Agenda and minutes

To receive apologies for absence (if any)

Apologies for absence were received from Councillors Athwal, Collins, George and Musson.

To receive declarations of interest (if any)

None received.

The Chairman congratulated Linda Clowes, a colleague in Adult Care, who would be retiring from the Council in December after a fifty-year career. Linda's varied career had seen her support well over 130 social work students as well as practice educators and apprentices. He wished her all the best for her retirement.

The Council had recent success in the National Social Worker of the Year Awards which saw the enhanced support team win the silver award in the Team of the year category. Members sent their congratulations and thanks to Shannon Trodden who was a finalist in the Student Social Worker category and Deb Solomon who was a finalist in the social worker of the year category.

The Chairman paid tribute to Pete Handford, Director of Finance and ICT, who was attending his final meeting of Council as he was leaving his position at the end of the year. A number of members spoke to thank Pete for his support and hard work for the authority.

The Chairman congratulated Councillor Robert Parkinson who was Civic Chairman's in 2019/20. Due to the covid pandemic, Councillor Parkinson could not receive his award in 2020. Councillor David Wilson, current Civic Chairman, presented the award and members congratulated Councillor Parkinson.

To confirm the minutes of the meetings of the Council held on 13 July 2022, 14 September 2022 (re-convened on 2 November 2022) and the extraordinary meeting held on 2 November 2022.

On the motion of the Chairman, duly seconded, it was

RESOLVED:

That the minutes of the meetings of the Council held on 13 July 2022, 14 September 2022 (re-convened on 2 November 2022) and the extraordinary meeting held on 2 November 2022 be confirmed as correct records.

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 David Ingham to Councillor S Spencer, Cabinet Member for Corporate Services and Budget

“I recently contacted Legal Services to establish why the Council, unlike other Councils, does not publish a disclosure log to view that contains EIR and FOI requests. I’ve been informed a log is not a statutory requirement but is something which may be addressed in the future as part of the overall data management strategy and continued commitment to transparency.

Given between July and December 2021 the Council received 58 EIR and 530 FOI requests it would strongly suggest that publishing a log would be extremely beneficial for those seeking information and the Council too – e.g. requests may not be submitted at all if something similar has already been responded to and published. I believe a log could only serve to reduce the number of requests and also potential Council processing costs.

Rather than may, can this be addressed and now as part of the data management strategy?”

Councillor Spencer responded as follows:

"The Freedom of Information Act 2000 requires Councils to have a publication scheme approved by the Information Commissioner’s office detailing the information which is provided by the Council.  Derbyshire County Council complies with this fully.

Publication of responses to the Freedom of Information Act 2000 requests are not a statutory requirement and the Council needs to carefully consider whether it is appropriate to devote resources to publishing and disclosing the log in the way you suggest, particularly given the backdrop of the budgetary pressures the Authority is facing.

In response to your specific request the Data Protection office and the Access to Information Team continually assess the information that is taking place moving forward, which we will continue to do, but I have no commitment at this time to publish those facts as you have requested.”

Mr Ingham asked the following supplementary question:

“I would like to reaffirm in terms of the supplementary I am raising now my question is not posed to you directly I raise it via you, it is more for officers to address.

Since submitting my first question that you have responded to Democratic Services have been further advised by Legal Services on the 2 November that they are looking of ways to improve the handling of information requests.  This is due to an oversight of not responding to a request from myself made last year within a statutory one month period.  It was an eleven month oversight and was only picked up when the Information Commissioner’s office got involved in September.

Ironically on the 2 November, on the very same day, Councillor Lewis was kind enough to engage with me in this Chamber regarding the devolution deal consultation process to help ensure people aren’t missed and forgotten. 

Obviously I have made my private thoughts known relating to this apparent oversight to Emma Alexander, Helen Barrington and Councillor Lewis this week.  Clearly this helps to reinforce why Legal Services would benefit from a disclosure log to free  ...  view the full minutes text for item 90/22

To receive petitions (if any)

None received.

The Executive Director for Childrens Services introduced a report, which had been circulated in advance of the meeting, that proposed the Derbyshire Youth Justice Plan 2022/23 for approval.

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

RESOLVED to:

1)   Note that the Youth Justice Plan was approved by Cabinet at the meeting held on 17 November; and

2)   Approve the Youth Justice Plan as part of the policy framework.

The Managing Director introduced a report, which had been circulated in advance of the meeting, providing Members with an update of Council Plan performance and a forecast outturn for the Revenue Budget for 2022-23, as at the end of the first quarter.

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

RESOLVED to:

Note the update of Council Plan performance and the Revenue Budget position/forecast outturn for 2022-23 as at 30 June 2022 (Quarter 1).

The Director of Finance and ICT introduced a report, which had been circulated in advance of the meeting, providing an update on the Capital budget monitoring position at 30 June 2022.

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

RESOLVED:

To note the position on the monitoring of Capital schemes as at 30 June 2022 (Quarter 1).

The Director of Legal and Democratic Services introduced a report, which had been circulated in advance of the meeting, reporting an additional delegation to the Director of Public Health that had been included in the constitution.

RESOLVED to:

Note the additional delegation to the Director of Public Health, which has been included in the Constitution by the Monitoring Officer under

delegated powers.

The Director of Legal and Democratic Services introduced a report, which had been circulated in advance of the meeting, seeking approval to make changes to the Cabinet procedure rules for inclusion in the constitution.

RESOLVED:

To agree that the Cabinet Procedure Rules are amended to include provision for questions from Minority Group Leaders, as set out in paragraph 2.2 of the report for inclusion in the Constitution.

The Director of Legal and Democratic Services introduced a report, which had been circulated in advance of the meeting, seeking agreement to make a number of changes to committee composition following the recent by election and requests from political groups.

RESOLVED to:

Approve the following changes to representation on committees:

1)   Remove Councillor A Dale from the Standing Advisory Committee for Religious Education;

2)   Add Councillor J Bryan as a Member of the Standing Advisory Committee for Religious Education;

3)   Replace Councillor D Collins with Councillor A Clarke as a member of the Improvement and Scrutiny Committee - Places; and

4)   Add Councillor N Gourlay as a member of the Improvement and Scrutiny Committee - People and Councillor G Hickton as a member of the Regulatory Planning Committee.

The Director of Legal and Democratic Services introduced a report, which had been circulated in advance of the meeting, seeking approval to make appointments to the Council's Independent Remuneration Panel, following a recent recruitment exercise.

RESOLVED:

To approve the appointment of Matthew Holden, Robin Morrison, and Gemma Shepherd-Etchells to the Independent Remuneration Panel for a four-year term from 5 December 2022, with a review carried out by the Director of Legal and Democratic Services, in consultation with the Chair of the Governance Ethics and Standards Committee, after one year.

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

1.  Question from Councillor E Fordham to Councillor K Athwal, Cabinet Member for Highways, Assets and Transport

“Will the Cabinet Member commit to ensuring that all new bus shelters will be pollinator friendly with living roofs and further commit to ensuring that old bus shelters are replaced with pollinator friendly bus stops when they reach the end of their life cycle?”

Councillor Athwal was unable to attend the Council meeting.  Councillor Fordham was emailed this written response:

“Derbyshire County Council owns just 13 of the 1,730 bus shelters provided around the county. The vast majority are owned, managed and maintained by the relevant local authority (District, Borough, and mainly Town or Parish Council).   In addition, a small number are the responsibility of commercial providers, usually via agreements with the relevant local council. 

There are benefits to “pollinator friendly” roofs in supporting biodiversity.  However, they also have drawbacks, such as the loss of a glazed clear roof which can provide a less welcoming space for waiting passengers.  We therefore focus our biodiversity efforts on other activity, such as the maintenance of highways verges which are attractive to wildlife and flowers – and provide more beneficial wildlife corridors through our County.”

2.  Question from Councillor E Fordham to Councillor K Athwal, Cabinet Member for Highways, Assets and Transport

“As winter approaches, what new or additional measures has the Council introduced to minimise the need for short term and repeated repairs on cold weather damage, such as potholes, on the roads of Derbyshire?”

Councillor Athwal was unable to attend the Council meeting.  Councillor Fordham was emailed this written response:

“The Council is investing £120m in the Highways Capital Programme over the three-year period 2020-2024.  Using our asset management policy, we have undertaken a large programme of resurfacing, surface dressing and micro-asphalting with the aim of extending the lives of our roads and reducing the need for reactive repairs.  During the summer, this resulted in the lowest number of outstanding defects on our roads that we have ever recorded. 

The Highways Service has recently embarked on a research project that will focus on reactive maintenance. The research project will review existing techniques, materials and the processes that underpin the reactive maintenance function. The project will identify any improvements that can be made to ensure that our operations is as efficient and effective as possible. This is a key component of the Derbyshire Highways transformation programme.”  

3.    Question from Councillor E Fordham to Councillor C Renwick, Cabinet Member for Infrastructure and Environment

“How many tonnes of waste has Derbyshire County Council handled over the five years that has gone to landfill and recycling respectively?”

Councillor Renwick responded as follows:

“For the five years from 2017-18 to 2020-21-22, 370,051 tonnes of waste sent to landfill; 922,039 tonnes recycled.”

Councillor Fordham asked the following supplementary question:

“I just wonder whether there is a conversation to be had about the waste that the county picks up and the waste that the Boroughs pick up and whether or not  ...  view the full minutes text for item 100/22

Councillor M Yates proposed a motion that was duly seconded, in the following terms:

"That Council calls upon the Prime Minister to implement a Great Homes Upgrade and a commitment to retrofit 19 million homes by 2030.

We also call on the Chancellor to use the Spring Budget to commit to spending £11.7Bn over the next three years to begin a Great Homes Upgrade, and the government to commit to working with housing associations, private landlords, and owner occupiers to upgrade properties to achieve net zero, and to setting up a retrofitting taskforce to target resources to achieve this."

Following debate, with the agreement of the proposer, the motion was updated to change "Great Homes Upgrade" to "great homes upgrade"

Following debate, the motion was duly voted on and declared to be WON. It was therefore

RESOLVED:

That Council calls upon the Prime Minister to implement a great homes upgrade and a commitment to retrofit 19 million homes by 2030. We also call on the Chancellor to use the Spring Budget to commit to spending £11.7Bn over the next three years to begin a great homes upgrade, and the government to commit to working with housing associations, private landlords, and owner occupiers to upgrade properties to achieve net zero, and to setting up a retrofitting taskforce to target resources to achieve this."