had worked with key partners including the Police, Citizens Advice Bureau, housing providers and the Department for Work and Pensions, providing over 30 advocate training sessions, to ensure that that residents can seek help from a wide range of local organisations. 

 

Sue McDaid, Head of Regulatory Services, and representatives from her team were presented with the award and congratulated by all members of the Council. 

 

b.           Pan London POP (Problem Orientated Policing) Award

 

The Mayor congratulated the Community Safety and Environment Division, working jointly with the Police and other partners, for winning the London Problem Orientated Policing Award, for their innovative work which had seen youth robbery in Enfield falling to a record low – dropping by 59.2% between 2009 and 2013. 

 

The initiative involved: teaching children, moving to secondary school, crime awareness, an anonymous on line reporting scheme, mobile CCTV cameras, providing diversionary activities for young people, truancy patrols and substance misuse programmes to rehabilitate offenders.  Anti-Social Behaviour Orders were also issued to known offenders. 

 

The Mayor presented the award to Iain Agar, Community Safety Analyst, Superintendent Louis Smith and representatives from the division and they were congratulated by the whole Council. 

 

c.            Institute of Rating, Revenues and Valuations Performance Awards 2013, Excellence in Innovation Gold and Bronze Awards

 

The Mayor was also pleased to announce that the Excellence in Innovation Gold Award had been awarded to the Council’s cap Team for the multi-agency work carried out in implementing the recent welfare reform changes, with particular focus on the welfare cap and social housing under-accommodation restrictions.  

 

Three Job Centre Plus officers were now based in the CAP Team.  Officers across the Council who provide welfare/benefit advice were identified and they were able to proactively target those most likely to be affected by the Benefit Cap by more than £100 per week, so that they could offer help and support and help mitigate the impact of the reforms on this group of people. 

 

In addition the Excellence in Innovation Bronze Award had been won by the Council Tax Team working in partnership with Experian to pilot Experian’s New Debt Prioritisation Service, targeting high value council tax arrears cases. 

 

The pilot focussed on 2,500 cases.  A small taskforce worked through each case and selected the most appropriate enforcement action.  Overall this resulted in a reduction in Council Tax arrears of over £1.5million.  As well as an increase in charging orders of over £1.1million, resulting in savings of £450,000 in bad debt provision.  The Government Annual Return of Council Taxes for 2012/13 placed Enfield as  ...  view the full minutes text for item 55.

56.

MINUTES pdf icon PDF 219 KB

To approve, as a correct record, the minutes of the Council meeting held on Wednesday 17 July 2013.

Minutes:

AGREED that the minutes of the Council meeting held on Wednesday 17 July 2013 be confirmed and signed as a correct record.

57.

APOLOGIES

Minutes:

Apologies for absence were received from Councillors Ali Bakir, Dogan Delman, Jonas Hall, Tahsin Ibrahim, Simon Maynard, Paul McCannah, Ozzie Uzoanya and Lionel Zetter.

 

Apologies for lateness were received from Councillors Henry Lamprecht, Martin Prescott and Rohini Simbodyal.

58.

DECLARATION OF INTERESTS

Members of the Council are invited to identify any disclosable pecuniary other pecuniary or non pecuniary interests relevant to items on the agenda.

Minutes:

John Austin, Assistant Director Corporate Governance, advised that any councillors who lived within a Controlled Parking Zone (CPZ) would need to consider whether they had an interest in relation to Motion 11.1 on the agenda (Resident Permit Parking Charges).  It was felt any interest would only qualify as an “other pecuniary interest” and members would therefore be able to remain in the meeting and participate in the debate and any vote on the item.

 

As a result of the advice received Councillors Toby Simon and Bambos Charalambous declared an “other pecuniary” interest in Motion 11.1, as residents living within a Controlled Parking Zone.

 

No other declarations of interest were made by members in relation to other items on the agenda.

59.

Change in order of Business

Minutes:

Councillor Yasemin Brett moved and Councillor Ann Marie Pearce seconded a proposal to change the order of business on the agenda under paragraph 2.2 (page 4-5) of the Council’s procedure rules to enable the meeting to take the following as the next items of business:

 

         Item 11.2: Motion in the name of Councillor Taylor on the opposition of the Council to the consequences of the Barnet, Enfield and Haringey Clinical Strategy and its impact upon Chase Farm Hospital and the residents of Enfield. 

 

The change in order of the agenda was agreed without a vote.

 

Please note the minutes reflect the order in which the item was dealt with at the meeting.

60.

MOTIONS

11.1    In the name of Councillor Neville:

 

"This Council notes the recent decision of the High Court in the case of Attfield v L B of Barnet, which ruled that increases in charges for residents permits by Barnet Council in 2011 were unlawful because Barnet's primary reason for imposing the increase was to raise additional income for highway maintenance and to contribute to the cost of concessionary fares.

 

This Council further notes that the report of the Director of Environment to Cabinet on 14 June 2010 proposed increases to residents parking permit charges and on street parking charges which the Cabinet approved. The June 2010 report which the Cabinet accepted, made plain the reason(s) for the proposed increases which were identical to those in the Barnet case, and must therefore be regarded as unlawful, which were repeated by Cllr Stafford, Cabinet Member for Finance, at a public meeting which was properly minuted by Democratic Services.

 

The Council notes that Barnet have as a result of the High Court ruling, decided to refund not just the claimant, Mr Attfield as they were ordered, but also to refund all residents who had paid the increased charges since their introduction. In the light of this the Council instructs the Director - Environment to make immediate arrangements for similar refunds to all affected Enfield residents."

 

11.2    In the name of Councillor Taylor:

 

“The Council reaffirms its general opposition to the consequences of the BEH Strategy and its impact upon Chase Farm Hospital and the residents of Enfield.

 

The Council also reaffirms its opposition to the decision of the Secretary of State for Health to ignore the views of the residents of Enfield and to continue to support the decision to remove A & E and Maternity services at Chase Farm Hospital, and particularly without the planned and necessary primary care improvements being made which were a precondition agreed by his predecessor.

 

The Council supports the commencement of legal proceedings to challenge this decision as advised by leading Counsel and agrees that action should be pursued expeditiously in light of criticism during previous proceedings in 2008.”

 

11.3    In the name of Councillor Charalambous:

 

“This Council notes that Enfield residents will be better off under a One Nation Labour Government rather than with the divisive policies being put forward by the other parties.”

 

11.4    In the name of Councillor Sit-in:

 

“Enfield Council's 2020 Action Plan seeks a 40% reduction in the borough's CO2 emissions by 2020 vs. a 2005 baseline, reflecting our conviction that it is a public responsibility to help incentivise eco-investment. In Enfield, this approach is contributing to the creation of new career opportunities in the construction and manufacturing sectors; our workforce is being equipped with useful, high value skills; even as we are doing what we can to fight global warming.

 

This Council invites representatives from the Department of Energy & Climate Change (DECC), Department of Environment, Food & Rural Affairs (DEFRA) and Department for Business, Innovation & Skills (BIS) to Enfield in the hope that they  ...  view the full agenda text for item 60.

Minutes:

1.1     Councillor Taylor moved and Councillor Ann Marie Pearce seconded the following motion:

 

The Council reaffirms its general opposition to the consequences of the Barnet Enfield and Haringey (BEH) Clinical Strategy and its impact upon Chase Farm Hospital and the residents of Enfield.

 

The Council also reaffirms its opposition to the decision of the Secretary of State for Health to ignore the views of the residents of Enfield and to continue to support the decision to remove Accident and Emergency and Maternity services at Chase Farm Hospital, and particularly without the planned and necessary primary care improvements being made which were a precondition agreed by his predecessor.

 

The Council supports the commencement of legal proceedings to challenge this decision as advised by leading Counsel and agrees that action should be pursued expeditiously in light of criticism during previous proceedings in 2008.”

 

Having been moved and seconded the motion was then put to the vote and unanimously agreed, with no abstentions.

61.

Scrutiny Annual Work Programme 2013/14 pdf icon PDF 437 KB

To receive a report from the Overview & Scrutiny Committee setting out the annual programme for the Council’s Scrutiny Panels and Overview and Scrutiny Committee.  (Report No.58)

 

Members are asked to note that the report was considered and approved for recommendation onto Council by Cabinet on 18 September 2013.

Minutes:

Councillor Toby Simon moved and Councillor Michael Rye seconded the report from the Overview and Scrutiny Committee (No: 58) setting out the annual programme for the Council’s Scrutiny Panels and Overview and Scrutiny Committee. 

 

NOTED

1.            The report had been considered and approved for recommendation on to Council by Cabinet on 18 September 2013.

2.            The thanks expressed by Councillor Simon, as Chair of Overview and Scrutiny Committee, for the work undertaken by all scrutiny members in support of the scrutiny function and for the bipartisan approach towards scrutiny, which it was felt represented a a good example of members working effectively together.

3.            The work programme would be kept under review and changes made as required throughout the year.

4.            The opportunities provided through the scrutiny system for members to examine areas of interest and make a difference through a wide range of detailed and overarching reviews.

5.            The thanks expressed on behalf of the other Scrutiny Chairs to members on their respective Panels as well as officers for their support and efforts in delivering the work programme and in terms of providing good opportunities for public engagement.

 

AGREED that Council formally adopt the annual Scrutiny Work Programme 2013/14, as detailed in Appendix 1 to the report.

62.

References from the Members & Democratic Services Group - Amendments to Constitution: Executive Meeting Regulations & Local Authorities (Functions & Responsibilities) Order 2000 pdf icon PDF 184 KB

To receive a report from the Director of Finance Resources & Customer Services seeking approval of amendments to the Constitution relating to changes introduced as a result of the Local Authorities (Executive Arrangements) (Meetings & Access to Information) Regulations 2012, in the following areas:

 

·                The Access to Information Rules (Chapter 4.6) & Citizens Rights section (Chapter 2.3)

 

·                The introduction of a policy relating to the filming and recording of public Council, Cabinet, Scrutiny, other Committee & Forum meetings

 

Members are asked to note that the above changes recommended in the report were considered and approved for reference on to Council by the Members & Democratic Services Group (3 September 2013).

 

In addition Council is being asked to approve an additional amendment to the Constitution relating to the level at which future decisions are taken on the establishment of companies under the Local Authorities (Functions & Responsibilities) Order 2000.          (Report No.106)

 

 

Additional documents:

Minutes:

Councillor Simon moved and Councillor Georgiou seconded a  report from the Director of Finance, Resources & Customer Services (No.106) seeking approval of amendments to the Constitution relating to changes introduced as a result of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) Regulations 2012 in the following areas.

 

·                Executive meetings, publication of documents and access to them by the public, councillors and scrutiny members; and

 

·                The introduction of a policy relating to the filming and recording of public Council, Cabinet, Scrutiny, other Committee & Forum meetings

 

In addition Council was also asked to consider an additional amendment to the Constitution relating to the way in which future decisions on the establishment of companies, trusts and acquisition of share capital by the Council were taken, under the Local Authorities (Functions & responsibilities) Order 2000.

 

NOTED

1.         The changes arising from the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012, as detailed in sections 3.1 and 3.2 of the report, had been considered and approved for recommendation on to Council by the Members & Democratic Services Group (3 September 2013).

2.         The recommended changes had been designed not only to comply with the requirements of the Executive Meeting Regulations but also to reflect good practice in operation of the procedures and assist the Council in managing its business in as efficient and effective a way as possible.

3.         The Policy in relation to filming of meetings had been designed to take account of guidance issued by the Department of Communities & Local Government, and whilst allowing filming to be undertaken would require this to be subject to advance notice and to be undertaken in a way that would not disrupt the conduct of any meeting.

4.         The recommendation in relation to the decision making process for the establishment of companies (as detailed within section 3.3 of the report) had not been subject to formal consideration by the Members & Democratic Services Group.  John Austin (Assistant Director Corporate Governance) advised members that this had arisen as a result of external legal advice, originally provided in relation to an unrelated matter.  The legal opinion provided was that under the terms of the Local Authorities (Functions & Responsibilities) Order 2000 this was a matter that should be treated as a power of the Executive rather than full Council.

5.         The concern expressed by the Opposition Group, in relation to 4. above, at the limited consultation with members on the proposal in advance of the meeting, with further detail requested on the legal advice and any potential decisions planned that the recommended change would impact upon.  As a result, it was agreed that the recommended change should be withdrawn from consideration at the meeting and referred for more detailed consideration by the Members & Democratic Services Group in advance of any final decision being made.

 

AGREED

 

(1)       To approve the amended Access to Information Rules (Chapter 4.6 in the Constitution) and the Citizens Rights section (Chapter 2.3 in the Constitution) attached as Appendix 1 Appendix 2 of the  ...  view the full minutes text for item 62.

63.

Reference from Members & Democratic Services Group - Amendment to Constitution: Review of Scrutiny Terms of Reference pdf icon PDF 248 KB

To receive a report from the Director of Finance Resources & Customer Services seeking approval of amendments to the Scrutiny section within the Constitution resulting from:

 

·                Changes introduced under the Health & Social Care Act 2012 & Local Authority (Public Health, Health & Wellbeing Boards and Health Scrutiny) Regulations 2013.

 

·                A general review of the Scrutiny Terms of Reference.

 

(Report No.69A)

 

Members are asked to note that the changes recommended in the report were considered and approved for reference on to Council by the Members & Democratic Services Group (3 September 2013).

Minutes:

Councillor Simon moved and Councillor Cazimoglu seconded the report (Report No: 69A) from the Director of Finance, Resources and Customer Services seeking approval of amendments to the Scrutiny Section within the Constitution resulting from:

 

·                Changes introduced under the Health & Social Care Act 2012 & Local Authority (Public Health, Health & Wellbeing Boards and Health Scrutiny) Regulations 2013.

 

·                A general review of the Scrutiny Terms of Reference.

 

NOTED

1.         The revised copy of Appendix B to the report tabled at the meeting, which incorporated a number of additional drafting changes.  The recommended changes included alterations to the terms of reference of the Health and Wellbeing Scrutiny Panel to reflect the changes in the National Health Service, alterations to the list of organisations that would be subject to scrutiny and the inclusion of greater flexibility in terms of the process for referring matters related to any “substantial service change” to the Secretary of State for Health.

2.         That the recommended changes had been considered and approved for reference on to Council by the Members & Democratic Services Group (3 September 2013).

 

AGREED

 

(1)       Council continues to discharge its powers of scrutiny on such matters designated within the Health and Social Care Act 2012 through the Health and Wellbeing Scrutiny Panel (as set out in section 4 to the report).

 

(2)       The revised terms of reference for the Health and Wellbeing Scrutiny Panel and other constitutional changes within the Scrutiny Procedure Rules as set out in Appendix B (as amended) of the report.

64.

COUNCILLORS’ QUESTION TIME (Time Allowed - 30 minutes) pdf icon PDF 433 KB

10.1    Urgent Questions (Part 4 - Paragraph 9.2.(b) of Constitution – Page 4-9)

 

With the permission of the Mayor, questions on urgent issues may be tabled with the proviso of a subsequent written response if the issue requires research or is considered by the Mayor to be minor.

 

Please note that the Mayor will decide whether a question is urgent or not.

 

The definition of an urgent question is “An issue which could not reasonably have been foreseen or anticipated prior to the deadline for the submission of questions and which needs to be considered before the next meeting of the Council.”

 

Submission of urgent questions to Council requires the Member when submitting the question to specify why the issue could not have been reasonably foreseen prior to the deadline and why it has to be considered before the next meeting.  A supplementary question is not permitted.

 

10.2    Councillors’ Questions (Part 4 – Paragraph 9.2(a) of Constitution – Page 4 - 8)

 

The list of thirty nine questions and their written responses have been attached to the agenda.

Minutes:

1.1    Urgent Questions

 

None received.

 

1.2    Questions by Councillors

 

NOTED

 

1.      The thirty nine questions on the Council’s agenda which had received a written reply from the relevant Cabinet Member.

 

2       The following supplementary questions and responses received for the questions indicated below:

 

Question 1 (UK Commissioners Office Code of Practice) from Councillor Lavender to Councillor Stafford, Cabinet Member for Finance and Property

 

What were the reasons for the delay in supplying a full unredacted copy of the Information Commissioner’s Office (ICO) Report (dated 25 July 2013) to the Opposition Group in relation to the investigation into the discovery of sensitive personal data at Southgate Town Hall?

 

Reply from Councillor Stafford

 

“The conclusions from the ICO investigation have been detailed within the written response provided on the agenda.  This included the fact that it was not possible for the Council, Independent Auditors or ICO to conclude exactly what happened and that the ICO had not felt it appropriate to take any formal regulatory action.”

 

Councillor Stafford advised that a supplementary written response would need to be provided in relation to the timing of the release of the full report to the Leader of the Opposition, which would be provided after the meeting.

 

Question 2 (Brimsdown Sports Ground) from Councillor Simon to Councillor Bond, Cabinet Member for Environment

 

Does Councillor Bond agree that (a) it is unacceptable for the Council to be left with the problem of addressing the mess resulting from the works affecting the sports field undertaken by the tenant without prior consent of the Council or Planning permission having been obtained; and (b) the work undertaken by officers to resolve the problems and address the significant impact on local residents so quickly should be commended.

 

Response from Councillor Bond

 

“Yes.  I would agree with all these statements.”

 

Question 3 (Staff sickness absence) from Councillor Neville to Councillor Stafford, Cabinet Member for Finance & Property

 

Does the Cabinet Member agree that the written response he has provided reveals a shocking state of affairs and can he provide me with details, in financial terms, about how much sickness absence has cost the Council in the years 2010/11, 2011/12, 2012/13?

 

Response from Councillor Stafford

 

“There is a need to recognise that the level of sickness absence across the Council has reduced over the last 3 years and the Council continues to work closely with the Trade Unions in managing sickness absence.”

 

Councillor Stafford advised that a supplementary written response would need to be provided after the meeting in relation to the additional information requested on costs.

 

Question 4 (Mini Holland Cycling Project) from Councillor Sitkin to Councillor Taylor, Leader of the Council

 

Can the Leader update Council on the outcome of the recent meeting with Andrew Gilligan, Cycling Commissioner at the Greater London Assembly? 

 

Response from Councillor Taylor

 

“The deadline for submission of bids has now been extended by an additional 2 week period.  I would like to thank Councillor Lavender for co-signing the bid and Councillors Laban and Bond for  ...  view the full minutes text for item 64.

65.

Motions

Minutes:

1.         Councillor Neville moved and Councillor Laban seconded the following motion:

 

"This Council notes the recent decision of the High Court in the case of Attfield v L B of Barnet, which ruled that increases in charges for residents permits by Barnet Council in 2011 were unlawful because Barnet's primary reason for imposing the increase was to raise additional income for highway maintenance and to contribute to the cost of concessionary fares.

 

This Council further notes that the report of the Director of Environment to Cabinet on 14 June 2010 proposed increases to residents parking permit charges and on street parking charges which the Cabinet approved. The June 2010 report which the Cabinet accepted, made plain the reason(s) for the proposed increases which were identical to those in the Barnet case, and must therefore be regarded as unlawful, which were repeated by Cllr Stafford, Cabinet Member for Finance, at a public meeting which was properly minuted by Democratic Services.

 

The Council notes that Barnet have as a result of the High Court ruling, decided to refund not just the claimant, Mr Attfield as they were ordered, but also to refund all residents who had paid the increased charges since their introduction. In the light of this the Council instructs the Director - Environment to make immediate arrangements for similar refunds to all affected Enfield residents."

 

As a result of comments relating to the potential for legal action against the Council made during the motion being moved by Councillor Neville, Councillors Bond & Taylor reported that they had been advised it would be inappropriate (in terms of defending the interests of the Council) to engage in any further debate on the motion unless an assurance was provided that no legal action was planned against the Council on this issue.

 

As no assurance was provided the motion was put to the vote without any further debate and not approved, with the following result:

 

For: 19

Against: 29

Abstentions: 0

 

2.      Councillor Charalambous moved and Councillor Sitkin seconded the following motion:

 

“This Council notes that Enfield residents will be better off under a One Nation Labour Government rather than with the divisive policies being put forward by the other parties.”

 

Following a debate the motion was put to the vote and agreed with the following result:

 

For: 30

Against: 20

Abstentions: 0

 

3.         Councillor Sitkin moved and Councillor R. Hayward seconded the following motion:

 

“Enfield Council's 2020 Action Plan seeks a 40% reduction in the borough's CO2 emissions by 2020 vs. a 2005 baseline, reflecting our conviction that it is a public responsibility to help incentivise eco-investment. In Enfield, this approach is contributing to the creation of new career opportunities in the construction and manufacturing sectors; our workforce is being equipped with useful, high value skills; even as we are doing what we can to fight global warming.

 

This Council invites representatives from the Department of Energy & Climate Change (DECC), Department of Environment, Food & Rural Affairs (DEFRA) and Department for Business, Innovation & Skills (BIS)  ...  view the full minutes text for item 65.

66.

MEMBERSHIPS

To confirm the following changes to committee memberships:

 

(a)    Older People and Vulnerable Adults Scrutiny Panel

 

Councillor R.Hayward to fill current vacancy.

 

(b)      Green Belt Forum

 

Councillor During to be replaced (name to be notified).

Minutes:

AGREED to confirm the following changes to committee memberships:

 

(1)       Older People and Vulnerable Adults Scrutiny Panel

 

Councillor R. Hayward to fill the current vacancy. 

 

(2)       Green Belt Forum

 

Councillor Brett to replace Councillor During.

 

(3)       Housing Growth and Regeneration Scrutiny Panel

 

Councillor Bearryman to replace Councillor Lemonides.

 

(4)       Licensing Committee

 

Councillor Lamprecht to be replaced by a vacancy. 

67.

NOMINATIONS TO OUTSIDE BODIES

To confirm the following changes to nominations to outside bodies:

 

(a)    Newlon Housing Association

 

Councillor McGowan to replace Councillor Bearryman

Minutes:

AGREED to confirm the following changes to outside bodies: 

 

Newlon Housing Association - Councillor McGowan to replace Councillor Bearryman. 

68.

Called in decisions

None received.

Minutes:

None received.  

69.

DATE OF NEXT MEETING

To note that the next meeting of the Council will be held on Wednesday 27 November 2013 at 7.00 p.m. at the Civic Centre.

Minutes:

NOTED that the next meeting of the Council would be held at 7.00pm on Wednesday 27 November 2013 at the Civic Centre.

70.

Amendment Sheet pdf icon PDF 841 KB