Agenda and minutes

The members had before them:

A.    The Agenda papers (previously circulated);

B.    10 questions submitted to the Assistant Director for Legal and Governance (previously circulated); and

C.   The Minutes of the meeting held on 14 September 2023 (previously circulated).

To receive apologies and invite any councillor to declare any interest in any of the items on the agenda.

Apologies for absence were received from Cllrs Mel Allcott, Elizabeth Eyre, Laura Gretton, Peter Griffiths, Aled Luckman, Scott Richardson Brown, Linda Robinson, and Richard Udall.

Cllr Alan Amos declared an interest in Notice of Motion 2 – Vaping - as a Member of the Advisory Council of ASH.

To allow a member of the public to present a petition, or ask a question relating to the functions of the Council, or to make a comment on any matter on the agenda.

Members of the public wishing to take part should notify the Assistant Director for Legal and Governance in writing or by e-mail indicating both the nature and content of their proposed participation no later than 9.00am on the working day before the meeting (in this case 8 November 2023). Further details are available on the Council’s website. Enquiries can also be made through the telephone number/e-mail address listed in this agenda and on the website.

Peter Marrs presented a petition about resurfacing of footpaths in Droitwich.

Steve Todd presented a petition about traffic issues on Chaddesley Road, Kidderminster.

Emma Hamer commented on Notice of Motion 1 - Pesticide/Herbicide-free Worcestershire.

The Chairman thanked Peter, Steve and Emma for their contribution and said they would receive a written response from the relevant Cabinet Member.

To approve as a correct record and authorise the signing of the Minutes of the meeting held on 14 September 2023 (previously circulated electronically).

RESOLVED that the Minutes of the meeting held on 14 September 2023 be confirmed as a correct record and signed by the Chairman.

To receive any announcements to be made by the Chairman.

Noted.

To consider the reports of the Cabinet and to receive answers to any questions asked on those reports as follows:

a)    Reports of Cabinet – Matters which require a decision; and

b)    Report of Cabinet – Summary of decisions taken.

A query was raised in the debate about the overall cost of the Council’s borrowing arrangements and the interest rates being paid. The Leader of the Council responded that out of a total capital programme of £370m, the Council had long-term borrowing arrangements for £146m. Each scheme was assessed for value for money and funded through different mechanisms, for example Government funding or partner contributions. The Council always ensured that the most prudent form of long-term borrowing was used. As the cost of borrowing had increased recently, the Council had entered into temporary borrowing arrangements and other methods of internal borrowing to keep the cost of long-term borrowing down. At some point, the Council would need to crystallise its long-term loans but not in the present financial environment.

RESOLVED that:

a)  The updated Capital Programme which contains number of variations within the value, profile of spend and funding be approved; and

b)  The updated Capital Strategy 2023-2026 be approved.

The Leader of the Council reported the following topics and questions were answered on them:

·         Worcestershire Safeguarding Children Partnership Annual Report 2021-22

·         Worcestershire Strategy for Children and Young People with SEND 2023-2026

·         Resources report - Revenue Budget Monitoring Month 4 (31 July) 2023/24

·         The Healthy Worcestershire Programme

·         Shrub Hill Towns Fund Funding Agreement

·         Treasury Management Mid-Year Update to 31 August 2023

·         Worcestershire County Museum.

To consider (a); Warndon Parish By-Election and Political Balance; (b) Vice-Chairmanship of the Health Overview and Scrutiny Committee; and (c) Independent Remuneration Panel.

(a)Warndon Parish By-Election and Political Balance

The Leader of the Council introduced the report and commented that the outcome of the recent Warndon Parish By-election meant that in relation to overall political balance, the Conservative Group would lose 2 seats and the GAIA group would gain 2 seats. The Appointments Etc Panel had a very important role within the Council with responsibility for the appointment of chief officers. It would therefore seem appropriate for the GAIA group to gain a seat on that Panel so that all groups were represented. The GAIA group would also be able to gain a seat on the Environment Scrutiny Panel. The Monitoring Officer considered that these proposed changes reflected political balance. An updated version of the Appendix would be included on the web site.

The Leader of the GAIA group indicated that he supported the proposed changes to the membership of the Appointments Etc Panel and the Environment Scrutiny Panel as outlined by the Leader of the Council.

RESOLVED that the recalculation of political balance set out as an Appendix to the report be approved and the Assistant Director for Legal and Governance be required to give effect to it in accordance with the nominations from the respective Group leaders from time to time.

(b)Vice-Chairmanship of Health Overview and Scrutiny Committee

The Chairman of HOSC introduced the report and indicated that Cllr Christine Wild was being nominated to serve as the Vice Chairman of the HOSC. The Vice-Chairman had been selected by and from the District representatives on HOSC.

RESOLVED that the nominee of the Health Overview and Scrutiny Committee (HOSC), Cllr Christine Wild, be appointed as Vice Chairman of the HOSC.

(c)Independent Remuneration Panel

The Leader of the Council introduced the report and commented that two vacancies existed on the Remuneration Panel. Council had therefore authorised the recruitment process to fill these vacancies. The recruitment process had now concluded and it was recommended that Mr Raymond Tomkinson be appointed to serve alongside the three existing members. A further member of the Panel would need to be recruited and appointed by the Council to bring the Panel up to its full complement of 5 members. Nominations would be sought from a variety of backgrounds.

In response to a query about the lack of diversity amongst the membership of the Panel, the Leader of the Council commented that he would wish to see as a diverse Panel as possible but it depended on the nature of the candidates that applied. No female candidates had applied for these positions up to this point.

In relation to a query about the Leader of the Council explained that the Panel did not release an Annual Report but instead reported on a monthly basis. He was keen to ensure that the Panel was up to its full complement so that it could conclude its work and report to Council accordingly.

RESOLVED that the appointments be made to the Independent Remuneration Panel as set out in  ...  view the full minutes text for item 2482.

To receive the report of the Assistant Director for Legal and Governance on any Notices of Motion received by her.

Councillors are asked to note that any Notices of Motion must be received by the Assistant Director for Legal and Governance no later than noon on 31 October 2023.

The Council had before it a Notice of Motion set out in the agenda papers standing in the names of Cllrs Matt Jenkins, Martin Allen, Natalie McVey, Tom Wells, Andrew Cross, Beverley Nielsen, and Malcom Victory.

The motion was moved by Cllr Matt Jenkins and seconded by Cllr Andrew Cross, who both spoke in favour of it, and Council agreed to deal with it on the day.

Those in favour of the motion commented:

·         Pesticides including herbicides were used by the Council to control a range of perceived problems including weeds in community spaces, regularly used by local residents. Pesticide use could have serious impacts on health and biodiversity including contamination of water supplies. There was growing evidence that glyphosates, the most used weed killer was a much higher health risk than previously assumed. The manufacturers of glyphosate had been campaigning to undermine and discredit the work of scientists in this area. As a pollinator-friendly Council, the Council should eliminate the use of glyphosates and seek alternative options. The Council should work with partners to create a stakeholder forum to help with this process and help local residents understand the reasons behind the changes and how they could follow suit themselves

·         There was a growing recognition of the drawbacks of glyphosates including the impact on pollinators and, for example, the impact on the ability of bees to regulate their temperatures. The motion aimed to provide a strategic focus on the Council’s use of herbicides

·         The motion was not concerned with the use of glyphosate in farming but how it was used by the Council on the streets and in and around community buildings.

Those against the motion commented:

·         The Cabinet Member with Responsibility for Environment commented that glyphosate herbicides could support the environment. There was no recognised alternative that did no harm to the environment. It was crucial to focus on responsible and regulated use of glyphosate because when used judiciously, herbicides could aid in preserving natural habitats by controlling the growth of invasive plant species that threatened biodiversity. At present, the Council carried out weed control as part of its highway maintenance operations, treating noxious and invasive weeds and targeting the removal of ragwort from roadside verges. He outlined the environmental, health, financial, sourcing, effectiveness and other issues associated with alternatives such as  Acetic Acid or foam. The pollinator strategy promised a reduction in the use of herbicides, but did not advocate a total ban. The Council had adopted an approach of minimising the use of pesticides through wildlife friendly approaches, promoting pollinators and other less intensive forms of management of open spaces. The use of glyphosates would continue to be overseen by the Member Advisory Group

·         Experiences at Wychavon District Council had shown that there were no other successful measures to remove weeds or eliminate weeds other than to manually remove them. Glyphosates did not harm insects, animals or humans when used correctly. The Council just needed to use the right amount of the right product  ...  view the full minutes text for item 2483.

The Council had before it a Notice of Motion set out in the agenda papers standing in the names of Cllrs Mel Allcott, Lynn Denham, Josh Robinson and Luke Mallett.

The motion was moved by Cllr Josh Robinson and seconded by Cllr Dan Boatright-Greene, who both spoke in favour of it, and Council agreed to deal with it on the day.

The following amendment was moved by Cllr Karen May and seconded by Cllr Adrian Hardman:

“Whilst acknowledging the benefits of vaping for those trying to stop smoking, this Council is deeply concerned about vaping among those people who have never smoked and, in particular, vaping among young people. 

We call on the Council:

·         to support the cross party LGA view that disposable vapes should be banned

·         to build on successful enforcement work in Worcestershire, which has just this year removed over 12,000 illegal vapes from the marketplace and disrupted sales to young people via test purchase operations

·         to continue to work with schools to highlight the dangers of vaping in young people

·         to promote the ways in which disposable vapes can be recycled.”

The mover and seconder of the motion accepted the amendment and the motion as amended became the substantive motion. Members spoke in favour of the motion with the following points being made:

·         There had been an exponential rise in the use of disposable vapes, especially by young people and those who have never smoked before. It was clear that something needed to be done to address this issue. Vapes played an important part in moving people away from smoking and therefore the motion was not calling for an outright ban on vapes, just disposable ones. Disposable vapes were readily available to buy and made attractive to purchase by children. It was disappointing that despite reports of illegal sales to young people being reported to Trading Standards, a mystery shopper exercise had not been carried out by the service. The Motion also called for work to be targeted at schools to highlight the dangers of vaping to young people and to recognise the impact of disposable vapes had on the environment by promoting ways in which disposable vapes could be recycled

·         A considerable amount of Lithium was used to create disposable vapes. Lithium was a valuable natural resource that was being lost through the disposal of vapes as there was a lack of facilities in the country to recycle it

·         The Cabinet Member with Responsibility for Health and Well-being commented that the national curriculum included an approach to building young people's resilience to peer pressure so that they could make better choices and did not try things that might impact on their long-term health. The Council’s view was that young people who had never smoked should never vape and schools should be a focal point for efforts to reduce vaping. The Council had proactively work with public health to combat illegal vaping, including youth vaping as well as undertaking extensive enforcement operations, innovative working with schools and  ...  view the full minutes text for item 2484.

The Council had before it a Notice of Motion set out in the agenda papers standing in the names of Cllrs Mel Allcott, Lynn Denham, Josh Robinson and Luke Mallett.

The motion was moved by Cllr Lynn Denham and seconded by Cllr Andy Fry, who both spoke in favour of it, and Council agreed to deal with it on the day.

The following amendment was moved by Cllr Mike Rouse and seconded by Cllr Marc Bayliss:

“Worcestershire residents want reliable bus services so they can get to work, to school, to hospital and GP appointments, to go shopping, and to meet their friends. We therefore welcome the Government's announcement of £3.4 million proposed funding for Worcestershire to “improve services and make buses cheaper and more reliable".

This Council made an ambitious bid last April for £84 million, which the government has so far supported with more than £2.8m, and so the council recognises that £3.4m is a significant additional sum during a time of constrained public finances and a cost-of-living crisis, along with the £2 fare cap that is helping thousands of Worcestershire citizens on a daily basis. The council also acknowledges the more than £7m worth of intervention it made last year to secure local bus services. The council also acknowledges the work to bring about a new Statutory Enhanced Partnership under the Bus Services Act 2017 and eagerly awaits its impending activation following successful support from all local operators.

Council therefore supports the LGA’s call for greater long-term investment in local bus services, which is the approach this council is already taking. We request the Cabinet Member with Responsibility for Highways and Transport to bring forward a Cabinet Report that provides updated information regarding the last 12 months of activity and outlines the forward and ever-evolving strategy to protect, enhance and secure Worcestershire’s bus services, including further details of the Enhanced Partnership, Demand Responsive Transport, Community Transport and long-term sustainable approach.”

The mover and seconder of the motion accepted the amendment and the motion as amended became the substantive motion. Members spoke in favour of the motion with the following points being made:

·         Buses were a lifeline for people to be able to get to work, go shopping, get to doctor's appointments etc. The question was how the Council could use the Government funding from the decision not to expand HS2 to stop the decline in bus services. Receiving old buses from Birmingham was not the answer especially given the potential negative impact on air quality. New buses were expensive and it was hard to see how the £3.4m extra funding would make a difference

·         The extra funding for buses from the Government merely replaced the funding that was previously removed from Council finances through budget reductions. The bus services, particularly in the north of the county were very poor

·         The Cabinet Member with Responsibility for Highways and Transport commented that bus services had been an area that had been slowest to recover post-pandemic. Efforts were being  ...  view the full minutes text for item 2485.

To receive the report of the Cabinet Member with Responsibility for Environment on current issues and proposed developments within his area of responsibility and to receive answers to any questions on the report.

The Cabinet Member with Responsibility for Environment presented his report to Council which covered various topics. In particular, he thanked members and previous members of the Cross-Party Member Advisory Group (MAG) for Carbon Reduction, Biodiversity and Water quality for their contribution. He also thanked the Chairman of the Environment Scrutiny Panel and the late Andy Roberts for their contributions.

The Cabinet Member with Responsibility for Environment answered a broad range of questions from members.

The Chairman thanked the Cabinet Member with Responsibility for Environment for his report.

To receive answers to any questions asked by Councillors.

(Members are reminded of the timescale adopted by Council for notice of questions. A Councillor may only ask a question if:

·         It is delivered in writing to the Assistant Director for Legal and Governance by noon on 31 October 2023 or

·         If it relates to urgent business, the Assistant Director for Legal and Governance is notified at least half an hour before the start of the meeting and the Chairman agrees the matter is urgent’.)

Ten questions had been received by the Assistant Director for Legal and Governance and had been circulated in advance of the meeting. The answers to seven questions were provided at the meeting. Question two was withdrawn by the questioner at the meeting. The answers to all the questions are attached in the Appendix.

To consider the reports of Committees and to receive answers to any questions asked on those reports as follows:

a)    Audit and Governance Committee;

b)    Pensions Committee; and

c)    Standards and Ethics Committee

The Chairman of the Committee introduced the report and commented that the Council had met the statutory deadline for publication of the draft financial statements by the end of May 2023. All local government bodies were required to publish their final accounts by 30 September 2023. However, only 1% of English Councils had managed to do sign off their accounts on time which provided an indication of the significant pressures experienced nationally within the external audit sector. This Council was in a good position and he hoped that the accounts would be signed off by the end of November.

It was queried why the external auditors were failing in their duties nationally to complete the audits of accounts on time. The Chairman of the Committee responded that the reasons for the failure in the system were multifaceted. When the Audit Commission was abolished, a new tendering framework for external audit was introduced which aimed to bring in the private sector and drive down costs. However in hindsight, those costs were artificially too low. This resulted in key external auditors leaving the market. There was therefore an impact on the capacity of those external auditors remaining in the process. In addition, local authority accounts had become too complex and technical which made the auditing process very challenging and time-consuming. There was therefore a need for the Government to review the auditing system.

In response to a query about the Council’s approach to risk management, the Chairman of the Committee explained that with the development of the Power Bi risk management system, the Council was now able to introduce a more integrated, holistic approach to risk management.

The Council received the report of the Audit and Governance Committee containing a summary of the decisions taken.

The Council received the report of the Pensions Committee containing a summary of the decisions taken.

The Council received the report of the Pensions Committee containing a summary of the decisions taken.