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Agenda and minutes

Venue: Council Chamber, County Hall, Matlock. View directions

Contact: Democratic Services  Email: democratic.services@derbyshire.gov.uk

Items
No. Item

39/23

Appointment of the Chairman of the County Council for 2023-24

Minutes:

The Director of Legal and Democratic Services opened the meeting to seek nominations for the Chairman of the County Council for the ensuing year.

 

On the motion of Councillor B Lewis, duly seconded it was

 

RESOLVED:

 

To elect Councillor T Ainsworth as Chairman of the County Council for 2023-24.

 

Councillor Ainsworth joined the meeting.

 

On taking the Chair, the Chairman spoke to reflect on some of the highlights and achievements over the past year.

40/23

Apologies for absence

To receive apologies for absence (if any)

Minutes:

Apologies for absence were received from Councillors Cupit, Gibson Gourlay, Redfern and Wharmby.

41/23

Declarations of interest

To receive declarations of interest (if any)

Minutes:

None received.

42/23

Chairman's announcements

Minutes:

The Chairman wished the best of luck to Councillor Gary Hickton who would be taking part in the Derby Marathon on 4 June, raising money for PASIC, a charity that gives cancer support to children and young people. There was a fundraising page if anybody wished to contribute.

 

The Chairman reported with sadness that Ronald Graham, the Independent Chairman of the Derbyshire Pension Board, had recently died. He had been the Chairman of the Board since it was established in 2015 and had recently been appointed for a further term. The Chairman conveyed condolences on behalf of the County Council to his family and friends and expressed thanks for his positive contribution to the governance of the Derbyshire Pension Fund.

 

A further piece of sad news was that retired Councillor Peter Riggott, elected member for Clay Cross between 2005 and 2015, had recently died. During his time as elected member he was the Cabinet Support Member for Environmental Services and served on the Planning Committee, Derbyshire Police Authority and various Scrutiny Committees.

 

Members stood in silent reflection and afterwards a number of members spoke to give their own tributes.

43/23

Minutes pdf icon PDF 224 KB

To confirm the minutes of the meeting of the Council held on 22 March.

Minutes:

On the motion of Councillor B Lewis, duly seconded, it was

 

RESOLVED:

 

To confirm, as a correct record, the minutes of the meeting of Council held on 22 March 2023.

44/23

Appointment of the Civic Chairman of Derbyshire County Council for 2023-24

Minutes:

On the motion of Councillor J Nelson, duly seconded it was

 

RESOLVED:

 

To elect Councillor D Taylor as Civic Chairman of the County Council for 2023-24.

45/23

Appointment of the Vice Civic Chairman of Derbyshire County Council for 2023-24

Minutes:

On the motion of Councillor S Bull, duly seconded it was

 

RESOLVED:

 

To elect Councillor T Kemp as Vice Civic Chairman of the County Council for 2023-24.

46/23

Report of the Leader of the Council and Members' questions

To consider the report of the Council Leader and Members' questions on the report

Minutes:

The Leader of the Council began his report by offering congratulations to Councillor Ainsworth, the re-elected Chairman, the newly appointed Civic Vice Chair, Councillor Tony Kemp and thanked the outgoing Civic Chair, Councillor David Wilson, who had been excellent whilst carrying out his duties on behalf of the authority over the last twelve months. He congratulated Councillor David Taylor for his elevation to the Civic Chairman for the forthcoming civic year and paid tribute to the work he had undertaken in his previous role as Vice Chair.

 

He referred to the very successful Producers’ Day event held in prior to the meeting at County Hall where producers from across Derbyshire had attended to showcase their products along with local artists who had exhibited their work.

 

He went on to mention the issue in relation to Luke Evans bakery and the strong public feeling in relation to them not re-securing the contract to provide bread for schools. He described the procurement process that had been followed and how the successful bidder had been selected. The tender and selection process had been fully compliant with public contract regulations and to change the decision would be a breach of the regulations and therefore the law. Councillor Lewis confirmed that he had asked the relevant teams to look at how we could strengthen our processes for buying goods and services locally. He reported that there was a new Procurement Bill going through Parliament currently that would introduce significant changes to the way the public sector could buy goods and services, and though these changes would not come into force until early 2024, they would reform the way that public authorities can purchase goods, services and works by simplifying and modernising procurement rules and procedures, opening up public procurement to more small businesses and social enterprises which would enable them be able to compete and win more public contracts.

 

In response to a question from Councillor A Dale, Councillor Lewis advised that he hoped that the Producer’s Event could be run again in the future. He also thanked officers involved in putting the event together.

 

In response to a question from Councillor Dixon about her not receiving a briefing on the situation with the Bread Contract, Councillor Lewis advised that he would ensure that she was provided with a briefing note.

 

In response to a question from Councillor Fordham about “food miles” in relation to procurement, Councillor Lewis advised that the necessary guidance and legislation were complied with when the Bread Contract went through the procurement process.

47/23

Public questions pdf icon PDF 60 KB

To consider public questions (if any)

Additional documents:

Minutes:

Question from Sue Owen, on behalf of the Derbyshire Pensioners Action Group to Councillor S Spencer, Cabinet Member for Corporate Services and Budget

 

“The government is intending to bring in legislation that would force Local Councils and Local Authority Pension Funds to make decisions about investments and procurement that must be in line with central government foreign policies.  This means that Local Authority Pension Fund Committees would no longer be able to make their own ethical and responsible investment decisions.

 

This seems to totally undermine local democracy and the power of local authorities to make their own decisions on behalf of their local populations.  Does Derbyshire County Council support this policy and if not, what actions are you taking to defend local democracy and the democratic rights of local people?”

 

Councillor Spencer responded as follows:

 

“The Government published a Green Paper transforming public procurement in December 2020 which set out proposed changes to the legal and operational framework for public procurement, with the aim of simplifying procurement processes putting value for money at their heart and unleashing opportunities for small businesses, charities, social enterprises that innovate public service delivery.  When the Green Paper was issued, the implied increase in Central Government involvement in public procurement processes was noted, together with the importance of local decision making with democratically elected Councils.

 

The subsequent Procurement Bill 2022-23 is currently making its way through Parliament.  In advance of any assurance of the updated investment guidance or directions for the Local Government Pension Scheme following the introduction of the proposed boycotts, this Investment and Sanctions Bill, the Government has committed to engage extensively with Local Government Pension Schemes over a twelve week period of consultation.  As the administering Authority for the Derbyshire Pension Fund, the Authority would consider the Government’s proposals in respect of a Local Government Pension Scheme and, when they are published we will respond to the consultation in the appropriate way.”

 

Ms Owen asked the following supplementary question:

 

“You may be aware that 60 civil society organisations have signed a document opposing these Government proposals to outlaw boycotts on any issues of justice, human rights or environmental concerns, including a number of religious, human rights, anti-poverty, international legal and environmental organisations. Some of our most progressive advances such as the abolition of slavery, the abolition of apartheid, women’s right to vote, issues which no one would disagree with now have come about partly as a result of peaceful boycotts.

 

Derbyshire’s responsible investment framework very clearly states that investment decisions must take environmental, social and government’s issues into account.  Derbyshire Pension Fund has a climate strategy which however weak does aim to be in line with the Paris Agreement.  Central Government foreign policy continues to support high levels of investment in fossil fuels which will make it impossible to achieve their commitment set out in the Paris Agreement.

 

If this legislation is passed how will Derbyshire Council and the Pension Fund react when Government foreign policy is in direct contradiction to Derbyshire’s  ...  view the full minutes text for item 47/23

48/23

Petitions

To receive petitions (if any)

Minutes:

None received.

49/23

Committee Memberships, Schedule of meetings and Outside Body Appointments for 2023-24 pdf icon PDF 92 KB

Additional documents:

Minutes:

The Director of Legal and Democratic Services introduced a report, which had been circulated in advance of the meeting in relation to the Committee Memberships, Schedule of meetings and Outside Body Appointments for 2023/24.

 

The Director of Legal and Democratic Services reported the following changes to the published report:

 

-      In relation to Appendix 2, Committee Membership for the Peak District National Park Authority, Councillor R George should read Councillor B Woods;

 

-      In relation to Appendix 4, Outside Bodies, Councillor Atkin should be removed as the second appointee to the Derbyshire Association of Local Councils as the organisation only requires one member to be nominated by Derbyshire County Council; and

 

-      In relation to Outside Bodies, Councillor Lewis should be replaced with Councillor Renwick as the Council’s representative on the D2N2 Local Enterprise Partnership Board and the D2N2 Investment Board.

 

On the motion of Councillor B Lewis, duly seconded, it was

 

RESOLVED to:

 

1)   Appoint the Chair, Vice-Chair and Members of the Council’s Standing Ordinary Committees, Sub-Committees and Improvement and Scrutiny Committees as set out at Appendix 2 of the report, subject to the amendments detailed above;

 

2)   Approve the schedule of meetings, attached at Appendix 3 to the report, for the 2023/24 Municipal Year; and

 

3)   Appoint representatives to outside bodies as detailed in Appendix 4 of the report, subject to the amendments detailed above.

50/23

Notification of Portfolio Holders and Membership of the Cabinet pdf icon PDF 75 KB

Additional documents:

Minutes:

The Leader of the Council introduced a report, which had been circulated in advance of the meeting, which notified the Council of the identities of Cabinet Members, Cabinet Support Members and their respective portfolios and sought approval for amendments to the Constitution to incorporate Cabinet delegations.

 

On the motion of Councillor B Lewis, duly seconded, it was:

 

RESOLVED:

 

To note the information, provided at  Appendix 2 to the report, in relation to Cabinet and Cabinet Support Members for the ensuing year and approve the record of delegations to be included in the Council’s scheme of delegation at Appendix 1 to the Constitution.

 

51/23

Derbyshire Pension Board - Appointment of New Board Members pdf icon PDF 92 KB

Additional documents:

Minutes:

The Director of Finance and ICT introduced a report, which had been circulated in advance of the meeting, that sought approval for the appointment of two new members of the Derbyshire Pension Board.

 

On the motion of Councillor D Wilson, duly seconded, it was

 

RESOLVED to approve:

 

1)   The appointment of Lisa Seeley as an Employer Representative on Derbyshire Pension Board for a term of four years to May 2027, subject to her employer maintaining its participation in the Pension Fund; and

 

2)   The appointment of Mark Wreghitt as a Member Representative on Derbyshire Pension Board for a term of four years to June 2027.

52/23

Decisions taken as a matter of Urgency and Key Decisions and Special Urgency pdf icon PDF 100 KB

Minutes:

The Director of Legal and Democratic Services and Monitoring Officer introduced a report, which had been circulated in advance of the meeting, which reported to Council those executive decisions that had been taken as a matter of urgency and key decisions and special urgency.

 

On the motion of Councillor B Lewis, duly seconded, it was

 

RESOLVED: to note:

 

1)    The key decisions taken where special urgency provisions were agreed as detailed in Appendix 2 of the report; and

 

2)    The urgent decisions taken where the call-in procedure was waived under the Improvement and Scrutiny Procedure Rules as detailed in Appendix 3 of the report.

53/23

Elected Member questions pdf icon PDF 71 KB

To consider questions submitted by Elected Members

Additional documents:

Minutes:

Question from Councillor J Siddle to Councillor A Dale, Cabinet Member for Education

 

“Will the Cabinet Member for Education please provide Council with an update on the recent OFSTED inspection of the Derbyshire Adult Community Education Service (DACES)?”

 

Councillor Dale responded as follows:

 

“I am delighted to inform you that following an Ofsted visit earlier this year between the 31 January and the 3 February they found our Adult Education Service to be ‘good’ in terms of its overall judgment as well as being ‘good’ in all 7 of the categories upon which they focus their inspection activity.  These are:

 

·        Quality of education

·        Behaviour and attitudes

·        Personal development

·        Leadership and management

·        Education programme for young people

·        Adult learning programmes

·        Apprenticeships

 

I just want to take the opportunity to highlight some of the actual feedback verbatim from the Ofsted report, if that is okay.  Ofsted said that:

 

“Most learners and apprentices make good progress on their courses or apprenticeships.  They feel safe and protected.  They choose to study at DACES because it feels like a community and staff treat them with respect.”

 

Ofsted noted:

 

“A significant number of our learners face substantial barriers to their learning but with staffs’ dedicated support, learners and apprentices gain qualifications and improve their wellbeing and this helps them move closer to achieving their personal and career goals.

 

A number of our younger learners in particular are vulnerable and have a history of not attending school or college.”

 

Ofsted noted:

 

“Learners’ attendance is improving and learners steadily develop their employability skills and gain vital knowledge of sectors such as hospitality and construction before they complete their upcoming industry placements.”

 

They noted:

 

“Adult learners on community learning courses increasingly improve their mental and physical health and wellbeing.  Most apprentices develop the skills they need to be successful at work.”

 

They highlighted that:

 

“Leaders very carefully considered their programmes for young people, adults and apprentices.” 

 

They noted:

 

“Leaders were ambitious to provide meaningful learning programmes so that learners can improve their future career prospects and their lives.  That includes those vulnerable younger learners and in particular those who have special educational needs and/or disabilities.”

 

They highlighted:

 

“Workers and tutors benefit from a range of useful training and this helps develop staffs’ teaching skills further and ensures that most learners and apprentices receive a high standard of education.” 

 

They noted that:

 

“Staff are very proud to work at DACES and that leaders recognise that we are not a perfect Service and there are still areas of further improvement that requires strengthening.”

 

They highlighted:

 

“Board members and the Governance Board have a clear understanding of the strength and areas for improvement and that members of the Board routinely challenge senior leaders to improve the quality of education.”

 

There is evidence of that impact in the Ofsted report.  Finally they highlighted that:

 

 “Safeguarding arrangements are effective within the Service and that learners and apprentices feel safe when they are learning with us.”

 

I am sure all members across the Chamber will  ...  view the full minutes text for item 53/23

54/23

Notice of Motion

Minutes:

None received.