Council - Wednesday 9 July 2008

Present at the meeting:

  • The Mayor (Councillor R Winkworth)
  • The Deputy Mayor (Councillor M Aldred)
  • Councillor Mrs K Aldred
  • Councillor K Anderson
  • Councillor N D Ash
  • Councillor J Atherton
  • Councillor J B Baldwin
  • Councillor S C Barnes
  • Councillor Mrs J Beswick
  • Councillor J S Birch
  • Councillor Mrs A M L Bland
  • Councillor R M Bleakley
  • Councillor Mrs B Bourne
  • Councillor B Bowen
  • Councillor N A Bradbury
  • Councillor G M Bretherton
  • Councillor R Brierley
  • Councillor H L Cadman
  • Councillor W Carney
  • Councillor R Clayton
  • Doctor Councillor C M Cottam
  • Councillor K Cunliffe
  • Councillor R J Derricutt
  • Councillor M A Dewhurst
  • Councillor Mrs S Dewhurst
  • Councillor J Eccles-Churton
  • Councillor S F Ell
  • Councillor B J Fagan
  • Councillor L E Fagan
  • Councillor Mrs D Fairhurst
  • Councillor G A Fairhurst
  • Councillor G W Fairhurst
  • Councillor S J Greensmith
  • Councillor J N Grundy
  • Councillor J Haley
  • Councillor T W Halliwell
  • Councillor J Hilton
  • Councillor J D Hodgkinson
  • Councillor Ms P L Holland
  • Councillor Mrs J Hurst
  • Councillor M Klieve
  • Councillor Mrs Y Klieve
  • Councillor P A Liptrot
  • Councillor Mrs S Loudon
  • Councillor B Merry
  • Councillor J Miller
  • Councillor D T Molyneux
  • Councillor J Moodie
  • Councillor J D O’Brien
  • Councillor Mrs J M Peet
  • Councillor Mrs J Prescott
  • Councillor P Prescott
  • Councillor C Ready
  • Councillor C Rigby
  • Councillor W Rotherham
  • Councillor E Russon
  • 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 N R Whittingham
  • Councillor G Wilkes
  • Councillor W J Wilkes
  • Councillor M W Winstanley

20 Apologies for absence: Councillors Mrs P Cullen, J Ellis, E N Houlton, K W McManus, Mrs E Smethurst and Mrs M J Whiteside.

21 Minutes: The minutes of the proceedings of the meeting of the Council held on 23 April 2008 and of the Annual Meeting of the Council held on 14 May 2008 were approved as correct records and signed by the Mayor.

Further to previous Cabinet minutes, the following changes to minutes had been made:-

 Date of Cabinet meeting  amendment to minute
 29 May and 12 June 2008

 The portfolios of the following two Cabinet Champions to read as follows in the list of Councillors present at the meeting:-

Councillor K Anderson (Cabinet Champion for Neighbourhood)

Councillor K Cunliffe (Cabinet Champion for Healthier Communities and Older People).

Minute 13 - Councillor P R C Smith to be added to the list of those declaring a personal and non prejudicial interest in the Wigan Metropolitan Development Company and to substitute Councillor K Cunliffe for Councillor K Anderson in the same personal and non prejudicial interest.

 26 June 2008

The portfolios of the following two Cabinet Champions to read as follows in the list of Councillors present at the meeting and the apologies list (minute 31 refers):-

Councillor K Anderson (Cabinet Champion for Neighbourhood)

Councillor K Cunliffe (Cabinet Champion for Healthier Communities and Older People).

22 Mayor’s Communications: (a)(i) Death of Ex Mayoress, Mrs Bessie Simmons: The Mayor referred with deep regret to the death on 17 May 2008 of Ex Mayoress, Mrs Bessie Simmons.

Bessie Simmons, wife of the late Ex Mayor Councillor W S Simmons, was a former Mayoress in 1994/95.

Mrs Simmons leaves one daughter, Lorraine and a grandson Scott.

The Chief Executive had written to the family to extend the Council’s deepest sympathy and a donation had been forwarded to Wigan and Leigh Hospice.

(b) China earthquake: The Mayor also referred with deep regret to the devastation caused by the Sichuan earthquake in China on 12 May 2008, which claimed as many as 89,000 lives.

The Chief Executive had written to the Foreign Office to express the Council’s condolences for this serious loss of life in respect of this tragedy.

All present stood for a moment as a mark of respect for the sad losses of life referred to in (a) and (b) above.

(c) Lady Smith - Deputy Lieutenant of Greater Manchester: The Mayor congratulated Lady Smith, the wife of Lord Peter Smith, on becoming a Deputy Lieutenant of Greater Manchester.

The Mayor would be writing to Lady Smith to congratulate her on this appointment.

(d) Queen’s Birthday Honours 2008: The Mayor, on behalf of the Council, congratulated P C Marie Hodkinson, on being awarded an MBE for her services to the police force.

(e) Wigan Athletic remaining in the premiership: The Mayor referred to the success of Wigan Athletic in staying in the Premier League for the third season.

The Mayor congratulated the team on its continued success.

(f) Retirement of Acting Democratic Services Manager: The Mayor informed Members of the impending retirement of Mr Harry Webster, Acting Democratic Services Manager at the end of July 2008.

Members of the Council paid tribute to the service of Mr Webster since his appointment to Wigan Council in 1964 as a Junior Clerk and progressing to Acting Democratic Services Manager upto his retirement.

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

(g) Mayoral charity update: The Mayor advised that the total amount raised for the Mayor’s charity for 2008/09 to date was £1,133.21, with some money outstanding and that the total raised to date for 2007/08 was £64,844.35.

(h) New Chaplain: The Mayor reported that following the resignation of Rev Kelvin Bolton as vicar of St. Paul’s, Goose Green, Rev Ray Hutchinson, of Wigan Parish Church would become Mayor’s Chaplain for the remainder of the Municipal Year.

The Mayor had written to Rev Bolton to express her thanks to him for his support.

(i) Civic Sunday: The Mayor thanked those who had attended the Civic Sunday event on 18 May 2008.

(j) Announcement by the Cabinet Member for the Environment (Councillor D T Molyneux) – Member of the Executive: Councillor D T Molyneux (Cabinet Member for the Environment wished to report that the second trial service relating to the collection of bulky waste had been introduced in the Tyldesley and Astley township and not the Atherton and Tyldesley township as referred to at minute 98 (d) of the April 2008 Council meeting.

23 Outstanding business from last Council meeting: There were no issues.

24 Policy and budget framework issues: (a) Food Service Plan 2008/09: Further to Cabinet minute 25, the Council considered a report on the Food Service Plan 2008/09. The aim of the plan was to ensure that food produced, consumed and sold in the Borough was wholesome and safe to eat.

Resolved: The Council adopts the Food Service Plan 2008/09 as part of the Council’s policy framework.

(b) Admission arrangements for specialist provision: This item was withdrawn.

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

25 Constitutional issues: (a) Changes in membership/appointment of Members to Committees/Panels (if any): The Council considered the nominations that had been received for the three Labour Group vacancies on the Honorary Aldermen Nominations Committee. The Council also considered the appointment of Councillor G A Fairhurst to the Independent Conservative Group vacancy on the Audit Governance and Improvement Review Committee.

Resolved: The Council appoints:-

  • Councillors C Ready, C Sweeney and R Winkworth to fill the three Labour Group vacancies on the Honorary Aldermen Nominations Committee.
  • Councillor G A Fairhurst to fill the Independent Conservative Group vacancy on the Audit Governance and Improvement Review Committee.

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

Resolved: The Council:-

  • approves the local authority representative 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.

(c) Appointment to outside bodies: The Council considered a report dealing with the appointment of representatives to the vacancies on outside bodies. The report set out details of the nominations which had been received in respect of the vacancies.

Resolved: The Council makes the following appointments to the undermentioned outside bodies:-

  • Councillor D T Molyneux to the Greater Manchester Waste Disposal Authority; 
  • Councillor D T Molyneux to the Waste Management Working Group; 
  • Councillor J Haley to the Road Safety Forum;
  • Councillor Mrs J M Peet to the Wigan Flashes Conservation and Community Group; 
  • Councillor R Clayton to the Wigan Wildlife Advisory Group;
  • Councillor Mrs P Cullen to replace Councillor J S Birch as the Council’s representative on the Access Committee; and
  • Councillor P Prescott to the Yorkshire Purchasing Organisation with Councillor T W Halliwell as a substitute.

(d) Appointment of Co-opted Members 2008/09: The Council considered a report dealing with the appointment of Co-opted Members to the various Panels during the Municipal Year 2008/09.

Resolved: The Council appoints the following as Co-opted Members on the undermentioned Committee/Panels for 2008/09:-

Children and Young People’s Panel

Bolton and Rochdale Methodist District/Free Churches representative   Mr D Barber

Overview and Scrutiny Committee

Bolton and Rochdale Methodist District/Free Churches representative  Mr D Barber 

Regeneration Panel

 Wigan Economic Partnership (Community sector)

 Mrs P Stewart

(e) Quarterly monitoring of urgent items: The Mayor reported that there were no urgent items taken to meetings under rule 16 of the access to information rules of the constitution during the period 1 January to 30 April 2008.

(f) Overview and Scrutiny Committee - Annual Report – 2007/08: The Council considered a report that detailed the activities of the Overview and Scrutiny Committee in 2007/08.

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 2007/08 and thanks the Members and officers concerned for their contributions. (g) Further issues (if any): There were no further issues.

26 The Association of Greater Manchester Authorities New Governance arrangements: Further to Cabinet minute 40, the Council considered a joint report seeking approval to the proposed new governance arrangements for the Association of Greater Manchester Authorities (AGMA).

Councillor J D Hodgkinson asked a question on this item and Councillor M W Winstanley made a comment on this item.

Resolved: The Council approves the Operating Agreement and Constitution for the Association of Greater Manchester Authorities attached as Appendix 1 to the report now submitted and authorises the Service Director, Borough Solicitor to execute the agreement.

27 Annual minimum revenue provision (MRP) statement 2007/08 and 2008/09: Further to Cabinet minute 42, the Council considered a report informing Members of new regulations which came into force on 31 March 2008, which required the Council to adopt a new policy on minimum revenue provision.

Resolved: The Council adopts the minimum revenue position policy statement as now submitted for 2007/08 and 2008/09.

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

Councillor W J Wilkes asked questions on Minute 13 of the meeting of Cabinet (Capital Programme 2007/09) of 29 May 2008.

Councillor R M Bleakley asked a question on Minute 28 of the meeting of Cabinet (Post Office closures) of 12 June 2008.

Councillor R M Bleakley asked a question on Minute 34 of the meeting of Cabinet (Parks and Greenspaces strategy) of 26 June 2008.

Councillor R M Bleakley asked a question on Minute 38 of the meeting of Cabinet (Rollout of Partnerships and Communities Together) of 26 June 2008.

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

Councillor J D Hodgkinson asked questions on Minute 8 of the meeting of the Overview and Scrutiny Committee (Ince Remediation) of 19 May 2008.

The Chairman of the Overview and Scrutiny Committee responded to the abovementioned questions.

Councillor Mrs J M Peet made a comment on Minute 7 of the meeting of the Children and Young People’s Panel (Building schools for the future: Review of mainstream secondary schools – report on Stage 1 consultation on proposal to close PEMBEC) of 22 May 2008.

Councillor P Thompson made a comment on Minute 7 of the meeting of the Children and Young People’s Panel (Building schools for the future: Review of mainstream secondary schools – report on Stage 1 consultation on proposal to close PEMBEC) of 22 May 2008.

The Cabinet Champion for Children and Young People’s responded to the abovementioned comments.

Councillor R M Bleakley asked a question on Minute 9 of the meeting of the Community Protection Panel (Draft revised anti social behaviour strategy) of 2 June 2008.

Councillor R M Bleakley asked a question on Minute 14 of the meeting of the Community Protection Panel (Update on affordable housing development and housing policy) of 2 June 2008.

The Cabinet Champion for Neighbourhood responded to the abovementioned questions.

Councillor J N Grundy asked questions on Minute 8 of the meeting of the Environment Panel (Adoption of streets and highway drains) of 4 June 2008.

Councillor R M Bleakley asked a question on Minute 10 of the meeting of the Environment Panel (Recycling update) of 4 June 2008.

Councillor N R Whittingham made a comment on Minute 11 of the meeting of the Environment Panel (Seatbelt and mobile phone misuse whilst driving campaign) of 4 June 2008.

The Cabinet Champion for the Environment and Regeneration responded to the abovementioned questions and comment.

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

30 Notices of motion: The Chief Executive and the Service Director, Borough Solicitor submitted a joint report on the competence and lawfulness of the motions which had been received.

Councillor E N Houlton was not present at the meeting and therefore the following motion that he had submitted was not considered.

(1) This Council calls upon Greater Manchester Police to carry out more visible Police patrols in Lowton and Golborne.

(2) Councillor M W Winstanley submitted the following motion, which was seconded:-

In light of the Government's decision to press ahead with the Congestion Charge for Manchester, this Council fully supports a local referendum in Wigan, organised by the Electoral Reform Society or another Independent Body, to let people have their say on this controversial scheme.

The Executive Leader (Councillor P R C Smith) moved the following amendment, which was seconded:-

In the light of the Government’s decision to support the Transport Innovation Fund bid for Greater Manchester, this Council fully supports a referendum for Greater Manchester organised with the help of the Electoral Commission provided all Greater Manchester Councils agree to a procedure to seek early ratification of the result.

During the debate, Councillor P Thompson moved the following procedural motion in accordance with Rule of Procedure 11.11, which was seconded:

The Council moves to the vote on the amendment.

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 carried. The amendment became the substantive motion.

The Mayor with the consent of the meeting, allowed further debate on the revised substantive motion.

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

Resolved: In the light of the Government’s decision to support the Transport Innovation Fund bid for Greater Manchester, this Council fully supports a referendum for Greater Manchester organised with the help of the Electoral Commission provided all Greater Manchester Councils agree to a procedure to seek early ratification of the result.

(Councillors M Aldred, B J Fagan and Ms P L Holland declared a personal and non prejudicial interest in motion 2 because they are Members of the Greater Manchester Passenger Transport Authority appointed by the Council).

(3) Councillor G Wilkes submitted the following motion, which was seconded:-

At the commencement of each ordinary meeting of the Council there is an opportunity for people who live, work or study in the Borough of Wigan and Leigh to attend and put questions to the Leader of the Council and Executive Members.

Public Question Time will begin at 6:00pm in the Council Chamber and will last for 30 minutes.

Questions are restricted to matters relating to Wigan Council and/or the services provided by the Council.

A person may only submit one question for consideration at any Public Question Time, but one supplementary question will be allowed in each case.

Questions will not be accepted which relate to:-

  • Judicial or quasi-judicial matters;
  • Matters under investigation;
  • Individual planning, license or grant applications or appeals;
  • Named officer or member of the Council;
  • Confidential or exempt information as described in the Access to information Procedure Rules or requires its disclosure;
  • Party political matters;
  • Defamatory material; and
  • Substantially the same issue as a question put within the past 6 months. Questions will not be accepted from Member and Employees of the Council.

Questions must be submitted in writing and received no later than 3 working days prior to any Full Council meeting. Questions will be dealt with in the order in which they are received. If time does not allow all of the submitted questions to be dealt with, a written answer will be provided within seven days.

A suggestion was made by Councillor P A Tushingham:-

This Council will provide an opportunity for the people of Wigan Borough to put questions to the Leader of the Council, Leaders of the opposition parties and Executive Members. This could either be at either a dedicated open night or prior to full Council and held in the Council Chamber.

During the debate, the Executive Leader (Councillor P R C Smith) moved the following procedural motion in accordance with Rule of Procedure 10.d, which was seconded:

This Council refers motion 3 as set out above, submitted by Councillor G Wilkes, together with the suggestion of Councillor Tushingham, to Cabinet and requests a report back to the next Council meeting.

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

Resolved: This Council refers motion 3 as set out above, submitted by Councillor G Wilkes, together with the suggestion of Councillor Tushingham, to Cabinet and requests a report back to the next Council meeting.

(4) Councillor G Wilkes submitted the following motion, which was seconded:-

This Council considers fly tipping one of the most disrespectful acts in today’s society, and its effects are demoralising to our communities.

It can cost the Wigan tax payer as much as £300,000 per year to remove this unwanted material from our streets and open spaces.

With recent pilot scheme taking place in Marsh Green, Worsley Hall, Pemberton, Kitt Green, Worsley Mesnes and some parts of Leigh leading the way for the ten pounds charge for domestic collections being scrapped, I call upon the Cabinet to treat all other Wards in the Borough with the same favouritism, and scrap the charge immediately, so all the Borough can benefit.

Councillor D T Molyneux moved the following amendment, which was seconded:-

Following the completion of the Astley and Tyldesley pilot scheme on the 30th August 2008, which was agreed at this Council on the 23 of April 2008, a report will come back to this Council. If this pilot scheme proves to be cost effective and meets demand, we will remove the current flat rate of £10 charged for bulky goods collection during this municipal year.

On the amendment being put to the vote, the Mayor declared it carried and it was:-.

Resolved: Following the completion of the Astley and Tyldesley pilot scheme on the 30th August 2008, which was agreed at this Council on the 23 of April 2008, a report will come back to this Council. If this pilot scheme proves to be cost effective and meets demand, we will remove the current flat rate of £10 charged for bulky goods collection during this municipal year.

(5) Councillor G Wilkes submitted the following motion, which was withdrawn at the meeting in accordance with rule of procedure 11.8:-

This Council will initiate a criteria or protocol for selecting a new Mayor. At present we have no set rules or procedures for the selection of the First Citizen of the Borough.

This Council will not just consider selecting a Mayor from the ruling group but also consider a Mayor from any of the Opposition parties or Independents.

This Council will form a select committee consisting off an equal number of Councillors from all parties and Independent groups to search for a resolution.

The new criteria for the selection of the Mayor will be in place before the start of the next Municipal year 2009.

(6) Councillor M W Winstanley submitted the following motion, which was seconded:-

This Council places on record its opposition to the proposed closure of Whelley Hospital by the local NHS Trust and furthermore pledges to ensure that this view is conveyed to the Trust management during the public consultation.

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

The Council suspends the rules of procedure relating to the duration of the meeting (4.2) to allow motion 6 to be fully debated.

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

Resolved: The Council suspends the rules of procedure relating to the duration of the meeting (4.2) to allow motion 1 to be fully debated.

On the original motion being put to the vote, the Mayor declared it lost

(Councillors Mrs A M L Bland and G W Fairhurst requested that their votes against this decision be recorded).

(Councillor Mrs J Prescott declared a personal and prejudicial interest in motion 6 because her daughter is employed by the Wrightington Wigan and Leigh NHS Health Services Trust and left the meeting during consideration of this motion. Councillor P Prescott declared a prejudicial interest in motion 6 because his daughter is employed by the Wrightington Wigan and Leigh NHS Health Services Trust and left the meeting during consideration of this motion. Councillor G Wilkes declared a personal and prejudicial interest in motion 6 because he is employed by the Wrightington Wigan and Leigh NHS Health Services Trust and left the meeting during consideration of this motion. Councillor W J Wilkes declared a prejudicial interest in motion 6 because his son is employed by the Wrightington Wigan and Leigh NHS Health Services Trust and left the meeting during consideration of this motion).

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