Council - Wednesday 29 April 2009

Minutes of the meeting of Council held on 29 April 2009

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 Miss J Atherton
  • Councillor J B Baldwin
  • Councillor S C Barnes
  • Councillor Mrs J Beswick
  • Councillor A M L Bland
  • Councillor R M Bleakley
  • 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 Mrs P Cullen
  • Councillor K Cunliffe
  • Councillor S Dawber
  • Councillor M A Dewhurst
  • Councillor Mrs S Dewhurst
  • Councillor J Eccles-Churton
  • Councillor S F Ell
  • Councillor J Ellis
  • Councillor B J Fagan
  • Councillor G A Fairhurst
  • Councillor G W Fairhurst
  • Councillor Mrs S J Greensmith
  • Councillor J N Grundy
  • Councillor J Haley
  • Councillor T W Halliwell
  • Councillor J Hilton
  • Councillor J D Hodgkinson
  • 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 Mrs E Smethurst
  • Councillor P R C Smith
  • Councillor C Sweeney
  • Councillor J Talbot
  • Councillor P Thompson
  • Councillor Mrs A Turnock
  • Councillor F B Walker
  • Councillor Mrs M J Whiteside
  • Councillor N R Whittingham
  • Councillor M W Winstanley

82 Apologies for Absence: Councillors J S Birch, Mrs B Bourne, R J Derricutt, Ms L E Fagan, Mrs D Fairhurst, Ms P L Holland, E N Houlton, K W McManus, E Russon, R T Splaine, P A Tushingham, G Wilkes and W J Wilkes.

83 Minutes: The minutes of the proceedings of the two meetings of the Council held on 4 and 11 March 2009 (pages 487 and 503) were approved as correct records subject to the recorded vote on motion 4 (page 497) and motion 6 (page 501) of the meeting held on 4 March 2009 being amended as follows:-

Councillor G W Fairhurst supported by 10 Members, asked for a recorded vote to be taken, indicating the names for and against the motion or abstaining from voting.

For the Motion (10): Councillors N A Bradbury, R J Derricutt, J Ellis, G W Fairhurst, Mrs D Fairhurst, B J Fagan, J Haley, J D Hodgkinson, B Merry and W J Wilkes.

Against the Motion (48): The Mayor (Councillor R Winkworth), the Deputy Mayor (Councillor M Aldred), Councillors K Aldred, K Anderson, N D Ash, Mrs J Atherton, J B Baldwin, J S Birch, B Bowen, G D Bretherton, H L Cadman, R Clayton, P Cullen, K Cunliffe, S Dawber, M A Dewhurst, Mrs S Dewhurst, J Eccles-Churton, S F Ell, Mrs S Greensmith, J N Grundy, T W Halliwell, J Hilton, P L Holland, E N Houlton, M Klieve, Mrs Y Klieve, Mrs S Loudon, P Liptrot D T Molyneux, J Moodie, J O’Brien, Mrs J M Peet, Mrs J Prescott, P Prescott, C Ready, C Rigby, W Rotherham, E Russon, Mrs E Smethurst, P R C Smith, C Sweeney, J Talbot, P Thompson, Mrs A Turnock, F B Walker, Mrs M J Whiteside and N R Whittingham

Councillor G Wilkes supported by 10 Members, asked for a recorded vote to be taken, indicating the names for and against the motion or abstaining from voting.

For the Motion: (20): Councillors Miss J Atherton, S C Barnes, N Bradbury, R Brierley, H L Cadman, W Carney, R Clayton, S F Ell, J Ellis, Mrs D Fairhurst, G W Fairhurst, J Haley, J D Hodgkinson, K W McManus, B Merry, J M Peet, P Thompson. N R Whittingham, G Wilkes and W J Wilkes.

Against the Motion (40): The Mayor (Councillor R Winkworth), the Deputy Mayor (Councillor M Aldred), Councillors K Aldred, K Anderson, N D Ash, J B Baldwin, J S Birch, B Bowen, G D Bretherton, Dr C M Cottam, P Cullen, K Cunliffe, S Dawber, M A Dewhurst, Mrs S Dewhurst, J Eccles-Churton, Mrs S Greensmith , T W Halliwell, J Hilton, P L Holland, M Klieve, Mrs Y Klieve, P Liptrot, Mrs S Loudon, D T Molyneux, J Moodie, J O’Brien, Mrs J Prescott, P Prescott, C Ready, C Rigby, W Rotherham, E Russon, Mrs E Smethurst, P R C Smith, C Sweeney, J Talbot, Mrs A Turnock, F B Walker and Mrs M J Whiteside.

Abstention (8): Councillors Mrs J Beswick, R M Bleakley, R J Derricutt, B J Fagan, L Fagan, J Grundy, J Miller and P A Tushingham.

84 Mayor’s Communications: (a) DVD presentation by the Children in Care Council: The Mayor invited members of the Children in Care Council to present a DVD to Members. The DVD explained the key areas of the pledge for ‘children in care’ which had been drafted by the Children in Care Council.

(b) Greater Manchester Sports Awards: The Mayor congratulated Miss Jenny Meadows and Tyldesley Swimming and Water Polo Club, who had won Sports Achiever of the Year and Club of the Year awards respectively at the annual Greater Manchester Sports Awards, which took place on Friday, 27 March 2009 at a ceremony at The Midland Hotel, Manchester.

The Mayor also congratulated Miss Heather Fredriksen, an athlete from Wigan, but who competed for a Salford Club on winning the Disabled Sports Achiever of the Year award.

(c) Mayor’s Charity Update: The Mayor advised that the total raised to date was £31,776.63 with some money outstanding.

(d) Italian Earthquake: The Mayor referred with deep regret to the devastation caused by the earthquake in Italy on 6 April 2009, which claimed 275 lives.

The Mayor 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 at this sad loss of life.

(e) Head of the Roman Catholic Church in England and Wales: The Mayor, on behalf of the Council, congratulated The Most Reverend Vincent Nichols, who had been appointed as the new head of the Roman Catholic Church for England and Wales. Reverend Nichols was a former Wigan School’s chaplain.

(f) Swine flu: The Mayor referred to the recent press interest in the emerging infectious disease commonly known as swine flu. Members were advised that the present situation had not been declared as a major incident and consequently none of the Council’s emergency plans had been invoked. The Council was preparing for any escalation in the situation along with colleagues in the Health, Police and Fire Services.

(g) Tyldesley Rugby Union club: The Mayor congratulated Tyldesley Rugby Union club on reaching the National Final which was to be played at Twickenham on Saturday, 9 May 2009. The club had also won their league.

85 Response to motions referred to Cabinet from previous Council meetings: The Council considered a report, which advised Members on the progress that had been made with motions referred from previous Council meetings to Cabinet.

Resolved: The Council notes the progress that has been made on the outstanding motions referred to Cabinet.

86 Determination of Admission Arrangements 2010-2011: community and voluntary controlled schools: The Council considered a report that informed Members of the Local Authority consultation on admission arrangements for community and voluntary controlled schools for 2010/11.

Resolved: The Council adopts the admission arrangements for 2010/11 as part of the Council’s policy framework.

(Councillor M W Winstanley declared a personal and non prejudicial interest in this item as he is a School Governor at Orrell Newfold and Orrell Holgate Primary Schools appointed by the Council).

87 Democratic Services Review – participation in decision making, the future role of Township Forum’s, report on consultation with Forums: The Council considered a report, which informed Members of the outcome of a consultation process with Members and Township Forums that took place between August 2008 and January 2009.

Resolved: The Council agrees:-

  • to develop and implement the minimum standards as described at 4.3.1 of the report by June 2009;
  • to use its leadership role at Wigan Borough Partnership to embed the recommendations at 4.4 of the report;
  • to support the establishment of a formally constituted “Forum of Chairs” as described at 4.5.3 of the report by June 2009;
  • to support the definition of the interface between PACTs and Township Forums as described at 4.6 of the report and communicate this effectively across key partners;
  • to support the further development of an integrated approach to locality planning and requires this to be implemented by Autumn 2009 for the 2010/11 planning cycle; and
  • to support the proposals for more effective local scrutiny as outlined at 4.8 and 4.9 of the report, to be integrated within the Council’s new scrutiny processes.

(Councillors B J Fagan and G W Fairhurst requested that their votes against this decision be recorded).

88 Corporate parenting responsibilities and the pledge to children in care: The Council considered a report that advised Members of their duties and responsibilities as a corporate parent, and outlined the pledge to Children in Care produced by the Children in Care Council. The report also sought Council’s endorsement of the pledge to Children in Care.

Councillor Mrs S Loudon made the following comment, which was seconded by Councillor Mrs Y Klieve:-

This Council thanks the members of the Care Council for their presentation and welcomes the work undertaken by them and the document that the Care Council has produced.

This Council also pledges to the Children and Young People in Care that we will work with them to address the key areas outlined in the document and that we will enter in to an agreement with them to address the important issues that they have identified within their pledge.

Resolved: The Council:-

  • notes the content of the report; and
  • endorses the pledge to Children in Care.

89 Review of the Council’s constitution: The Council considered a report dealing with proposed amendments to the Council’s Constitution.

The amendments reflected changes to key decision limits, amendments to procedural rules, additional functions of the Regulation Committee and amendments to delegations to Chief Officers.

Resolved: The Council approves the amendments as set out in the report, in particular:-

  • with regard to the definition of key decision limits, the Council approves option B of the report reducing the number of categories;
  • with regard to questions and comments on the minutes of Council, Cabinet, Committees and Joint Authorities, the Council approves option B of the report setting earlier deadlines for the submission of questions and comments; and
  • with regard to objections to road traffic and other order proposals, the Council approves the intention to take objections to the Regulation Committee.

90 Appointment to outside bodies: The Council considered a report dealing with the appointment to the Nominative Trustee vacancy on the Wigan Town Relief in Need Charity. The report also requested that Council considered whether it wished to make alternative nominations to replace the existing Nominated Trustees.

Resolved: The Council:-

  • appoints Councillor Mrs P Cullen to the Nominative Trustee vacancy on Wigan Town relief in need Charity; and
  • requests the Executive Director – Business Support Services to write to the existing Nominative Trustees to see whether they wish to remain appointed to the Charity.

91 Appointment of Local Authority Representative Governors: The Council considered a report, dealing with the appointment of representatives to the vacancies for Local Authority Representative Governor. The report set out details of the nominations which had been received in respect of the vacancies.

Resolved: The Council:-

  • appoints the Governors nominated, as set out in the report, in accordance with the Local Authority Governor guidance; and
  • authorises the Executive Director of Children and Young People’s Services to advise the Local Authority representative governors of their terms of office as set out in the report.

(Councillor Mrs S J Greensmith declared a personal and non prejudicial interest in this item because her husband is nominated as a School Governor at St Peters Infant school, Leigh)

92 Code of practice for Local Authority Governors – brief guide to the process: The Council considered a report, which sought approval of the revised Code of Practice on Local Authority School Governor appointments.

Resolved: The Council accepts the revised Code of Practice on Local Authority School Governor appointments.

93 Review of polling places: The Council considered a report, that requested Members to consider alternative locations for polling places.

Resolved: (1) The Council agrees the relocation of polling places as follows:-

  • Shevington Library as the polling place for polling district WAE (Shevington with Lower Ground) in place of St. Bernadette’s RC Primary School.
  • Bramble House as the polling place for polling district WGD (Douglas) in place of St Cuthbert’s Parish Centre.
  • Bryn Children’s Centre as the polling place for polling district MDB (Bryn) in place of St. Peter’s CE J&I School.
  • Oakfield High School as the polling place for polling district LBA (Hindley Green) in place of the former Hollins Community School.
  • Lamberhead Green Junior School as the polling place for MYB (Pemberton).

(2) delegates authority to the Local Returning Officer to make any further changes to polling places that may occur before 4 June 2009.

94 State of the area report: The Executive Leader (Councillor P R C Smith) reported on the activities undertaken in the Borough during the current Municipal Year and on the proposals for initiatives and schemes to be undertaken in the 2009/10 Municipal Year.

Resolved: The Council accepts the report.

95 Questions and comments under rule 8(1)(a) in relation to the deliberation of the Cabinet, Committees and Panels and Joint Authorities:

Councillor M W Winstanley made a comment on minute 245 of the meeting of Cabinet (Bulky goods waste collection) of 19 March 2009.

Councillor R M Bleakley asked a question on minute 245 of the meeting of Cabinet (Bulky goods waste collection) of 19 March 2009.

Councillor N A Bradbury asked a question on minute 263 of the meeting of Cabinet (References from Council, motion 4) of 2 April 2009.

Councillor M W Winstanley asked a question on minute 270 of the meeting of Cabinet (Joint Service Centre update) of 2 April 2009.

Councillor J D Hodgkinson asked a question on minute 270 of the meeting of Cabinet (Joint Service Centre update) of 2 April 2009.

Councillor J D Hodgkinson made a comment on minute 275 of the meeting of Cabinet (Review of the Council’s constitution) of 16 April 2009.

Councillor M W Winstanley asked a question on minute 276 of the meeting of Cabinet (Active Travel: strategy for encouraging walking) of 16 April 2009.

Councillor J N Grundy made a comment on minute 282 of the meeting of Cabinet (Wigan Schools for the Future) of 16 April 2009.

Councillor M Klieve made a comment on minute 282 of the meeting of Cabinet (Wigan Schools for the Future) of 16 April 2009.

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

Councillor R M Bleakley asked a question on minute 68 of the meeting of the Community Protection Panel (Progress on the housing response to the recession) of 16 March 2009.

The Cabinet Champion for Neighbourhoods (Councillor K Anderson) responded to the above mentioned question.

Councillor N D Ash asked a question on minute 57 of the Regeneration Panel (Local Government Association Sustainable Communities Regeneration award) of 18 March 2009.

The Cabinet Champion for Environment and Regeneration (Councillor D T Molyneux) responded to the above mentioned question.

(Councillor M Klieve declared a personal and non prejudicial interest in this item because he is a Governor at Golborne High School).

96 Questions (if any) under Rules 8(1)(a): Councillor R M Bleakley asked questions of which he had given notice under Rule (8)(1)(a), to which the Council’s spokesperson for the Police Authority (Councillor C Rigby) responded.

In accordance with Rule of Procedure 10m the Executive Leader (Councillor P R C Smith) moved the following procedural motion which was seconded:

That rule of procedure 4.2 of the constitution (duration of the meeting) is suspended and the three hour limit of the meeting be extended by half an hour to 10:00pm.

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

Resolved: The Council agrees that rule of procedure 4.2 of the constitution (duration of the meeting) is suspended and the three hour limit of the meeting be extended by half an hour to 10:00pm.

In accordance with Rule of Procedure 10l, the Executive Leader (Councillor P R C Smith) moved the following procedural motion which was seconded:

That the Council meeting be adjourned for a five minute comfort break.

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

Resolved: The Council meeting is adjourned for a five minute comfort break.

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

In accordance with Rule of Procedure 10c, The Executive Leader (Councillor P R C Smith) moved the following procedural motion which was seconded:

The Council agrees to consider a motion submitted from each political group in order of political group size, that being Labour, Conservative, Democratic Alliance, Independent and Independent Conservative, with the Leader of each group deciding their own group’s order of motion.

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

Resolved: The Council agrees to consider a motion from each political group in order of political group size, that being Labour, Conservative, Democratic Alliance, Independent and Independent Conservative, with the Leader of each group deciding their own group’s order of motion.

(Councillor’s B J Fagan and G W Fairhurst requested that their votes against this decision be recorded).

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

This Council supports the principles of the Brighter Borough scheme allowing councillors to support their local community but regrets the attempt by some members to use it for blatant political promotion.

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

Resolved: This Council supports the principles of the Brighter Borough scheme allowing councillors to support their local community but regrets the attempt by some members to use it for blatant political promotion.

(1) Councillor J N Grundy submitted the following motion, which was seconded:-

This Council agrees with the view expressed by the Rt.Hon. Andy Burnham M.P, that some local authorities are over stepping the mark by promoting their own tax funded publications concerning Local Authority publications such as Borough Life. In light of these comments this Council resolves to cease funding for Borough Life.

On the motion being put to the vote the Mayor declared it lost.

At this point the guillotine was reached and the Mayor called for a vote on the following items without further debate in accordance with rules of procedure 4.2 and 4.3 of the Constitution. The motions were then considered in the order of the Council Summons.

(2) Councillor G W Fairhurst submitted the following motion, which was deemed to be seconded:-

This Council recognises the importance of letting as many people of Wigan view the dealings of the Council Chamber meetings and therefore now wish to ask the Chief Executive to move forward with implementing a full functional camera facility that will be able to record the Full Council Meetings and then be posted on the servers for the people to view at will.

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

(Councillor G W Fairhurst requested that his vote against the decision be recorded).

(3) Councillor G W Fairhurst submitted the following motion, which was deemed to be seconded:-

This Council recognises that it is with the utmost importance to be able to set a clear and high standard of all departments and therefore this Council ask that it's Chief Executive undertake a full review with all dept heads to make sure that all Member/officer protocols are in place and that there are no weakness in any systems or other areas that could be deemed to bring this Council into disrepute. If there is a breach which is discovered then appropriate action should be taken under the Council's disciplinary procedures.

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

(Councillor G W Fairhurst requested that his vote against the decision be recorded).

(4) Councillor P R C Smith submitted the following motion, which was deemed to be seconded:-

This Council looks to work with Wrightington Wigan and Leigh Health Trust to improve health care for people of the borough.

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

Resolved: This Council looks to work with Wrightington Wigan and Leigh Health Trust to improve health care for people of the borough.

(Councillor K Cunliffe declared a personal and non prejudicial interest in this item as he is an appointed Governor of Wrightington, Wigan and Leigh NHS Trust, appointed by the Council).

(5) Councillor R M Bleakley submitted the following motion, which was deemed to be seconded:-

This Council endorses the principles of the international Earth Charter, which seeks to build a just, sustainable, and peaceful global society in the 21st century.

This Council requests a report to Cabinet on how the Council can promote and engage with the principles of the Earth Charter, and ensure that they are considered in the discharge of the Council’s duties, functions and responsibilities. The report should draw together all current initiatives and activity that the Council is undertaking, which align with the principles of the Charter.

This Council resolves to write to the Borough’s MPs and the Local Government Association informing them of this motion and urge them to endorse and promote the principles of the Earth Charter.

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

Resolved: This Council endorses the principles of the international Earth Charter, which seeks to build a just, sustainable, and peaceful global society in the 21st century.

This Council requests a report to Cabinet on how the Council can promote and engage with the principles of the Earth Charter, and ensure that they are considered in the discharge of the Council’s duties, functions and responsibilities. The report should draw together all current initiatives and activity that the Council is undertaking, which align with the principles of the Charter.

This Council resolves to write to the Borough’s MPs and the Local Government Association informing them of this motion and urge them to endorse and promote the principles of the Earth Charter.

(6) Councillor M Klieve submitted the following motion, which was deemed to be seconded:-

This Council acknowledges the 30th Anniversary of the Golborne Colliery Mining Disaster on Sunday 18th March 1979.

The Council also recognises the work the Golborne Ex Miners have done in keeping the memories of the 10 men that died that day in our thoughts. In particular Secretary & Treasurer Alderman Eric Foster and Chairman Mr Allan Mitchell, On the 15th March 2009 the Golborne Ex Miners organised a March and Church Service to commemorate the disaster in Golborne. This was a well organised event and very well attended by the entire community. This Council wish to express it's thanks to all of those involved in organising the Commemorative Service.

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

Resolved: This Council acknowledges the 30th Anniversary of the Golborne Colliery Mining Disaster on Sunday 18th March 1979.

The Council also recognises the work the Golborne Ex Miners have done in keeping the memories of the 10 men that died that day in our thoughts. In particular Secretary & Treasurer Alderman Eric Foster and Chairman Mr Allan Mitchell, On the 15th March 2009 the Golborne Ex Miners organised a March and Church Service to commemorate the disaster in Golborne. This was a well organised event and very well attended by the entire community. This Council wish to express it's thanks to all of those involved in organising the Commemorative Service.

(7) Councillor N A Bradbury submitted the following motion, which was deemed to be seconded:-

That the minutes of a full Council Meeting should represent a true record of its proceedings and not a summary as is the present procedure.

That the Motions and Questions under Rule 8(1)(b) should be submitted and recorded in full together with all subsequent amendments. The full text of the responses from the Leader of the Council or whoever responds to the Motions or Questions put to the Council should be recorded in full.

If a Member of the Council request the full details of a debate on a Motion then this should be provided to them. These minutes should be published on the Council Web site as is the present practice.

The new format for the Council minutes will give the general public a greater understanding as to what goes on in a full Council Meeting.

To the extent that the proposals amend the Constitution the Executive be requested to consider these matters and report back to Council.

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

(8) Councillor Mrs S Loudon submitted the following motion, which was deemed to be seconded:-

This Council welcomes the Cabinet’s decision to approve the submission of a formal application to enter the government’s national Building Schools for the Future programme.

This decision marks a significant shift from aspiration to reality. This Council recognises that this is a “once in a lifetime” opportunity to transform learning in the Borough for our young people and our communities.

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

Resolved: This Council welcomes the Cabinet’s decision to approve the submission of a formal application to enter the government’s national Building Schools for the Future programme.

This decision marks a significant shift from aspiration to reality. This Council recognises that this is a “once in a lifetime” opportunity to transform learning in the Borough for our young people and our communities.

(Councillor J D Hodgkinson requested that his vote against the decision be recorded).

(10) Councillor P R C Smith submitted the following motion, which was deemed to be seconded:- This Council welcomes the government’s commitment to deliver a place in education or training for young people and pledges to work with partners to help deliver this target.

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 deliver a place in education or training for young people and pledges to work with partners to help deliver this target.

(11) Councillor P R C Smith submitted the following motion, which was deemed to be seconded:- This Council note with alarm the growth of lenders who charge high interest rates to the poorest members of our community and will combat this by supervising where we can, of offering clear advice to potential borrowers and by extending the reach of credit unions in the borough.

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

Resolved: This Council note with alarm the growth of lenders who charge high interest rates to the poorest members of our community and will combat this by supervising where we can, of offering clear advice to potential borrowers and by extending the reach of credit unions in the borough.

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