Council Agenda City of Westminster
Title:
Council Meeting
Meeting Date:
Wednesday 182 May July 2007 Time:
7.00pm Venue: Westminster Council House 97-113 Marylebone Road, London NW1 Members:
All C ouncillors are hereby summoned to attend the Meeting for the transaction of the business set out below.
Admission to the public gallery is by ticket, issued from the ground floor reception at Council House from 6.30pm.
Please telephone if you are attending the meeting in a wheelchair or have difficulty walking up steps. There is wheelchair access by a side entrance.
T An Induction loop operates to enhance sound for anyone wearing a hearing aid or using a transmitter. If you require any further information, please contact Nigel Tonkin.
Tel: 020 7641 2756 Fax: 020 7641 8077 Minicom: 020 7641 5912 Email: [email protected] Corporate Website: www.westminster.gov.uk
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Council Agenda 182 JulyMay 2007 3 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin 1. Appointment of Relief Chairman Formatted
To appoint a relief Chairman.
2. Minutes
To sign the Minutes of the Annual Meeting of the Council held on 1621 March May 2007.
3. Notice of Vacancy
To note that Councillor Michael Vearncombe, Member for Marylebone High Street ward, resigned from the Council on Tuesday 27 March 2007. A by- election to fill the vacancy is being held on Thursday 3 May 2007.
34. Lord Mayor's Communications
(a) The Lord Mayor to report that on 17 May she attended a Thanksgiving Service in Westminster Cathedral for the life of Councillor Kevin Gardner. The service was also attended by a number of City Councillors, Past Lord Mayors, staff and a large body of other people wishing to mark his life.
(b) The Lord Mayor to report that on 16 June her Locum Tenens attended the retirement party for Dr Geoffrey Copland (who had been awarded a CBE in HM Birthday Honours). Dr Copland has been the Vice-Chancellor and Rector of Westminster University since January 1996.
(c) The Lord Mayor to report that on 1 July she attended the Annual Civic Service in Westminster Abbey in civic state accompanied by Hon Aldermen John Bull and Anne Mallinson, Councillors Argar, Astaire, Barrow, Blois, Brahams, Burbridge, Bush, Caplan, Connell, Davis, Doyle, Flight, Floru, Hall, Hampson, Harvey, Havery, Hooper, Hyams, Lewis, Marshall, Milton, Moss, Mothersdale, Nemeth, Mushtaq Qureshi, Roe, Ian Rowley, Sandys, Summers, Taylor and Toki.
The multi-faith service involved an Old Testament Lesson in Hebrew, a Muslim chanting group, and children from the City’s different Faith Groups reading prayers. The sermon was given by the Dean.
(d) The Lord Mayor to report that she attended the London Youth Games over the weekend 23/24 June, at which various Westminster participants were competing. The City won the Team Canoeing event, and improved its overall position in the rankings from last year.
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(a)The Lord Mayor to report that, at the invitation of Her Majesty, he attended Formatted: Bullets and Numbering and greeted the President of the Republic of Ghana and Mrs Kufour at their formal arrival in the UK at the start of their State Visit to this country.
(b) The Lord Mayor to report that, alongside the Archbishops of Canterbury and York, he led the Walk of Witness march – starting from Whitehall Place, Westminster – to mark the 200 th anniversary of the abolition of the Slave Trade.
(c) The Lord Mayor to report that, on behalf of the Council and Citizens of the City of Westminster, he sent loyal greetings to Her Majesty The Queen on the occasion of her birthday on 21 April.
5. Vote of Thanks
To the retiring Lord Mayor and Lady Mayoress, Councillor Alexander Nicoll and Mrs Grania Nicoll.
46. Declarations of Interests (if any)
To receive declarations of interests from Members and Officers of the Council.
7. Public Interest Report of the District Auditor - Objection to the City Council’s Accounts for 2003/04 re: Settlement with Dame Shirley Porter and others
To consider the report of the Director of Legal and Administrative Pages Services and the appended Public Interest Report.
58. Petitions and Deputations (if any)
Council Agenda 182 JulyMay 2007 5 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: (a) Petitions Margin Formatted: Font: Bold (1) Councillor Paul Dimoldenberg to present a petition from residents of 106 Dufours Place requesting that CityWest Homes and the City Council take action to deal with drug-related problems in the block. Formatted: Font: Not Bold
(2) Any other petitions. Formatted: Font: Not Bold
(b) Deputations – A request for the Youth MP (Jennifer Sernat) to address Formatted: Indent: Left: 0 cm, Hanging: 2.06 cm the Council as part of a deputation including the Deputy Youth MP (Razz Rahmah) and members of the Youth Committee. Formatted: Font: Not Bold
6.9 Questions
(Standing Order 9 limits the questions to matters relevant to the general work or procedure of the Council).
710 . Councillor Issues
(a) (a) Councillor David Boothroyd Tim Mitchell – Coaches in the Formatted: Bullets and Numbering vicinity of Buckingham Palace – Council leaseholders Formatted: Indent: Left: 1.27 cm
(b) Councillor Gwyneth Hampson -Brian Connell – The Benefits of Effective Scrutiny
811 . Statements on Urgent Matters Pursuant to Standing Order 4(3) (if any)
(Standing Order 4(3) provides that with the approval of the Chairman of the Meeting, the Leader of the Council may make a statement on an urgent matter and the Leader of the Opposition will have an equivalent right to reply).
912. Cabinet Reports
To receive and consider the following Cabinet reports:-
(A) Cabinet Reports Pages
Date
16 April
Council Agenda 182 JulyMay 2007 6 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: *18 June 5 - 7 Margin 9 July To follow
(B) Cabinet Committee Reports
Date
11 April (Building Schools for the Future)
(BC) Individual Cabinet Member Decisions
Period
198 MarchApril 2007 to 519 April July 2007 8 - 22
1013. Committee Reports
To receive and consider the following Committee reports:
Committee Date Pages
Standards (No.1) 10 May 23 Built Environment (No.1) 15 May 24 - 25 Special Meeting of Committees 16 May 26 Licensing 22 May 27 - 28 Superannuation Investments 30 May 29 Built Environment (No.2) 5 June 30 - 31 Children and Young People (No. 1) 6 June 32 Children and Young People (No. 2) 6 June 33 Resources and Corporate Services 12 June 34 - 36 Health and Community Services 20 June 37 - 39 Children and Young People (No. 3) 20 June 40 - 41 Audit and Performance 28 June 42 - 44 Westminster Scrutiny Commission 3 July 45 - 46 * Standards (No.2) 10 July To follow Standards (No.3) 10 July To follow * General Purposes 11 July To followResources and Corporate Services 26 March Health and Community Services 2 April Built Environment 3 April Children and Young People 4 April Westminster Scrutiny Commission 17 April * General Purposes 20 April Audit and Performance 24 April To Follow
Council Agenda 182 JulyMay 2007 7 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: *There is a recommendation for decision in the above report s. Margin
141. Notice of Motion – Street Markets
To be proposed moved by Councillor Audrey Lewis Paul Dimoldenberg and seconded by Councillor Steve Summers:Aziz Toki:
“This Council recognises the important contribution that street markets make in providing consumer choice and building community life and character in their neighbourhoods and welcomes the recognition that street markets are receiving through schemes such as Westminster's Market Trader of the Year competition.
To strengthen our existing street markets this Council agrees that the people who shop in and live near street markets and the traders who work there should be given a larger say in how they are managed." “This Council congratulates the Metropolitan Police in Westminster on their success in cutting the overall crime rate in the City, in particular cutting the violent crime rate by nearly 10%; applauds the introduction of safer neighbourhood teams to every ward in the City; notes that the total budget for the Metropolitan Police rose by only 4.4% this year; believes that this demonstrates that the Metropolitan Police provides excellent value for money”.
Westminster City Hall Victoria Street London SW1 620 April July 2007 Director of Legal and Administrative Services Formatted: Normal, Indent: Left: 0 cm, Hanging: 10.16 cm, Tab stops: -1.93 cm, Left + -1.27 cm, Left + 0 cm, Left + 1.27 cm, Left + 2.06 cm, Left + 3.17 cm, Left + 5.08 cm, Left + 6.35 cm, Left + 7.62 cm, Left + 8.89 cm, Left + 10.16 cm, Left + 11.43 cm, Left + 12.7 cm, Left + 13.97 cm, Left + 15.24 cm, Left + 16.51 cm, Left + 17.78 cm, Left + 19.05 cm, Left + 20.32 cm, Left + 21.59 cm, Left + 22.86 cm, Left + 24.13 cm, Left + 25.4 cm, Left + 26.67 cm, Left + 27.94 cm, Left + 29.21 cm, Left + 30.48 cm, Left + 31.75 cm, Left + 33.02 cm, Left, Position: Horizontal: 0.42 cm, Vertical: 0.42 cm
Council Agenda 182 JulyMay 2007 8 Formatted: Right: 0.63 cm
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Subject: Public Interest Report of the District Auditor (Objection to the City CITY OF WESTMINSTER Council’s Accounts for 2003/04 re. Formatted: Normal Settlement with Dame Shirley Porter and Others)
Formatted: Indent: Left: 0 cm Executive Summary and Recommendations
Summary
The District Auditor issued a Public Interest Report on 15 th March Formatted: Indent: Left: 0 cm, First line: 0 cm 2007 concerning his rejection of certain objections to the City Council’s accounts for the year 2003/4. Formatted: Indent: Left: 0 cm The City Council is now required to consider the report and decide Formatted: Indent: Left: 0 cm, First line: 0 cm what action (if any) to take in response. A notice containing a summary of what has been decided (which must have been approved by the Auditor) has to be published in a newspaper circulating in the area of the City Council.
The subject matter of the report concerns objections to the City Council’s accounts for 2003/4 by the Leader of the Opposition, Councillor Dimoldenberg, and others, following the settlement of £12.3m agreed with Dame Shirley Porter and others in April 2004 in respect of sums she had been ordered to pay the City Council by way of “surcharge”, interest and costs in relation to the so called “Homes for Votes” affair. The total sum due at the time of the settlement was in the order of £44m and the objection was made on the basis that the City Council failed to recover the full amount due.
On every major issue considered by the District Auditor, the arguments of the objectors have been rejected and the position maintained by the City Council throughout, upheld.
A copy of the Public Interest Report is attached as Appendix 1. Formatted: Normal Recommendations: Formatted: Indent: Left: 0 cm, First line: 0 cm
1. That the District Auditor’s Public Interest report of 15 th March 2007 be noted Formatted: Indent: Left: 0 cm and no further action be taken in respect thereof, save for the publication of the Formatted: Indent: Left: 0 cm, First line: 0 cm statement referred to in paragraph 2.2 below
2. That the statement set out in Appendix 2 be approved.
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Council Agenda 182 JulyMay 2007 Formatted ... [2] Formatted ... [1] 9 Formatted ... [3] Formatted ... [4] Formatted ... [5] Formatted ... [6] Council Meeting Formatted City of Westminster ... [7] Formatted ... [8] Item No: Formatted ... [9] Formatted ... [10]
Date: 2nd May 2007 Formatted ... [11] Formatted ... [12] Formatted Classification: ... [13] For General Release Formatted ... [14] Formatted ... [15] Title of Report: Public Interest Report of the District Auditor Formatted (Objection to the City Council’s Accounts for 2003/04 ... [16] re. Settlement with Dame Shirley Porter and Others) Formatted ... [17] Formatted ... [18]
Formatted Report of: Director of Legal and Administrative Services ... [19] Formatted ... [20]
Formatted ... [21] Wards involved: All Formatted ... [22] Formatted ... [23] Policy context: Low Council Tax Formatted ... [24] Formatted ... [25] Financial summary: The total costs of responding to the Objection and in Formatted ... [26] respect of the District Auditors fees are estimated at Formatted £427,000 which will be apportioned between the ... [27] General Fund and the Housing Revenue Account. Formatted ... [28] Formatted ... [29]
Formatted Report Author: Colin Wilson ... [30] Formatted ... [31] Contact details 020 7641 2710 Formatted ... [32] Email: [email protected] Formatted ... [33] Formatted ... [34] REPORT OF THE CABINET ON 18 JUNE 2007 Formatted ... [35] Formatted ... [36] The following Members of the Cabinet were present: Formatted ... [37] Councillors: Sir Simon Milton - Leader of the Council Formatted ... [38] Colin Barrow - Deputy Leader and Cabinet Formatted ... [39] Member for Finance and Support Formatted ... [40] Services Formatted Robert Davis - Chief Whip and Cabinet Member ... [41] for Planning Formatted ... [42] Daniel Astaire - Cabinet Member for Customer and Formatted ... [43] Community Services Formatted ... [44] Formatted ... [45] Council Agenda 182 JulyMay 2007 10 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Ian Adams - Cabinet Member for Health and Margin Adult Social Services Alan Bradley - Cabinet Member for Street Environment Danny Chalkley - Cabinet Member for Transport and Economic Development Sarah Richardson - Cabinet Member for Children’s Services Angela Harvey - Cabinet Member for Housing Audrey Lewis - Cabinet Member for Licensing and Community Protection
Also Present: Councillors Alastair Moss, Glenys Roberts and, via a telephone link, Ian Wilder
The following issue is referred to the Council for decision:
1. One City: Our Best Value Performance Plan 2007/08 Formatted: Bullets and Numbering
(a) We have received a report attaching a draft of the Council’s Best Value Formatted: Bullets and Numbering Performance Plan 2007/08.
(b) In drafting the plan the Council has, because of its status as a “4 star” Formatted: Bullets and Numbering authority, the freedom again this year to produce a document which meets the minimum statutory requirements. The plan summarises performance and achievements in 2006/07 and the key priorities for 2007/08, including the 18 One City projects and the 12 Local Authority Agreement enhanced performance targets for the City Council and its partners to achieve.
(c) We have (i) approved the draft plan, subject to a number of drafting Formatted: Bullets and Numbering amendments requested by Members, which, in order to meet statutory requirements, has to be placed on the internet by 30 June 2007; and (ii) authorised the Chief Executive, in consultation with the Leader of the Council, to agree the wording of the final version for submission to the Council meeting on 18 July.
(d) The draft plan has been circulated to all Overview and Scrutiny Committee Members and any comments made will be taken into account when finalising the plan.
(e) The report we considered at our meeting attaching the final version (rather than the draft) of the Plan is attached as Appendix A to the Council agenda.
We recommend: That “One City: Our Best Value Performance Plan 2007/08” be adopted by the Council.
The following paragraphs refer to issues upon which the Cabinet took executive decisions:
Council Agenda 182 JulyMay 2007 11 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
2. Outturn for Year Ended 31 March 2007 Formatted: Font: Bold
(a) We have considered a report on the outturn for 2006/07. The final figures are Formatted: Bullets and Numbering subject to audit. The Financial Statements for 2006/07 will be presented to the Audit and Performance Committee on 28 June and reported to the Council.
(b) We have noted the report and the earmarked reserves and we have agreed Formatted: Bullets and Numbering that provisions be made centrally in respect of General Fund items and released when the Chief Executive is satisfied (i) with the justification for the items and (ii) that current year underspends cannot meet the costs involved. We have also noted the requests for capital carry forwards and authorised the Director of Finance and Resources to release these subject to current requirements for the commitment of expenditure and to ongoing review of the capital programme and resources.
Formatted: Font: 12 pt 3. Soho Action Plan Formatted: Font: Bold
Formatted: Font: 12 pt (a) We reported to the Council in July last year on the intention to commence public consultation on a draft action plan for Soho (one of a series of One City action plans for the West End).
(b) We have now considered a report on the outcome of the consultation (which took place from September to November last year) summarised in terms of the One City delivery programmes of Order, Opportunity, Enterprise and Renewal. The report attached a revised version of the action plan which takes into account the responses received, a list of actions arising (short, medium and long term) and priorities for the current year. We noted information on the funding of initiatives under the action plan and that external funding will need to be attracted for full implementation to take place, as is the case with all the West End action plans.
(c) At our meeting we heard from two of the West End Ward members – Councillor Ian Wilder, who spoke via a telephone link, and Councillor Glenys Roberts, who is also the lead member for the Soho Action Plan. (d) We consider that the consultation has been comprehensive and has allowed all voices to be heard and we have thanked the officers from the West End team in the Planning and City Development Department who have worked so hard throughout the process of developing the action plan.
(e) As a result of our discussions and the contents of an addendum report circulated by the Director of Planning and City Development, revisions are required to the version of the action plan submitted to us. We have therefore agreed to adopt the plan, subject to revisions which will be the subject of consultation with the Cabinet Member for Economic Development and Transport, before the final version of the plan is published.
Council Agenda 182 JulyMay 2007 12 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
SIR SIMON MILTON, Chairman Formatted: Font: 12 pt Formatted: Font: 12 pt, Not Bold ______
Formatted: Font: 12 pt, Not Bold Local Government (Access to Information) Act, 1972 – Background Papers Reports and Minutes of the Cabinet meeting held on 18 June 2007
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Council Agenda 182 JulyMay 2007 13 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Reports of Decisions and Recommendations (if any) to the Council Margin of Individual Cabinet Members for the Period Formatted: Font: 14 pt, Bold 19 April 2007 – 5 July 2007 Formatted: Font: 14 pt, Bold
The following issues are referred to the Council for information: Formatted: Left, Tab stops: 1.25 cm, Left
THE LEADER (Councillor Sir Simon Milton) Formatted: Indent: Left: 0 cm, First line: 1.27 cm Formatted: Indent: Left: 0 cm nd 1. CityWest Homes 2 Management Agreement, Delivery Plan, Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, Five Year Performance Framework – 24 May 2007* Tab stops: Not at 1.59 cm Formatted: Indent: Left: 0 cm, Tab stops: Not at 1.59 Councillor Sir Simon Milton authorised the Director of Legal and Administrative cm Services to sign the Second Management Agreement in the form attached to Formatted: Font color: Auto the report or one which is substantially similar. The Director of Housing to Formatted: Indent: Left: 1.27 cm, First line: 0 cm, Tab agree any amendments considered necessary to the Second Management stops: Not at 1.06 cm Agreement before it is signed by the Director of Legal and Administrative Formatted: Font color: Auto Services and approved the Delivery Plan forming part of the Second Management Agreement. Formatted: Font color: Auto
2. Proposed Partnership of the Central London Boroughs – 18 June 2007 Formatted: Indent: Left: 0 cm, Tab stops: Not at 1.59 Councillor Sir Simon Milton agreed: cm Formatted: Indent: Left: 0 cm, First line: 1.25 cm, Tab 1. That the City Council contribute £20,000pa to a new partnership of stops: Not at 1.59 cm Central London Boroughs for the next three years, provide in-kind Formatted: Indent: Left: 0 cm, Tab stops: Not at 1.59 support as necessary, and meet the Council’s share of any liabilities cm upon the partnership’s termination, if necessary. Formatted: Indent: Left: 1.25 cm, Hanging: 1 cm, Tab stops: 1.25 cm, Left 2. That a new partnership be formed comprising the seven Central London Boroughs City of London, Camden, Islington, Kensington and Chelsea, Formatted: Indent: Left: 1.25 cm, Hanging: 1 cm Lambeth, Southwark and the City Council, to provide an advocacy, Formatted: Indent: Left: 1.25 cm, Hanging: 1 cm, promotional and coordination role for Central London and authority be Tab stops: 1.25 cm, Left granted to enter into any necessary legal agreements. Formatted: Indent: Left: 1.25 cm, Hanging: 1 cm 3. That the City Council formally withdraws its membership of Central Formatted: Indent: Left: 1.25 cm, Hanging: 1 cm, London Partnership at the end of the current financial year and provides Tab stops: 1.25 cm, Left the appropriate notice of this decision. Formatted: Indent: Left: 0 cm, Tab stops: Not at 1.59 3. Application for Leave of Absence – 28 June 2007 cm Formatted: Indent: Left: 0 cm, First line: 0 cm Councillor Sir Simon Milton approved the request for leave of absence of Formatted: Indent: Left: 0 cm Councilor Pamela Batty until 30 September 2007. Formatted: Indent: Left: 1.27 cm Formatted: Indent: Left: 0 cm
Council Agenda 182 JulyMay 2007 14 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin CABINET MEMBER FOR FINANCE AND SUPPORT SERVICES (Councillor Colin Barrow)
4. Early Retirement Under the 85 Year Rule – 19 April 2007* Formatted: Indent: Left: 0 cm, Tab stops: 1.25 cm, Left + 7.62 cm, Centered Councillor Colin Barrow agreed that the Council exercise its discretion to allow Formatted: Indent: Left: 0.5 cm, Hanging: 0.5 cm early receipt of pension benefits in the case of the officer named in the report. Formatted: Indent: Left: 1.27 cm, First line: 0 cm
Formatted: Indent: Left: 0.5 cm, Hanging: 0.5 cm 5. Council Tax Benefit Overpayments and Former Client Rent Arrears – Irrecoverable Debt – 14 May 2007* Formatted: Indent: Left: 0 cm
Councillor Colin Barrow approved the writing off of the irrecoverable debt Formatted: Indent: Left: 1.27 cm shown at paragraph 2.1 of the report and noted the amounts written-off under officer delegated authority. Formatted: Indent: Left: 0 cm 6. Built Environment Policy and Projects Review - 14 May 2007* Formatted: Indent: Left: 1.27 cm Councillor Colin Barrow concurred with the Cabinet Member for Planning and Formatted: Indent: Left: 0 cm the Cabinet Member for Economic Development and Transport that: Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm, 1. the proposed re-organisation of Policy and Project functions No bullets or numbering, Position: Horizontal: 0.42 cm, Vertical: 0.42 cm across the Built Environment as identified in Sections 3 and 4 of the report be endorsed. Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm, 2. the posts detailed in Appendix 1 of the report be deleted from the No bullets or numbering, Position: Horizontal: 0.42 Departmental structures at a date to be agreed by the relevant Chief cm, Vertical: 0.42 cm Officer and the Head of Human Resources. Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm
3. the posts detailed in Appendix 2 of the report be transferred to Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm, No bullets or numbering, Position: Horizontal: 0.42 the Departments/teams identified with effect from the 1 April 2007, it cm, Vertical: 0.42 cm being noted that the implementation of these changes to coincide with the proposed accommodation moves linked to the corporate WorkSmart Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm project. Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm, No bullets or numbering, Position: Horizontal: 0.42 4. the proposed structure shown in Appendix 3 of the report be cm, Vertical: 0.42 cm agreed at grades to be determined by the Head of Human Resources. Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm, 5. should it not be possible to redeploy staff affected by the No bullets or numbering, Position: Horizontal: 0.42 proposals in this report they be declared redundant, with effect from a cm, Vertical: 0.42 cm date to be agreed between the Head of Human Resources and the Formatted: Indent: Left: 1.27 cm relevant Chief Officer, and be paid benefits in accordance with the Formatted: Indent: Left: 0 cm, First line: 0 cm Council’s procedures. Formatted: Font: Arial Bold, 14 pt, Font color: Auto 7. Cleopatra’s Kiosk – Proposed Offer of Settlement of Claim – Formatted: Font color: Auto 18 May 2007* Formatted: Font: Arial Bold, 14 pt, Font color: Auto Formatted: Indent: Left: 0 cm Councillor Colin Barrow authorised the Director of Property and Strategic Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, Projects to make an offer in full and final settlement of the claim relating to Tab stops: Not at 0 cm
Council Agenda 182 JulyMay 2007 15 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Cleopatra’s Kiosk on the terms set out in the report and agreed that the Margin settlement recommended in the report be treated as an urgent matter. The Chief Executive, in consultation with the Leader of the Council, agreed that this item be exempt from the call-in provisions in view of the urgency involved. Formatted: Indent: Left: 0 cm, First line: 0 cm 8. Wireless City Innovation Competition – 25 May 2007 Formatted: Indent: Left: 0 cm, Tab stops: 1.25 cm, Left Councillor Colin Barrow approved the holding of a Wireless Innovations Formatted: Font: 12 pt Competition as set out in section 2 of the report and agreed that authority be delegated to the Director of Customer Services to approve the competition Formatted: Indent: Left: 0 cm rules and to enter into such legal agreements with BT and Vertex and others Formatted: Indent: Left: 1.27 cm and such ancillary arrangements as may be needed for the holding of the competition. Formatted: Indent: Left: 0 cm 9. Regency Building Services Claim 258 - 260 Harrow Road, The Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Stowe Centre – 18 June 2007* Formatted: Indent: Left: 0 cm Councillor Colin Barrow accepted the City Council’s lawyers advice that this Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm claim is not contested and approved the payment recommended in the report and the actions proposed, prior to the commencement of potential subsequent legal proceedings by the City Council against Regency Building Services, to claim sums back in respect of defective contract works. Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab 10. Regency Building Services Claim 209 - Harrow Road Health stops: 7.62 cm, Centered + 15.24 cm, Right Centre – 18 June 2007*
Councillor Colin Barrow accepted the City Council’s lawyers advice that this Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm claim is not contested and approved the payment recommended in the report and the actions proposed, prior to the commencement of potential subsequent legal proceedings by the City Council against Regency Building Services, to claim sums back in respect of defective contract works. Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab 11. Cashless Parking Implementation – 21 June 2007 stops: 7.62 cm, Centered + 15.24 cm, Right
Councillor Colin Barrow approved capital expenditure of £1.9M in 2007/08 and £1.3M in 2008/09 Formatted: Indent: Left: 0 cm CABINET MEMBER FOR PLANNING Formatted: Font: 14 pt, Underline (Councillor Robert Davis)
12. Stratford Place Conservation Area Audit – Adoption as Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Supplementary Planning Document – 19 April 2007 Formatted: Font: 12 pt Councillor Robert Davis agreed that the content of the Conservation Area Formatted: Indent: Left: 1.27 cm Audit for the Stratford Place Conservation Area (as shown in Appendix 2 to the report) be agreed and authorised the Director of Planning and City Development to undertake the sustainability appraisal of the document and subsequently take all steps necessary to allow formal adoption of the
Council Agenda 182 JulyMay 2007 16 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Supplementary Planning Document, to ensure compliance with the Town and Margin Country Planning (Local Development) (England) Regulations 2004. 13. Built Environment Policy and Projects Review - 14 May 2007* Formatted: Indent: Left: 0 cm Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab Councillor Robert Davis concurred with the decision of the Cabinet Member stops: Not at 1.75 cm for Finance and Support Services and the Cabinet Member for Economic Formatted: Font: Not Bold Development and Transport set out at Paragraph 6. Formatted: Indent: Left: 1.27 cm, Tab stops: Not at 1.25 cm 14. Birdcage Walk Supplementary Planning Guidance – 20 April 2007 Formatted: Font: Not Bold Formatted: Indent: Left: 0 cm, Tab stops: Not at 1.25 Councillor Robert Davis agreed: cm Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 1. That the content of the Conservation Area Audit for the Birdcage Walk Formatted: Font: 12 pt Conservation Area, as shown in the report, be agreed and authorised the Formatted: Indent: Left: 0 cm Director of Planning and City Development to undertake the sustainability appraisal of the document and subsequently take all steps necessary to Formatted: Indent: Left: 0 cm, First line: 1.27 cm, Tab stops: Not at 1.25 cm allow formal adoption of the Supplementary Planning Document, to ensure compliance with the Town and Country Planning (Local Development) (England) Regulations 2004.
2. That the designation of the extension to the Birdcage Walk Conservation Formatted: Indent: Left: 0 cm, First line: 0 cm Area, as shown on the plan at Appendix 2 to the report, be agreed. Formatted: Font: 12 pt Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 15. Update to the residential unit sum used in financial Formatted: Indent: Left: 0 cm contributions contained within the Unitary Development Plan Formatted: Font: Not Bold – 24 April 2007 Formatted: Indent: Left: 1.27 cm
Councillor Robert Davis agreed the annually updated ‘per unit sum’ figures of Formatted: Indent: Left: 0 cm £147,000 and £197,000 (high value areas) for use from 1 st April 2007 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, Tab stops: Not at 1.25 cm 16. Queensway Conservation Area Audit – Adoption for Public Formatted: Font: 14 pt, Bold Consultation – 3 May 2007 Formatted: Font: 14 pt Formatted: Indent: Left: 0 cm, Tab stops: Not at 1.25 Councillor Robert Davis agreed the draft Queensway Conservation Area cm Audit for consultation purposes. Formatted: Font: Not Bold
17. Local Development Framework -Core Strategy Issues and Formatted: Indent: Left: 0 cm, First line: 1.27 cm, Tab stops: Not at 1.25 cm Options – 9 May 2007 Formatted: Indent: Left: 0 cm, Tab stops: Not at 1.25 cm Councillor Robert Davis approved the draft Issues and Options Paper; agreed that it be subject to informal public consultation for a six week period to include Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, consultation with the ‘specific consultation bodies’ and the ‘general Tab stops: Not at 1.25 cm consultation bodies; and noted that the Cabinet Member for Planning has Formatted: Font: 14 pt, Bold been appointed by the Leader to make further decisions and undertake further Formatted: Indent: Left: 0 cm, Tab stops: Not at 1.25 actions to progress the Core Strategy required under the Planning and cm Compulsory Purchase Act 2004, prior to the approval of the final version of the Formatted: Indent: Hanging: 1.25 cm, Space Before: Core Strategy by Full Council. 0 pt, Tab stops: 1.25 cm, Left + 7.62 cm, Centered + 15.24 cm, Right + Not at 7.32 cm + 14.65 cm
Council Agenda 182 JulyMay 2007 17 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin 18. Statues and Monuments Guidance – Agreement for Public Formatted: Indent: Left: 0 cm, First line: 0 cm, Space After: 0 pt Consultation – 25 May 2007 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, Space After: 0 pt Councillor Robert Davis approved the content of the Statues and Monuments in Westminster Guidance for full public consultation and authorised the Formatted: Indent: Left: 0 cm, Adjust space between Director of Planning and City Development to undertake the sustainability Latin and Asian text, Adjust space between Asian text and numbers appraisal of the document and subsequently take all steps necessary to allow formal adoption of the Supplementary Planning Document, to ensure Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, compliance with the Town and Country Planning (Local Development) Adjust space between Latin and Asian text, Adjust space between Asian text and numbers (England) Regulations 2004 . Formatted: Adjust space between Latin and Asian 19. Commemorative Green Plaque for Frederick Winsor (1763- text, Adjust space between Asian text and numbers 1830) – 29 May 2007 Formatted: Indent: Left: 0 cm Formatted: Font: 12 pt Councillor Robert Davis approved the nomination for a commemorative green Formatted: Indent: Left: 1.27 cm plaque for Frederick Winsor subject to sponsorship in full. Formatted: Indent: Left: 0 cm 20. Westminster World Heritage Site Management Plan – 30 May Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 2007 Formatted: Adjust space between Latin and Asian Councillor Robert Davis agreed the Management Plan, including the text, Adjust space between Asian text and numbers Objectives laid out in the report, be accepted by the City Council and Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, considered a material consideration in carrying out the City Council’s planning Adjust space between Latin and Asian text, Adjust duties, subject to provisos set out in the recommendations. space between Asian text and numbers Formatted: Font: 12 pt 21. Old Palace Yard Security Improvements (Corus Phase 3) – 5 Formatted: Indent: Left: 0 cm July 2007* Formatted: Left, Indent: Left: 0 cm, Hanging: 1.27 cm Councillor Robert Davis concurred with the Cabinet Member for Economic Development and Transport and approved:
1. The highway improvements and security measures for Houses of Formatted: Indent: Left: 0.5 cm, Hanging: 2.04 cm, Parliament and Victoria Tower as shown in the report. Space After: 0 pt, Tab stops: 1.25 cm, Left Formatted: Font: 12 pt 2. Capital expenditure of £195,000, as provided through a purchase order Formatted: Font: 12 pt from the Parliamentary Estates Directorate, necessary to implement the scheme, excluding maintenance works estimated at £70,000 to be Formatted: Font: 12 pt funded by Parliamentary Estates Directorate’s principal contractor, by Formatted: Font: 12 pt the Director of Transportation under delegated authority. Formatted: Space After: 0 pt 3. The delegation to the Director of Transportation of the power to make Formatted: Indent: Left: 0.5 cm, Hanging: 2 cm, any Anti Terrorism Traffic Regulation Order and any other related traffic Space After: 0 pt, Tab stops: 1.25 cm, Left + 2.5 cm, orders and highway and traffic management measures as may be Left
needed for the implementation of the proposals in this report in order to Formatted: Font: 12 pt prevent acts of terrorism and to formulate statements of reasons in support of any such orders, subject to consultation with the Cabinet Formatted: Font: 12 pt Member for Planning.
Council Agenda 182 JulyMay 2007 18 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 4. The amendment of the Cabinet Member decision made by him as Margin Cabinet Member for Planning and Customer Services, on 23 Formatted: Font: 12 pt September 2005 by replacing ' section 22 ' with ‘section 22C’ of the Formatted: Indent: Left: 1.25 cm, Hanging: 1.29 cm Road Traffic Regulation Act 1984 (RTRA 1984). Formatted: Font: 12 pt
Economic Development and Transport Formatted: Indent: Left: 0 cm (Councillor Danny Chalkley)
22. Headfort Place and Montrose Place Streetscape Improvements Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm – 19 April 2007 Formatted: Indent: Left: 0 cm Councillor Danny Chalkley approved the streetscape improvements shown on Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, drawing CD-01 Revision B attached as Appendix A to the report, to be carried Space After: 0 pt out by Grosvenor Estate Belgravia, the developer of 11- 35 Headfort Place and 10 -14 Montrose Place and capital expenditure of £30,000 to cover the City Council’s cost of reviewing the design and monitoring implementation of the proposals, which will be fully funded by Grosvenor Estate Belgravia in advance of any work being carried out. Formatted: Indent: Left: 0 cm 23. Trial Policy Change for Residents Permit Holders Parked in Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Suspended Bays – 23 April 2007 Formatted: Indent: Left: 0 cm Councillor Danny Chalkley approved the policy outlined in the report initially on Formatted: Indent: Left: 1.27 cm a two month trial basis for adoption. Formatted: Indent: Left: 0 cm, First line: 0 cm 24. Response to the consultation by the Royal Borough of Formatted: Indent: Hanging: 1.27 cm, Space After: 0 Kensington and Chelsea on two proposed schemes for Sloane pt Square – 30 April 2007 Formatted: Indent: Left: 0 cm Councillor Danny Chalkley agreed: Formatted: Indent: Left: 0 cm, First line: 1.27 cm
1. that the Director of Transportation should raise concern that the Royal Formatted: Indent: Left: 0 cm Borough of Kensington and Chelsea’s (RBKC’s) crossroads scheme may Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm, increase traffic on some residential roads in Knightsbridge & Belgravia Tab stops: Not at 1.27 cm Ward. Formatted: Bullets and Numbering Formatted: Indent: Hanging: 0.98 cm 2. that RBKC be requested to develop a Strategic Traffic Model to enable the full impact of the Save Sloane Square Scheme proposal on roads in Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm, Tab stops: Not at 1.27 cm the City of Westminster to be considered and that the Director of Transportation be authorised to respond as he considers appropriate to Formatted: Bullets and Numbering RBKC in respect of the Strategic Traffic Model’s findings, following discussion with the Cabinet Member. Formatted: Indent: Hanging: 0.98 cm 3. that RBKC should consult with Section 6 consultees in the usual way on Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm, the required Traffic Management Order to mitigate the impact of either Tab stops: Not at 1.27 cm scheme by reversing the one way working in Holbein Place and Formatted: Bullets and Numbering introducing one way working westbound in Holbein Mews. Formatted: Indent: Hanging: 0.98 cm
Council Agenda 182 JulyMay 2007 19 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 4. that RBKC be requested to consider additional mitigating measures Margin during construction and/or a contribution of £100,000 from RBKC Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm, towards any traffic management measures in Westminster, in addition to Tab stops: Not at 1.27 cm those identified in this report, that might be required in the Belgravia area Formatted: Bullets and Numbering as a result of any scheme agreed for Sloane Square leading to increased rat-running traffic through the area. Formatted: Indent: Hanging: 0.98 cm 5. that RBKC be informed that the City Council considers that neither Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm, scheme should proceed without either Transport for London or RBKC Tab stops: 2.25 cm, List tab + Not at 1.27 cm funding all necessary mitigating measures including the reinstatement of Formatted: Bullets and Numbering the banned right turn from Lower Sloane Street into Royal Hospital Road, in advance of the works taking place. Formatted: Indent: Left: 0 cm 25. Built Environment Policy and Projects Review - 14 May 2007* Formatted: Indent: Left: 0 cm, Tab stops: Not at 1.75 cm Councillor Danny Chalkley concurred with the decision of the Cabinet Member for Finance and Support Planning set out at Paragraph 6. Formatted: Font: Not Bold Formatted: Indent: Left: 1.27 cm, Tab stops: Not at 26. Child Pedestrian Safety Co-ordinator – 16 May 2007 1.25 cm Formatted: Font: Not Bold Councillor Danny Chalkley agreed that the post of Child Pedestrian Formatted: Indent: Left: 0 cm, Tab stops: Not at 1.25 Safety Coordinator be retained on a permanent basis with the post being cm funded from the existing staffing revenue budgets for the Strategy and Formatted: Indent: Left: 0 cm Programmes Group, if external funding is not forthcoming from Transport for London and that in addition to continuing to provide a ‘kerbcraft training Formatted: Indent: Left: 0 cm, Tab stops: Not at 1.25 cm initiative’ type service the post holder will also be expected to manage the cyclist training, which will include liaising with schools to set the programme; Formatted: Indent: Left: 1.27 cm, No bullets or co-ordinate the staff, keep records including pay to instructors etc; co-ordinate numbering, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers all Bike Week events; and deal with the 'soft options' within School Travel Plans; including carrying out the review of the approved schemes as required Formatted by the Department of Education and Skills. Formatted: Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between Asian text 27. Tour De France 2007 – Residents’ Parking Controls – 16 May and numbers 2007 Formatted: Indent: Hanging: 1.25 cm, Space Before: 0 pt, Tab stops: 1.25 cm, Left Councillor Danny Chalkley approved a temporary extension to the controlled Formatted: Indent: Left: 0 cm, Adjust space between hours for residents’ parking bays in the parking zones A2, D & H to 8.30 a.m. Latin and Asian text, Adjust space between Asian text to 6.30 p.m. on Saturday 7 July 2007 and Sunday 8 July 2007 and Traffic and numbers Orders made under Section 6 and/or under Sections 16A and/or 45 of the Formatted: Indent: Left: 1 cm, Hanging: 0.27 cm, Road Traffic Regulation Act 1984, in order to give effect to the above decision Space After: 0 pt and the statement of reasons set out in the report. Formatted: Font: Not Bold Formatted: Font: Not Bold 28. Berwick Street Market Signing – 21 May 2007 Formatted: Font: Not Bold Councillor Danny Chalkley agreed that ‘Berwick Street Market’ be added to Formatted: Indent: Left: 0 cm, Adjust space between the list of approved categories set out in the City Council’s Local Direction Latin and Asian text, Adjust space between Asian text Signs guidelines as a special case; that the estimated £4,000 for designing and numbers and implementing the signing be met from the Civic Enterprise Fund for Formatted: Indent: Left: 0 cm, Tab stops: 3 cm, Left 2007/08 and delegated authority for the approval of the signing details, as set + 4 cm, Left out in the report, to the Director of Transportation. Formatted: Indent: Left: 1.27 cm, Space After: 0 pt
Council Agenda 182 JulyMay 2007 20 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 29. Review of the decisions taken on the removal of the Ebury Margin Formatted: Left, Indent: Left: 0 cm, Hanging: 1.27 Bridge Width Restriction and requests for various traffic cm measures and changes to the parking controls in Warwick Way and St George’s Drive – 4 June 2007 Formatted: Indent: Left: 0 cm, First line: 0 cm, Space Councillor Danny Chalkley agreed: After: 0 pt Formatted: Indent: Left: 0 cm, First line: 1.27 cm, 1. That the decisions taken by the former Cabinet Member for Economic Space After: 0 pt Development and Transport and the Director of Transportation under Formatted: Left, No bullets or numbering, Tab stops: delegated authority to remove the Ebury Bridge Width Restriction and Not at 1.27 cm + 2.54 cm + 3.81 cm + 5.08 cm + replace it with a 7.5 tonnes lorry ban, but without any requirement for 6.35 cm + 7.62 cm + 8.89 cm + 10.16 cm + 11.43 mitigating traffic management measures on Warwick Way be endorsed. cm + 12.7 cm + 15.24 cm Formatted: Bullets and Numbering 2. That the removal of the residents’ parking bays needed to meet the Formatted: Bullets and Numbering request from the petitioners of the Abbot’s Manor Estate to provide a pedestrian crossing facility on Warwick Way near its junctions with Alderney Street and Winchester Street / Cumberland Street be agreed.
3. To endorse the decision taken by the Director of Transportation under Formatted: Bullets and Numbering delegated authority that a zebra crossing be installed in Warwick Way by Alderney Street and Winchester Street / Cumberland Street at an estimated cost of up to £70,000 and to a formal opening ceremony, which has been requested by residents of the Abbot’s Manor Estate.
4. That the deletion of three of the five experimental parking bays in Formatted: Bullets and Numbering Warwick Way, outside 61 – 65 , 110 – 114 and 109 – 111 Warwick Way and that the bay outside 142 – 144 Warwick Way should remain (the fifth bay having been removed as a result of the recommendation above) be agreed.
5. That the decision taken by the Director of Transportation under delegated Formatted: Bullets and Numbering authority that the existing coach ban signs, shown in Figure 1 be replaced at the entrances to the ban cell with the sign shown in Figure 2 and that the proposed sign shows the exemptions for disabled badge holders, Zone A residents’ permit holders, and access, but that other lesser exceptions be worded appropriately in the Traffic Order to permit access for off-street garaging and emergency services be endorsed.
6. That the Transportation Department notify Councillor Nicola Aiken and the lead petitioner, Mr Andrew McCarthy, of the Council’s response to the petition and the Director of Transportation advises local residents of the decisions taken. Formatted: Font: 14 pt
Council Agenda 182 JulyMay 2007 21 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 30. Petition- proposed pedestrian crossing across New Cavendish Margin Street, at the junction with Cleveland Street – 19 June 2007 Formatted: Indent: Left: 0 cm Councillor Danny Chalkley agreed: Formatted: Indent: Left: 0 cm, First line: 1.27 cm Formatted: Indent: Left: 0 cm 1. That Councillor Dimoldenberg and the lead petitioner be informed that (i) the Director of Transportation approved the design for a pedestrian Formatted: Indent: Left: 1.27 cm, Hanging: 1.27 cm, Allow hanging punctuation, Adjust space between crossing across New Cavendish Street, at the junction with Cleveland Latin and Asian text, Adjust space between Asian text Street, on 7 April 2006 by exchange of letters with the London Borough and numbers, Font Alignment: Auto of Camden, and (ii) the implementation of the scheme is dependent on Formatted: Font: Not Bold the receipt of funding from Transport for London, which will not be released until All Souls Primary School has an Approved School Travel Plan in place. Formatted: Indent: Left: 0 cm, First line: 0 cm 2. That the School Travel Plan Co-ordinator be instructed to encourage Formatted: Indent: Left: 1.27 cm, Hanging: 1.23 cm, and support All Souls Primary School to complete the Approved School Allow hanging punctuation, Adjust space between Travel Plan as soon as possible. Latin and Asian text, Adjust space between Asian text and numbers, Font Alignment: Auto, Tab stops: 2.5 31. Cashless Parking Implementation – 21 June 2007 cm, Left Formatted: Font: Not Bold Councillor Danny Chalkley approved the recommendations to implement Formatted: Indent: First line: 0 cm, Space Before: 0 cashless payment methods as set out in this report, subject to consideration of pt, Tab stops: 1.25 cm, Left any objections received on response to the publication of draft traffic orders Formatted: Indent: Left: 0 cm and delegated authority to the Director of Parking to make the necessary Formatted: Indent: Hanging: 1.25 cm, Allow hanging traffic orders and draft appropriate statements of reason and such changes as punctuation, Adjust space between Latin and Asian are necessary to the Council’s contracts to give effect to the proposal. text, Adjust space between Asian text and numbers, Font Alignment: Auto, Tab stops: 1.25 cm, Left 32. Petition: Request for pelican crossing at the junction of Prince Formatted: Indent: Hanging: 1.27 cm Albert Road with Avenue Road – 2 July 2007 Formatted: Indent: Left: 0 cm 1. Councillor Danny Chalkley agreed that Councillor Gwyneth Hampson Formatted: Font: Not Bold and the lead petitioner be informed that the Cabinet Member for Economic Development and Transport has considered the matter and Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + agreed the following recommendations: Start at: 1 + Alignment: Left + Aligned at: 0.63 cm + Tab after: 1.27 cm + Indent at: 1.27 cm, Tab stops: (i) That ‘Look Right’ and ‘Look Left’ legends are painted (i) on the 2.25 cm, List tab + Not at 1.27 cm
carriageway surface on the western side of the junction to promote Formatted: Bullets and Numbering a clear road safety message to pedestrians crossing at this point when there are red traffic light phases, which allow pedestrians a Formatted: Font: Not Bold safe crossing. That the existing ‘Look Right’ and ‘Look Left’ Formatted: Bullets and Numbering markings on the eastern side of the junction are renewed and Formatted: Font: Not Bold consideration is given to the application of pedestrian crossing road Formatted: Font: Not Bold stud markings; and
(ii) That the Director of Transportation requests that Transport for Formatted: Font: Not Bold London (TfL) considers upgrading the existing signalised junction to include ‘green man’ pedestrian phases on the basis (a) that the junction is a major gateway to the major attraction of Regent’s Park for pedestrians and tourists; (b) that it is a recognised route for
Council Agenda 182 JulyMay 2007 22 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: school children to reach the nearby St Christina’s Primary School Margin on St Edmund’s Street; and (c) that upgrading is needed to enable passengers that board or alight from the well used 274 bus route to cross Prince Albert Road in safety, especially when it is dark. Formatted: Font: Not Bold Formatted: Font: 12 pt 33. Street Name Plates – 3 July 2007* Formatted: Font: 14 pt, Bold
Councillor Danny Chalkley concurred with the decision of the Cabinet Member Formatted: Font: 14 pt, Bold for Community Protection and Licensing that the Director of Legal and Formatted: Font: 12 pt Administrative Services be authorised to enter into an agreement with the estate of Sir Oliver Misha Black to assign the copyright in the designs of six street name plates to the City Council for the increased sum of £10,000.
34. Award of On Street Parking Equipment Maintenance Contract Formatted: Font: 14 pt, Bold – 4 July* Formatted: Font: 14 pt Formatted: Indent: Left: 0 cm Councillor Danny Chalkley approved the award of a contract for on street parking equipment maintenance to APT Controls Ltd in the total anticipated Formatted: Left, Indent: Left: 1.27 cm, Right: 0 cm, Tab stops: Not at 1.5 cm contract sum of £3,597,353 for a period of 5 years commencing 1 st July 2007. Formatted: Indent: Left: 0 cm 35. Old Palace Yard Security Improvements (Corus Phase 3) – Formatted: Left, Indent: Left: 0 cm, Hanging: 1.27 5 July 2007* cm
Councillor Danny Chalkley concurred with the decision of the Cabinet Member Formatted: Indent: Left: 0.32 cm, Hanging: 0.95 cm for Planning set out at paragraph 21. Formatted: Indent: Left: 0 cm CABINET MEMBER FOR CUSTOMER AND COMMUNITY SERVICES (Councillor Daniel Astaire)
36. Award of Contract for the Provision of Catering (Restaurants Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm and Hospitality) Services to City Hall, Lisson Grove and Council House – 30 May 2007* Formatted: Indent: Left: 1.27 cm Councillor Daniel Astaire approved the termination of the existing 6-month Formatted: Indent: Left: 1.25 cm, Hanging: 0.02 cm, extension at the earliest allowable date within the extension and the award of Tab stops: Not at 0.95 cm a contract for the Restaurant and Hospitality Services at City Hall, Council House and Lisson Grove, to Eurest and authorised the Director of Customer Services to agree any budget and minor amendments to the contract detail, as and if required or necessary, to ensure the speedy execution of the contract. Formatted: Indent: Left: 0 cm
Council Agenda 182 JulyMay 2007 23 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: CABINET MEMBER FOR CHILDREN’S SERVICES Margin (Councillor Sarah Richardson) Formatted: Indent: Left: 1 cm, First line: 0.25 cm Formatted: Indent: Left: 0.5 cm, Hanging: 0.75 cm 37. Performance Report for the First Six Months of the School Formatted: Indent: Left: 0.5 cm, Hanging: 0.5 cm Meals Contract – 16 May 2007 Formatted: Indent: Hanging: 1.25 cm Formatted: Indent: Left: 0 cm, First line: 0 cm Councillor Sarah Richardson noted the report.
38. Capital Approvals – Westminster Children’s Sports Centre – Formatted: Indent: Left: 0 cm, Hyphenate, Tab stops: 21 May 2007 Not at -1.27 cm + 1.25 cm
Councillor Sarah Richardson approved additional gross expenditure of Formatted: Indent: Left: 0 cm, First line: 1.27 cm, Tab £2,525,000, for the redevelopment of the Westminster Children’s Sports stops: Not at 1.25 cm Centre at Crompton Street W2, under Financial Regulation B8. Formatted: Indent: Left: 0 cm, Tab stops: Not at 1.25 39. Capital Approvals 2006-07 – Additional Scheme Expenditure – cm 30 May 2007 Formatted: Indent: Left: 0 cm, Space Before: 0 pt, Tab stops: 1.25 cm, Left Councillor Sarah Richardson approved additional expenditure on the scheme Formatted: Indent: Left: 0 cm at Millbank Primary School, amounting to £50,000, under Financial Regulation Formatted: Indent: Hanging: 1.25 cm, Tab stops: B8. 1.25 cm, Left + Not at 0.25 cm
Formatted: Indent: Left: 0 cm 40. Capital Approvals 2006- 07 – Additional Scheme Expenditure – Formatted: Indent: Hanging: 1.25 cm, Space Before: 30 May 2007 0 pt, Tab stops: 1.25 cm, Left
Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab Councillor Sarah Richardson approved additional expenditure on the scheme stops: Not at 0.63 cm at Millbank Primary School, as set out in the report and amounting to £50,000, under Financial Regulation B8. Formatted: Indent: Hanging: 1.25 cm, Tab stops: 1.25 cm, Left
41. Capital Approvals 2006- 07 – Additional Scheme Expenditure – Formatted: Indent: Left: 0 cm Youth Service Motor Project – 20 June 2007 Formatted: Indent: Hanging: 1.25 cm, Space Before: 0 pt, Tab stops: 1.25 cm, Left Councillor Sarah Richardson approved additional expenditure on the scheme Formatted: Indent: Left: 0 cm for the Youth Service Motor Project under Financial Regulation B8. Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 1.25 cm 42. Reorganisation of the Children’s Services Department – 21 Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm June 2007 Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab Councillor Sarah Richardson agreed: stops: Not at 1.25 cm
1. That the management structures for the Children’s Services Department as set out in the report be established, with effect from a date to be agreed by the Deputy Chief Executive & Director of Children’s Services, replacing the management structures of the existing Schools, Lifelong Learning and Children and Families Social Services Directorates.
Council Agenda 182 JulyMay 2007 24 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 2. That posts be re-designated, deleted, and created in line with the new Margin structure as set out in the report.
3. That management of the Westminster Adult Education Service (WAES) be transferred from the Director of Lifelong Learning to the Director of Adult Social Services, at a date to be negotiated with the WAES’ Governing Body.
43. Charges for School Meals – 26 June 2007 Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab Councillor Sarah Richardson agreed that the charge for school meals levied in stops: Not at 1.25 cm nursery, primary and special schools, in respect of primary aged pupils, be Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm raised from £1.55 to £1.60; that at special schools, in respect of secondary aged pupils, it be raised from £1.60 to £1.65; and that adult meals be raised from £2.05 to £2.10.
CABINET MEMBER FOR HEALTH AND ADULT SOCIAL Formatted: Indent: Left: 0 cm SERVICES (Councillor Ian Adams)
44. Waiver request and award of contracts for four Mental Health Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Residential Care Services without the requirement to tender – 31 May 2007* Formatted: Indent: Left: 0 cm Councillor Ian Adams:
1. Agreed that a waiver under the Contracts Code be granted and that the Formatted: Indent: Left: 1.27 cm, Hanging: 1.23 cm, four contracts recommended in the report be awarded for three years Tab stops: 2.5 cm, Left with annual break clauses from 1 st June 2007 with the option to extend for a further two years without the requirement to tender. Formatted: Indent: Left: 1.27 cm, First line: 0 cm 2. Noted that the current service levels will continue in the proposed new Formatted: Font: Not Bold contracts and that the method of delivery has changed in line with best practice principles of maximising independence and Formatted: Indent: Left: 1.25 cm, Hanging: 1.25 cm, Tab stops: 2.5 cm, Left
3. Authorised the Director of Adult Social Services to negotiate any Formatted: Font: Not Bold variations to the contract price that become necessary as a result of Formatted: Indent: Left: 0 cm, First line: 1.25 cm changes to the service levels that are required but not exceeding a total Formatted: Indent: Left: 1.25 cm, Hanging: 1.25 cm, of more than 10% of the contract sum subject to the necessary budget Tab stops: 2.5 cm, Left approvals. Formatted: Indent: Left: 0 cm
Council Agenda 182 JulyMay 2007 25 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: CABINET MEMBER FOR HOUSING Margin (Councillor Angela Harvey) Formatted: Indent: Left: 0 cm, First line: 0 cm
45. Scheme and Estimate and Tender Acceptance Report for the Formatted: Indent: Hanging: 1.25 cm, Tab stops: Internal Decoration and Fire Precaution Works at Hide Tower – 1.25 cm, Left + 7.62 cm, Centered + 15.24 cm, Right 2 May 2007 Formatted: Indent: Left: 0 cm, Tab stops: Not at 1.25 Councillor Angela Harvey approved the tender in the sum of £359,940 from cm Hastains Special Maintenance Works and Building Development Ltd and the Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, total funding requirement in the sum of £401,406, inclusive of works asbestos Tab stops: Not at 1.25 cm costs and professional fees. Formatted: Font: 12 pt 46. Scheme and Estimate and Agreed Maximum Price for Formatted: Indent: Left: 0 cm Electrical Upgrade and Maintenance works to the Lillington Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, and Longmore Gardens Estates. (Various Blocks) – 23 May Tab stops: Not at 1.25 cm 2007
Councillor Angela Harvey approved for the purposes of Financial Regulation B8, expenditure totalling £1,417,026, inclusive of contingencies, staff costs and professional fees, for electrical works to 529 properties in the Lillington and Longmoore Gardens Estates and agreed the Agreed Maximum Price figure from Wates Construction.
47. Proposal to waive the charge for senior citizens on the Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Lydford Estate Community Hall – 15 June 2007 Formatted: Indent: Left: 0 cm, Right: 0 cm Councillor Angela Harvey agreed that the charge of £5 per hour be not Formatted: Indent: Left: 1.27 cm, Tab stops: Not at waived, as it is a very reduced and affordable charge, and waiving the charge 1.25 cm would be unreasonable to the many other small community groups who contribute towards the running costs of community halls. Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab 48. Westminster Housing Strategy – 19 June 2007 stops: Not at 1.1 cm + 1.25 cm Formatted: Indent: Left: 0 cm Councillor Angela Harvey approved the Westminster Housing Strategy 2007 – 2012.
49. The Mental Health Strategy: Housing related support services Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 2007-10 update – 28 June 2007 Formatted: Font: 12 pt Councillor Angela Harvey approved the 2007-10 update of the Mental Health Formatted: Indent: Left: 0 cm Strategy: Housing Related Support Services. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm
Council Agenda 182 JulyMay 2007 26 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin CABINET MEMBER FOR COMMUNITY PROTECTION AND Formatted: Indent: Left: 0 cm, First line: 0 cm LICENSING (Councillor Audrey Lewis) Formatted: Indent: Left: 0 cm 50. The creation of two new Pest Control Officer posts for 1 year – Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm 16 May 2007 Formatted: Indent: Left: 1.27 cm 1. Councillor Audrey Lewis approved the proposal to create two additional Formatted: Indent: Left: 1.27 cm, Hanging: 0.98 cm, pest control operative posts and instructed the Environmental Health Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Manager, Residential to explore further opportunities to develop the Start at: 1 + Alignment: Left + Aligned at: 0.63 cm + service, namely: Tab after: 1.27 cm + Indent at: 1.27 cm, Tab stops: 2.25 cm, List tab + Not at 1.27 cm (i) Introduce Service Level Agreements with other Council Formatted: Bullets and Numbering departments, such as the schools and library services.
(ii) Respond to requests from private residents’ associations who have previously stated that they would be willing to pay for a service to eradicate rodent pests.
(iii) Respond to requests and proactively make the service Formatted: Font: 12 pt known to commercial and residential companies to carry out Formatted: Indent: Left: 0 cm, Space Before: 0 pt treatments in their premises. Formatted: Indent: Left: 0 cm, Space Before: 0 pt, Tab stops: 1.25 cm, Left 51. Enforcement of sections 107A and 198A of the Copyright, Designs and Patents Act 1988 – 25 May 2007 Formatted: Indent: Left: 0 cm Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm, Councillor Audrey Lewis agreed that the Deputy Director of Community Tab stops: Not at 0.25 cm Protection, in the absence of a permanent Director of Community Protection, Formatted: Font: Not Bold be delegated the authority to enforce Sections 107A and 198A of the Formatted: Tab stops: Not at 0.25 cm Copyright, Designs and Patents Act 1988 which comes into force on 6 th April Formatted: Indent: Left: 0 cm, Allow hanging 2007. punctuation, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, 52. Street Name Plates – 3 July 2007* Font Alignment: Auto Formatted: Font: 14 pt, Bold Councillor Audrey Lewis concurred with the decision of the Cabinet Formatted: Font: 12 pt Member for Economic Development and Transport set out at Paragraph 32. Formatted: Tab stops: Not at 0.25 cm CABINET MEMBER FOR STREET ENVIRONMENT Formatted: Font: Not Bold (Councillor Alan Bradley) Formatted: Font: Not Bold Formatted: Font: Not Bold 53. Proposed Public Lighting Capital Programmes for 2007- 08 – Formatted: Indent: Left: 0 cm 16 May 2007 Formatted: Indent: Left: 0 cm, First line: 0 cm, Right: 0 cm, Tab stops: Not at 0 cm + 0.63 cm + 2.25 cm + Councillor Alan Bradley approved the proposals for Public Lighting 3.81 cm + 5.08 cm + 6.35 cm + 7.62 cm + 8.89 cm Improvements and related programmes as detailed in the report, together with + 10.16 cm + 11.43 cm + 12.7 cm + 15.24 cm the related capital expenditure. Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm
Formatted: Widow/Orphan control
Council Agenda 182 JulyMay 2007 27 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin Delegated authority to the Director of Transportation to make changes to Formatted: Indent: Left: 0 cm, Hanging: 2.25 cm, the No bullets or numbering, Widow/Orphan control, Tab approved Public Lighting works programme, with the proviso that the stops: 1.25 cm, Left + 2.25 cm, Left overall budget is not exceeded and that the Cabinet Member is consulted. Formatted: Indent: Left: 0 cm 54. Proposed Highways Works Programmes for 2007- 08 – 7 June Formatted: Indent: Left: 0 cm, Tab stops: 1.25 cm, 2007 Left + 7.62 cm, Centered + 15.24 cm, Right Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Councillor Alan Bradley approved the proposals for maintenance of footways, carriageways and damaged paving for 2007/08 and related programmes together with the necessary capital expenditure as detailed in the report.
Colin Wilson Formatted: Font: 12 pt Director of Legal and Administrative Services Formatted: Left, Indent: Left: 6.35 cm, Space Before: 0 pt, After: 0 pt ______Formatted: Left
Local Government (Access to Information) Act 1972 – Background Papers Formatted: Font: Not Bold The reports as submitted to the individual Cabinet Members as referred to Formatted: Left, Indent: Left: 0 cm, First line: 1.27 cm above. The reports marked * are exempt from disclosure for the reasons set out in the reports. Formatted: Left, Indent: Hanging: 1.27 cm Formatted: Font: (Default) Arial, 12 pt
Council Agenda 182 JulyMay 2007 28 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE STANDARDS COMMITTEE HELD ON 10 MAY 2007 Margin
The following Members of the Committee were present: Formatted: Font: Bold
Councillors Angela Hooper (Chairman), Robert Davis and Antony Mothersdale and Mr Colin Redman (Independent Member)
1. Applications for Dispensation from the Code of Conduct
(a) We have granted applications for dispensation from the City Council’s Code of Conduct from two Members, namely Councillors Burbridge and Sandys at a forthcoming meeting of the Planning Applications Sub-Committee, to enable them to consider a planning application submitted by Councillor Glenys Roberts.
ANGELA HOOPER, Chairman
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Local Government (Access to Information) Act 1972 – Background Papers Reports to and Minutes of the Standards Committee on 10 May 2007
Council Agenda 182 JulyMay 2007 29 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE BUILT ENVIRONMENT OVERVIEW AND Margin SCRUTINY COMMITTEE ON 15 MAY 2007
The following Members of the Committee were present: -
Councillors Brian Connell (Chairman), Ruth Bush, Tony Devenish and Louise Hyams
1. Cashless Parking Strategy Formatted: Bullets and Numbering
(a) We considered a report, which described the current opportunities for Formatted: Bullets and Numbering improving the facility for casual paid-for parking within Westminster, and outlined proposals to be developed into an overall strategy. The report set out the financial case and the identified and proven customer benefits for introducing a cashless parking strategy city-wide and for removing all parking meters within the next 18 months.
(b) With regard to the business case, we noted that the majority of parking Formatted: Bullets and Numbering equipment currently installed on street was ageing, in poor condition and increasingly expensive to maintain. Additionally such equipment did not provide the management information required in order to properly gauge motorists’ parking behaviour and was subject to increasing levels of cash theft. Since 2004, the theft of cash from equipment had increased to a significant level primarily in relation to Parking Meters where the estimated weekly loss due to theft in the latter part of 2006 was over £100K per week. Although the Council had temporarily abated the theft of cash by introducing new locks for parking meters there was already evidence of thieves attempting to reverse- manufacture new keys for the locks. The introduction of cashless parking would also reduce the rising costs of collecting cash from meters.
(c) With regard to the customer benefits we noted that the Parking Services Team Formatted: Bullets and Numbering had undertaken a Pay by Phone (PBP) pilot that had proven successful both in terms of take up and customer satisfaction.
(d) We were informed that the introduction of cashless parking would also have Formatted: Bullets and Numbering ‘green’ benefits as there would be less emissions from collection and maintenance vehicles whilst the removal of meters and some pay and display machines would allow for the recycling of under-utilised parking bays for providing additional motorcycle and Blue Badge disabled parking, which were One City commitments announced in the Leader’s speech. PBP could also provide an alternative to physical permits and dispensations providing for the needs of groups like carers and visitors.
(e) In coming to a view on the proposals we considered and asked questions on a Formatted: Indent: Hanging: 1.27 cm variety of issues including: i) the call costs of paying by phone, ii) the ability for Formatted: Bullets and Numbering those who were deaf or hard of hearing to use PBP parking, iii) the intended ratio of PBP to card only pay and display machines, iv) the security of card only parking machines, v) the speed at which implementation could occur and vi) staffing Implications.
Council Agenda 182 JulyMay 2007 30 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: (f) Based on the evidence presented, we believed that there were compelling Margin customer benefits as well as a strong financial case for the Council to introduce a cashless parking strategy city-wide and we strongly supported the proposals to be developed into a strategy. We further believed that the move to cashless parking would not only address the issue of theft but would have the additional benefit of mitigating against gang crime.
(g) We were of the view that good communication would be key to reducing any Formatted: Bullets and Numbering possible fears and also ensuring a smooth implementation of cashless parking should it be adopted. We suggested that, as part of the Council’s communications strategy, focus groups should be undertaken with people living outside of as well as in London.
2. Closure of Royal Parks’ Roads Formatted: Bullets and Numbering
(a) We received a report, which set out proposals by The Royal Parks Agency to Formatted: Bullets and Numbering extend some Sunday road closures (The Mall, Constitution Hill and Marlborough Road) to vehicular traffic during daylight hours to include bank holidays on safety grounds. The Royal Parks Agency intended to extend the closures on a trial basis during the Bank Holiday Mondays during May 2007 (7 May and 28 May).
(b) We had no objections to the Royal Park Agency’s proposals and requested Formatted: Bullets and Numbering that our views be included in a subsequent Cabinet Member report seeking the approval of a formal Council position on any future trials or any future proposals by the Royal Parks Agency to make Bank Holiday closures a permanent arrangement.
BRIAN CONNELL, Chairman Formatted: Font: Not Bold, Font color: Auto Formatted: Right ______
Local Government (Access to Information) Act 1972 – Background Papers Formatted: Font: 12 pt, Not Bold, Underline The agenda and reports to the Built Environment Overview and Scrutiny Formatted: Indent: First line: 1.27 cm Committee on 15 May 2007 Formatted: Indent: Left: 1.27 cm
Council Agenda 182 JulyMay 2007 31 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT FROM COMMITTEE MEETINGS ON 16 MAY 2007 Margin Formatted: Font: Bold (a) The Audit and Performance, General Purposes, Planning and City Development and the Superannuation Investments Committees and the following Overview and Scrutiny Committees, Built Environment, Children and Young People, Health and Community Services and Resources and Corporate Services met following the Annual Meeting of the Council on 16 May.
(b) The Committees confirmed the proportional division of seats on their Sub- Committees and where necessary, appointed their Chairmen and Vice- Chairmen.
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Local Government (Access to Information) Act 1972 - Background Documents Formatted: Font: (Default) Arial, Not Bold, Underline Reports to and minutes of meetings of Committees held on 16 May 2007 Formatted: Space Before: 0 pt, After: 0 pt
Council Agenda 182 JulyMay 2007 32 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE LICENSING COMMITTEE HELD ON 22 MAY 2007 Margin
The following Members of the Committee were present: Formatted: Font: 12 pt Formatted: Font: 12 pt Councillors Audrey Lewis (Chairman), Frances Blois, Michael Brahams, Margaret Doyle, Nick Evans, Jean-Paul Floru, Barbara Grahame, Lindsey Hall, Gwyneth Hampson, Angela Hooper, Tim Mitchell, Mark Page and Mushtaq Qureshi.
1. Delegation of Authority to Licensing Sub-Committees and Officers under the Gambling Act 2005
(a) We granted delegated authority to the Licensing Sub-Committees and the Director of Legal and Administrative Services to determine applications received under the Gambling Act 2005.
2. Delegation of Authority to Director of Community Protection under Licensing Act 2003
(a) We granted delegated authority to the Director of Community Protection to enforce the new provisions of the Licensing Act 2003, these being sections 147A, 147B and 169A which relate to selling alcohol to children.
3. Review of the Statement of Licensing Policy
(a) We received an update report of the review of the Council’s Statement of Formatted: Bullets and Numbering Licensing Policy, which is required to be re-published before 7 th January 2008.
(b) The Government published its draft Revised Guidance in January 2007 for Formatted: Bullets and Numbering consultation. It will be necessary to have regard to the Government’s final Revised Guidance before the revised Statement of Licensing policy can be published.
(c) The main areas of the Council’s review are the Stress Area boundaries and Formatted: Bullets and Numbering the revision of policies in relation to specific types of premises such as hotels, casinos and private canteens and facilities. Consideration will also be given to the impact of the smoking ban.
(d) Consultation on the revisions will take place over the summer and it is Formatted: Bullets and Numbering expected to be referred to Council for decision in November 2007.
Council Agenda 182 JulyMay 2007 33 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 4. Update on Gambling Act 2005 Margin
(a) We received an update on the implementation of the Gambling Act 2005 Formatted: Bullets and Numbering which comes into effect on 1 st September 2007. The transition period for receiving applications started on 21 st May 2007.
5. Briefing on Markets
(a) We received a briefing on the current situation, issues and proposed developments taking place in relation to Westminster’s markets.
6. Update on End to End Licensing Review
(a) We received a presentation on the End to End Licensing Review. Formatted: Bullets and Numbering
(b) The review was currently on target. It was noted that consultation with staff Formatted: Bullets and Numbering over the proposed changes would be commencing on 30th May and a Cabinet Member decision would be taken in June/July with the aim of implementing a new structure at the end of August.
AUDREY LEWIS, Chairman
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Local Government (Access to Information) Act 1972 – Background Papers The agenda, reports and minutes of the meeting of the Licensing Committee on 23 May 2007
Council Agenda 182 JulyMay 2007 34 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE SUPERANNUATION INVESTMENTS COMMITTEE Margin ON 30 MAY 2007
The following Members of the Committee were present:
Councillors Mark Page (Chairman), Edward Argar, Rupert D’Cruz, Cyril Nemeth, Suhail Rahuja and Ian Rowley
1. Report on the Performance and Management of the Council’s Pension Fund
(a) We noted a report on the performance of the fund to 31 March 2007, in particular that the statutory constraints had been met. We agreed that no action is required, at present, to rebalance the portfolio and deferred consideration of alternative investments for a period of 12 months.
(b) We also noted reports from the Investment Fund Managers.
MARK PAGE, Chairman
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Local Government (Access to Information) Act 1972 – Background Papers Report and Minutes of the Superannuation Investment Committee – 30 May Formatted: Indent: Left: 1.27 cm 2007
Council Agenda 182 JulyMay 2007 35 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE BUILT ENVIRONMENT OVERVIEW AND Margin SCRUTINY COMMITTEE ON 5 JUNE 2007
The following Members of the Committee were present: -
Councillors Brian Connell (Chairman), Ruth Bush, Tony Devenish, Lindsey Hall and Nick Yarker
1. Thames Water – Water Supply to Queen’s Park Court, W10
(a) We received a report which provided an update on actions that had been Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm undertaken to resolve water supply problems to Queen’s Park Court, W10, an issue which had been reported to Committee at its last meeting on 3 April. Formatted: Font: Not Bold
(b) We welcomed to the meeting (i) local Ward Councillors Paul Dimoldenberg Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm and Barrie Taylor, who had been actively trying to resolve the situation; (ii) two residents of Queen’s Park Court, who were present to provide the Committee with a first hand account of the problems; and (iii) representatives of CityWest Homes and Thames Water, who were present to answer questions put to them by the Committee.
(c) We were pleased to note that in accordance with the agreement reached at Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm the last meeting Thames Water had supplied water at a pressure at no less than 1.5 bar (15 metres of head) to the point where City West Homes became responsible for the water pressure. This, we had been advised, would be adequate to meet the water needs of all the flats on the estate.
(d) We received evidence from the residents that with the exception of one or two Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm occasions there had been a consistent supply of water to their flats since the last Committee meeting. However one resident advised that the water pressure in her flat was still inadequate at periods of peak demand where it could take up to 40 minutes to fill a bath.
(e) Representatives of CityWest Homes advised that problems regarding water Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm volume delivery had not been highlighted as a concern at the previous meeting. As Thames Water was now supplying pressure at no less than 1.5 bar (15 metres of head) there was no reason why residents should not have a satisfactory volume of water delivered to their homes.
(f) We have requested that Thames Water and City West Homes undertake a Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm further 6 week programme to resolve the outstanding water supply problems identified at Queen’s Park Court. This is to include the completion of work by CityWest Homes’ contractors to undertake a survey of residents’ flats and underground pipe work to establish whether further boosters are required or whether it is possible to extend the current ones. If booster pumps are deemed to be necessary CityWest Homes is to obtain a design and produce a costed proposal. We have requested that Committee Members, Queen’s Park ward members and residents of Queen’s Park Court, W10 be issued with a
Council Agenda 182 JulyMay 2007 36 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: regular newsletter during the 6 week programme on progress with regard to Margin resolving the outstanding problems.
2. Oxford Street Closure - Event on 2 December 2006 – Results Formatted: Bullets and Numbering of Residents’ Focus Group
(a) We received a briefing note and verbal presentation from the Director of Formatted: Indent: Left: 0 cm, Hanging: 1.25 cm, Transportation on the outcome of a residents’ focus group held on 4 June Tab stops: 1.25 cm, Left 2007 to obtain residents’ views of the pre-Christmas Saturday closure of Oxford Street for a retail event, which took place on 2 December 2006.
(b) We noted residents’ views that while the 2006 event had been better managed Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm than the 2005 event there were nonetheless a number of problems. These included impacts on: (i) local access, parking, and changes to public transport for local residents; (ii) residents’ visitors, (iii) businesses operating away from the immediate vicinity of the event; and (iv) a GP attempting to attend to a patient. Other concerns included a perceived lowering of the standard associated with Oxford Street and the poor quality and positioning of some of the entertainment provided.
(c) We noted that the Council’s Communication Team would be heavily involved Formatted: Bullets and Numbering in publicising this year’s event, which was scheduled to take place on Saturday 1 December 2007, and that a campaign would commence early to ensure that the issues that were raised last year regarding a lack of information as to where to access public transport would not be repeated.
(d) We were advised by the Director of Transportation that he had devised a Formatted: Bullets and Numbering questionnaire seeking views from the members of the Association that had attended the focus group on a number of possible mitigation measures for this year’s event. Those responses received would be fed into the planning process for this year’s event.
(e) We discussed the concerns that had been raised and in particular those Formatted: Bullets and Numbering comments regarding the quality and poor positioning of some of the entertainment at the previous year’s event. We were of the opinion that in order to positively showcase the West End and to prevent the congestion experienced at some locations last year better quality and more appropriately positioned entertainment should to be provided at this year’s event. We have forwarded our comments to the Cabinet Member for Planning for consideration with regard to the planning for this year’s event. Formatted: Font: Not Bold, Font color: Auto BRIAN CONNELL, Chairman Formatted: Right ______Formatted: Font: Not Bold, Font color: Auto
Local Government (Access to Information) Act 1972 – Background Papers Formatted: Font: 12 pt, Not Bold, Underline The agenda and reports to the Built Environment Overview and Scrutiny Committee on 5 June 2007
Council Agenda 182 JulyMay 2007 37 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE CHILDREN AND YOUNG PEOPLE OVERVIEW AND Margin SCRUTINY COMMITTEE ON 6 JUNE 2007 Formatted: Font: Bold
The following Members of the Committee were present: Formatted: Font: Arial Bold Formatted: Font: Arial Bold, Bold Councillors Tim Mitchell, Nicola Aiken, Edward Argar, Frances Blois, Nick Evans, Barbara Grahame, Gwyneth Hampson and Papya Qureshi; Co-opted Members: Barbara Mayne, John Moruzzi and Elizabeth Philips
Formatted: Font: Arial Bold 1. Work Programme
(a) We agreed an annual work programme for submission to the Westminster Scrutiny Commission (WSC), which included a standing task group on School Performance.
COUNCILLOR TIM MITCHELL, Chairman Formatted: Font: 12 pt, Not Bold
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Local Government (Access to Information) Act 1972 – Background Papers: The agenda and reports to the meeting of the Children and Young People Overview and Scrutiny Committee on 6 June 2007.
Formatted: Normal
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Council Agenda 182 JulyMay 2007 38 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE CHILDREN AND YOUNG PEOPLE OVERVIEW AND Margin SCRUTINY COMMITTEE ON 6 JUNE 2007 Formatted: Font: Bold Formatted: Indent: Left: 0 cm, Adjust space between The following Members of the Committee were present: Latin and Asian text, Adjust space between Asian text and numbers Councillors Tim Mitchell, Nicola Aiken, Edward Argar, Frances Blois, Nick Evans, Barbara Grahame, Gwyneth Hampson, Papya Qureshi and Steve Summers; Co-opted Members: Mohammed Amieur, Barbara Mayne, John Moruzzi and Elizabeth Philips
1. Pimlico Future Options Stakeholder Consultation
(a) We considered a report outlining the outcomes of the Interim Executive Board Formatted: Bullets and Numbering consultation on the future of Pimlico School and we listened to a series of stakeholder presentations.
(b) We agreed that the Committee should meet again on Wednesday 20 June to Formatted: Font: 12 pt consider the responses to the consultation and the views of stakeholders set Formatted: Bullets and Numbering out at the meeting; and to give consideration to any comments, guidance or recommendations we might wish to make to Cabinet before it meets to consider the Council’s position in relation to the future of the School.
COUNCILLOR TIM MITCHELL, Chairman Formatted: Font: 12 pt, Not Bold
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Local Government (Access to Information) Act 1972 – Background Papers: The agenda and reports to the special meeting of the Children and Young People Overview and Scrutiny Committee on 6 June 2007.
Council Agenda 182 JulyMay 2007 39 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE RESOURCES AND CORPORATE SERVICES Margin OVERVIEW AND SCRUTINY COMMITTEE 12 JUNE 2007
The following Members of the Committee were present:
Councillors Mark Page (Chairman), Michael Brahams, David Boothroyd, Paul Dimoldenberg, Margaret Doyle, Philippa Roe, Ian Rowley, Lee Rowley and Duncan Sandys
1. Council Tax Bailiffs Services Update Report
(a) We have considered a report which detailed what action had been taken in response to a report submitted to our previous meeting by the Westminster Citizen’s Advice Bureau (CAB).
(b) At that meeting the CAB had submitted their own report claiming that they had received 150 complaints/queries since January 2006 whereas the Council had recorded a lower figure. In order to avoid such discrepancies in the future the CAB have been asked to liaise with the Council so that cases can be logged via a single contact within the Contracts Performance Team. In addition, monthly liaison meetings will be held involving CAB representatives, Council Officers and the bailiff companies.
(c) We noted that none of the queries received from the CAB since the March meeting which have so far been investigated would have constituted an “upheld” complaint.
(d) We have agreed that once a full year’s data has been collected through the new complaint/enquiry procedure then we will consider at that stage whether or not to look at this issue again.
(e) We were conscious of the fact that the report before us only dealt with the Bailiffs in respect of Council Tax debt. A number of our Members felt that there was an issue with regard to the Bailiff service and the collection of parking fines. For this reason we have added an appropriate item to our work programme.
2. Corporate Office Strategy
(a) We have commented on a report putting forward a strategy which would promote mixed-use part Council occupied schemes on both the Council House and Lisson Grove sites working in partnership with private developers.
(b) The report explained how broad options mainly based on the future use of Council House had been initially put to Members. These were as follows:
Council Agenda 182 JulyMay 2007 40 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin • Vacate and sell, generating a capital receipt. Formatted: Bullets and Numbering • Refurbish and maximise potential for Council Services (increasing Formatted: Bullets and Numbering capacity in Council House could enable a smaller building to be rented/purchased in the south of the City to replace City Hall)
• Put into good repair, without significant alterations. Formatted: Bullets and Numbering
(c) We commented on the various options and noted that following the views expressed by the Audit and Performance Committee on 12 February 2007 that a further option had emerged as possibly the best option. This involved public-private mixed use developments at both Council House and Lisson Grove.
(d) This issue is due to be considered by the Cabinet in the near future and we have asked to be kept informed of progress.
3. Local Area Agreement – Year End Report
(a) We have discussed a report setting out the year-end performance for 2006/07 for the Council’s Local Area Agreement with Government.
(b) The LAA sets out priorities for Westminster, jointly agreed by the City Council, the Westminster City Partnership and Central Government. The LAA enables the Council and its partners to pool funding streams and seek new freedoms and flexibilities that will enable them to deliver services in more innovative and efficient ways. The Council and its partners performance in delivering the agreement is measured against a set of outcome indicators.
(c) We have asked officers to provide an explanation on how the targets have been arrived at and in some cases for a more detailed commentary and some comparative data. We are particularly keen to ensure that resources are not wasted in attempting to achieve unrealistic targets and have asked for some cost benefit analysis to be undertaken in connection with those targets that are currently off track.
4. Outturn Figures 2006-2007 and Best Value Performance Plan
(a) We have reviewed the outturn figures for Best Value Performance Indicators for 2006-2007 and the targets for 2007 to 2010.
(b) The publication of an annual Best Value Performance Plan (BVPP) is a statutory requirement for all local authorities. The plan contains details of the Council’s achievements in 2006/07 and priorities under the One City Programme for 2007/08. The plan also contains outturn figures for all Best Value Performance Indicators and targets for the next 3 years.
Council Agenda 182 JulyMay 2007 41 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: (c) We recommended that the Plan be redrafted at certain points in plain English. Margin Separately, we have requested that specific information be provided concerning the achievement already realised by the WorkSmart Programme and also on how the Council itself is helping small, medium and ethnic minority businesses. In particular, we have asked for details of the number of contracts which have been awarded to such businesses.
5. Performance Monitoring Report Period 12 (2006-07) and Period 1 (2007-08)
(a) We have considered two reports summarising the key aspects of the financial and service performance during period 12 (2006/07) and period 1 (2007/08).
(b) The reports also updated us on emerging issues critical to overall organisational performance. We held a wide ranging discussion and have in some cases asked officers to provide additional information.
6. Work Programme
(a) We have approved an amended work programme which will involve us considering the following matters in the coming months: ICT, Population Estimates; Review of Property Strategy; Treasury Management; Small, Medium and Ethnic Minority Businesses, and Bailiffs Service (Parking)
MARK PAGE, Chairman
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Local Government (Access to Information) Act 1972 – Background Papers The minutes and agenda for Resources and Corporate Services Overview and Scrutiny Committee held on 12 June 2007
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Council Agenda 182 JulyMay 2007 42 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE HEALTH AND COMMUNITY SERVICES OVERVIEW Margin AND SCRUTINY COMMITTEE HELD ON 20 JUNE 2007 Formatted: Font: 14 pt
The following Members of the Committee were present: Formatted: Font: 12 pt, Bold Formatted: Font: 12 pt, Bold Councillors Judith Warner (Chairman), Christabel Flight, Barrie Taylor, Jean Paul Floru, Cyril Nemeth, Alexander Nicoll, Jan Prendergast, Lee Rowley, and Formatted: Font: 12 pt, Bold Sharan Tabari. Formatted: Font: 12 pt, Bold Formatted: Font: 12 pt, Bold
1. Towards an Arts and Culture Strategy Formatted: Font: 14 pt Formatted: Font: 14 pt (a) We considered a paper produced by the Director of Libraries as a contribution Formatted: Font: 14 pt to discussion and development of Westminster’s Arts and Culture Strategy. A symposium had been held in February this year to establish the Westminster Formatted: Font: 14 pt context against a background of the national debate regarding the future of the Formatted: Font: 14 pt arts. Members were invited to contribute to this strategy development and Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm were keen that the Strategy should identify its target audiences. Formatted: Font: 12 pt
(b) We noted that a comprehensive range of funding streams, including private Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm sector funding are being explored, for arts funding. We also noted that the Formatted: Font: 12 pt Council will be building on existing work in this area and is already acting as a broker in promoting a coordinated and customer focussed approach with the council’s partners and other stakeholders. Whilst Westminster hosted many world class venues and activities, a better understanding of emerging needs and trends at a Neighbourhood level should be developed within the strategy. Formatted: Font: 14 pt
2. Strategic Priorities for Older Peoples: Every Older Person Formatted: Font: 14 pt Matters, Housing with Care Strategy, Older People’s Mental Formatted: Font: 14 pt Health Strategy Formatted: Font: 14 pt Formatted: Font: 14 pt (a) We considered a detailed briefing paper regarding the above matters and Formatted: Font: 14 pt again Members were encouraged to raise any matter of detail with the Formatted: Font: 14 pt relevant Director. Members were also encouraged to make suggestions to the Cabinet Member for the development of ‘Every Older Person Matters’ policy, Formatted: Font: 14 pt as agreed by Cabinet and set out in the Action Plan. We were also advised Formatted: Font: 14 pt that details regard projected life expectancy and other health inequalities Formatted: Font: 14 pt matters are set out at Ward level in the NHS Annual Public Health Report. Formatted: Font: 14 pt Members were invited to submit comments about the policy in order to develop it. Formatted: Font: 14 pt Formatted: Font: 14 pt
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Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Formatted: Font: 12 pt
Council Agenda 182 JulyMay 2007 43 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 3. Cabinet Member Updates, Reports of Directors and Task Margin Group Updates Formatted: Font: 14 pt Formatted: Font: 14 pt (a) We noted updates from the Cabinet Members for Health and Adult Social Formatted: Font: 14 pt Services, Housing, and Customer and Community Services setting out key Formatted: Font: 14 pt issues in each of their service areas. Formatted: Font: 14 pt
Formatted: Font: 14 pt (b) For this meeting only we also received written briefing notes from the Directors of Adult Social Services, Housing, Libraries and Arts and Leisure. Formatted: Font: 14 pt We have asked to receive similar briefings on a monthly basis so we can keep Formatted: Font: 14 pt aware of all service development issues. Formatted: Font: 14 pt Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm (c) We also received an update on the work of our Health Task Group, Libraries Task Group and Mental Health Task Group and agreed to receive brief written Formatted: Font: 12 pt summaries at our future meetings. Formatted: Font: 12 pt Formatted: Font: 12 pt (d) The Chairman explained the approach Members were keen to pursue in Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm progressing the work of the Committee in the forthcoming year as set out in the draft work programme. The Committee were keen to identify service provision Formatted: Font: 12 pt by Area Forum in order to understand: Formatted: Indent: Left: 0 cm, Hanging: 1.27 cm Formatted: Font: 12 pt • What level of access currently exists in each Neighbourhood Formatted: Indent: Left: 1.27 cm, Tab stops: 1.9 cm, • How each department contributes to health wellbeing and community List tab + Not at 0.63 cm + 1.27 cm engagement at a local level Formatted: Bullets and Numbering • How further departmental coordination may be developed. Formatted: Indent: Left: 1.27 cm
4. Draft Work Programme 2007 - 2008 Formatted: Font: 14 pt Formatted: Font: 14 pt (a) Arising from our discussions we approved our draft Work Programme for the Formatted: Font: 14 pt forthcoming municipal year for referral to the Westminster Scrutiny Commission, recognising that it may be subject to change and revision during Formatted: Font: 14 pt the course of the year. We also agreed that, having regard to their delayed Formatted: Indent: Left: 0 cm, Hanging: 1.25 cm, start, the Westminster Scrutiny Commission be recommended that the Tab stops: 1.25 cm, Left Libraries and Mental Health Task Groups be given additional time to take Formatted: Font: 12 pt evidence and to complete their deliberations and produce a final report and recommendations subject to them producing a clear timescale for the conclusion of their work.
(b) In this light we agreed that no new Task Groups be recommended to the Formatted: Indent: Left: 0 cm, Hanging: 1.25 cm, Westminster Scrutiny Commission for establishment until the work of the Tab stops: 1.25 cm, Left currently established time limited Task Groups is concluded/reaching Formatted: Font: 12 pt conclusion.
(c) As referred to above we have agreed that that regular brief summaries of the Formatted: Font: 12 pt work of our Task Groups, including the standing Health Task Group, be Formatted: Indent: Left: 0 cm, Hanging: 1.25 cm, presented to future meetings of the Committee to advise of progress in all Tab stops: 1.25 cm, Left areas.
Council Agenda 182 JulyMay 2007 44 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: (d) However we also agreed that, in view of the interest shown by some Margin Members, consideration be given, after existing Task Groups had concluded Formatted: Font: 12 pt their deliberations, to the establishment of a Task Group focussing on housing Formatted: Indent: Left: 0 cm, Hanging: 1.25 cm, matters. Tab stops: 1.25 cm, Left
Councillor JUDITH WARNER, Chairman Formatted: Font: 12 pt Formatted: Centered, Indent: Left: 6.35 cm, First line: ______1.27 cm, Border: Bottom: (No border)
Formatted: Font: 12 pt Local Government [Access to Information] Act – Background Papers Formatted: Font: 12 pt, Underline The agenda and reports to the Health and Community Services Overview and Formatted: Font: 12 pt Scrutiny Committee held on 20 June 2007 Formatted: Font: 12 pt Formatted: Font: 12 pt, Underline Formatted: Normal
Council Agenda 182 JulyMay 2007 45 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE CHILDREN AND YOUNG PEOPLE OVERVIEW AND Margin SCRUTINY COMMITTEE ON 20 JUNE 2007 Formatted: Font: Bold
The following Members of the Committee were Present: Formatted: Font: 12 pt
Formatted: Line spacing: single Councillors Tim Mitchell, Nicola Aiken, Edward Argar, Frances Blois, Barbara Grahame, Gwyneth Hampson, Papya Qureshi and Steve Summers; and Co- Formatted: Right: 0.33 cm, Line spacing: single opted Members Mohammed Amieur, Barbara Mayne, Barbara Morrison, John Moruzzi and Elizabeth Philips
1. Determination of Options for the Future Governance and Designation of Pimlico School
(a) We considered the key issues and arguments which needed to be taken into Formatted: Font: 12 pt consideration by Cabinet, when determining the future governance and Formatted: Indent: Left: 0 cm, Hanging: 1.25 cm, designation of Pimlico School; and we heard from a selection of stakeholders Tab stops: 1.25 cm, Left on a variety of key issues.
(b) We considered, in detail, the various options for the future governance and Formatted: Indent: Left: 0 cm, Hanging: 1.25 cm, designation of Pimlico School and agreed that no one option seemed to Tab stops: 1.25 cm, Left surpass the others when considering how to best achieve a match with the views of stakeholders and fulfil the duties placed on the Council by the Education and Inspections Act 2006.
(c) We felt that Cabinet should ensure that, whichever designation was selected, Formatted: Bullets and Numbering mechanisms were put in place to ensure that the voice of parents is heard. We also felt that the School should remain a community school in ethos, if not in designation, with a non-denominational and comprehensive admissions policy. The School should also be required to adopt admissions criteria consistent with Westminster’s Community School admissions criteria and abide by the Hard to Place Pupils protocol, regardless of designation.
(d) We agreed that the possibility of a Co-Sponsored Academy (with the Local Formatted: Bullets and Numbering Authority as one of the sponsors) should be investigated by Cabinet, including the provision of an endowment. We also felt that, should the School be designated as an Academy, the Council should investigate the possibility of attaching conditions relating to admissions criteria linked to the termination provisions in the lease of the land.
(e) Some of us considered that the Cabinet should investigate the possibility of a Formatted: Bullets and Numbering federation between Quintin Kynaston and Pimlico schools (whatever the Formatted: Font: 12 pt ultimate designation of the school) and the benefits that partnership with the University of Westminster might bring.
Formatted: Font: 12 pt
Council Agenda 182 JulyMay 2007 46 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: (f) We resolved that a report outlining the Committee’s comments, guidance and Margin recommendations on the future of Pimlico School be presented to Cabinet Formatted: Bullets and Numbering before it considers the Council’s position in relation to the future of Pimlico School.
COUNCILLOR TIM MITCHELL, Chairman Formatted: Font: 12 pt, Not Bold
______Formatted: Font: 12 pt, Not Bold
Formatted: Font: 12 pt Local Government (Access to Information) Act 1972 – Background Papers: The agenda and reports to the special meeting of the Children and Young People Overview and Scrutiny Committee on 20 June 2007. Formatted: Font: 12 pt Formatted: Font: 12 pt
Council Agenda 182 JulyMay 2007 47 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE AUDIT AND PERFORMANCE COMMITTEE Margin ON 28 JUNE 2007
The following Members of the Committee were present:-
Councillors Melvyn Caplan (Chairman), Antony Mothersdale, Suhail Rahuja, Ian Rowley and Judith Warner
Also Present: Councillor Tony Devenish
1. Work Programme
(a) We discussed the Committee’s work programme and progress made by the four Working Groups we have established for Property; People; Procurement; and Process and Audit.
(b) We have asked for briefing notes on outstanding issues in the work programme which have so far not been considered by the Working Groups, in order to identify any change in relevance or priority.
2. Annual Statement of Accounts
(a) We received the draft Annual Statement of Accounts for the year ended 31 March 2007.
(b) We sought clarification on a range of issues, including Balances and Reserves; National Non-Domestic Rates; the Housing Revenue Account; and debtors and irrecoverable debt. We agreed that the Chairman be authorised to sign and date the Statement of Accounts.
3. Audit Commission - Audit and Inspection Plan 2007/08
(a) We have noted the Audit and Inspection Plan for 2007/08, and welcomed Dominic Bradley of the Audit Commission to the meeting. He introduced the report and outlined the areas identified for inspection, which included Direction of Travel and Corporate assessments, and an inspection of the City Council’s Supporting People programme.
(b) We sought clarification on a number of issues, which included the Corporate Inspection fee, and commented on the proposal to include Health Inequalities as a future area of assessment.
Council Agenda 182 JulyMay 2007 48 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 4. Statement on Internal Control 2006/07 Margin
(a) We have considered the Statement on Internal Control and action plan for 2006/07, which aimed to secure continuous improvement.
(b) We discussed a range of issues, which included Criminal Records Bureau checks, and recovery arrangements for the City Council’s business systems, and recommended that the Statement be approved and signed by the Leader and Chief Executive.
5. Performance Monitoring Report for 2006/07 (outturn) and Period 1 (April) 2007-08
(a) We have received a report that set out key financial and service information for 2006/07 outturn and for the first period of the current municipal year and which detailed progress on One City and WorkSmart projects.
6. Local Area Agreement – Year End Report
(a) We have discussed a report setting out the year-end performance for 2006/07 for the Council’s Local Area Agreement (LAA), which set out priorities for Westminster, jointly agreed by the City Council, the Westminster City Partnership and Central Government.
(b) We noted that the performance of the Council and its partners in delivering the agreement would be measured against a set of outcome indicators, and highlighted the need for the City Council to be able to identify and influence improvement priorities and targets.
7. Internal Audit and Counter - Fraud Year - End Summary Monitoring Report 2006/07
(a) We have considered and commented on the year-end summary report on Internal Audit and Counter-Fraud Activity carried out in the 2006/07 financial year.
(b) We discussed and noted Audit Recommendations relating to Westminster City School and St. George’s School.
8. Centre for Young Musicians Formatted: Font: Bold
Formatted: Font: 12 pt (a) We have discussed and noted action being taken regarding the Centre for Young Musicians, which had been highlighted in a confidential Appendix to the Formatted: Font: 12 pt, Not Bold Internal Audit and Counter-Fraud Year-End Summary Monitoring Report. Formatted: Font: 12 pt, Not Bold Formatted: Font: 12 pt
Council Agenda 182 JulyMay 2007 49 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin 9. Energy Contracts and Prospects for Minimising Increase Formatted: Font: Bold Formatted: Font: 12 pt (a) We have discussed in detail a confidential report that considered the provision Formatted: Font: 12 pt, Not Bold of gas and electricity supplies to the City Council, and have agreed a course of action. Formatted: Font: 12 pt Formatted: Font: 12 pt, Not Bold MELVYN CAPLAN, Chairman Formatted: Font: 12 pt Formatted: Font: 12 pt, Not Bold ______Formatted: Font: 12 pt Formatted: Centered Local Government (Access to Information) Act 1972 – Background Papers Formatted: Underline The agenda, reports and minutes of the meeting of the Audit & Performance Formatted: Indent: First line: 0 cm Committee on 28 June 2007 Formatted: Indent: Left: 1.27 cm Formatted: Space Before: 0 pt, After: 0 pt
Council Agenda 182 JulyMay 2007 50 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE WESTMINSTER SCRUTINY COMMISSION ON Margin 3 JULY 2007 Formatted: Font: Bold Formatted: Font: Bold The following Members of the Committee were Present: Formatted: Right: 0.33 cm, Line spacing: single
Councillors Tim Mitchell (Chairman), Rupert D’Cruz, Mark Page and Judith Warner.
1. Reports of the Overview and Scrutiny Chairmen
(a) We received verbal updates from the O&S Chairmen on the work of their Committees.
2. Approval of the O&S Committee Work Programmes and Allocation of the O&S Budget for 2007/08
(a) We considered the O&S Committee Work Programmes for 2007/08 and we Formatted: Bullets and Numbering agreed the establishment of six new task groups and the retention of two existing standing task groups. As a part of issues arising from the Review (referred to in 3 below) we agreed that more time would be spent on scoping the work of the task groups so that those involved were clear about the impact and outcomes.
(b) We provisionally allocated the 2007/08 Overview & Scrutiny budget and were Formatted: Bullets and Numbering pleased to note that our request for a carry-over of some funding for pre- determined projects from last year had been agreed.
3. Review of the O&S Structure Formatted: Bullets and Numbering
(a) We considered the results of the O&S survey and the discussions held at the Formatted: Bullets and Numbering informal focus group session and have taken a number of the issues raised on board with the intention of enhancing the scrutiny function and encouraging engagement from all parties.
(b) We agreed that we should aim to use the O&S budget more effectively, in Formatted: Bullets and Numbering particular, to fund externally commissioned research on a more regular basis, where this is justified. We also agreed that the relevant Cabinet Members should be invited to each O&S Committee meeting and requested to send their Deputy should they be unable to attend.
(c) We noted that there were a number of proposals impacting on Overview & Formatted: Bullets and Numbering Scrutiny in the Local Government and Public Involvement in Health Bill 2007 and the Police & Justice Act 2006, which were expected to come into effect in April 2008, and we asked to be kept informed on developments.
Council Agenda 182 JulyMay 2007 51 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 4. Roberts Commission Margin
(a) We discussed the Commission on Local Councillors recently launched by the Formatted: Bullets and Numbering Secretary of State for Communities and Local Government, and chaired by Dr Jane Roberts DBE. We agreed that all Members of the Council should be invited to submit views to the Commission on the incentives and barriers to becoming a councillor and Members have been circulated with the necessary information.
TIM MITCHELL, Chairman Formatted: Font: 12 pt, Not Bold
______
Local Government (Access to Information) Act 1972 – Background Papers: The agenda and reports to the Westminster Scrutiny Commission on 3 July 2007.
Formatted: Normal, Tab stops: Not at 1.25 cm
Council Agenda 182 JulyMay 2007 52 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 1. BACKGROUND INFORMATION Margin Formatted: Normal, Indent: Left: 0 cm, First line: 0 1.1 The criticisms levelled at the Council by the objectors can be cm summarised as follows: Formatted: Normal, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 1.25 cm • The Council took too long to pursue the debt and this gave Dame Shirley Porter the Formatted: Normal, Indent: Left: 0 cm, First line: 0 time she needed to remove her assets from the jurisdiction of the British courts; cm • The Council lacked the will to pursue the debt and therefore did not Formatted: Normal make sufficient efforts; and Formatted: Normal, Space After: 0 pt, No bullets or numbering •The approach taken by the Council in the final mediation process was flawed and in consequence the amount accepted in settlement was Formatted: Bullets and Numbering inadequate. Formatted: Normal, No bullets or numbering Formatted: Normal, Indent: Left: 0 cm, First line: 0 1.2 The key findings of the report are: cm, Tab stops: Not at 2.25 cm
Formatted: Normal, No bullets or numbering •That the Council acted reasonably in the recovery action that it took. Formatted: Bullets and Numbering •That a reasonable settlement was agreed in the circumstances Formatted: Normal, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 2.25 cm •That whilst recognising that the objectors strongly believe the Council has been Formatted: Normal deficient in its pursuit of Dame Shirley Porter since the surcharge was imposed, this Formatted: Normal, Tab stops: Not at 1.25 cm belief is “misguided and simply wrong”. Formatted: Normal
•That it is now time to bring this matter to a close and move on from the past. Formatted: Normal, No bullets or numbering Formatted: Bullets and Numbering 1.3 On every major issue considered by the Auditor, the arguments of the Formatted: Normal, Indent: Left: 0 cm, First line: 0 objectors have been rejected and the position maintained by the City Council cm, Tab stops: Not at 2.25 cm throughout, upheld. It is not considered necessary or appropriate to further Formatted: Normal, No bullets or numbering, Tab summarise the Public Interest Report as it is, as required by the Audit Commission stops: Not at 1.25 cm Act, attached in full as Appendix 1. Formatted: Bullets and Numbering
2.0 LEGAL IMPLICATIONS Formatted: Normal, Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 2.25 cm 2.1 Under Section 11 of the Audit Commission Act 1998, as amended, the full Formatted: Normal, No bullets or numbering Council must consider the Public Interest Report, in public, within one month or such Formatted: Bullets and Numbering extended period as may be allowed by the District Auditor. An extension of time has Formatted been agreed to allow the report to be considered at this scheduled meeting. ... [46] Formatted: Normal, No bullets or numbering 2.2 At the meeting, the Council must decide – Formatted: Bullets and Numbering
Formatted ... [47] (a) whether the report requires the Council to take any action or whether any Formatted: Indent: Left: 0 cm, First line: 0 cm recommendation is to be accepted; and Formatted: Indent: Left: 0 cm, First line: 0 cm (b) what, if any, action to take in response to the report or recommendations. Formatted ... [48]
Formatted ... [49] In this case, no specific recommendation is made, although the District Auditor stresses that it is now time to bring the matter to a close and move on from the past. Formatted: Indent: Left: 0 cm
Council Agenda 182 JulyMay 2007 53 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 2.3 As soon as practicable after the meeting, the City Council must notify the Margin District Auditor of its decision, and publish a notice containing a summary thereof in a Formatted: Indent: Left: 0 cm, First line: 0 cm local newspaper.
3.0 FINANCIAL IMPLICATIONS Formatted: Tab stops: Not at 1.25 cm
3.1 Of the total settlement of £12,300,000, after payment of costs to third parties, Formatted: Indent: Left: 0 cm, First line: 0 cm the sum due to Westminster of £12,000,000 was received in 2004. As agreed by Cabinet Urgency Committee in July 2004, after paying over the amount due to the Audit Commission of £1,016,000 in respect of costs they had incurred, £6,596,000 (60%) was paid into a fund for Housing Investment, and £4,388,000 (40%) to the General Fund.
3.2 The final costs of responding to the objection to the accounts are estimated as follows: £ £ Westminster’s costs -Internal legal costs 23,000 Formatted: No bullets or numbering -External legal costs 179,000 202,000 Formatted: Bullets and Numbering -District Auditor’s costs 225,000 427,000 Formatted: Indent: Left: 0 cm
3.3 These are being met from existing budgets, including a reserve set up for Formatted: Indent: Left: 0 cm, First line: 0 cm Audit costs in the 2004/05 accounts. Formatted: Indent: Left: 0 cm 3.4 However the total costs are chargeable onto services in proportion to the Formatted: Indent: Left: 0 cm, First line: 0 cm allocation of the settlement received and thus of this estimated total, £171,000 (40%) will be met by the General Fund and £256,000 (60%) by the Housing Revenue Account.
4.0 CONCLUSION
4.1 The issue of the Public Interest Report, and the rejection by the District Auditor Formatted: Indent: Left: 0 cm, First line: 0 cm of the objection to the accounts for 2003/4, brings this long running matter to a conclusion. As the District Auditor says in his own conclusions, the question is “did (the City Council) in all the circumstances that prevailed at the time make a reasonable recovery of the monies due to Westminster’s taxpayers? I am satisfied that it did. In my view it is now time to bring this matter to a close and move on from the past”. The City Council is invited to endorse this sentiment by approving the statement set out in Appendix 2, which has been approved by the City Council’s District Auditor. Formatted: Normal If you have any queries about this report or wish to inspect one of the background papers please contact C. Wilson on 020 7641 2710; Background Papers:fax 020 None7641 3325 email [email protected]. Formatted: Normal, Left Formatted: Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Council Agenda 182 JulyMay 2007 54 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Public Interest Report Margin March 2007
Public Interest Report City of Westminster © Audit Commission 2007
For further information on the work of the Commission please contact: Audit Commission, 1st Floor, Millbank Tower, Millbank, London SW1P 4HQ Tel: 020 7828 1212 Fax: 020 7976 6187 Textphone (minicom): 020 7630 0421 www.audit-commission.gov.uk
The Audit Commission is an independent body responsible for ensuring that public money is spent economically, efficiently and effectively, to achieve high-quality local services for the public. Our remit covers around 11,000 bodies in England, which between them spend more than £180 billion of public money each year. Our work covers local government, health, housing, community safety and fire and rescue services.
As an independent watchdog, we provide important information on the quality of public services. As a driving force for improvement in those services, we provide practical recommendations and spread best practice. As an independent auditor, we ensure that public services are good value for money and that public money is properly spent.
Contents
Summary Report
Introduction
Main findings
How long it took to pursue the debt The recovery effort The mediation process
Conclusions
Council Agenda 182 JulyMay 2007 55 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Summary Report Margin
Introduction
1. This report concerns the long running saga of the Westminster ‘Homes for Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust Votes’ affair. I am writing this in the hope that it will assist in drawing the matter to a space between Latin and Asian text, Adjust space close. I have decided to issue this report in the public interest under section 8 of the between Asian text and numbers Audit Commission Act 1998 due to the substantial public and media interest in the attempt by the City of Westminster [the Council] to recover a substantial sum of money due from Dame Shirley Porter. She was ordered to pay this amount by the Court as a result of the losses to the Council incurred by her and another’s wilful misconduct. The inability to make a full recovery has been the subject of an objection to the Council's 2003/04 accounts and this report also summarises the detailed findings of my investigation into the issues raised by the objectors.
2. In January 1994 the then external auditor to the Council issued his provisional findings and views that Dame Shirley Porter and others had a case to answer in Formatted: Indent: Left: 0 cm, Adjust space between respect of the 'Homes for Votes' affair. This dated back to the mid-1980s and Latin and Asian text, Adjust space between Asian text concerned the sale of Council homes in Westminster in marginal wards with the aim and numbers of influencing voting patterns in the area. The auditor issued his final report in May 1996 confirming his provisional view and surcharging Dame Shirley Porter and others. This was on the basis that the sale of the Council homes had been for an improper purpose and therefore unlawful. Dame Shirley Porter and others became personally liable for the loss to the Council caused by their wilful misconduct. Formatted: Adjust space between Latin and Asian 3. On appeal, the High Court in December 1997 upheld the auditor's surcharge. text, Adjust space between Asian text and numbers This decision was subsequently overturned by the Court of Appeal in April Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust 1999. Finally, in December 2001, the House of Lords upheld the auditor's surcharge. space between Latin and Asian text, Adjust space With interest and costs, the total amount due from Dame Shirley Porter and one between Asian text and numbers, Tab stops: Not at other under the auditor’s surcharge was approximately £33 million at that time. 1.25 cm
4. In April 2004 the Council settled for £12.3 million in full and final settlement of the debt due from Dame Shirley Porter. It is this settlement, and the allegations that the Council had been deficient in its recovery action, that is the subject of this report. Formatted: Adjust space between Latin and Asian 5. In considering the actions of the Council, I have had to judge the text, Adjust space between Asian text and numbers reasonableness of the actions of the time. It has been suggested, with the benefit of Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust hindsight, that maybe more could have been done at the time. For instance, I have space between Latin and Asian text, Adjust space accepted that more could have been spent on investigations earlier, but I have between Asian text and numbers equally recognised that the Council could then quite legitimately have been criticised for spending money at a stage when there was no guarantee of the surcharge being upheld by the Courts. Overall, it is my view that the Council acted reasonably in the recovery action that it took. In so doing, it was balancing the need to recover the monies owed for the benefit of local taxpayers whilst being conscious that Formatted: Adjust space between Latin and Asian expenditure on the recovery process itself would also fall on local taxpayers. I am text, Adjust space between Asian text and numbers satisfied that a reasonable settlement was agreed in the circumstances. Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust space 6. The objection to the 2003/04 accounts was wide ranging. I have, however, between Asian text and numbers restricted my detailed investigations to the allegations of negligence and Formatted: Indent: First line: 0 cm, Adjust space deficiency, my main focus being whether there ought to have been greater between Latin and Asian text, Adjust space between Asian text and numbers
Council Agenda 182 JulyMay 2007 56 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: recovery for the benefit of the Westminster local taxpayer. I am aware that the Margin lead objectors were instrumental in the 1990s in bringing the then auditor's attention to the 'Homes for Votes' affair. I commend the objectors for their determination and persistence in ensuring that Dame Shirley Porter was brought to Formatted: Indent: Left: 0 cm, Adjust space between account by way of surcharge. However, whilst recognising that they strongly believe Latin and Asian text, Adjust space between Asian text the Council has been deficient in its pursuit of Dame Shirley Porter since the and numbers surcharge was imposed, in my view this belief is misguided and simply wrong. Formatted: Adjust space between Latin and Asian Main findings text, Adjust space between Asian text and numbers
7. Much of the criticism levelled at the Council can be summarised as follows:
• the Council took too long to pursue the debt and this gave Dame Shirley Formatted: Indent: Left: 0 cm, Adjust space between Porter the time she needed to remove her assets from the jurisdiction of the Latin and Asian text, Adjust space between Asian text British Courts; and numbers, Tab stops: Not at 2.25 cm
• the Council lacked the will to pursue the debt and therefore did not make sufficient effort; and Formatted: Indent: Left: 0 cm, Adjust space between • the approach taken by the Council in the final mediation process was Latin and Asian text, Adjust space between Asian text flawed and in consequence the amount accepted in settlement was and numbers inadequate. Formatted: Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between Asian text How Long it took to Pursue the Debt and numbers, Tab stops: Not at 2.25 cm Formatted: Adjust space between Latin and Asian 8. There is no doubt that it has taken a long time to collect the debt resulting from text, Adjust space between Asian text and numbers the 'Homes for Votes' affair; indeed, nearly eight years passed between the date of Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust the auditor's certificate of surcharge and the final settlement. This, however, does not space between Latin and Asian text, Adjust space take account of the fact that the debt was not actually due until December 2001. The between Asian text and numbers settlement was in April 2004 such that the above period is, more properly, described Formatted: Indent: Left: 0 cm, Adjust space between as just over two years. In considering whether the Council acted, reasonably, the Latin and Asian text, Adjust space between Asian text different circumstances before and after the House of Lords' judgement of December and numbers 2001 has to be taken into account.
Prior to the House of Lords Judgement of December 2001 Formatted: Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 9. Following the publication of the auditor's provisional views that there was a Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust case to answer in January 1994, the Council sought legal advice on whether it could space between Latin and Asian text, Adjust space take recovery proceedings at that stage. The advice received was that any such between Asian text and numbers recovery action would fail as there was no debt due and therefore no legal cause of action.
10. After the auditor had issued his certificate and surcharge in May 1996, the Council appointed a specialist firm of external solicitors to act on its behalf in the Formatted: Indent: Left: 0 cm, Adjust space between recovery process. Indeed, throughout the recovery process the Council has taken Latin and Asian text, Adjust space between Asian text extensive legal advice both from specialist solicitors and Leading and Junior Counsel and numbers as required. I am satisfied that the Council engaged external lawyers with the appropriate skill and experience. Formatted: Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Council Agenda 182 JulyMay 2007 57 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 11. The Council took Leading Counsel's advice in July 1996, shortly after the Margin auditor had issued the certificates of surcharge. He advised that there was still no Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust cause of action as the debt would not be payable until after the final resolution of the space between Latin and Asian text, Adjust space appeal lodged by Dame Shirley Porter. Counsel also advised, however, that there between Asian text and numbers was a “significant prospect” that the Court may grant a Mareva injunction [ie an order freezing assets worldwide]. This aspect of the Counsel’s advice was highlighted by the objectors and was a major plank in their arguments. Formatted: Adjust space between Latin and Asian 12. It was important, therefore, for me to assess whether the advice to the Council text, Adjust space between Asian text and numbers was that it could and should have issued proceedings for a Mareva injunction at this Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust stage. After all, freezing Dame Shirley Porter’s assets then might have meant that space between Latin and Asian text, Adjust space there were significantly greater assets available for eventual recovery. A full reading, between Asian text and numbers, Tab stops: Not at however, of Counsel’s advice was that seeking a Mareva injunction at that stage 1.25 cm would go against the then law. This would, therefore, require the Council to seek to Formatted: Indent: Left: 0 cm, Adjust space between change the law by taking the application all the way to the House of Lords with the Latin and Asian text, Adjust space between Asian text substantial cost this would involve. In addition, Counsel stated that there were further and numbers impediments to seeking a Mareva injunction. First, he advised that there were difficulties in obtaining the British Court’s permission to serve proceedings outside their jurisdiction and second, that there were risks to the Council in that it would have to give a cross-undertaking to pay damages should Dame Shirley Porter be successful on appeal. In discussion with Counsel, it was agreed that such a course of action would be premature. I am satisfied that the Council was acting reasonably in taking the view that pre-emptive action to protect the Council’s position was not, at Formatted: Adjust space between Latin and Asian this stage, realistically possible. text, Adjust space between Asian text and numbers
Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust 13. This legal advice was revisited after the High Court upheld the auditor's space between Latin and Asian text, Adjust space surcharge in December 1997 and the advice remained unchanged. In April between Asian text and numbers 1999, the Court of Appeal overturned the High Court decision and thereby the Formatted: Adjust space between Latin and Asian certificates of surcharge. In some ways, this vindicated the Council’s caution. text, Adjust space between Asian text and numbers There was, as a matter of law, no enforceable debt against Dame Shirley Porter until the decision of the House of Lords in December 2001. Therefore, the Council would, Formatted: Indent: First line: 0 cm, Adjust space between Latin and Asian text, Adjust space between between the Court of Appeal and House of Lords stages, have been at risk of being Asian text and numbers criticised if it had incurred significant amounts of public expenditure in undertaking recovery action against Dame Shirley Porter and the surcharges had then not been Formatted: Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between Asian text upheld. and numbers
14. The Council had, however, engaged investigators during this period to carry Formatted: Adjust space between Latin and Asian out some preliminary work on identifying Dame Shirley Porter's assets. Initially it text, Adjust space between Asian text and numbers engaged a firm of forensic accountants to look into publicly available information to Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust ascertain the whereabouts of her assets and, subsequently, a well known firm of space between Latin and Asian text, Adjust space investigators to make further enquiries. Later, after the House of Lords' decision, the between Asian text and numbers Council engaged a second well-known investigatory company to carry out some Formatted: Adjust space between Latin and Asian more detailed work, including talking to informants. text, Adjust space between Asian text and numbers Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust 15. It was clear from this work that most of Dame Shirley Porter's assets had been space between Latin and Asian text, Adjust space moved out of the country. Large amounts had been settled in trust in the early between Asian text and numbers 1980s. It would appear that Dame Shirley Porter had transferred the majority Formatted: Adjust space between Latin and Asian of her remaining assets to her husband and/or offshore trusts by the late text, Adjust space between Asian text and numbers, 1990s, that is, prior to the debt becoming due. Tab stops: Not at 1.25 cm Formatted: Adjust space between Latin and Asian Following the House of Lords' Judgement of December 2001 text, Adjust space between Asian text and numbers
Council Agenda 182 JulyMay 2007 58 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin 16. To understand the process of recovery following the House of Lords' decision, Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust it is important to be aware of the chronology of events. The key events are as space between Latin and Asian text, Adjust space follows: between Asian text and numbers Formatted: Indent: First line: 0 cm, Adjust space • 13 December 2001: the House of Lords upholds the auditor's certificate of between Latin and Asian text, Adjust space between surcharge. On the same day, the Council wrote to Dame Shirley Porter Asian text and numbers requiring payment within the 14 day period after which the debt would Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust become enforceable. space between Latin and Asian text, Adjust space between Asian text and numbers, Tab stops: Not at • 28 December 2001: the Council starts recovery proceedings including 2.25 cm obtaining a worldwide freezing and disclosure order against Dame Shirley Porter.
• January 2002: Dame Shirley Porter makes disclosure of £300,000 worth of assets.
• January /February 2002: the Council appoints a different firm of investigators, in particular to look into information from certain former employees of Dame Shirley Porter’s financial advisers.
• April 2002: application by the Council for summary judgement against Dame Shirley Porter.
• July 2002: summary judgement for the payment of the debt against Dame Shirley Porter granted by the Court.
• September 2002: Dame Shirley Porter lodges an appeal against this judgement.
• November 2002: the Council makes an application for a wider freezing and disclosure order.
• December 2002: Dame Shirley Porter's appeal of the summary judgement struck out.
• February 2003: the Court grants wider freezing and disclosure order.
• January to June 2003: the Council’s solicitors maintain a dialogue with an informant while being mindful that the information was likely to have been obtained illegally, i.e. a 'tainted' source. Formatted: Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, • March 2003: the first of a number of disclosure orders granted against Tab stops: Not at 2.25 cm Dame Shirley Porter's financial advisers and others. Formatted: Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between Asian text • 30 June 2003: BBC radio programme makes public the ‘tainted source’ and numbers, Tab stops: Not at 2.25 cm information.
• July 2003: the Council obtains the first of a number of Court orders in Guernsey [freezing and disclosure orders] and the British Virgin Islands
Council Agenda 182 JulyMay 2007 59 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: [disclosure]. Margin
• January 2004: the Council starts ‘sham trust’ proceedings in Guernsey.
• April 2004: settlement reached with Dame Shirley Porter. Formatted: Adjust space between Latin and Asian Orders against Dame Shirley Porter text, Adjust space between Asian text and numbers
17. Following the House of Lords decision, and shortly after the debt became Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust enforceable, the Council obtained worldwide freezing and disclosure orders space between Latin and Asian text, Adjust space against Dame Shirley Porter. I am advised that these are draconian orders not between Asian text and numbers, Tab stops: Not at granted lightly by the Courts. The freezing orders restrained Dame Shirley Porter 1.25 cm from dealing with or in any way diminishing the value of her assets up to the value of Formatted: Indent: First line: 0 cm, Adjust space £33 million and she also had to make disclosure with regard to the same. Being the between Latin and Asian text, Adjust space between standard form of such orders, this only required disclosure with regard to current and Asian text and numbers not former assets. Formatted: Indent: Left: 0 cm, Adjust space between Latin and Asian text, Adjust space between Asian text 18. Dame Shirley Porter made disclosure in January 2002 of approximately and numbers £300,000 worth of assets. From this time on, the Council was seeking and Formatted: Adjust space between Latin and Asian acting upon extensive legal advice both from specialist solicitors and Counsel. The text, Adjust space between Asian text and numbers Council sought Leading Counsel's advice in February 2002 as to the next steps and Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust was not advised that it could seek any further orders in addition to those it had space between Latin and Asian text, Adjust space already obtained. between Asian text and numbers
Formatted: Adjust space between Latin and Asian 19. Over the next six or seven months the Council pursued further information text, Adjust space between Asian text and numbers from investigators. The information obtained provided greater clarity as to the structure of Dame Shirley Porter's offshore trusts. The Council’s solicitors also wrote Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust space to Dame Shirley Porter’s solicitors on a number of occasions, asking what had between Asian text and numbers happened to her previous wealth. Dame Shirley Porter’s solicitors repeatedly refused to provide this information. The information obtained from informants and the paper trail established in correspondence with Dame Shirley Porter’s solicitors put the Council in a position to make an application for a wider disclosure order. This would then require Dame Shirley Porter to account for what had happened to her previous reputed wealth. The informant information was available from September 2002 and the Council sought Counsel’s advice on issuing proceedings for a wider order in the same month. Formatted: Adjust space between Latin and Asian 20. The Council applied for the wider order in November 2002 and it was granted text, Adjust space between Asian text and numbers in February 2003. This order required Dame Shirley Porter to identify and provide full Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust details of any transactions worth over £100,000 in relation to her assets from January space between Latin and Asian text, Adjust space 1994 to the date of the order. I am satisfied that the Council acted reasonably in not between Asian text and numbers seeking the wider freezing and disclosure orders against Dame Shirley Porter until November 2002. It was acting on legal advice that it would be unlikely that such orders would be granted until the Council had sufficient evidence to demonstrate their need to the Courts. Formatted: Adjust space between Latin and Asian 21. On 18 February 2003 Dame Shirley Porter wrote to the Council to say that she text, Adjust space between Asian text and numbers was not going “to participate in the latest proceedings any further”.
Orders against Others
Council Agenda 182 JulyMay 2007 60 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: 22. The objectors have claimed that the Council should have sought disclosure Margin orders against others, in particular Dame Shirley Porter's financial advisers, Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust earlier than it did. The Council did consider such action but the external legal space between Latin and Asian text, Adjust space advice was that it was not appropriate to follow such a line until after the wider between Asian text and numbers disclosure order against Dame Shirley Porter had been obtained. The Council Formatted: Indent: First line: 0 cm, Adjust space was advised that the letter from Dame Shirley Porter in February 2003 refusing to between Latin and Asian text, Adjust space between participate in proceedings any further put the Council in a strong position to argue to Asian text and numbers the Court that it had to pursue third parties for the information. From March 2003 Formatted: Indent: Left: 0 cm, Adjust space between onwards it obtained a number of disclosure orders against the financial advisers and Latin and Asian text, Adjust space between Asian text other parties [six in total]. and numbers Formatted: Adjust space between Latin and Asian 23. I am satisfied that the Council acted reasonably in the way it pursued recovery text, Adjust space between Asian text and numbers via third parties, in particular Dame Shirley Porter's financial advisers. I am of the Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust view, moreover, that the Council would have been unlikely to have gained any space between Latin and Asian text, Adjust space financial advantage had it obtained such orders earlier as it would appear that Dame between Asian text and numbers Shirley Porter's assets had already been moved out of the jurisdiction of the British Courts and into the offshore trusts well before this time. Formatted: Adjust space between Latin and Asian Use of Informants text, Adjust space between Asian text and numbers
24. Shortly after the House of Lords' decision in 2001, the Council engaged the Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust second company of investigators to assist in tracking down Dame Shirley space between Latin and Asian text, Adjust space Porter's assets, primarily by obtaining information from various informants. That between Asian text and numbers company was successful in putting the Council in touch with a number of informants. Formatted: Indent: First line: 0 cm, Adjust space This led to the information as to the offshore trust/company structure which allowed between Latin and Asian text, Adjust space between the Council to obtain the wider freezing and disclosure orders noted above. Asian text and numbers Throughout, the Council acted in accordance with its independent legal advice on Formatted: Indent: Left: 0 cm, Adjust space between how it should best use the informant information. Latin and Asian text, Adjust space between Asian text and numbers Formatted: Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 25. In early 2003 the Council was contacted by an informant with information on Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust Dame Shirley Porter's affairs. The objectors have raised concerns that this space between Latin and Asian text, Adjust space information was not relied upon at an early stage. Whilst it is true that this between Asian text and numbers information, together with the information obtained by Court orders against Dame Formatted: Indent: First line: 0 cm, Adjust space Shirley Porter’s financial advisers, turned out to be important to the Council's later between Latin and Asian text, Adjust space between recovery action in Guernsey, solicitors and Counsel had advised caution in its use. Asian text and numbers The informant was suspected of having obtained this information illegally. Thus, the Formatted: Indent: Left: 0 cm, Adjust space between strategy was to wait until the information became public so that it could be used Latin and Asian text, Adjust space between Asian text legitimately. In the event, the Council's caution was justified as the informant was and numbers subsequently convicted of the criminal offence of unlawful and unauthorised interception of electronic communications. Formatted: Adjust space between Latin and Asian The BBC programme text, Adjust space between Asian text and numbers
26. Much has been made by the objectors of a BBC radio programme broadcast Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust in June 2003. The programme did add something to the Council's knowledge of space between Latin and Asian text, Adjust space Dame Shirley Porter's financial affairs. However, so also had the fruits of the between Asian text and numbers disclosure orders against Dame Shirley Porter’s financial advisers. Furthermore, the Council’s strategy of waiting for the making public of the information obtained illegally
Council Agenda 182 JulyMay 2007 61 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: noted in paragraph 25 above was vindicated, and thus the Council was free to now Margin use this information to support further recovery action in the Courts.
27. In July 2003 the Council obtained the first of a series of Court orders in both Guernsey and the British Virgin Islands. It was the information from the financial Formatted: Indent: Left: 0 cm, Adjust space between advisers and the illegally obtained information, made public in the BBC programme, Latin and Asian text, Adjust space between Asian text and the resulting disclosure orders obtained in Guernsey that gave the Council the and numbers hard, up-to-date evidence that enabled it to commence 'sham trust' and other proceedings in Guernsey. It was this sequence of events that eventually led to the mediation and settlement. Formatted: Adjust space between Latin and Asian text, Adjust space between Asian text and numbers Alternative Actions Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust space 28. Questions have also been raised as to why the Council did not take alternative between Asian text and numbers courses of action, in particular seeking legal advice and commencing legal Formatted: Indent: First line: 0 cm, Adjust space proceedings abroad and seeking to make Dame Shirley Porter bankrupt. between Latin and Asian text, Adjust space between Asian text and numbers 29. In fact the Council did seek legal advice abroad: in Israel, Guernsey and the Formatted: Adjust space between Latin and Asian British Virgin Islands. Ultimately, and in accordance with the advice of its text, Adjust space between Asian text and numbers independent legal advisers, the Council decided not to mount legal proceedings Formatted: Indent: First line: 0 cm, Adjust space abroad other than in Guernsey and the British Virgin Islands. This was due to the between Latin and Asian text, Adjust space between significant difficulties that were likely to be encountered and the information that Asian text and numbers suggested that Dame Shirley Porter's assets had already been moved to the offshore Formatted: Indent: Left: 0 cm, Adjust space between trusts in Guernsey. In these circumstances, and in the absence of reliable evidence Latin and Asian text, Adjust space between Asian text that significant assets existed abroad other than in the trusts, I accept that the and numbers Council acted reasonably in its approach to seeking foreign legal advice and Formatted: Adjust space between Latin and Asian commencing legal action abroad. text, Adjust space between Asian text and numbers
Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust 30. The Council also considered whether to petition for the bankruptcy of Dame space between Latin and Asian text, Adjust space Shirley Porter. The advice to the Council, however, was that in all likelihood the between Asian text and numbers proceedings would need to be issued in Israel, that they would be contested, might Formatted: Indent: Left: 0 cm, Adjust space between not succeed and would be enormously expensive. Latin and Asian text, Adjust space between Asian text and numbers
Formatted: Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Formatted: Font: 12 pt, Not Bold The Recovery Effort Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust space 31. I have also considered certain aspects of the objectors’ allegations that the between Asian text and numbers Council lacked the political will to seek recovery from Dame Shirley Porter and Formatted: Indent: First line: 0 cm, Adjust space this therefore led to insufficient effort being made. The three issues I considered in between Latin and Asian text, Adjust space between this regard were the extent to which the recovery action was not sufficiently financed, Asian text and numbers that settlement with Dame Shirley Porter was considered at too an early stage, and Formatted: Indent: Left: 0 cm, Adjust space between that unduly negative comments were made to the press. Latin and Asian text, Adjust space between Asian text and numbers Financing the Recovery Action Formatted: Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 32. The Council has argued that it spent the money that it was beneficial to spend, Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers
Council Agenda 182 JulyMay 2007 62 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: that all action recommended by its independent legal advisers was taken and that no Margin such action was not taken on account of budgetary constraints. I am satisfied that the Formatted: Indent: Left: 0 cm, Adjust space between Council appointed specialists in the field and acted reasonably in committing the Latin and Asian text, Adjust space between Asian text expenditure that it did, some £1.6 million. That is not, however, to say that the and numbers Council could not have spent more on the recovery process.
33. The objectors raised concerns about the way in which the Council officers Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust monitored and controlled the costs of the recovery process. In particular, they space between Latin and Asian text, Adjust space alleged that a letter to the Council's legal advisers exhorting them to use junior between Asian text and numbers lawyers where appropriate demonstrated the Council's reluctance to pursue Formatted: Indent: First line: 0 cm, Adjust space recovery vigorously. Similarly, they made the same point about officers querying a between Latin and Asian text, Adjust space between potential overspend on the investigator's agreed budget. Asian text and numbers Formatted: Indent: Left: 0 cm, Adjust space between 34. I would have expected the Council to adopt a prudent approach when Latin and Asian text, Adjust space between Asian text committing itself to expenditure of this nature. In this situation, it had the difficult task and numbers of assessing how much it should commit to the recovery process when the amount Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust that might be recovered was unpredictable. I consider it was correct for the Council's space between Latin and Asian text, Adjust space officers to seek the most economic means, using staff of the appropriate grade and between Asian text and numbers cost to undertake recovery. Indeed, it demonstrates that the Council had taken into account the proper stewardship of public funds entrusted to it and I am satisfied that the Council acted reasonably in spending the amount it did on the recovery process.
Early consideration of settlement Formatted: Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 35. It has been alleged that the Council was from an early stage considering Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust settlement with Dame Shirley Porter and that this had a material adverse effect on its space between Latin and Asian text, Adjust space recovery efforts. It is true that at various stages officers were considering settlement between Asian text and numbers but I take the view, however, that it was appropriate for the Council to consider, at Formatted: Indent: Left: 0 cm, Adjust space between every stage, including early on in the recovery process, whether the public interest, in Latin and Asian text, Adjust space between Asian text particular that of local taxpayers, was best served by pursuing the debt or seeking to and numbers settle. After all, it was further public funds that were being spent at every step of the way with no guarantee of recovery. Furthermore, looked at overall, it is apparent that the Council actively pursued Dame Shirley Porter from the date the debt became legally due. I remain unconvinced that considering settlement along the way had a negative impact on the overall recovery. Formatted: Font: 12 pt, Not Bold Press comments Formatted: Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 36. Similarly, the objectors complained that there were repeated media briefings Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust of a negative nature by the Council and that these undermined the chances of space between Latin and Asian text, Adjust space recovery. In my view, selective quotations from the media prove very little. I am not between Asian text and numbers persuaded, moreover, that such media quotations as I have seen would have Formatted: Indent: Left: 0 cm, Adjust space between undermined the legal action being taken by the Council. Latin and Asian text, Adjust space between Asian text and numbers The mediation process Formatted: Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 37. In April 2004 the Council received legal advice that the Council was in a position of some strength. It had recently won a Court battle and there was a Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust space between Latin and Asian text, Adjust space reasonable prospect of making some recovery from its recently launched sham trust between Asian text and numbers, Tab stops: Not at proceedings. However, it also faced what was likely to be a long and expensive 1.25 cm
Council Agenda 182 JulyMay 2007 63 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: challenge as to whether or not the Guernsey Court had jurisdiction to hear the case. Margin This was unlikely to establish anything of substance and would leave the Council with no certainty of the final outcome. The Council's legal advisers therefore advised that mediation was a good idea at that time. Formatted: Adjust space between Latin and Asian 38. The fact that the overall debt owed by Dame Shirley Porter was in the region text, Adjust space between Asian text and numbers of £44 million [including additional claims, interest and costs] does not necessarily Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust mean that a settlement of £12.3 million was a bad deal. There is a need to consider space between Latin and Asian text, Adjust space the position of the Council in the light of a complex recovery process inhibited by the between Asian text and numbers lack of cause of action before December 2001. Furthermore, there was the need to consider that most of Dame Shirley Porter's assets had already been transferred abroad by the time the debt became due and recovery action was realistically possible. Formatted: Adjust space between Latin and Asian 39. Before negotiating the settlement the Council agreed a settlement strategy text, Adjust space between Asian text and numbers that contained a 'bottom line' figure based on a number of risk factors. These were Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust the costs to date, anticipated future costs if proceedings continued and, importantly, space between Latin and Asian text, Adjust space independent legal advice from Counsel as to the chances of successful recovery between Asian text and numbers action in respect of each of the offshore trusts. Overall, the Council contends that the £12.3 million finally agreed was a 'good deal' as it was significantly more than the 'bottom line' figure and was well within Council's risk analysis. Indeed, applying Counsel’s advice as to chances of recovery from each of the offshore trusts, a figure of £6.5 million was a more likely level of recovery. Formatted: Adjust space between Latin and Asian 40. I have noted, moreover, that the whole of the value ascribed to Dame Shirley text, Adjust space between Asian text and numbers Porter’s wealth by her former financial adviser [approximately £20 million] less Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust the value of the monies placed in trust by Dame Shirley Porter prior to 1994 space between Latin and Asian text, Adjust space and therefore outside of the sham trust proceedings [approximately £8 million] between Asian text and numbers is roughly approximate to the amount of settlement, £12.3 million. Formatted: Adjust space between Latin and Asian text, Adjust space between Asian text and numbers 41, I have carefully reviewed the Council’s asserted justification and concluded Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust that the Council did act reasonably in formulating both the ‘bottom line’ figure and the space between Latin and Asian text, Adjust space final amount for settlement. So critical is this to the objectors’ case that I have taken between Asian text and numbers independent legal advice on this issue. My legal adviser reviewed the substantial documentation gathered together during the investigation and assessed the Council’s legal action as a matter of private and public law. Her advice, which I have accepted, is that in the circumstances the figure settled upon was not unreasonable.
42. Finally, concerns have been raised both with regard to the settlement containing confidentiality clauses and it not having undertakings that would have allowed later action if further assets were to be identified. I am advised that it is extremely common for settlements of this nature to have clauses as to confidentiality and, moreover, that without these clauses it would have been unlikely that Dame Shirley Porter would have agreed to settle. Similarly, if the Council had not agreed to the settlement being final then, in my view, it would not have been acceptable to the other side, finality being, after all, one of the main benefits to Dame Shirley Porter. Formatted: Adjust space between Latin and Asian Conclusions text, Adjust space between Asian text and numbers
43. It is not my responsibility, as auditor, to substitute my judgement for that of the
Council Agenda 182 JulyMay 2007 64 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Council. Rather, I have to consider the Council’s decision making processes and Margin whether it has adequately discharged its fiduciary duty. Whilst I recognise that the Formatted: Indent: Left: 0 cm, Adjust space between Council settled for considerably less than the amount surcharged, I am satisfied that Latin and Asian text, Adjust space between Asian text it acted reasonably in its recovery action and did not therefore fail in its fiduciary duty. and numbers The Council had to balance the certainty of a lesser sum against the potential for a larger one and I have concluded that the final settlement was, in the light of circumstances prevailing at the time, reasonable.
44. This is not to say that other actions may not have led to a different outcome. Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust With the benefit of hindsight, it is possible to point to some alternative approaches space between Latin and Asian text, Adjust space that could have been taken and actions that could have been taken earlier. However, between Asian text and numbers I have had to form a view on whether the action taken was reasonable at the time. Given the circumstances outlined in this report, in particular the extensive reliance on expert independent legal advice and the fact that no one was, at the time, able to reliably identify any significant assets owned by Dame Shirley Porter over and above those already known by the Council, I am satisfied that the approach followed by the Council was reasonable.
45. It would seem to me that the recovery process has been hampered by both the success of Dame Shirley Porter in moving the majority of her assets abroad prior to the debt becoming due and the length of time it took to get that far. Neither of these factors was within the Council’s control. Her remaining assets would seem to have been moved early on in the surcharge process, at a point in time when the Council was not realistically able to take legal action. Given this, recovery of the full amount was always going to be very difficult. Formatted: Adjust space between Latin and Asian 46 . Finally, I recognise that many will not be satisfied with the final outcome, as it text, Adjust space between Asian text and numbers would appear, given her recent visits back to the UK, that Dame Shirley Porter Formatted: Indent: Left: 0 cm, First line: 0 cm, Adjust still has access to considerable funds. However, I have been considering the space between Latin and Asian text, Adjust space period of time leading up to the settlement in 2004. The Council must be judged on between Asian text and numbers the reasonableness of its actions at that time and not with the benefit of hindsight. Formatted: Indent: First line: 0 cm, Adjust space The question is, did it, in all the circumstances that prevailed at the time, make a between Latin and Asian text, Adjust space between reasonable recovery of the monies due to Westminster's taxpayers? Asian text and numbers
Formatted: Indent: Left: 0 cm, Adjust space between I am satisfied that it did. In my view, it is now time to bring this matter to a close Latin and Asian text, Adjust space between Asian text and move on from the past. and numbers
Formatted: Adjust space between Latin and Asian Les Kidner text, Adjust space between Asian text and numbers District Auditor 15 March 2007 Formatted: Left
Council Agenda 182 JulyMay 2007 65 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: APPENDIX 2 Margin
CITY OF WESTMINSTER
PUBLIC INTEREST REPORT RE: SETTLEMENT WITH DAME SHIRLEY PORTER AND OTHERS
SUMMARY OF DECISION PURSUANT TO SECTION 12 OF THE AUDIT COMMISSION ACT 1998
On 15 th March 2007 the District Auditor published a public interest report concerning his rejection of certain objections to the City Council’s accounts for the year 2003/4.
The subject matter of the report concerns objections to the City Council’s accounts for 2003/4 following a settlement of £12.3 million agreed with Dame Shirley Porter and others in April 2004 in respect of sums she had been ordered to pay the City Council by way of “surcharge”, interest and costs in relation to the so called “homes for Votes” affair. The total sum due at the time of the settlement was in the order of £44 million and the objection was made on the basis that the City Council had failed to recover the full amount due.
The main conclusions of the Public Interest report are:-
(1) That the Council acted reasonably in the recovery action that it took.
(2) That a reasonable settlement was agreed in the circumstances.
(3) That whilst recognising that the objectors strongly believe the Council has Formatted: Indent: Left: 0 cm, First line: 0 cm been deficient in its pursuit of Dame Shirley Porter since the surcharge was imposed, this belief is “misguided and simply wrong”.
(4) That it is now time to bring this matter to a close and move on from the past.
The City Council has noted the District Auditor’s findings and his rejection of the objection and agrees with his conclusions.
Council Agenda 182 JulyMay 2007 66 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE CABINET ON 16 APRIL 2007 Margin
The following Members of the Cabinet were present:
Councillors: Sir Simon Milton - Leader of the Council Formatted: Tab stops: Not at 3 cm + 7 cm Colin Barrow - Deputy Leader and Cabinet Member for Finance and Support Services Robert Davis - Chief Whip and Cabinet Member for Planning Ian Adams - Cabinet Member for Health and Adult Social Services Daniel Astaire - Cabinet Member for Customer and Community Services Alan Bradley - Cabinet Member for Street Environment Danny Chalkley - Cabinet Member for Economic Development and Transport Angela Harvey - Cabinet Member for Housing Audrey Lewis - Cabinet Member for Community Protection and Licensing Sarah Richardson - Cabinet Member for Children’s Services
Also Present: Councillors Alastair Moss and Barrie Taylor
The following paragraphs refer to issues upon which the Cabinet took executive decisions:
1. Annual Audit and Inspection Letter Formatted: Tab stops: Not at 1.25 cm + 7 cm Formatted: Tab stops: Not at 3 cm + 7 cm (a) We have considered a report on the Auditor’s Annual Audit and Inspection Letter. The Annual Letter provides an overall summary of the Audit Commission’s Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 1.25 cm + 3 cm + 7 cm assessment of the Council, based on its work during the course of the year. The key elements being: the audit of financial statements; the annual governance report; and the use of resources assessment. The Letter has been circulated to all Members of the Council. Formatted: Tab stops: Not at 3 cm + 7 cm (b) Les Kidner, the Council’s relationship manager and Auditor, and the Audit Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab Manager, Martin Searle, attended our meeting. Mr Kidner introduced the stops: Not at 1.25 cm + 3 cm + 7 cm Annual Letter which amounted to a very positive report on the Authority. The City Council is judged as providing good value for money and is assessed as improving strongly. In addition all service scores are good or excellent. The Auditor has given an unqualified opinion on the Council’s statement of accounts and pension fund for the year ended 31 March 2006 and, last month, issued a public interest report on his decision not to uphold the objection to the Council’s 2003/04 accounts. (NB: This is the subject of a separate report on the Council agenda). Formatted: Tab stops: Not at 3 cm + 7 cm
(c) Arising from his work the Auditor had identified two key actions for the Council Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab relating to (i) services provided through contracts with third parties and (ii) the level of stops: Not at 1.25 cm + 3 cm + 7 cm
Council Agenda 182 JulyMay 2007 67 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: balances. Mr Kidner informed the Cabinet that, in both cases, he was satisfied with Margin the response provided by the Director of Finance and Resources. Formatted: Tab stops: Not at 3 cm + 7 cm (d) Councillor Colin Barrow, Deputy Leader and Cabinet Member for Finance and Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab Support Services, thanked the Auditor for his report and for attending the meeting. stops: Not at 1.25 cm + 3 cm + 7 cm He also paid tribute to the Finance and Resources Department and to staff across the Council whose efforts had resulted in such a positive Annual Letter from the Auditor. Formatted: Tab stops: Not at 3 cm + 7 cm
2. Strategic Review 2007/08 Formatted: Tab stops: Not at 1.25 cm + 3 cm + 7 cm (a) We have considered the annual Strategic Review report reviewing Formatted: Tab stops: Not at 3 cm + 7 cm achievements over the past year and setting out the City Council’s priorities over the Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab next 12 months taking account of the Leader’s Speech to the Council on 7 March stops: Not at 1.25 cm + 7 cm 2007. Formatted: Tab stops: Not at 3 cm + 7 cm (b) 2006/07 was another year of remarkable achievement for the City Council. Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab The Audit Commission confirmed Westminster’s status as a 4 star council and one stops: Not at 1.25 cm + 3 cm + 7 cm that is improving strongly and the Council increased its “Use of Resources” and “Value for Money” scores. Formatted: Tab stops: Not at 3 cm + 7 cm (c) Major improvements have come about through the One City programme and, Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab via Worksmart, the Council has begun to unlock the resources necessary to deliver stops: Not at 1.25 cm + 3 cm + 7 cm the One City ambition. Formatted: Tab stops: Not at 3 cm + 7 cm (d) 2007/08 is the second year of “One City”, and the projects announced in the Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab Leader’s Speech will ensure that Westminster continues in its ambition to lead the stops: Not at 1.25 cm + 3 cm + 7 cm field in world-class city management. We have received details of the 18 new projects announced in the Leader’s Speech that will take forward the One City vision. These are grouped under the four underpinning themes of One City - Order, Opportunity, Enterprise and Renewal. Formatted: Tab stops: Not at 3 cm + 7 cm (e) We have endorsed the Strategic Review and agreed the government relations, Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab consultation and communications programmes which will support the delivery of the stops: Not at 1.25 cm + 3 cm + 7 cm Council’s priorities. Formatted: Tab stops: Not at 3 cm + 7 cm (f) As part of the next steps, individual Cabinet Members, in consultation with Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab Overview and Scrutiny Committees, will consider how to address the priorities and stops: Not at 1.25 cm + 3 cm + 7 cm financial prospects as part of the ongoing corporate performance management cycle. Formatted: Tab stops: Not at 3 cm + 7 cm (g) Finally, we have noted that proposals for a City-wide neighbourhoods model Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab covering governance, management and engagement will be coming forward later in stops: Not at 1.25 cm + 3 cm + 7 cm the year. Options for devolving management to a neighbourhood level will also be developed, starting with Church Street Market, and we have agreed that a governance group should be established comprising a number of different stakeholders to take this work forward.
3. Every Older Person Matters Formatted: Tab stops: Not at 1.25 cm + 3 cm + 7 cm
Council Agenda 182 JulyMay 2007 68 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin (a) The Leader in his annual speech to the Council in March 2006 announced an Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab Every Older Person Matters programme of action to be based on helping older stops: Not at 1.25 cm + 3 cm + 7 cm people achieve better outcomes, including improved health and quality of life, more personal choice and control, personal dignity and the chance to make a positive contribution taking a whole Council approach as well as a partnership with health, police and the voluntary sector. Formatted: Tab stops: Not at 1.25 cm + 3 cm + 7 (b) A great deal of progress has been made over the past year to establish the cm Every Older Person Matters agenda across the full range of Council functions. An Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab Older People’s Board, led by Councillor Ian Adams, the Cabinet Member for Health stops: Not at 1.25 cm + 3 cm + 7 cm and Adult Social Care, has been meeting with service department leads and a series of new services and commitments to be delivered over the course of One City have been developed and consulted upon for implementation over the life of the corporate One City strategy. Formatted: Tab stops: Not at 1.25 cm + 3 cm + 7 (c) Every Older Person Matters represents an opportunity to mainstream services cm for older people, and to raise the profile of specific service needs across the Council. Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab The approach also presents the Council with a real opportunity to make a significant stops: Not at 1.25 cm + 3 cm + 7 cm impact on the preventative agenda, in line with future NHS spending priorities and the White Paper on the Future of Community Care. By helping older residents to maintain healthy and active lifestyles for longer, their overall quality of life can be sustained and improved and the need for costly social care services in future can be mitigated. Formatted: Tab stops: Not at 1.25 cm + 3 cm + 7 (d) We have adopted Every Older Person Matters as Council policy and have cm agreed the targets and deliverables presented to us for inclusion in service business Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab plans for 2007/08 and as the basis for further work over the life of One City. stops: Not at 1.25 cm + 3 cm + 7 cm Formatted: Tab stops: Not at 1.25 cm + 3 cm + 7 cm 4. Gender Equality Scheme
(a) As a result of the Equality Act 2006 the City Council, like all public authorities, Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab has a specific duty to produce and publish a Gender Equality Scheme by 30 April stops: Not at 1.25 cm + 3 cm + 7 cm 2007, setting out how it intends to deliver its duties under the Act. Formatted: Tab stops: Not at 1.25 cm + 3 cm + 7 (b) We have considered a Policy Statement setting out how the Council intends to cm meet its duties under the Equality Act 2006. Two action plans have been drafted Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab setting out how the City Council will fulfil its specific duties. The first action plan stops: Not at 1.25 cm + 3 cm + 7 cm outlines the steps the Council will take to promote equality for men and women who work for the Council. The second action plan outlines the steps the Council will take to promote equality for men and women accessing the Council services. These action plans are embedded in the Council’s business planning process for 2007/08. (c) The Chief Officers’ Diversity Group will monitor progress on a six-monthly basis and progress will be reviewed each year with active participation by both internal and external shareholders, in line with statutory requirements. Formatted: Tab stops: Not at 1.25 cm + 3 cm + 7 (d) We have approved, subject to certain revised wording suggested during our cm discussion of this issue, the Gender Equality Scheme 2007/10.
Council Agenda 182 JulyMay 2007 69 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: Margin
SIR SIMON MILTON, Chairman
______Formatted: Left, Tab stops: Not at 1.25 cm + 3 cm + 7 cm Formatted: Tab stops: Not at 1.25 cm + 3 cm + 7 Local Government (Access to Information) Act, 1972 – Background Papers cm
Reports and Minutes of the Cabinet meeting held on 16 April 2007
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Council Agenda 182 JulyMay 2007 70 Formatted: Right: 0.63 cm Formatted: Position: Horizontal: Center, Relative to: REPORT OF THE COMMITTEE OF THE CABINET ON 11 APRIL 2007 Margin Formatted: Font: Arial Bold, 12 pt The following Members of the Committee were present:
Councillors: Sir Simon Milton and Sarah Richardson Formatted: Tab stops: Not at 3.25 cm + 7.75 cm + 8.75 cm
1. Building Schools for the Future (BSF) Procurement Process – Evaluation of Bidders’ Responses and Invitation to Submit Final Tenders
2.1.2We noted the results of the Invitation to Continue the Dialogue evaluation Formatted: No bullets or numbering process and agreed that both Bidders should be invited to submit final tenders. Formatted: Bullets and Numbering
(b)We noted that, in order to keep to the agreed timescales, it was important for the Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 1.25 cm Invitation to Submit Final Tenders to be issued on the target date. However, we agreed that the invitation could initially be issued in draft. Formatted: Normal, No bullets or numbering Formatted: Bullets and Numbering (c)We authorised the Chief Executive to agree the proposed arrangements for the Formatted: Normal, Indent: Left: 0 cm, First line: 0 Local Education Partnership. cm, Tab stops: Not at 1.25 cm
Formatted: Normal, No bullets or numbering 2.1.7We agreed the transfer of part of the St Marylebone site and the granting of a long lease of the Lanark Road site to the Trustees of St George’s RC School; and ; Formatted: Bullets and Numbering noted the position in relation to the potential for disposal of residential provision at Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab Blandford Street. stops: Not at 1.25 cm Formatted: No bullets or numbering (e)We agreed that Bidders should be instructed to submit a Mandatory Variant Formatted: Bullets and Numbering Tender to include connection to the Pimlico District Heating Undertaking, in addition to their standard Tender, in order that we may consider the relative costs and Formatted: Indent: Left: 0 cm, First line: 0 cm, Tab stops: Not at 1.25 cm benefits, including the environmental benefits, for a future decision on the way forward. Formatted: No bullets or numbering Formatted: Bullets and Numbering
SARAH RICHARDSON, Chairman Formatted: Normal, Indent: Left: 0 cm, First line: 0 cm ______Formatted: Normal, Left
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Local Government (Access to Information) Act 1972 – Background Papers Formatted: Normal, Indent: Left: 0 cm The agenda and reports for the Committee of the Cabinet Meeting on 11 April 2007
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