Agenda item

Report of the SH/WD Joint Steering Group

CM 23        

A comprehensive report was presented that set out a series of recommendations from the SH/WD Joint Steering Group to agree, in principle, to establish a single second tier Council for West Devon and South Hams.

In introducing this agenda item, the Leader made reference to the recent Member event that had been held with representatives from the Department of Communities and Local Government (DCLG) and the Local Government Association (LGA).

In so doing, the Leader highlighted three key details arising from this event that had an impact on the content of the published agenda report.  These details were as follows:-

1.      The implementation date for a new Council would need to be put back from the initially anticipated 1 April 2019 to 1 April 2020;

2.      The Local Government Boundary Commission for England review would need to be concluded before the new Council was formed, with the 2019 Borough and District Council elections being delayed by a year to 2020; and

3.      There was the potential to introduce a longer time period to equalise Council Tax.

In light of this information, the Leader advised that he had instructed officers to produce a revised report (with the amendments highlighted) and this had been circulated to Members just before this meeting.

Following the introduction, a Member expressed his concerns at the late circulation of the revised report and made a point of order alleging that Council Procedure Rule 12: ‘Committee Agenda’ had therefore been breached.  In expanding on his view, it was felt that Members had not been given sufficient time or opportunity to examine the revised report in proper detail before being asked to make a decision.

Having sought the advice of officers, the Mayor did not accept the alleged breach and made the following statement:

‘Today’s proposed amendments are all points of clarification arising from a meeting with the DCLG and LGA last Friday (21 July 2017).

The original report was published five clear working days in advance of today’s meeting as required.

All of the proposed amendments and additional information refers to the proposal which has yet to be consulted on in full by Members, stakeholders and the public.  This means that each and every amendment will be considered fully before the Council makes a decision on whether or not to put the proposal to the Secretary of State in due course.

All relevant representations will be considered and published in a transparent fashion as always.’

In light of this ruling, the following motion was then PROPOSED by Cllr R J Oxborough and SECONDED by Cllr W G Cann OBE:

‘That the agenda item be deferred to a future meeting for consideration to enable sufficient time and opportunity to read the updated report and supporting papers.’

(Prior to any debate ensuing on this motion, the Mayor exercised his discretion to adjourn the meeting for a fifteen minute period to enable Members the opportunity to read the updated report.)

Once the meeting reconvened, some Members felt that a deferral at this stage of the debate was somewhat pre-emptive and the proposer was encouraged to withdraw his motion at this time.  On the proviso that he may still wish to propose a deferral at a later stage of the debate, the proposer agreed to withdraw his motion at this time.

In the ensuing discussion, reference was made to:-

(a)  the involvement of all Members.  Particularly when considering the importance of this issue, some Members expressed their disappointment at the lack of engagement opportunities that had been arranged to date for the wider membership.  In response, assurances were given that, in the event that both councils took the decision to consult on the establishment of a single council, a series of Member Workshops would then be arranged that ran parallel to the public consultation;

(b)  the draft consultation document.  A number of Members stated their disapproval at the quality of the draft consultation document.  These Members felt that, as drafted, the document was disingenuous and unbalanced.  As a way forward, it was suggested that delegated authority should be given to the SH/WD Joint Steering Group (JSG) to agree the final contents of the consultation document prior to its publication.  As a further assurance, it was agreed that all Members would be invited to make their comments on a revised draft document prior to the JSG taking its final decision;

(c)  the mechanism for consulting with local residents.  Such was the significance of this issue, that the view was expressed that, as part of the consultation exercise, some form of communication should be sent to every household in the Borough;

(d)  the size of the Borough Council.  As one of the smallest Borough Councils in the country, some Members made the point that the authority would not be financially sustainable in the future and a larger council would provide greater resilience and strength.  As a result and, when considering the shared services arrangements with South Hams District Council, this proposal was felt to be the natural conclusion of the partnership working agenda, which would help to maintain and improve front-line services.

It was moved by Cllr L Samuel and seconded by Cllr G Parker and declared CARRIED and ”RESOLVED that the Council:

1.     agree to consider establishing a single second-tier Council for West Devon and South Hams from 1 April 2020;

2.     proceed to consultation with the public and stakeholders from early August through to the end of September 2017, with delegated authority being given to the SH/WD Joint Steering Group to agree the final contents of the consultation document (as outlined at Appendix B of the presented agenda report) prior to its publication; and

3.     agree to bring back to Council for consideration (as soon after the expiry of the consultation period as is practically possible) the outcome of the consultation together with the final Proposal for submission to the Secretary of State.