Agenda and minutes

RESOLVED:

That the minutes of the Ordinary Meeting of the Council held on 23 September 2020 be approved and adopted

To receive any disclosure of interests from Members or Officers in matters to be discussed.

Note: Councillors are reminded of their obligations to declare disclosable pecuniary interests, personal and/or prejudicial interests in accordance with the Council’s Code of Conduct.

Councillors Hiscock, Humby, Tod and Porter declared personal (but not prejudicial) interests in respect of agenda items due to their roles as County Councillors. 

Councillor Weir declared a personal (but not prejudicial) interest in respect of agenda item 8 (Question 2) as was a trustee of the University of Winchester Academy Trust which sponsored the Barton Farm Primary Academy.

Councillor Bronk declared a personal (but not prejudicial) interest in respect of agenda item 8 (Question 4) as he was a resident of Twyford which was impacted more so than other parts of the district from the flight path of Southampton International Airport.

The Mayor made a number of announcements.

The Mayor referred to the recent passing of former Councillor and past Mayor Jean Hammerton. Jean was elected to the council in 1994 and was Mayor 2003 to 2004 and was also a Bishops Waltham Parish Councillor for 26 years. 

The Mayor then announced that former Councillor and past Mayor, Major Dougie Covill MBE DCM was celebrating his 100^th birthday and that he had sent greetings from the Mayoralty and wider Council for his happy occasion. 

The Mayor then reported that his recent Local Hero Awards had been great success.  The awards had offered residents the chance to celebrate unsung heroes during the COVID-19 pandemic. In addition to the 113 individuals and groups who had been nominated, 48 Parish Councils and 19 local community groups had also been recognised for their efforts. Certificates had been issued to all these Heroes and the Mayor have recorded a special video in celebration.

The Mayor’s next announcement was with regard to the recent Queen’s Birthday Honours and he had written to the following:

·           Professor Paul Elkington of Owslebury, a Professor of Respiratory Medicine at Southampton University. For services to Medicine particularly during the COVID-19 pandemic.  A Member of the Order of the British Empire.

·           Vera M Collings of Martyr Worthy.  For services to the community.  A Medal of the Order of the British Empire.

·           Ronald D Williamson of Bishops Waltham.  For services to the community.  A Medal of the Order of the British Empire.

The Mayor then referred to Remembrance Sunday and that he was to lay a wreath on behalf of the Winchester district at the war memorial. Due to the COVID-19 pandemic restrictions, the clergy only cathedral service would be viewable via a live stream. He had also recorded a special video, with the Royal British Legion, which will be released on the council’s social media channels just before 11am on both Sunday 8^th and Wednesday 11^th November. 

The Leader then made her announcements.

The Leader referred to measures the council had taken to support free school meals during the half term break and that she would call on the government and other agencies to ensure that all those entitled to free school meals continued to do so during the school holidays.

The Leader then referred to the recent announcement by the government of a further four week period of lockdown restrictions.  The council’s key services would continue to be maintained and communities supported during this latest lockdown period, with the council once again working closely with partner and voluntary organisations and the county council etc. 

The Leader then, on behalf of the council, thanked officers for their hard work in continuing to support businesses and communities.

The Leader then asked the Chief Executive to outline measures to be put in place and the council’s priorities, especially during the latest lock down period.   

Accordingly, the Chief Executive explained that priorities were to support individuals or groups who were identified as most  ...  view the full minutes text for item 3.

To receive and answer and questions from the public.

(Questions must be received in writing by Democratic Services – democracy@winchester.gov.uk – no later than noon on Wednesday 28^th October)

Two written questions had been received and one member of the public was in attendance at the meeting to present their question, along with an associated supplementary question. Both questions and the response from the Cabinet Member were subsequently set out on the council’s website.

On 13 October 2020, provisions within the city council’s constitution were utilised to authorise the entering into a short-term licence with Her Majesty Court and Tribunal Service without the usual notice in the forward plan and for the decision not being subject to call-in

Paragraph 18 of part 4.4 of the council’s constitution (Access to Information Rules) specifies that key decisions are able to proceed without the usual 28 days’ notice, providing that the Monitoring Officer has received in writing the agreement of the Chairperson of the Scrutiny Committee.  Paragraph 18.2 additionally provides provision regarding special urgency.   

Paragraph 16 of part 4.3 of the council’s constitution (Overview and Scrutiny Procedure Rules) requires that when a key decision to be taken is urgent (and not subject to call-in) then the Monitoring Officer must also receive in writing the agreement of the Chairperson of the Scrutiny Committee.  In both instances, the permission of the Chairperson of the Scrutiny Committee was received.

In this case, any delay in implementing the decision would prevent the commencement of important court work well beyond the planned start date.  

The Council noted the use of urgency provisions on 13 October 2020 by the Chief Executive under paragraph 19 of part 4.4 and paragraph 16 of part 4.3 of the Winchester City Council constitution.

To consider the following Notice of Motion to be proposed by Councillor Lumby (seconded by Councillor Brook):

"This Council commits to write to Central Government urging the urgent creation of criminal offences of trespass when setting up an unauthorised encampment, entering upon land as a trespasser with the purpose of residing there in a vehicle and residing in an unauthorised encampment."

In accordance with Council Procedure Rule 10, a Motion was submitted by Councillor Lumby as follows.  The Motion was seconded by Councillor Brook.

"This Council commits to write to Central Government urging the urgent creation of criminal offences of trespass when setting up an unauthorised encampment, entering upon land as a trespasser with the purpose of residing there in a vehicle and residing in an unauthorised encampment."

Councillor Lumby introduced the Motion and in summary raised the following points:

• It was recognised that that 96.6% of the Gypsy, Traveller and Roma communities used authorised sites.
• The government’s consultation on the criminalisation of trespass to create unauthorised encampments was between November 2019 and March 2020. To date, no further information had been forthcoming. 
• Test Valley Borough Council had passed a similarly worded motion in September of this year.  The southern parishes of this district have now asked for the council to consider its position regarding the matter.
• Unauthorised encampments continued to be a regular issue across the whole of the district, in the countryside and in the city.    
• Waste left behind following an unauthorised encampment, if not cleaned up by communities, was a cost to the council.  There were also instances of criminal activity and fear and unease in some communities.
• Officers of the council have strategies in place to deal with encampments, including producing court orders to move unauthorised encampments on.  This takes on average 5 days and takes resource to complete.  A quicker process was now required that allowed the police to act without a court order.  There should be disincentives to not create encampments in the first place.
• The district needs to have sufficient authorised sites to move the 4.4% who currently used unauthorised encampments to.

During the debate which followed on the Motion, in summary, the following points were made:

• A Member detailed their experiences of unauthorised encampments within their community which had resulted in litter, disturbance and antisocial and criminal behaviour. 
• The motion could impact on vulnerable, homeless people.  For example, it would criminalise rough sleepers or those sleeping in cars and encourage them to conceal themselves which could mean that the council would be unable to locate and provide assistance. 
• There does need to be improvements to how illegal encampments on private land is able to be dealt with – but not from criminalising activity. It cannot be assumed that the police would be able to prioritise, and they had responded negatively to the consultation.
• Without site allocation, there could be further marginalisation of sectors of our society.
• There were probably adequate criminal processes already in place to deal with some unexceptional behaviour experienced in some communities.
• The motion over-simplified a complex issue.
• The council should come back to consider the matter once the government had responded to the consultation.
• There was concern that there was debate on a motion that would impact primarily on one ethnic group.  Support of the motion may show an implicit policy direction of the council regarding the matter –  ...  view the full minutes text for item 6.

To receive any resignations from committees and to make any necessary re-appointments.

There were no changes to committee memberships to report.

The total time for questions and the answer and supplementaries thereto shall not exceed 30 minutes.

10 written questions had been received which were heard at the meeting

along with any associated supplementary questions. All questions are set out in full on thecouncil’s website, together with responses from the relevant Cabinet Member.

It was proposed that council offer its thanks to all the recipients of the Mayor’s Local Hero’s Awards and this was seconded and Members then reciprocated with applause.