Council - Wednesday 9 January 2008

Present at the meeting:-

  • The Mayor (Councillor J D O’Brien)
  • The Deputy Mayor (Councillor R Winkworth)
  • Councillor K Aldred
  • Councillor M Aldred
  • Councillor K Anderson
  • Councillor N D Ash
  • Councillor J B Baldwin
  • Councillor Mrs J Beswick
  • Councillor A M L Bland
  • Councillor R M Bleakley
  • Councillor Mrs B Bourne
  • Councillor B Bowen
  • Councillor N A Bradbury
  • Councillor G M Bretherton
  • Councillor H L Cadman
  • Councillor W Carney
  • Councillor R Clayton
  • Doctor Councillor C M Cottam
  • Councillor Mrs P Cullen
  • Councillor K Cunliffe
  • Councillor G Davies
  • Councillor R J Derricutt
  • Councillor J Eccles-Churton
  • Councillor B J Fagan
  • Councillor Ms L E Fagan
  • Councillor G A Fairhurst
  • Councillors G W Fairhurst
  • Councillor I A Franzen
  • Councillor P R Franzen
  • Councillor J Haley
  • Councillor T W Halliwell
  • Councillor J Hilton
  • Councillor J D Hodgkinson
  • Councillor Ms P L Holland
  • Councillor E N Houlton
  • Councillor Mrs J Hurst
  • Councillor Mrs S Loudon
  • Councillor K W McManus
  • Councillor B Merry
  • Councillor J Miller
  • Councillor D T Molyneux
  • Councillor J Moodie
  • Councillor J A O’Neill
  • Councillor Mrs J M Peet
  • Councillor Mrs J Prescott
  • Councillor P Prescott
  • Councillor C Ready
  • Councillor C Rigby
  • Councillor A Robinson
  • Councillor W Rotherham
  • Councillor Mrs E Smethurst
  • Councillor P R C Smith
  • Councillor R T Splaine
  • Councillor C Sweeney
  • Councillor J Talbot
  • Councillor P Thompson
  • Councillor Mrs A Turnock
  • Councillor P A Tushingham
  • Councillor F B Walker
  • Councillor Mrs M J Whiteside
  • Councillor N R Whittingham
  • Councillor G Wilkes
  • Councillor W J Wilkes
  • Councillor B M Wilson
  • Councillor M W Winstanley

63 Apologies for Absence: Councillors M Baines, S C Barnes, Mrs A Bennett, Mrs J S Birch, M Dewhurst, Mrs S Dewhurst, Mrs D Fairhurst, Mrs B Jarvis and M Klieve.

64 Minutes: The minutes of the meetings of the Council held on 31 October 2007 were approved as correct records and signed by the Mayor.

65 Mayoralty 2008/09: Resolved: (1) The Council agrees that Councillor R Winkworth as a fit and proper person to become Mayor of the Metropolitan Borough of Wigan for the next Municipal Year.

(2) The Council defers consideration of the Deputy Mayor of the Metropolitan Borough of Wigan for the next Municipal Year to the next meeting of Council.

66 Mayor’s Communications: (a) Mayoral charity update: The Mayor advised that the total amount raised for the Mayor’s charity was, to date, £36,500, with some money outstanding.

The Mayor advised that former Mayor, Councillor Mrs E Smethurst, had presented £22,075 to each of her charities (DIAS and Victim Support) in November 2007.

(b) Queens New Year’s Honours 2008: It was with great pleasure that the Mayor congratulated on behalf of the Council:-

  • Sir Ian Murray McKellen on being awarded the CBE for his services to drama and equality;
  • Jason Thorpe Robinson on being awarded the MBE for his services to sport, lately England and Sale Sharks Rugby Union Captain and former Wigan Warriors player;
  • William Brian Ashton, born in Leigh, Head Coach, England Rugby Team on being awarded the MBE for services to sport;
  • Francis John Edmond Rigby, formerly of Hindley Green on being awarded the MBE for services to the community in Bolton, particularly Wigan and Leigh Hospice; and
  • Vernon Rose, of Tyldesley on being awarded the MBE for services to the community of Bolton, particularly Bolton Mountain Rescue.

(c) Announcement by the Deputy Leader (Councillor J A O’Neill) – Member of the Executive: Councillor J A O’Neill (Deputy Leader and Cabinet Champion for Regeneration) made statements about the following:-

  • Annual Design Awards; and
  • Wigan Borough in Bloom.

(d) Retirement of Mr Adrian Hardy, Assistant Chief Executive: The Mayor informed Members of the impending retirement of Mr Adrian Hardy, Assistant Chief Executive at the end of January 2008.

Members of the Council paid tribute to the service of Mr Hardy since his appointment in 1973 within the Council’s Planning Department and later as Assistant Chief Executive.

Resolved: The Council extends to Mr Adrian Hardy best thanks for his significant contribution to the Council and best wishes for a long and healthy retirement.

(e) Retirement of Mr Bob Saunders, Executive Director - Joint Service Centre: The Mayor informed Members of the impending retirement of Mr Bob Saunders, Executive Director for the Joint Service Centre at the end of January 2008.

Members of the Council paid tribute to the service of Mr Saunders since his appointment in 1989 as Borough Environmental Health and Consumer Protection Officer and later as Director of the Community Protection Department and most recently as Executive Director of the Joint Service Centre.

Resolved: The Council extends to Mr Bob Saunders best thanks for his significant contribution to the Council and best wishes for a long and healthy retirement.

(f) Retirement of Mr B Hayes, Democratic Services Manager: The Mayor informed Members of the impending retirement of Mr Brian Hayes, Head of Democratic Services at the end of January 2008.

Members of the Council paid tribute to the service of Mr Hayes since his appointment in 1971 as a Committee Clerk at Leigh Borough Council and later as Democratic Services Manager for Wigan Council.

Resolved: The Council extends to Mr Brian Hayes best thanks for his significant contribution to the Council and best wishes for a long and healthy retirement.

(g) Further issues (if any): There were no further issues.

67 Outstanding business from last Council meeting: The Council considered minute 58(b) of Council which requested the Chief Executive to consult Members of the Licensing and Regulation Committees on the change of day and to report the findings to the next Council meeting.

It was moved by Councillor P R C Smith and seconded by Councillor J A O’Neill:-

The Council requests Democratic Services, in conjunction with the Chairman of the Regulation Committee, to produce a programme of meetings on both Wednesday and Friday reflecting the balance of the Committee’s opinion.

Councillor P R Franzen moved an amendment, which was declared invalid.

The Mayor then put the motion, which he declared carried and it was

Resolved: The Council requests Democratic Services, in conjunction with the Chairman of the Regulation Committee, to produce a programme of meetings on both Wednesday and Friday reflecting the balance of the Committee’s opinion.

(Councillor P R Franzen requested that his vote against this decision was recorded)

68 Policy and budget framework: (a) Housing Revenue Account (HRA) – rent setting 2008/09: Further to Joint Cabinet and Overview and Scrutiny Committee minute 3, the Council considered a report on the proposal for rents and minor charges for 2008/09 for local authority dwellings.

It was moved by Councillor P R C Smith and seconded by Councillor J A O’Neill:-

The Council:-

  • agrees that dwelling rents increase on average by 4.8%;
  • agrees that voluntary repayment of debt is suspended for a further two financial years;
  • agrees that service charges increase by 4.4%; and
  • agrees that garage rents increase by 4.8%.

Councillor N R Whittingham made a comment on this item.

An amendment was moved by Councillor P R Franzen and seconded by Councillor B J Fagan:-

The Council proposes a 0% increase in the Council Tax rents for 2008/09.

During the debate, Councillor P R C Smith moved the following procedural motion, which was seconded:

That the Council does not allow proceedings to be recorded and any such recordings should be handed in to the Borough Solicitor for destruction.

On the procedural motion being put to the vote, the Mayor declared it carried.

On the amendment being put to the vote, the Mayor declared it lost.

During the debate, Councillor P R C Smith moved the following procedural motion, which was seconded:

The Council (in view of the time) agrees that only one representative from each Political Group be permitted to respond to the original motion with the Leader then summing up.

On the procedural motion being put to the vote, the Mayor declared it carried.

(Councillors A M L Bland, G A Fairhurst, G W Fairhurst and J D Hodgkinson requested that their votes against this procedural motion were recorded).

During the debate, the Mayor moved the following procedural motion, which was seconded:

This Council agrees that Councillor P R Franzen is not heard further in accordance with Rule of Procedure 18.3.

On the procedural motion being put to the vote, the Mayor declared it carried.

The Mayor then put the original motion, which he declared carried and it was

Resolved: The Council:-

  • agrees that dwelling rents increase on average by 4.8%;
  • agrees that voluntary repayment of debt is suspended for a further two financial years;
  • agrees that service charges increase by 4.4%; and
  • agrees that garage rents increase by 4.8%.

(Councillor J D Hodgkinson requested that his vote against this decision was recorded).

(Councillors C Ready, F B Walker, M W Winstanley and Mrs M Whiteside declared a prejudicial interest in this item as they are members of the Wigan and Leigh Housing Board and left the meeting during consideration of this item. Councillor P Thompson declared a personal and non prejudicial interest in this item due to his role as a private sector landlord. Councillor G W Fairhurst declared a personal and non prejudicial interest in this item due to his employment as a financial advisor).

(b) Further issues (if any): There were no further issues.

69 Constitutional issues: (a) Changes in membership/appointment of Members to Committees/Panels (if any): There were none.

(b) Appointment of representatives on outside bodies 2007/08: The Council considered a report requesting the Council to appoint nominated representatives to certain vacancies on outside bodies during 2007/08. The report set out details of the nominations which had been received in respect of the vacancies.

Furthermore, Council considered minute 228 of Cabinet which agreed the establishment of a Single Commissioning Agency (SCA) with Ashton, Leigh and Wigan Primary Care Trust (PCT) which would commission joint functions currently associated with health and social care provision.

Following consultation it had been suggested that the membership of the Board should comprise of the Leader of the Council plus three Cabinet Members from the Council together with the Chair and three Non-Executive Directors of the PCT:

The report set out the recommended Cabinet Members for these posts.

Resolved: The Council:-

  • makes the following appointments to outside bodies:-
 Outside Body  Appointees
Lowton Untied Charities

Mr N B Holt – to be reappointed for 4 years from January 2008.

Mr J F Newton - to be reappointed for 3 years from January 2008.

Honorary Alderman T Sherratt - to be reappointed for 2 years from January 2008.

Citizens’ Advice Bureau – Wigan, Hindley, Ashton-in-Makerfield and Atherton (joint) Councillor J Talbot 
 Wigan Town Relief in Need Charity

Councillor M Baines - to be reappointed for 4 years from January 2008.

Honorary Alderman Mrs M Milligan - to be reappointed for 4 years from January 2008.

Honorary Alderman Mrs M M Coghlin - to be reappointed for 4 years from January 2008.

Mr G R Walsh - to be reappointed for 4 years from January 2008.

Mr R T Frodsham - to be reappointed for 4 years from January 2008. 

  • agree that the membership of the Single Commissioning Agency’s Joint Board, so far as the Council is concerned, comprises of:-
    • Leader of the Council;
    • Deputy Leader of the Council;
    • Cabinet Champion for Healthier Communities and Older People; and
    • Cabinet Champion for Children and Young People’s Services.

(c) Overview and Scrutiny Annual Report – 2006/07: The Council considered a report that detailed the activities of the Overview and Scrutiny Committee in 2006/07.

Councillor Mrs S Loudon made a comment on this item.

Resolved: The Council notes the content of the report and the range of work undertaken by the main Committee and the Select Committees over the course of 2006/07 and thanks the Members and officers concerned for their contributions.

(Councillor M W Winstanley declared a personal and non-prejudicial interest in this item as he is a member of the Wigan and Leigh Housing Board).

(d) Appointment of LEA representative governors: The Council considered a report which gave details of schools within the Borough where appointments of Local Education Authority (LEA) representative Governors were required. The report also set out details of nominations that had been received in respect of some of the vacancies.

Resolved: The Council:-

  • approves the LEA Governor nominations as set out in the report now submitted; and
  • requests the Director of Children and Young People’s Services to advise the Local Authority appointed Governors of their terms of office as set out in the report.

(e) Further issues (if any): There were no further issues.

70 Freedom of the Borough – The Royal Mercian and Lancastrian Yeomanry: The Council considered a report on a request for the Council to grant the Freedom of the Borough to The Royal Mercian and Lancastrian Yeomanry, the Territorial Army (TA) Reserve Unit based in Wigan.

Councillor Mrs E Smethurst made a comment on this item.

Resolved: The Council:-

agrees, in recognition of the long and close association between the Borough and the regiment, to confer upon The Royal Mercian and Lancastrian Yeomanry, who are the Territorial Army (TA) Reserve Unit based in Wigan, the Honorary Freedom of the Borough, including the right, privilege and honour of marching through the streets of the Borough of Wigan on ceremonial occasions with swords drawn, bayonets fixed, drums beating, bands playing and guidon flying;

  • agrees to hold a special meeting of the Council to be held at 7.00 p.m. on 27 February 2008 for the purpose of formally conferring the title of Freedom of the Borough;
  • agrees to suspend Rule of Procedure 1.1(iii) to allow the normal meeting of the Council previously fixed for 27 February 2008 to be held following the special meeting;
  • approves the provision of appropriate refreshments in the Mayor’s Parlour prior to the special meeting of the Council referred to above; and
  • approves the arrangements for a church service to be followed by a march through the town on Sunday, 9 March 2008 with appropriate refreshments provided in the Town Hall following the march.

(Councillor P A Tushingham declared a personal and non prejudicial interest in this item as his father-in-law was an NCO in the Duke of Lancaster’s Yeomanry based at Wigan barracks.)

71 Review of polling districts and polling places: Further to Cabinet minute 243, the Council considered a report on alternative locations for polling places identified as necessary during the recent review of polling arrangements.

Resolved: The Council agrees the relocation of polling places as follows:-

  • St Anne’s Church as the polling place for polling district WDA (Wigan West) in place of Beech Hill Primary School;
  • Golborne High School as the polling place for polling district LGC (Golborne and Lowton West) in place of Lowton Road Methodist Church;
  • Heathside Lodge as the polling place for polling district LDE (Leigh West) in place of the site of the former Our Lady of the Rosary RC Primary School; and
  • requests the Chief Executive to continue investigations to identify an alternative location for the polling place serving polling district LHB (Leigh East)(13th Leigh Scout Headquarters).

72 Questions and Comments under rule 8(1)(b) in relation to the deliberations of the Cabinet, Committees and Panels:

Councillor J D Hodgkinson made a comment on minute 221 of the meeting of Cabinet (Joint Service Centre (JSC) PFI project – exemption from standing orders enabling work) of 15 November 2007.

Councillor M W Winstanley made a comment on minute 227 of the meeting of Cabinet (Response on the proposed closure of Post Offices in Orrell, Wigan and Leigh) of 29 November 2007.

Councillor J D Hodgkinson made a comment on minute 233 of the meeting of Cabinet (New governance arrangements in Greater Manchester) of 29 November 2007.

Councillor J D Hodgkinson made a comment on minute 234 of the meeting of Cabinet (Phase 3 Grand Arcade development possible involvement of the Council) of 29 November 2007.

Councillor M W Winstanley made a comment on minute 241 of the meeting of Cabinet (Revenue support grant settlement and budget update) of 13 December 2007.

Councillor M W Winstanley made a comment on minute 242 of the meeting of Cabinet (Proposals for Orrell Library relocation – an evaluation) of 13 December 2007.

The Executive Leader (Councillor P R C Smith) responded to the above mentioned comments.

Councillor R M Bleakley asked a question on minute 48 of the meeting of the Community Protection Panel (Neighbourhood policing) of 12 November 2007.

The Cabinet Champion for Neighbourhood responded to the above mentioned question.

Councillor M W Winstanley asked a question on minute 32 of the meeting of the Adult Services Panel (Adult Services budget monitoring 2007/08) of 13 November 2007.

The Cabinet Champion for Healthier Communities and Older People responded to the above mentioned question.

Councillor R M Bleakley asked a question on minute 36 of the meeting of the Environment Panel (Environmental Services quarter two service plan monitoring report 2007/08) of 21 November 2007.

The Cabinet Champion for the Environment responded to the above mentioned question.

73 Questions (if any) under Rules 8 (1)(a) and (c): There were none under rule 8(1)(a).

The Council was advised that Councillor R M Bleakley had given notice that he wished to ask the Mayor for permission to put to the Executive Leader urgent questions under Rule 8(1)(c).

The Mayor agreed to Councillor R M Bleakley’s request.

Councillor R M Bleakley put the following questions to the Executive Leader:-

In light of revelations highlighted in the Wigan Evening Post dated 20 December 2007, where unsecured employees’ personal details were left in a canteen in Hindley for 48 hours, can the Leader please confirm:-

What action had been taken to secure the information and records;

  • Could he give an assurance on the safety of those employees’ personal details and what support was being provided to reassure employees that their personal details were secure;
  • What action had been taken to ensure all employees’ personal details were secure;
  • What review had taken place of the Council’s procedures and policies on confidential data of all clients and users of Council services; and
  • What disciplinary measures had been taken in relation to this breach of security of employees’ records and a possible breach of the Data Protection laws.

The Executive Leader (Councillor P R C Smith) responded to the above mentioned questions.

74 Notices of Motion: The Chief Executive and the Deputy Director of Legal and Property Services submitted a joint report on the competence and lawfulness of the motions which had been received.

(1) Councillor P R C Smith submitted the following motion, which was seconded:-

This Council welcomes the decision to retain the Remploy factory in Wigan and notes its appreciation of the work done by local MPs and the workforce to enable this to happen. It pledges to continue to work with local management to find a continuing role for the local factory and to help those workers with disabilities who wish to find place in the wider economy.

Councillor B Merry moved the following amendment, which was seconded:-

This Council welcomes the decision to retain the Remploy factory in Wigan and notes its appreciation of the work done by local Councillors, MPs and most of all, the workforce to enable this to happen. It pledges to continue to work with local management to find a continuing role for the factory and to help those workers with disabilities to continue to work as they wish to.

On the amendment being put to the vote, the Mayor declared it lost.

Councillor B J Fagan moved a further amendment, which was seconded:-

This Council congratulates the heroic and determined struggle of the Remploy factory workers in forcing Government to reverse its decision to close the Wigan Remploy factory for the time being.

This Council also pledges to work with local management to ensure the long term continuation of the Wigan Remploy factory with no loss of jobs.

This Council calls upon local MP’s Andy Burnham, Ian McCartney and Neil Turner and Wigan Council Leader Lord Peter Smith to unconditionally oppose the closure of the Wigan Remploy factory or any reduction in its workforce.During the debate, the Mayor moved the following procedural motion, which was seconded:

This Council agrees that Councillor P R Franzen leaves the meeting in accordance with Rule of Procedure 18.4.

On the procedural motion being put to the vote, the Mayor declared it carried.

On the further amendment being put to the vote, the Mayor declared it lost.

The Mayor then put the original motion, which he declared carried, and it was

Resolved: This Council welcomes the decision to retain the Remploy factory in Wigan and notes its appreciation of the work done by local MPs and the workforce to enable this to happen. It pledges to continue to work with local management to find a continuing role for the local factory and to help those workers with disabilities who wish to find place in the wider economy.

(Councillor P R Franzen requested that his dissentient vote be recorded.)

(2) Councillor P R C Smith submitted the following motion, which was seconded:-

This Council welcomes the Government’s commitment to climate change and the decision to site new eco-homes at Bickershaw. It will seek to engage with the local community, in particular young people, to build a more sustainable future.

On the motion being put to the vote, the Mayor declared it carried and it was

Resolved: This Council welcomes the Government’s commitment to climate change and the decision to site new eco-homes at Bickershaw. It will seek to engage with the local community, in particular young people, to build a more sustainable future.

(3) The Chief Executive reported that a motion by Councillor G W Fairhurst referred to on the supplementary Council Summons dated 4 January 2008 had now been with withdrawn by Councillor G W Fairhurst.

(4) The Chief Executive reported that a motion by Councillor G W Fairhurst referred to on the supplementary Council Summons dated 4 January 2008 had now been with withdrawn by Councillor G W Fairhurst.

(5) The Chief Executive reported that a motion by Councillor G W Fairhurst referred to on the supplementary Council Summons dated 4 January 2008 had now been with withdrawn by Councillor G W Fairhurst.

Councillor P R Franzen was not present in the Council Chamber at this point and therefore the following seven motions he had submitted were not considered.

(6) Wigan Council calls upon the AGMA Executive to oppose congestion charging and road pricing for Greater Manchester.

(7) Wigan Council calls upon the AGMA Executive, the GMPTA and MPs Mr A Burnham, Mr I McCartney and Mr N Turner to lobby the Government for proper funding for public transport infrastructure improvements for Greater Manchester.

(8) Wigan Council calls upon the GMPTA to reverse the decision taken at its meeting held on 1 December 2006, supported by all of the Labour members present, (including Wigan Councillors Mrs A Bennett, M Aldred and J Shaw) to abandon plans for a railway station in Golborne.

(9) Wigan Council calls upon MP Mr A Burnham to reverse his opposition to calls by more than 4000 local residents for a manned police post for Golborne and Lowton.

(10) Wigan Council opposes the proposed cuts in the number of police officers in the Borough of Wigan.

(11) Wigan Council calls for more police officers and a manned police station for Golborne and Lowton.

(12) Wigan Council notes that the cost to British taxpayers to date of the war against the people of Iraq is in excess of £15 Billion and call upon the Prime Minister, Gordon Brown, to explain to the people of the Borough of Wigan how and when the war was budgeted for, what is the source of the funding and what are the implications for the delivery of local services in the Borough of Wigan.

Councillor P R C Smith moved the following procedural motion, which was seconded:

This Council agrees to refer motions 13 and 15 set out below, submitted by Councillors J D Hodgkinson and G Wilkes respectively, be referred to the next meeting of Cabinet and reported back to the next Council meeting.

On the procedural motion being put to the vote, the Mayor declared it carried.

(13) That this Council considers when a member asks a pre-submitted question, besides being given a verbal reply, they also receive a written reply in due course.

(15) This Council believes that Enhanced Disclosure Checks, carried out by the Criminal Records Bureau, should be compulsory for all Elected Members in this Borough. This sends out a clear message to the general public that all 75 Councillors from Wigan Metro have been CRB checked and are suitable to work with young children or vulnerable adults.

(14) Councillor R M Bleakley’s motion referred to on the supplementary Council Summons dated 4 January 2008 was withdrawn.

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