Agenda and minutes

To receive apologies for absence (if any)

Apologies for absence were received from Councillors Allen, Ashton, Greenhalgh, Kemp, Mihaly, Moss, Nelson, Smith and Woods.

To receive declarations of interest (if any)

The following Councillors declared a disclosable and pecuniary interest with regard to item 15 on the agenda (minute 81/23 refers) by virtue of their membership of Derbyshire Fire and Rescue Authority:

T Ainsworth, S Bull, S Burfoot, M Foster, N Gourlay, R Iliffe, J Innes, L Ramsey, S Swann D Taylor and J Woolley.

Councillor A Foster declared a disclosable and pecuniary interest with regard to item 15 on the agenda (minute 81/23refers) by virtue of her position as Police and Crime Commissioner. Councillor R Flatley also declared the same interest by virtue of his position as Deputy Police and Crime Commissioner.

Councillor K Gillott declared a disclosable and pecuniary interest with regard to items 14 and 15 on the agenda (minutes 80/23 and 81/23 refer) by virtue of his membership of the Derbyshire Fire and Rescue Authority.

The Chairman welcomed Councillor Alan Haynes to his first meeting having been elected on the 31 August to the Swadlincote South Division.

To confirm the minutes of the meeting of the Council held on 12 July 2023.

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 12 July 2023.

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

Nothing was raised under this item.

To consider public questions (if any)

Question from Sue Owen to Councillor S Spencer, Cabinet Member for Corporate Services and Budget

“The Department of Levelling Up, Housing and Communities is proposing that all Local Government Pension funds should be transferred into less than 8 pools by 2025, with 5% of funds allocated to levelling up.  While we support investment in local sustainable projects and housing, we see this proposed change as a severe curtailment of local democracy. It will mean that local councils have virtually no control over their pension funds to which the people they represent have contributed their earnings. 

I also asked a question previously about the Economic Activities of Public Bodies (Overseas Matters) Bill. Both these proposed changes represent a profound attack on local democracy.

Will Derbyshire County Council defend local democracy and oppose these proposed changes to pension funds, and what has or will be your response to both the consultations?”

Councillor Spencer responded as follows:

“I would have to disagree that the proposals will bring about a “curtailment of local democracy” in your original statement, but that aside I would also tell you that we have responded on a technical basis to the procurement consultation that has been taking place recently and of course a report was taken to the Pensions and Investment Committee last week on which they had a discussion about that very same item.

As I would also point out to you, it is our priority to look after the interests of the Local Government Pension Scheme on behalf of its membership and that is what this Authority will continue to do in the future.” 

Mrs Owen asked the following supplementary question:

“I still don’t feel that I understand what your response was to either of these proposed changes and as you are responding to the consultation on behalf of the people of Derbyshire I would appreciate it if you can give me a clear understanding of how Derbyshire County Council has responded to both of those consultations, and also would you agree that Levelling Up is a good concept and that the Pension Fund could invest more in local membership of sustainable enterprises such as green energy, insulation or social housing instead of investing in dangerous fossil fuels?”

Councillor Spencer responded as follows:

“I am more than happy to furnish you with a written response with regard to the detail of the consultation which was very technical in its approach.

I would also say with regard to Levelling Up, as I said earlier in our discussion it is the priority of the Pension Fund to invest the pensions of the staff of this organisation in an appropriate fashion to give the return that is required.  All I can say to you is I will furnish you with the detail of the consultation response but like I say it was a very technical response and I am more than happy to keep you informed with regard to the ongoing discussions because that consultation will come back to us  ...  view the full minutes text for item 72/23

To receive petitions (if any)

None received.

The Managing Director introduced a report, which had been circulated in advance of the meeting that sought agreement, in principle, to conferring the title of Freewoman of the County on Millie Bright following the England Team’s recent success at the World Cup.

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

RESOLVED:

1)   To support in principle the proposal to confer the title of Honorary Freewoman of the County of Derbyshire upon Millie Bright; and

2)   Agree to convene a special meeting of the Council on a future date to be confirmed to consider the nomination.

The Director of Legal and Democratic Services introduced a report, which had been circulated in advance of the meeting, that sought approval for the updated seats to committees and appointments to outside bodies to ensure that the political balance was correct following the Swadlincote South by election.

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

RESOLVED:

To approve the following changes to representation on committees:

1) Remove Councillor R Flatley from the Appointments and Conditions of Service Committee;

2) Add Councillor D Allen as a Member of the Appointments and Conditions of Service Committee;

3) Add Councillor A Haynes as a Member of the Improvement and Scrutiny Committee – Places;

4) Add Councillor A Gibson as a member of the Improvement and Scrutiny Committee - Climate Change, Biodiversity and Carbon Reduction;

5) Appoint Councillor G Hickton as the Vice-Chair of the Improvement and Scrutiny Committee - Climate Change, Biodiversity and Carbon Reduction; and

6) Appoint Councillor S Swann as the Council’s representative on the National Coal Mining Museum for England Liaison Committee.

The Director of Legal and Democratic Services introduced a report, which had been circulated in advance of the meeting, that sought agreement to various updates and amendments to the Code of Conduct for Employees and a related amendment to the Constitution.

On the motion of Councillor Spencer, duly seconded it was

RESOLVED to:

1)   Approve the amendments to the Employee Code of Conduct as outlined at paragraph 2.8 of the report and as recommended by the Appointments and Conditions of Service Committee and the Governance, Ethics and Standards Committee;

2)   Determine that the revised Code of Conduct for Employees at Appendix 4 to the report be adopted by the Council;

3)   Agree that the Employee Code of Conduct and Ethics Statement, currently included within the Constitution at Appendices 12 and 10, be removed from the Constitution and that the Monitoring Officer be authorised to make any consequential amendments resulting from the removal of these two appendices to the Constitution; and

4)   Agree that the responsibility for the consideration and approval of the Code of Conduct for Employees be delegated to the Appointments and Conditions of Service Committee as a corporate employment policy and that the Monitoring Officer be authorised to amend Article 13 of the Constitution as set out in paragraph 2.5 of the report.

The Director of Legal and Democratic Services and Monitoring Officer introduced a report, which had been circulated in advance of the meeting, that presented the annual report of the Chairman of the Governance, Ethics and Standards Committee.

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

RESOLVED:

To receive and note the Annual Report of the Chairman of the Governance, Ethics and Standards Committee attached to the report at Appendix 2.

The Managing Director introduced a report, which had been circulated in advance of the meeting that requested Council to note the appointment of Simon Stevens to the role of Executive Director of Adult Social Care and Health and the officer having statutory responsibility for the director of adult social services under section 6(A1) of the Local Authority Social Services Act 1970.

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

RESOLVED:

To note the appointment of Simon Stevens to the role of Executive Director of Adult Social Care and Health and the officer having statutory responsibility for the director of adult social services under section 6(A1) of the Local Authority Social Services Act 1970.

The Director of Legal and Democratic Services and Monitoring Officer introduced a report, which had been circulated in advance of the meeting that in accordance with the provisions of the Constitution, informed Council of the executive decisions that had been taken as a matter of urgency where 28 days’ notice of the decision could not be given and therefore call-in had been waived.

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 to 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 to the report.

To consider questions submitted by Elected Members

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

“Could the Cabinet Member please provide an update on the campaign for a sixth form in Bolsover?”

Councillor Dale responded as follows:

“I am delighted to inform members of the Chamber that on the 22 August the Secretary of State for Education announced that the Bolsover bid for a Sixth Form had been successful in the latest round of the Free Schools Programme.  That means that the DfE will lead on the project, they will fund it and they will work with the Redhill Academy Trust and obviously hopefully the Sixth Form will be open within the next few years.

I think we would all agree in this Chamber that education is the great enabler and this will have an absolutely transformational impact on the life chances of children and young people growing up in the Bolsover area.  They will no longer be forced to travel far and wide to access post-16 education, which is absolutely their right, and it will significantly increase the rates of school leavers going on to Sixth Form from that area, which are historically very low, much lower than the national figure and need to be improved.  It is also a great and very visible statement and reminder to kids in the Bolsover area that if you work hard you can get on in life no matter how humble your background.  I have no doubt that this is a real game changer in terms of raising aspirations in the area. 

It was a manifesto commitment for this administration to support the campaign and that is exactly what we have done.  I have had several meetings with the Trust, with the local MP.  We have provided statistics and data from our fantastic Development Team to support the bid and I also wrote a letter of support directly to the Secretary of State outlining our Council’s support for rectifying this real issue for the Bolsover area.

I particularly want to say thank you to a few people. Councillor Barron, Councillor Siddle, Councillor Woolley and Councillor Hoy, as local members you have been absolutely chomping at the bit on this issue, regularly lobbying me and joining that campaign and supporting the campaign so I want to thank you for all your efforts in helping to deliver it.  I want to thank the Redhill Academy Trust for their ambition and determination to get this over the line.  It was a big bold undertaking for them to agree to put the bid forward and really go for this, clearly not without risks but fantastic it has paid off and they have got that in the end, and in particular the headteacher who has been fantastic in really championing this project.

Finally, and particularly to Mark Fletcher the MP who has absolutely spearheaded this campaign since his election in 2019.  I have lost track of the number of times he has raised it in Parliament, local petitions,  ...  view the full minutes text for item 80/23

On the motion of  the Chairman, duly seconded Councillor J Wharmby took the Chair.

(The following Councillors having previously declared an interest in this item left the Council Chamber for its deliberation:

Councillors Ainsworth, Bull, Burfoot, Flatley, A Foster, M Foster, Gillott, Gourlay, Iliffe, Innes, Swann, Taylor, Ramsey and Woolley.)

Councillor J Dixon proposed a motion that was duly seconded, in the following terms:

Background

Council notes the comments of the Leader of the Council when launching his campaign to become the Mayor of the proposed East Midland’s Region where he said:

“the Government intends to scrap police and crime commissioner roles and merge them into the new East Midlands mayor position, along with fire authorities, and that this would also include the merging of Derbyshire and Nottinghamshire police forces.”

Council believes that the merger of either the Derbyshire police or fire services with Nottinghamshire police and fire services would not be in the best interests of Derbyshire residents, that it would not improve community safety or provide financial efficiencies, and would negatively affect the performances of both Derbyshire services.

The motion proposed was:

That this Council opposes any proposal to merge:

1)   Derbyshire Constabulary with the Nottinghamshire Police;

2)   Derbyshire Fire and Rescue Service with the Nottinghamshire Fire and Rescue Service.

An amendment to the motion was proposed by Councillor S Spencer, duly seconded, in the following terms

That this Council recognises the good work undertaken and the service provided by Derbyshire’s Emergency Services and would be opposed to proposals to merge:

1)   Derbyshire Constabulary with the Nottinghamshire Police;

2)   Derbyshire Fire and Rescue Service with the Nottinghamshire Fire and Rescue Service.

Therefore, it is requested that the Authority writes immediately to the Government to express the view of the Council.

(Break from 15:39 to 15:46)

The proposition as amended was put to a named vote and declared to be WON.

On the motion of Councillor J Dixon, duly seconded and in accordance with the Local Authority (Standing Orders) (England) (Amendment) Regulations 2014 a recorded vote was taken on the substantive motion as follows:

For the substantive motion:

Councillors Ashton, Athwal, Atkin, Barron, Bingham, Bryan, Clarke, Collins, Cupit, A Dale, C Dale, Dixon, Ford, Fordham, George, Gibson, Grooby, Hart, Hayes, Haynes, Hickton, Hobson, Hoy, Kinsella, King, Major, Muller, Murphy, Musson, Niblock, Parkinson, Patten, Renwick, Rose, Siddle, Spencer, Stevenson, Sutton, Wharmby, Wilson and Yates.

Against the substantive motion:

None.

Abstentions:

Councillor Lewis.

The vote was declared to be WON and the motion carried. It was therefore

RESOLVED:

That this Council recognises the good work undertaken and the service provided by Derbyshire’s Emergency Services and would be opposed to proposals to merge:

1)       Derbyshire Constabulary with the Nottinghamshire Police;

2)       Derbyshire Fire and Rescue Service with the Nottinghamshire Fire and Rescue Service.

Therefore, it is requested that the Authority writes immediately to the Government to express the view of the Council.