Agenda and minutes

In the unavoidable absence of the Mayor’s Chaplain, opening Prayers were taken by Father R. Wakeling.  In the course of Prayers, Father Wakeling referred to Councillor Miss Bednell’s bereavement following the recent death of her mother, Mrs Evelyn Bednell, former Mayoress of the Borough in the Municipal Year 1986/87.  The funeral of Mrs Bednell was to take place on Friday 13 May 2005.

[NOTE:  At the commencement of the meeting the Mayor, Councillor Mrs Champagnie, made a statement regretting that a document had been circulated on behalf of the Labour Group without notice of it having been afforded to her as Chair.  The Leader of the Council and of the Labour Group, Councillor N. Shah, apologised for any breach of etiquette in this regard].

To elect a Mayor of the Borough for the Municipal Year 2005/2006.

[Local Government Act 1972:  Schedule 2, Paragraph 3(1)]

The Mayor, Councillor Mrs Champagnie, called formally for nominations for the Office of the Mayor of the London Borough of Harrow for the ensuing Municipal Year.

Councillor Navin Shah nominated and Councillor Ann Groves seconded that COUNCILLOR ASAD OMAR, the Deputy Mayor, be elected Mayor for the Municipal Year 2005/06.

Councillor Branch nominated and Councillor C. Mote seconded that COUNCILLOR MISS PADDY LYNE be elected Mayor for the Municipal Year 2005/06.

There being no further nominations the Mayor invited other Members to speak in favour of either nominee.  A number of Members accordingly spoke in favour of each candidate.

Following these speeches, the Mayor, Councillor Mrs Champagnie, asked for a vote by a show of hands.  The vote was recorded as 31 for Councillor Omar and 32 for Councillor Miss Lyne.

The Mayor declared Councillor Miss Lyne as duly elected Mayor for 2005/06.

RESOLVED:

THAT COUNCILLOR MISS PATRICIA MAY LYNE BE ELECTED MAYOR OF THE LONDON BOROUGH OF HARROW FOR THE MUNICIPAL YEAR 2005/2006.

The retiring Mayor, Councillor Mrs Champagnie, vacated the Chair and, after a short interval for robing, the newly elected Mayor, having made and subscribed the Declaration of Acceptance of Office, took the Chair.

The retiring Mayor handed to the duly elected Mayor, the Keys of the Corporate Seal.

The Mayoress, Mrs Mary Graham, was then invested by the retiring Mayor’s Consort with her Medallion of Office.

The Mayor, Councillor Miss Lyne, then returned her thanks for her election.

Councillor C. Mote formally moved a vote of thanks to the retiring Mayor, Councillor Mrs Champagnie and to the retiring Mayor’s Consort, Mr. Clive Champagnie, which was seconded by Councillor D. Ashton.

Councillors N. Shah, Mrs Bath, Branch, Dighé, Seymour, Jean Lammiman, Osborn, Silver, Mark Ingram and Toms also endorsed the vote of thanks to Councillor Mrs and Mr. Champagnie for their Mayoral Year.

RESOLVED:

THAT THE COUNCIL PLACE ON RECORD ITS UNANIMOUS APPRECIATION OF AND SINCERE THANKS TO COUNCILLOR MRS LURLINE CHAMPAGNIE AND MR. CLIVE CHAMPAGNIE FOR THEIR YEAR OF OFFICE AS MAYOR AND MAYOR’S CONSORT OF THE LONDON BOROUGH OF HARROW FOR 2004/2005.

Councillor Mrs Champagnie congratulated the incoming Mayor, Councillor Miss Lyne, on her appointment to the Office of Mayor.  She expressed her appreciation and gratitude to the London Borough of Harrow for having elected her as Mayor for the past year, and felt thrilled to wear the mantle of Mayor.

In recalling her Mayoral Year, Councillor Mrs Champagnie referred especially to the many functions she had attended and the opportunities to meet the people of the Borough.  She had been impressed by the generosity and kindness of the people of the Borough and the welcome given everywhere to the Mayor. 

In her speech she highlighted some of her engagements she had attended and thoroughly enjoyed.  In particular the visit by Her Majesty The Queen and His Royal Highness The Duke of Edinburgh to mark the 50^th Anniversary of the Borough’s Charter, when she was Deputy Mayor, awarding the Freedom of the Borough to Sir Roger Bannister to mark the fiftieth anniversary of his 1954 world record mile run, the Mayoress’s Committee Ball and many other fundraising events.

In her speech she offered her special thanks to the Mayoral staff, Mrs Ball, Mrs Gresty, Mr Deans and Mr Carlin and other staff for their dedication, support and guidance.

Councillor Mrs Champagnie also wished to thank the Chief Executive and her staff, the Legal Department, and all the staff of the London Borough of Harrow for their assistance, guidance and advice.

And finally, she expressed his heartfelt thanks to her husband, consort and best friend, Clive for the support and encouragement he had given to her in her role as Mayor. 

In conclusion, Councillor Mrs Champagnie extended her thanks to her friends, her family and neighbours and Harrow Communities for making her Mayoral Year special.

The Mayor, Councillor Miss Lyne, on behalf of the Council presented a replica of the Mayor’s Medallion to Councillor Mrs Champagnie in commemoration of her Mayoralty of the Borough 2004/05.

The Mayoress, Mrs Mary Graham, presented to the immediate past Mayor’s Consort, Mr. Clive Champagnie, a Medallion to commemorate his year as Mayor’s Consort of the Council 2004/05.

To receive the Mayor’s intimation in writing of the appointment of a Councillor of the Borough to be Deputy Mayor.

[Local Government Act 1972:  Schedule 2, Paragraph 5(1) and (2)]

The Mayor signified in writing that she had appointed Councillor Mary John to be Deputy Mayor for the Municipal Year 2005/06.

The Deputy Mayor, having been duly invested with the Deputy Mayor’s robe and Badge of Office, occupied the Deputy Mayor’s Chair.

The Mayoress then invested the Deputy Mayoress, Mrs Tasneem Rasheed, with her Medallion of Office.

The Deputy Mayor, Councillor Mary John, then returned thanks for her appointment.

To receive, the Mayor’s announcement concerning a Chaplain (as may be appropriate).

[Note:  The Order of Proceedings for Items 1-3 above is to follow].

The Mayor confirmed to the Council that she had appointed the Reverend Terence Handley MacMath as her Mayor’s Chaplain for the Municipal Year 2005/06.

Paragraph 7.03 of Article 7 provides for the annual appointment of the Leader of the Council.

(i)                 The Council is requested to agree the re-appointment of a Leader of the Council.

(ii)               The Council is requested also to agree the re-appointment of a Deputy Leader of the Council.

For the information of the Council, the Groups have notified the following appointments-

FOR DECISION

Further to Item 4 on the Council Summons and the provisions of Article 7 of the Constitution (“The Executive”), Paragraph 7.03 thereof provided for the annual appointment of the Leader of the Council.

RESOLVED:

THAT COUNCILLOR NAVIN SHAH BE RE-ELECTED LEADER OF THE COUNCIL FOR THE MUNICIPAL YEAR 2005/06.

Item 4 on the Annual Council Summons also proposed that the Meeting consider the appointment of a Deputy Leader of the Council.

RESOLVED:

THAT COUNCILLOR DIGHÉ BE RE-ELECTED DEPUTY LEADER OF THE COUNCIL FOR THE MUNICIPAL YEAR 2005/06.

RESOLVED:

THAT THE CONFIRMATION PROVIDED BY THE THREE POLITICAL GROUPS OF THEIR RESPECTIVE LEADERS AND DEPUTY LEADERS FOR THE MUNICIPAL YEAR 2005/06 BE NOTED AS FOLLOWS:

To receive the proposals from the Leader of the Council.

(This is to follow).

Under Article 7 of the Constitution the Executive Functions for the following Municipal Year are reported to Annual Council by the Leader.  Further to Item 5 on the Summons, the confirmation provided in a document circulated within the first Supplemental Summons and a tabled revision of nominations on behalf of the Liberal Democrat Group, it was,

RESOLVED:

(1)  THAT THE EXECUTIVE (CABINET) MEMBERSHIP AND RELATED REVISED PORTFOLIOS BE APPROVED FOR 2005/06 (as set out in Appendix 1 to these Minutes);

(2)  THAT THE INFORMATION IN RESPECT OF THE PROPOSED EXECUTIVE COMMITTEES, ADVISORY PANELS AND CONSULTATIVE PANELS FOR 2005/06, INCLUDING THE ESTABLISHMENT OF A HARROW BUSINESS CONSULTATIVE PANEL, AND THE DELEGATIONS TO OFFICERS, BE NOTED.

That (1) the minutes of the meeting held on 21 April 2005, having been circulated, be taken as read and signed as a correct record.

[Notes:  (i)  The Council minutes of 21 April 2005 will be circulated within Volume  11 of the Cabinet and Council Minutes (April 2004/05);

(ii)  those minutes are also now enclosed with the Summons].

RESOLVED:

THAT THE MINUTES OF THE PREVIOUS COUNCIL MEETING HELD ON 21 APRIL 2005, HAVING BEEN CIRCULATED, BE TAKEN AS READ AND SIGNED AS A CORRECT RECORD.

To receive any communications from the newly elected Mayor as to the Civic Functions for the Municipal Year 2005-06.

[ NOTE: It is anticipated that the dates of Civic Functions for 2005/06 will be confirmed to Members of Council in the week following the Annual Council Meeting ].

Council noted that the newly elected Mayor, Councillor Miss Lyne, would shortly be confirming the dates of the principal Civic Functions for the Municipal Year 2005/06 and that these would be notified to elected Members within the following week to this Annual Meeting.

Additionally, formal confirmation of the Mayor’s Special Charity Appeal would be advised.

To consider any announcements as to the Authority’s business which the Leader of the Council requires to advise at this Council Meeting.

It was noted that there were no announcements to be made by the Leader of the Council.

Councillor Lent notified a prejudicial interest in relation to the subject matter of the Motion included at Item 18 on the Council Summons, for which Item he would withdraw from the Council Chamber and take no part in its consideration.

RESOLVED:

THAT THE DECLARATION OF INTEREST NOW ADVISED BE RECEIVED AND NOTED.

(1)               DECLARATIONS OF INTEREST:  To receive declarations of personal or prejudicial interests, arising from the remaining business to be transacted at this Annual Meeting of the Council, from all Members present.

(2)               PROCEDURAL MOTIONS: To receive and consider any procedural motions by Members of the Council under the relevant Council Procedure Rules in relation to the conduct of the remaining business for this Annual Meeting of the Council.  

The Motion at Item 18 on the Council Summons was qualified by Council Rule 15.6, under which the Motion stood referred to the Executive, the subject matter being within its delegated powers.

Councillor Mark Ingram moved a procedural motion that the effect of Rule 15.6 be disapplied, to enable the Motion to be debated at this Annual Council Meeting.

Having been put to a vote, the procedural motion was carried.

RESOLVED:

THAT COUNCIL RULE 15.6 BE NOT APPLIED TO THE MOTION INCLUDED AT ITEM 18 OF THE SUMMONS, ALLOWING THAT MOTION TO BE CONSIDERED BY THIS COUNCIL MEETING.

(See Resolution 339 below).

(Local Government (Committees and Political Groups) Regulations 1990).

To receive and confirm the Determination as to the proportional allocation of Committee places for the Municipal Year 2005-06 under the 1990 Regulations.

(A draft Determination based on the 2004-05 number and size of Committees of the Council has been prepared by the Chief Executive and advised to the political Groups on the Council).

FOR CONFIRMATION

[Note: The Determination as agreed would be utilised for the formal appointment of Committee Memberships – see Item below].

Further to the provisions of the Local Government (Committees and Political Groups) Regulations 1990, the Chief Executive had prepared and notified to the political Groups on the Council, a Determination under the Regulations as to their proportional entitlements to places on Committees for the Municipal Year 2005/06.

RESOLVED:

THAT THE DETERMINATION AS TO THE PROPORTIONAL ALLOCATION OF COMMITTEE PLACES BE HEREBY CONFIRMED. 

To receive the nominations of the Groups to Committee places in accordance with their proportional entitlements under the approved Determination and formally to establish Committees of the Council and their memberships for the Municipal Year 2005-06.

FOR CONFIRMATION

The Annual Council Meeting received with the Summons confirmation of the nominations by the political Groups to places on the Committees of the Council in accordance with the formal determination as to the proportional entitlement of the Groups.  In addition, the Meeting received a tabled, revised nomination to the Development Control Committee on behalf of the Conservative Group.

RESOLVED:

THAT THE COMMITTEES OF THE COUNCIL BE ESTABLISHED WITH THE MEMBERSHIPS NOW AGREED FOR THE MUNICIPAL YEAR 2005/06 (as set out in Appendix 2 to these Minutes).

To receive a proposal from the Leader of the Council as to the appointment of Chairs to Committees for the Municipal Year 2005-06 (further to Rule 1.1 (xii) of the Constitution’s Council Procedure Rules).

FOR DECISION

Further to Item 12 of the Summons, the Council Meeting received confirmation from the political Groups of nominations to the office of Chair of certain Committees of the Council, which were formally approved.

RESOLVED:

THAT THEFOLLOWING CHAIRS OF COMMITTEES BE APPOINTED FOR THE MUNICIPAL YEAR 2005/06:-

(Note:  The above appointments are also reflected in Appendix 2 to these Minutes – see Resolution 331 above).

On a proposal from the Leader of the Council, to continue the existing arrangements as set out in Part 3 of the Constitution (with the exception of the separate proposals being submitted on this Summons in respect of the Audit Committee).

FOR CONFIRMATION

Further to the Constitutional requirement to receive a proposal from the Leader of the Council as to the terms of reference and delegated powers for Committees of the Council, it was advised that the existing arrangements as set out in Part 3 of the Constitution would be continued, with the noted exception addressed at Resolution 335 below.

RESOLVED:

THAT THE TERMS OF REFERENCE AND DELEGATED POWERS FOR COMMITTEES OF THE COUNCIL IN PART 3 OF THE CONSTITUTION BE CONFIRMED (subject to Resolution 335 below).

To receive proposals from the political Groups as to the appointment of representatives of the Authority to serve on outside bodies for the Municipal Year 2005-06.

A proposal on behalf of the Major Minority Group (the Labour Group) as to the appointments to be made is attached. 

FOR DECISION

(i)                   Item 14 on the Summons provided for the receipt of proposals from the Groups as to the appointment of representatives of the Authority to serve on outside bodies for the Municipal Year 2005/06.

(ii)                 The nominations of the political Groups to places on outside bodies were notified in the attachment with the Summons, within an overall motion submitted on behalf of the Major Minority (Labour) Group.

(iii)                In addition, appointments to remaining vacancies and corrections to the nominations for places on outside bodies, together with a series of amendments proposed on behalf of the Conservative Group, were received as tabled documents.

(iv)                The Council received and agreed the following changes to the nominations as originally notified with the Summons:-

Appointments to outstanding vacancies

Agreed change in a proposed appointment

(v)                  Councillor C. Mote moved and Councillor D. Ashton seconded a series of amendments proposing the deletion of certain nominations and their substitution by alternative nominations, as follows:-

(vi)                As mover of the original motion, Councillor N. Shah advised Council that he was willing to accept that amendment which related to No. 54 above, which Council duly endorsed.

The other amendments set out at (v) above were each the subject of a separate vote, consequent on which those relating to outside bodies 2(i) and 33 were lost and those relating to outside bodies 23 and 71 were carried.

(vii)               Councillor N. Shah advised Council that one appointment listed in the original Summons document was no longer within the remit of this Authority and should be omitted from consideration.

The Council duly noted that “2.  Association of London Government Committees and Panels:  (xii)  ALG Lead Member for Equalities” was to be otherwise appointed.

(viii)             The substantive proposals, as varied by (iv) to (vii) above, were approved.

RESOLVED:

THAT THE SUBSTANTIVE MOTION AS TO THE OUTSIDE BODY APPOINTMENTS FOR THE MUNICIPAL YEAR 2005/06 (INCLUDING THE AGREED AMENDMENTS) BE APPROVED (the full list of appointments is attached as Appendix 3 to these Minutes).

AUDIT COMMITTEE (10 MAY 2005)   -   RECOMMENDATION I

[Note: It is anticipated that this Recommendation will arise, in which case it necessarily will be tabled].

Further to the provision made at Item 15 of the Summons, the Annual Council Meeting received a tabled, second Supplemental Summons containing Recommendation I in this matter from the Audit Committee meeting held on 10 May 2005.

The Audit Committee Chair, Councillor John Cowan, formally moved the receipt of Recommendation I in the following terms:-

“That the revised terms of reference of the Audit Committee be adopted as set out in the appendix” (to the Recommendation).

The Recommendation was adopted as printed.

RESOLVED:

THAT RECOMMENDATION I OF THE AUDIT COMMITTEE MEETING OF 10 MAY 2005 BE ADOPTED, TOGETHER WITH THE REVISED TERMS OF REFERENCE (as set out in Appendix 4 to these Minutes).

To note and confirm the dates of the Meetings of the Council for the Municipal Year, as follows:-

Further to the information provided at Item 16 of the Summons,

RESOLVED:

THAT THE FOLLOWING DATES FOR MEETINGS OF THE COUNCIL IN THE MUNICIPAL YEAR 2005/06 BE HEREBY CONFIRMED:-

To receive a report of the Chief Executive in accordance with the requirements of paragraph 23.7 of the Overview and Scrutiny Procedure Rules for  the operation of these provisions to be considered on an annual basis.

In accordance with the requirements of Overview and Scrutiny Rule 23.7 the operation of the provisions for Call?In and Urgency are reviewed on an annual basis.  Annual Council received a report of the Chief Executive confirming the circumstances in which these procedures had been utilised and in respect of which issues.

RESOLVED:

THAT THE REPORT OF THE CHIEF EXECUTIVE IN THIS MATTER BE RECEIVED AND NOTED.

At 10.27 p.m., following the decision made at Resolution 337 above, the Mayor advised the Council that the closure time of 10.30 p.m. for Council Meetings as provided for in Rule 10.1 was about to be reached and sought Members’ wishes as to how the final item on the Summons should be dealt with.

The Leader of the Council, Councillor N. Shah, proposed that the “guillotine” be extended by a further ten minutes until 10.40 p.m. to enable the Motion at Item 18 to be moved and considered.

On being put to a vote, the proposal was carried.

RESOLVED:

THAT FURTHER TO THE PROVISIONS OF RULE 10.2 (ii)(b) THE ANNUAL COUNCIL MEETING PROCEEDINGS BE CONTINUED FROM 10.30 P.M. UNTIL 10.40 P.M..    

Councillor Mark Ingram has given notice of a Motion under the provisions of Procedure Rule 15, to be seconded by Councillors N. Shah, C. Mote and Miss P. Lyne in the following terms:-

“That this Council notes

1.                 the unsatisfactory turnout at local and national elections,

2.                 the need to ‘re-engage’ more effectively with the people of Harrow, in a cost?effective manner,

3.                 the successful use of open budget processes in various locations around the world, and

4.                 the document being circulated titled ‘An Open Budget in Harrow’ concerning the creation of an Open Budget Process for Harrow to commence with an Assembly in September or October 2005.

This Council believes that Harrow Council should make reasonable efforts to engage in an open budget process when setting the 06/07 budget that meets the principles below:

·                    Influence:  those who take part in the process must feel that their views or decisions will have some influence;

·                    Information:  information required by participants to deliberate on the budget is available in full and is presented in a user?friendly and accessible form;

·                    Deliberation:  any events or meetings that are held as part of the process should be structured in such a way that they encourage self-education, deliberation and negotiation rather than confrontation;

·                    Feedback:  all those involved must be kept informed of how their views and decisions have played a role in the decision?making process;

·                    Independence:  the process should be supervised and assessed by an independent body if it is to possess legitimacy from the start.

This Council resolves that the Cabinet should take whatever steps are necessary to implement and reasonably resource an open budget process that meets with the criteria identified above, and as set out in the document titled ‘An Open Budget in Harrow’. “

[NOTE:  The document titled ‘An Open Budget in Harrow’ as referred to in the above Motion is separately circulated with this Annual Council Summons for the information of Members].  

[NOTE: Under Council Procedure Rule 15.6 this Motion should stand referred to the Executive as being a matter within its delegated powers.

Any Member may move that such a referral should not apply, which procedural motion would be put to a vote without discussion.

The mover and seconders of the above Motion have given notice that they will move a procedural motion seeking that the Council should not apply Rule 15.6].

(i)                   Further to Item 18 on the Summons, Councillor Mark Ingram formally moved under the provisions of Rule 15 the Motion relating to “An Open Budget in Harrow”, which had been indicated as being seconded by the three political Group Leaders and was formally seconded by Councillor N. Shah, Leader of the Council.

(ii)                 In moving the Motion, Councillor Mark Ingram sought leave of the Council to effect an Alteration under the provisions of Council Rule 17.7, which was to delete the final words of the Motion “and as set out in the document titled ‘An Open Budget in Harrow’.”

The Alteration received the general assent of the Council.

(iii)                Following debate and upon a vote the Motion was adopted.

RESOLVED:

THAT THE SUBSTANTIVE MOTION, AS REVISED, BE ADOPTED IN THE FOLLOWING TERMS:-

“That this Council notes

1.                  the unsatisfactory turnout at local and national elections,

2.                  the need to ‘re-engage’ more effectively with the people of Harrow, in a cost?effective manner,

3.                  the successful use of open budget processes in various locations around the world, and

4.                  the document being circulated titled ‘An Open Budget in Harrow’ concerning the creation of an Open Budget Process for Harrow to commence with an Assembly in September or October 2005.

This Council believes that Harrow Council should make reasonable efforts to engage in an open budget process when setting the 06/07 budget that meets the principles below:

·                     Influence:  those who take part in the process must feel that their views or decisions will have some influence;

·                     Information:  information required by participants to deliberate on the budget is available in full and is presented in a user?friendly and accessible form;

·                     Deliberation:  any events or meetings that are held as part of the process should be structured in such a way that they encourage self?education, deliberation and negotiation rather than confrontation;

·                     Feedback:  all those involved must be kept informed of how their views and decisions have played a role in the decision?making process;

·                     Independence:  the process should be supervised and assessed by an independent body if it is to possess legitimacy from the start.

This Council resolves that the Cabinet should take whatever steps are necessary to implement and reasonably resource an open budget process that meets with the criteria identified above.”

[Note:  The Mayor at 10.40 p.m. advised the Council that the extended “guillotine” had been reached.  The Council proceeded immediately to the vote on the Motion, as referred to at Resolution 339(iii) above].