Agenda and minutes

That the minutes of the Annual Council Meeting held on 25 May 2006 and of the Special Council Meeting held on 31 May 2006 both be deferred until they are printed into the Council Minute Volume.

RESOLVED:

THAT THE MINUTES OF THE ANNUAL COUNCIL MEETING HELD ON 25 MAY 2006 AND OF THE SPECIAL COUNCIL MEETING HELD ON 31 MAY 2006 BOTH BE DEFERRED UNTIL THEY ARE PRINTED IN THE COUNCIL MINUTE VOLUME.

To receive any announcements from the Mayor.

RESOLVED:

THAT THE COUNCIL RECEIVE AND NOTE THE REPORT OF THE WORSHIPFUL THE MAYOR, AS TABLED.

To receive declarations of personal or prejudicial interests, arising from business to be transacted, from all Members present.

During the discussion on Item 13 on the Summons, Appointments to Outside Bodies, Councillor Archie Foulds declared a personal interest in relation to item 64 on the list of Outside Bodies, Stanmore College.

Following the Council’s acceptance of an Urgent Motion regarding North West London Hospitals NHS Trust, and prior to discussion of the item, the following Members declared a personal interest arising from the fact that they, or a relative or acquaintance of theirs, had, was, or would be receiving treatment at Northwick Park Hospital: Councillors John Anderson, B E Gate, Mitzi Green, Graham Henson, Chris Mote, Janet Mote, John Nickolay and YogeshTeli.

RESOLVED:

THAT THE INTERESTS DECLARED BY MEMBERS IN RESPECT OF THE BUSINESS TO BE TRANSACTED AT THIS MEETING BE NOTED.

(See also Minutes 36 and 42)

To receive and consider any procedural motions from Members of the Council under the relevant Council Procedure Rules in relation to the conduct of the business for this Extraordinary Council meeting.

(i)                  Councillor Eric Silver moved and Councillor Myra Michael seconded a procedural motion for an Urgent Motion relating to North West London Hospitals NHS Trust to be admitted to the business to be transacted at this Extraordinary Council Meeting.

(ii)                 Councillor Chris Mote moved a procedural motion under Council Procedure Rule 26.1 that Council Procedure Rule 15(b) be suspended, thereby waiving the requirement for written reasons for urgency to be given.  Upon a vote, this motion to suspend Council Procedure Rule 15(b) was carried.

(iii)                The procedural motion to admit the urgent motion was carried.

RESOLVED:

THAT THE PROCEDURAL MOTION UNDER COUNCIL PROCEDURE RULE 15.2 RELATING TO THE ADMISSION OF AN URGENT MOTION BE AGREED, AND THAT THE URGENT MOTION BE CONSIDERED AS THE LAST ITEM OF BUSINESS.

In accordance with Council Procedure Rule 3.2 (iii), petitions at Extraordinary meetings of Council shall be restricted to matters relating to items of business on the Summons. 

It was noted that there were no petitions for consideration relevant to the business on the Summons for this Extraordinary Meeting of Council.

To receive a formal proposal from the Leader of the Council as to the Members of the Executive and the allocation of Portfolios to those Members, inclusive of their delegated powers, for the Municipal Year 2006/07.

(i)                   Further to Item 6 on the Summons, the Extraordinary Council meeting received a report from the Leader of the Council which proposed the membership of the Executive, the allocation of Portfolios to Members of the Executive, the Terms of Reference of the Cabinet and the delegations to Portfolio Holders for the Municipal Year 2006/2007.  Councillor Chris Mote formally moved, and Councillor David Ashton seconded, the proposals.

(ii)                 Councillor Navin Shah moved, and Councillor Archie Foulds seconded, an amendment in the following terms:-

“This Council has had a nationally acclaimed, unique tradition of an inclusive – all party Cabinet.  In the spirit of good practice and giving a voice to the opposition parties as has been the case for the last 8 years the Council resolves that:

(1)                 Two places on the Cabinet shall be reserved for Members of the Opposition and that for the Municipal Year 2006/07 these places shall be held by the Leader and Deputy Leader of the Labour Group.  The list of prospective Members set out in the Leader’s paper be amended to delete (the) two named Conservative Members and to add the names of Councillors Shah and Stephenson.

(2)                 In addition the Leader’s paper shall be further amended by the addition of the following proposal:

That the Constitution be amended as follows:

(a)                 In article 7.02 (page 2-27 of the Constitution) at the end of the second paragraph to add a new paragraph to read: “The Council when appointing Members to the Executive (Cabinet) shall ensure that at least two places are allocated to Members of the minority groups on the Council” and

(b)                 In the Council Procedure Rules at Rule 1.1 (page 4A-1 of the Constitution) to insert a new sub-paragraph after “(vii)” to read “When appointing Members to the Executive (Cabinet) the Executive shall ensure that at least two places are allocated to Members of the minority groups on the Council” and then re-numbering the remaining sub-paragraphs.”

(iii)                Following debate, and upon a vote, the amendment was not carried.

(iv)                Upon a further vote, the report of the Leader was agreed.

RESOLVED:

THAT (1) THE MEMBERSHIP OF THE EXECUTIVE (CABINET) AND THE ALLOCATION OF PORTFOLIOS TO EXECUTIVE MEMBERS FOR 2006/07 BE AGREED (as set out in Appendix 1 to these Minutes);

(2)  THE TERMS OF THE CABINET AND THE DELEGATED POWERS OF PORTFOLIO HOLDERS BE APPROVED (as set out in the appendix to the report of the Leader at Item 6 on the Supplemental Summons).

[Note:  (1)  Councillors Ms Nana Asante, Mrinal Choudhury, Bob Currie, Mrs Margaret Davine, Mano Dharmarajah, Keith Ferry, Archie Foulds, B E Gate, David Gawn, Mitzi Green, Graham Henson, Thaya Idaikkadar, Nizam Ismail, Dhirajlal Lavingia, Jerry Miles, Phillip O’Dell, Asad Omar, David Perry, Raj Ray, Navin Shah, Mrs Rekha Shah, Bill Stephenson, Mrs Sasi Suresh and Keeki Thammaiah wished to be recorded as having voted against the above decision and in favour of the amendment outlined at paragraph (ii) above].

To receive the nominations of the political Groups to Committee places in accordance with their proportional entitlements under the approved Determination and formally to establish Committees of the Council and appoint memberships for the Municipal year 2006/07.

At Item 7 on the Summons, the Extraordinary Council Meeting received 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 notified to the Annual Council Meeting on 25 May 2006.

RESOLVED:

THAT THE COMMITTEES OF THE COUNCIL BE ESTABLISHED WITH THE MEMBERSHIPS NOW AGREED FOR THE MUNICIPAL YEAR 2006/07 (as set out in Appendix 2 to these Minutes).

RECOMMENDATION I:            STANDARDS COMMITTEE (27 MARCH 2006)

Further to Item 8 on the Summons, the Extraordinary Council Meeting received Recommendation I of the Standards Committee meeting of 27 March 2006 in this matter.

The Recommendation was adopted as printed.

RESOLVED:

THAT (1) TRAINING IN THE CODE OF CONDUCT BE MANDATORY;

(2)  TRAINING FOR MEMBERSHIP OF THE PERSONNEL APPEALS PANEL, SOCIAL SERVICES APPEALS PANEL AND THE CHIEF OFFICERS’ EMPLOYMENT PANEL BE MANDATORY;

(3)  ALL MEMBERS OF APPROPRIATE BODIES BE REQUIRED TO UNDERTAKE TRAINING REGARDLESS OF EXPERIENCE, SUBJECT TO (8) BELOW;

(4)  A BRIEF INITIAL TRAINING SESSION BE PROVIDED PRIOR TO ANY INAUGURAL MEETING AND THAT THIS BE FOLLOWED UP BY A FULL TRAINING SESSION TO BE HELD BEFORE 30 SEPTEMBER 2006, SUBJECT TO THE AVAILABILITY OF STAFF;

(5)  TRAINING SHOULD, WHERE POSSIBLE, BE OFFERED AT THREE OR FOUR SESSIONS ON AT LEAST TWO DIFFERENT DAYS; 

(6)  MEMBERS BE ASKED TO CONSIDER WHETHER TRAINING SHOULD BE PROVIDED BY THE BEST AVAILABLE MEANS, WHETHER THIS BE EXTERNAL PROVIDERS OR OFFICERS OF THE COUNCIL;

(7)  A RECORD, OPEN TO INSPECTION BY ALL MEMBERS, BE KEPT OF THE ATTENDANCE AT ALL TRAINING SESSIONS;

(8)  SUBJECT TO THE AGREEMENT OF THE CHAIR OF THE STANDARDS COMMITTEE, SPECIAL ARRANGEMENTS FOR AN OFFICER BRIEFING BE MADE WHERE A MEMBER, IN EXCEPTIONAL CIRCUMSTANCES, IS UNABLE TO ATTEND ANY OF THE TRAINING SESSIONS; DURING THE PROCESS GROUP LEADERS AND WHIPS BE KEPT INFORMED, THE CHAIR OF THE STANDARDS COMMITTEE AGREE ANY SPECIAL ARRANGEMENTS MADE AND A NOTE BE MADE IN THE REGISTER OF ATTENDANCE THAT SUCH ARRANGEMENTS WERE MADE;

(9)  IF IT BE CONSIDERED DURING THE LIFE OF THE COUNCIL THAT FURTHER UPDATED MANDATORY TRAINING IS NEEDED, THEN THE STANDARDS COMMITTEE HAVE THE POWER TO IMPOSE SUCH A REQUIREMENT;

(10)  ALL TRAINING SESSIONS SHOULD, WHEREVER POSSIBLE, BE OPEN TO ATTENDANCE BY ANY COUNCILLOR, WHETHER OR NOT THE COUNCILLOR IS A MEMBER OF THE RELEVANT COMMITTEE;

(11)  AN OUTLINE TRAINING PROGRAMME BE PREPARED, THIS PROGRAMME SHOULD BE AGREED BY THE MEMBER DEVELOPMENT PANEL AND THEN RECOMMENDED TO THE STANDARDS COMMITTEE.

Further to Item 9 on the Summons, the Extraordinary Council Meeting received Recommendation II of the Standards Committee meeting of 27 March 2006 in this matter.

The Recommendation was adopted as printed.

RESOLVED:

THAT (1) THE REVEREND PETER BROADBENT, SHEILA DARR, MOHAMMAD RITZI AND JOHN KIRKLAND BE APPOINTED AS INDEPENDENT MEMBERS OF THE STANDARDS COMMITTEE, EFFECTIVE FROM THE ESTABLISHMENT OF THE STANDARDS COMMITTEE IN THE MUNICIPAL YEAR 2006/07 AND FOR A TERM OF OFFICE OF FOUR YEARS UNTIL APRIL 2010;

(2)  ROGER SMITH BE APPOINTED AS THE RESERVE MEMBER TO ACT ONLY IN THE EVENT THAT ONE OF THE INDEPENDENT MEMBERS RESIGNS OR IS UNABLE TO CONTINUE AS A MEMBER BEFORE THE EXPIRY OF THEIR TERM OF APPOINTMENT;

(3)  FURTHER TO (2) ABOVE, ROGER SMITH ONLY BE ENTITLED TO BE A MEMBER OF THE COMMITTEE IF AND WHEN APPOINTED BY THE COUNCIL.

To receive a proposal from the Leader of the Council as to the appointment of Chairs to Committees of the Council for the Municipal Year 2006/07 (except Standards Committee).

(i)                   At Item 10 on the Summons, the Council received a proposal from the Leader of the Council as to the appointment of Chairs to Committees of the Council for the Municipal Year 2006/07.  The Leader of the Council, Councillor Chris Mote, formally moved the proposal.

(ii)                 Councillor Bill Stephenson moved, and Councillor B E Gate seconded an amendment, which proposed the appointment of alternative Members as Chairs of three of the Committees as follows:-

(iii)                Upon a vote, the amendment was not carried.

(iv)                Upon a further vote, the substantive proposal was adopted.

RESOLVED:

THAT THEFOLLOWING CHAIRS OF COMMITTEES BE APPOINTED FOR THE MUNICIPAL YEAR 2006/07:-

[Notes:  (i)  The above appointments are also reflected in Appendix 2 to these Minutes – see Resolution 30 above).

(ii) Councillors Ms Nana Asante, Mrinal Choudhury, Bob Currie, Mrs Margaret Davine, Mano Dharmarajah, Keith Ferry, Archie Foulds, B E Gate, David Gawn, Mitzi Green, Graham Henson, Thaya Idaikkadar, Nizam Ismail, Dhirajlal Lavingia, Jerry Miles, Phillip O’Dell, Asad Omar, David Perry, Raj Ray, Navin Shah, Mrs Rekha Shah, Bill Stephenson, Mrs Sasi Suresh and Keeki Thammaiah wished to be recorded as having voted against the Resolution above and in favour of the amendment set out in paragraph (ii)].

To receive a proposal from the Leader of the Council as to the terms of reference and delegated powers of Committees of the Council.

(i)                   Further to Item 11 on the Summons, the Council Meeting received a proposal from the Leader of the Council as to the terms of reference and delegated powers of the Committees of the Council.  The Leader of the Council, Councillor Chris Mote, formally moved, and the Deputy Leader, Councillor David Ashton, seconded the proposal.

(ii)                 Councillor B E Gate moved, and Councillor Mitzi Green seconded, an amendment which sought to effect a change to the Terms of Reference of the Overview and Scrutiny Committee, as follows:-

“Paragraph (h)

To add after the word “Council”:

“Before exercising this power the Committee shall ensure that consultations are carried out with all Members of all parties on the Committee prior to an item with a full report being places on the agenda”.”

(iii)                Upon a vote, the amendment was not carried.

(iv)                Upon a further vote, the substantive proposal was adopted.

RESOLVED:

THAT THE TERMS OF REFERENCE AND DELEGATED POWERS FOR COMMITTEES OF THE COUNCIL BE CONFIRMED (as set out in the reports of the Leader on the Summons and the Supplemental Summons).

[Note:  Councillors Ms Nana Asante, Mrinal Choudhury, Bob Currie, Mrs Margaret Davine, Mano Dharmarajah, Keith Ferry, Archie Foulds, B E Gate, David Gawn, Mitzi Green, Graham Henson, Thaya Idaikkadar, Nizam Ismail, Dhirajlal Lavingia, Jerry Miles, Phillip O’Dell, Asad Omar, David Perry, Raj Ray, Navin Shah, Mrs Rekha Shah, Bill Stephenson, Mrs Sasi Suresh and Keeki Thammaiah wished to be recorded as having voted against the decision above and in favour of the amendment set out in paragraph (ii)].

To receive a proposal from the Leader of the Council as to approved delegations to Chief Officers of the Council.

Further to Item 12 of the Summons, the Extraordinary Council Meeting received a proposal from the Leader of the Council as to the approved delegations to Chief Officers of the Council.

RESOLVED:

THAT THE DELEGATIONS TO OFFICERS BE AGREED (as set out in the report of the Leader of the Council).

To receive a proposal from the Leader of the Council as to the appointment of representatives of the Authority to serve on outside bodies for the Municipal year 2006/07.

(i)                   Further to Item 13 on the Summons, the Council received a proposal from the Leader of the Council, set out in the attachment of the Supplemental Summons, as to the appointment of representatives of the Authority to serve on outside bodies for the Municipal Year 2006/07.

(ii)                 In addition, an amendment to the report of the Leader of the Council setting out corrections to the nominations for places on outside bodies was received in the tabled documents (pages 11?14), together with amendments proposed on behalf of the Labour Group (pages 15?17 of the tabled documents).

(iii)                Upon formally moving the proposal (as amended by pages 11?14 of the tabled documents), Councillor Chris Mote advised that he was willing to accept the amendments set out on page 15 of the tabled documents, and also wished to make the following further amendments:-

(iv)                The amendments set out on page 15 of the tabled documents and outlined in paragraph (iii) above were agreed by general assent.

(v)                  Councillor Navin Shah then moved, and Councillor Bill Stephenson seconded the amendment set out on pages 16 and 17 of the tabled documents.

(vi)                Councillor Chris Mote indicated that he would be willing to accept some of the amendments, subject to these being clarified outside the meeting and agreed between the Leaders and the Chief Whips.

(vii)               Upon being put to a vote, the amendment set out on pages 16 and 17 was not carried.

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

(ix)               It was agreed, however, that the Group Leaders and Chief Whips meet to agree any further corrections as might be necessary following this Extraordinary Council meeting.

RESOLVED:

THAT (1) THE SUBSTANTIVE MOTION AS TO THE APPOINTMENTS TO OUTSIDE BODIES FOR THE MUNICIPAL YEAR 2006/07 (INCLUDING THE AGREED AMENDMENTS) BE APPROVED (as set out in Appendix 3 to these Minutes);

(2) THE POLITICAL GROUP LEADERS AND CHIEF WHIPS MEET TO AGREE ANY FURTHER CORRECTIONS TO THE APPOINTMENTS TO OUTSIDE BODIES AS MAY BE NECESSARY.

Further to Item 14 on the Summons, the Extraordinary Council Meeting received Recommendation I of the Overview and Scrutiny Committee meeting of 27 March 2006 in this matter.

The Recommendation was adopted as printed.

RESOLVED:

THAT (1) A JOINT OVERVIEW AND SCRUTINY COMMITTEE WITH BRENT AND EALING COUNCILS ON THE PROPOSED RE-CONFIGURATION OF SERVICES AT THE NORTHWICK PARK HOSPITAL SITE BE RE-ESTABLISHED, FOR THE MUNICIPAL YEAR 2006/07;

(2)  TWO HARROW COUNCIL MEMBERS AND TWO RESERVES BE APPOINTED TO THE JOINT COMMITTEE FOR THE MUNICIPAL YEAR 2006/07.

To receive a proposal from the Leader to revise Schedule 1 of the current Members’ Allowances Scheme, as adopted by the previous Council (on 23 February 2006) for the remainder of the Financial Year 2006/07.

(i)                   At Item 15 on the Summons, the Extraordinary Council meeting received a formal proposal from the Leader of the Council to revise Schedule 1 of the current Members’ Allowances Scheme, as adopted by the Council on 23 February 2006, for the remainder of the Financial Year 2006/07.  Councillor Chris Mote formally moved, and Councillor David Ashton seconded the proposal.

(ii)                 Councillor Thaya Idaikkadar moved, and Councillor Navin Shah seconded an amendment in the following terms:-

“To make the following changes to the proposals put forward by the Leader of the Council:

(1)                 Move the SRA for Support Members to the Cabinet from Band 5 to Band 3

(2)                 Te reduce the SRA for the Leader and Deputy Leader by £1000

(3)                 To grant an SRA to all members of the Development Control Committee at Band 3

(4)                 To amend payments to members of the Licensing Panel so that the allowance is only paid if a member attends a meeting.  Previously the lowest level of payment was paid to all members who attended between 0 and 4 meetings.”

(iii)                Following debate, and upon a vote, the amendment was not carried.

(iv)                Upon a vote on the substantive proposal, this was adopted.

RESOLVED:

THAT THE REVISED SCHEDULE 1 OF THE MEMBERS’ ALLOWANCES SCHEME BE ADOPTED FOR THE REMAINDER OF THE FINANCIAL YEAR 2006/07.

[Note:  Councillors Ms Nana Asante, Mrinal Choudhury, Bob Currie, Mrs Margaret Davine, Mano Dharmarajah, Keith Ferry, Archie Foulds, B E Gate, David Gawn, Mitzi Green, Graham Henson, Thaya Idaikkadar, Nizam Ismail, Dhirajlal Lavingia, Jerry Miles, Phillip O’Dell, Asad Omar, David Perry, Raj Ray, Navin Shah, Mrs Rekha Shah, Bill Stephenson, Mrs Sasi Suresh and Keeki Thammaiah wished to be recorded as having voted against the decision above and in favour of the amendment set out in paragraph (ii)].

In accordance with Overview and Scrutiny Procedure Rule 23.6 and Access to Information Rule 17.3, as set out in Part 4 of the Constitution, it is a requirement to report on urgent decisions taken by Portfolio Holders, the Leader and the Cabinet, and on decisions taken by Cabinet under the special urgency procedure, since the previous Council meeting.

Those requirements are met in the attached paper from the Director of Corporate Governance.

Further to Item 16 on the Summons, the Extraordinary Council Meeting received a report of the Director of Corporate Governance which provided a summary of the urgent decisions taken by the Portfolio Holders, the Leader and Cabinet and the use of the special urgency procedure since the 27 April 2006 meeting of the Council.

RESOLVED:

THAT (1) THE URGENT DECISION TAKEN BY THE LEADER, AS NOW REPORTED, BE NOTED;

(2)  IT BE NOTED THAT USE OF THE URGENCY PROCEDURE HAD NOT BEEN EXERCISED IN RELATION TO REPORTS TO CABINET SINCE 27 APRIL 2006.

In accordance with paragraph 23.7 of the Overview and Scrutiny Procedure Rules, Members are required to consider the operation of the provisions for call-in and urgency on an annual basis.

Further to Item 17 on the Summons, and in accordance with Paragraph 23.7 of the Overview and Scrutiny Procedure Rules, the Extraordinary Council Meeting received a report of the Chief Executive which invited Members to consider the operation of the provisions for call-in and urgency.

RESOLVED:

THAT THE OPERATION OF THE CALL-IN AND URGENCY PROCEDURES, AS NOW REPORTED, BE NOTED.

In accordance with the delegations to Chief Officers, the Leaders of each of the political groups on the Council were consulted on and agreed the attached urgent decisions on behalf of the Council.

FOR CONFIRMATION

Further to Item 18 on the Summons, the Extraordinary Council Meeting received urgent decisions taken following consultation with and agreement by the Leaders of each of the political groups on Council.

RESOLVED:

THAT THE DECISIONS TAKEN UNDER DELEGATIONS TO CHIEF OFFICERS ON BEHALF OF COUNCIL, AS NOW REPORTED, BE NOTED.

(i)                   The following Urgent Motion, having been admitted to the Council Summons under the provisions of Council Procedure Rule 15.2 (see Resolution 27 above), was moved by Councillor Eric Silver and seconded by Councillor Myra Michael.

“This Council calls on North West London Hospital NHS Trust to make sure that the people of Harrow who use their services at Northwick Park Hospital and Central Middlesex are not disadvantaged with the proposed cuts in services and staff”.

(ii)                 Councillor Mrs Margaret Davine moved an amendment in the following terms:-

To delete “with the proposed cuts in services and staff” and to add after “disadvantaged”:

“Thus we call upon the Trust to consult the Council and community effectively prior to proposing any reductions in their services and staff and that any such proposals be referred to the Council’s appropriate Scrutiny body.”

(iii)                The amendment received the general assent of Council.

(iv)                The substantive Motion, as amended, was adopted.

RESOLVED:

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

“This Council calls on North West London Hospital NHS Trust to make sure that the people of Harrow who use their services at Northwick Park Hospital and Central Middlesex are not disadvantaged.  Thus we call upon the Trust to consult the Council and community effectively prior to proposing any reductions in their services and staff and that any such proposals be referred to the Council’s appropriate Scrutiny body.”