Minutes Template

Derry City and Strabane District Council

Minutes of Meeting of the Derry City and Strabane District Council held in the Guildhall, Derry on Thursday 26 September 2019 at 4.00 pm

Present:- Councillor M Boyle (Mayor)(In the Chair); Aldermen Bresland Devenney, Guy, Kerrigan, McClintock, McKane and Warke; Councillors J Barr, R Barr, J Boyle, Burke, Carr, Cooper, Dobbins, Donnelly, Duffy, Durkan, Farrell, Ferguson, Fleming, Gallagher, Harkin, Hunter, Jackson, Kelly, Logue, McCann, McCloskey, McGuire, McHugh, J McKeever, McKinney, Mellon, Reilly and Tierney

In Attendance:- Director of Business and Culture (Mr S Gillespie), Director of Health and Community (Mrs K McFarland), Director of Environment and Regeneration (Mrs K Phillips), Lead Legal Services Officer (Mr P Kingston),Lead Democratic Services and Improvement Officer (Ms E Cavanagh), Democratic Services Officer (Mrs S Maxwell) and Committee Services Assistant (Mrs T Johnstone).

C226/19 Notice and Summons of Meeting

The Mayor read the Notice and Summons for the Meeting.

C227/19 Member Attendance and Apologies

The Mayor completed the roll call and recorded apologies from Aldermen McCready and Ramsey and Councillors Cusack and McLaughlin.

C228/19 Webcasting Notice

The Mayor read the Webcast Announcement for the Meeting.

C229/19 Declarations of Members' Interests

Councillor Ferguson declared a non-pecuniary interest in the following;  Notice of Motion – 5G Wireless. 2

Councillor Cooper declared a non-pecuniary interest in the following;  Deputation – Visit Derry.

Chairperson's Business

C230/19 Changes to Committee Membership

Unionist Party on Derry City and Strabane District Council, he wished to make the following changes to committee membership:

Alderman McKane to replace Alderman Guy on the Health and Community Committee.

Alderman Guy to replace Alderman Hussey on Governance and Strategic Planning Committee.

Alderman Guy to replace Alderman Hussey on the Cultural Steering Group, North West Region Development Group and Strategic Growth /Community Planning Partnership.

He stated that all other Committee memberships would remain unchanged and that Alderman McKane would replace Alderman Hussey on a like-for-like basis.

Councillor Duffy advised that Sinn Féin wished to make the following changes to Committee memberships:

Councillor Cooper to replace Councillor Fleming on the Advice Services Panel

Councillor Fleming to replace Councillor Cooper on the Adverse Weather Working Group.

Councillor Reilly advised that SDLP wished to make the following changes to Committee membership:

Councillor J Boyle to replace Councillor Tierney on the NILGA Policy and Learning Network - Elected Member Development. 3

Alderman McClintock advised that Alderman Devenney would replace Alderman Bresland on the Strabane Neighbourhood Renewal Partnership Board.

C231/19 Confirmation of the Open Minutes of the Meeting of the Derry City and Strabane District Council held on Thursday 18 July 2019

The Minutes of the Meeting of Derry City and Strabane District Council held on 18 July 2019 (C180/19-C219/19) were submitted.

Alderman Devenney Moved, Alderman Guy Seconded and the Council.

Resolved that the above Minutes be adopted, as a true record of the Meeting.

Matters Arising

C232/19 Graduate Entry Medical School at UU Magee (C186/19)

Councillor Reilly enquired if any update had been received in relation to the proposal to meet with the Derry University Group and other interested parties regarding the Graduate Entry Medical School at Magee. He stated that his Party had asked Ulster University to demonstrate their commitment to the Graduate Entry Medical School by relocating the Health Sciences Faculty to Magee Campus. He noted that it had emerged during a recent meeting of the Governance and Strategic Planning Committee that the university were intending to move some of its courses from the Jordanstown Campus, however they had not decided on a location. He stated that Derry was well placed to receive the Faculty of Health Sciences which would complement the proposed Graduate Entry Medical School. He proposed that Council writes to the Ulster University to make the case that they should relocate those courses within the Faculty of Health Sciences to Magee Campus. He stated that this would complement the proposed Graduate Entry Medical School.

Councillor Reilly Proposed, Seconded by Councillor J Boyle

That this Council writes to Ulster University and put forward the case to relocate those courses within the Faculty of Health Sciences to Magee Campus.

Councillors McCann and McCloskey entered the meeting at this point.

The Chief Executive referred to the meeting of the Governance and Strategic Planning Committee on 2 July 2019, where the Provost and senior members of staff at Magee presented on the City Deal Update. He advised that the Vice Chancellor of Ulster University would be attending the meeting of Governance and Strategic Planning on Tuesday 1 October 2019 to discuss proposals in relation to Magee.

Councillor Harkin enquired if there had been any update regarding a meeting with the Derry University Group or any other interested parties. He stated that there had been a lot of media coverage on the matter and emphasised the importance of putting more pressure on Ulster University and the Department.

In response, the Chief Executive stated that following the motion proposed and adopted by Council on 18 July 2019, Senior Officers had been tasked with drafting a scoping paper to include the options outlined in the proposal and to meet with the various interest groups throughout the City and District. He advised that a report would be presented to the relevant committee on the matter.

Councillor Harkin stated that time was of the essence and stressed the importance of the scoping exercise being carried out as soon as possible within a limited timeframe.

The Chief Executive noted the comments in respect of the matter. He described the notice of motion as ‘wide ranging’, therefore the quality of the scoping paper would be determined on the time and resources available to 5

produce it. He stated that it was his intention to bring a report to Members within the next number of months.

Councillor McCann concurred that it was important that Council engaged with other interested groups on the matter as there had been no indication by Ulster University to redress the balance against Derry and the North West. He stated that no money had been dedicated to the expansion of Magee Campus or the Graduate Entry Medical School. He noted that the Head of the Civil Service stated that the resources required for any expansion at Magee would have to be found by Ulster University. He expressed concern that Ulster University would not agree to fund the school and that Council should take a firm view on the matter.

Councillor McKeever entered the meeting at this point.

C233/19 Notice of Motion - NIPSA (C214/19)

Councillor Harkin noted that NIPSA had organised recent strike action for better working terms and conditions, however the matter still had not been resolved. He stated that more strike action was planned on September 30 and October 3 2019 by NIPSA across the North. He asked for an update regarding the request for correspondence to be sent to the Permanent Secretary for the Department of Finance. He stated that it was Council’s corporate policy to support strike action until a resolution had been found. The Chief Executive advised that a response had been received from the Permanent Secretary and was included in the meeting papers.

C234/19 Adoption of the Open Minutes of the following Committees

C235/19 Special Planning Committee held on Thursday 22 August 2019

The Minutes of the Planning Committee held on 22 August 2019 (SP6/19-SP7/19)

Alderman McClintock Moved, Seconded by Councillor McGuire and the Council

Resolved that the above minutes be adopted as a true record of the Meeting.

a Monthly Governance and Strategic Planning Committee held on Tuesday 3 September 2019

The Minutes of the Governance and Strategic Planning Committee held on 3 September 2019 (GSP90/19-GSP114/19) were submitted. On a matter of accuracy, Councillor J Boyle referred to GSP104/19 and stated that the item in the minutes had referred to the removal of bullet point 3, however it should actually say bullet point 4. Councillor J Boyle Moved, Councillor McKeever Seconded and the Council

Resolved that the above minutes, as amended, be adopted as a true record of the meeting.

Matters Arising from the Minutes

C236/19 Update on the Strategic Growth Partnership - June 2019 (GSP111/19)

Councillor Gallagher expressed concern regarding a potential crisis within the Outer West area of Council which may impact on the delivery of the Council’s community plans. He proposed that a task group be set up by the Health and Community Directorate to look at the potential crisis and that Council officials, Elected Members, the Department for Communities and the Chairperson of the Assurance, Audit and Risk Committee be invited to attend. He stated that Council as a partner within the Outer West Neighbourhood Renewal Partnership, needed to take steps to address the matter to enable the community plans and strategies to progress. Councillor Donnelly stated that as Chair of the Assurance, Audit and Risk Committee he had spoken to officers on the matter. He stated that the issue related to an Outer West Limited Company, who acted as a management agent for the Outer West Neighbourhood Renewal Partnership. He advised that a number of issues had been raised regarding a recent internet scam. 7

Councillor Duffy informed Members that the matter was currently under investigation. After seeking advice from the Lead Legal Services Officer, the Mayor advised that the Department for Communities were currently investigating the matter and that Council would not prejudice the investigation as there may be ramifications for Council or individual Members. She advised that the matter be raised through the Health and Community Committee. Councillor Gallagher stated that the matter related to the Department for Communities issue of tenders to neighbourhood renewal and community planning groups. He stated that the tenders had been withdrawn which resulted in the cessation of crucial services being delivered within those areas. He proposed that the Health and Community Directorate set up a task group to look at issues within the Outer West Neighbourhood Renewal Partnership with a view to a resolution on the matter. The above proposal was seconded by Councillor Durkan. Councillor Duffy suggested that officers bring a report on the matter to a future meeting of the Health and Community Committee to enable Members to make a more informed decision on the matter. Councillor Gallagher Proposed, Seconded by Councillor Durkan That the Health and Community Directorate set up a task group to look at issues within the Outer West Neighbourhood Renewal Partnership. After voting by a show of hands the result was unanimous and the Council Resolved that the Health and Community Directorate set up a task group to look at issues within the Outer West Neighbourhood Renewal Partnership.

C237/19 Report on Meeting Times (GSP103/19)

Councillor Farrell referred to a proposal put forward by him at the Committee meeting on 3 September 2019 to change meeting times. He advised that after research carried out by the Committee Section, it was established that Derry City and Strabane District Council had the 8 earliest meeting times out of all eleven councils. He noted that at the meeting of the Governance and Strategic Planning Committee, he proposed no change to the start time of the Planning Committee and Council, however he proposed that all other committees commence their meetings at 6pm. He stated that although there may be some impact for staff and Elected Members, he felt that the time changes would result in meetings becoming more open and inclusive. Councillor Farrell Proposed, Seconded by Councillor Tierney That in the future meeting times in respect of monthly Council and Planning Committee Meetings remain the same, however monthly Committee Meetings begin at 6pm. Alderman McClintock stated that the DUP would not support the proposal. She stated that whilst some Elected Members had other forms of employment there were those who had other Council commitments in the evenings. She stated that Members were also trying to achieve a work/life balance. She advised that agreement had previously been reached on the 4pm meeting start in as the best compromise to attempt to get a balance between those who have commitments in the evening and during the day. She stated that newly Elected Members would have been aware when they were elected as councillors that meetings commenced at 4pm. She stated that the DUP believed that the meetings at the present time were the best compromise solution and would strongly oppose any attempt to change them because of individuals who had other work commitments. Councillor Duffy concurred with the sentiments expressed by Alderman McClintock. She stated that Sinn Féin would contend that committee meeting times stayed at 4pm as it was the most suitable option for those with caring responsibilities and also constituency issues. She stated that it was in line with union recommendations and Council’s Supporting People in the Workplace Charter. Councillor J Boyle stated that the proposal was put forward to accommodate members of the public who may wish to attend council meetings. He felt that members of the public should be given the opportunity to attend meetings and share in debates if they wished. 9

He further stated that the meeting times should be subject to change in the future as it could also prevent potential candidates from coming forward. The Mayor stated that she shared the sentiments expressed by Sinn Féin on the matter. She stated that Council had signed up to the Supporting People in the Workplace Charter, which included ethical issues regarding supporting people within employment. She stated that those who wished to sit in the public gallery to listen to debates were facilitated to do so and also have the opportunity to view Council meetings on the webcast. She stated that a wider review was necessary on the matter especially regarding the duration of meetings. She felt that in her opinion, the 4pm start was the most appropriate option. She stated that she also concurred with remarks made by Alderman McClintock and that although some Members had other forms of employment, the role of Elected Member was an important one. Councillor Gallagher referred to the length of time for meetings and stated that the meeting times should not be changed to 6pm. He stated that in the previous Council term the 4pm start had worked effectively and that it should not be changed. Councillor Farrell Proposed, Seconded by Councillor Tierney That in the future meeting times in respect of monthly Council and Planning Committee Meetings remain the same, however, monthly Committee Meetings begin at 6pm.

After voting by a show of hands the result was as follows: For the proposal - 11; Against - 23; Abstentions – 2. The Proposal Fell.

C238/19 A5/N2 Cross Border Corridor (GSP99/19)

After a request from Councillor Reilly on the matter, the Chief Executive referred to the Annual Meeting held on 20 May 2019, minute reference AM12/19 Nomination to External Bodies using the D’Hondt System. He advised Members of the resolution that, ‘in order to promote equality across its Elected Members and when seeking 10 nomination to External Bodies, the Council uses the system of D’Hondt in relation to all positions across all External Bodies and that they are collectively identified and filled using the formula set out in Schedule 1 of the Northern Ireland Government Act 2014.’ He stated that in relation to Schedule 1 part 1 paragraph 6, the guidance advised to continue where the system left off in respect of rolling D’Hondt. He stated that as he advised at the Governance and Strategic Planning Committee held on 3 September 2019, the next available position was at 214. He further advised that the four positions to the A5/N2 Cross Border Corridor Working Group would therefore be allocated as follows: Position 214 Ulster Unionist Party (UUP) Position 215 People Before Profit (PBP) Position 216 Alliance Position 217 Sinn Féin (SF). In response, to a query by Councillor Reilly regarding deputations to Ministers, the Chief Executive advised that they were not external bodies therefore would be treated on an individual basis. The following nominations were then made to the A5/N2 Cross Border Corridor Working Group: Alderman McKane UUP, Councillor McCann PBP, Councillor Ferguson Alliance and Councillor McGuire (SF). Alderman McClintock enquired if only four Members were permitted to sit on the committee. The Chief Executive confirmed that was the current position, however if the view of Council was for more Elected Representatives to become members on that particular committee, an enquiry could be made to Fermanagh and Omagh District Council. Councillor Reilly emphasised the importance for Council to seek further nominations to the group to allow the fullest political representation, given that it was such a huge issue for people living across the entire North West. Councillor Reilly stated that there may be other councils also nominating to the body who faced a similar issue. He suggested that those nominated attend the first meeting of the new body to establish if other councils had encountered similar issues. He stated that within the Terms of Reference in the new body it may permit additional members from the various councils.

C239/19 Lighting of Council Facilities (GSP104/19)

Councillor Duffy stated that although she was not a Member of the Governance and Strategic Planning Committee, she had voiced her opposition on the decision that was taken on the matter. She stated that Elected Members were tasked to speak on behalf of constituent’s interest groups, charities and others contacting Members on occasion who sought to highlight or raise awareness on a particular issue or campaign and request the lighting up of Council facilities. She stated that by presenting those requests as motions to Council gave Members a better understanding of the reasons and sentiments behind the requests. She stated that endorsement of the decision would remove a mechanism which the public had to raise awareness on issues via the Council. She opposed the decision taken by the Committee that any future requests for the lighting up of Council facilities be submitted in writing to the Mayor and asked that the matter be reviewed. The Mayor stated that she felt that it was a matter for Members to take forward and was not solely a decision for the Mayor. Councillor Duffy Proposed, Seconded by Councillor Jackson. That Council maintain the ability for motions to light up Council facilities to be presented to Council.

The Chief Executive stated that it was his understanding that the committee recommended that bullet point 4 of the report ‘Lighting proposals advanced via a Motion of Council will not require the Mayoral approval. In these instances, the cost of lighting will be borne out of the corporate budget’ be removed. However, the proposal on the floor would indicate that the report would be endorsed in its entirety with the inclusion of bullet point 4. Councillor Gallagher stated that the proposal was requesting that Council edit recommendations made at committee rather than adopting these. He outlined that the purpose of Council was to adopt the minutes of committee meetings. He stated that on previous 12 occasions proposals were made for Members not to adopt a certain section of committee minutes. He expressed his concern that editing a recommendation may set a precedent going forward. Councillor Duffy thanked the Chief Executive for his clarification on the matter. She stated that the purpose of Council was to ratify recommendations taken at committee meetings and also gave all Members the opportunity to discuss committee recommendations. Alderman McClintock stated that although she was a member of the Governance and Strategic Planning Committee and had voted on the matter, the purpose of full Council was to ratify or otherwise the recommendation that had been made. She stated that Members did not wish to silence anyone who wanted to light up Council facilities for a good cause, however Council was lighting up the buildings so often that the intended result was not as effective as it once was. She further stated that although Members had a duty to bring forward queries from constituents, they could also submit a written request as there were too many ‘pop-up’ motions being submitted. She stressed that Council needed a clear way forward on how people would submit a request to have the facilities lit up. Councillor Mellon felt that it was contradictory to say that Council were not going to silence constituents but then seek to remove this method of having their voices heard. She added that the frequency of requests successfully demonstrated how people could highlight worthwhile causes. Councillor Duffy referred to previous remarks by Alderman McClintock referring to the requests as ‘pop- up’ motions, she clarified however that these motions were included in the meeting papers for Council well in advance of the meeting. She described the language used at committee where those particular causes were described as ‘pet projects’ as insulting to those who had requested their cause be highlighted by Council. Councillor Harkin stated that when the matter was discussed at committee, he opposed the recommendation. He stated that it should not be left to the whim of a Mayor to make decisions on the matter as they may not support certain issues that come before them. 13

Councillor Donnelly concurred that Council was the appropriate arena for Members to debate on matters and for decision making. He stated that Members were elected from different backgrounds and communities therefore such matters it should be discussed at full Council. Councillor Ferguson concurred with the remarks made by the previous speakers. She referred to the previous comments regarding submitting a written request and reiterated that motions were submitted in writing at least one week before a meeting. The Mayor stated that her office and the office of former Mayor’s was frequently inundated with requests, some of which could not be accommodated. She stated that there would be some items that she would feel passionate about and wish to support, however due to circumstances beyond the control of Mayor, it may not have been possible to facilitate all requests. In her opinion it was not for the incumbent Mayor to deal with such requests. Councillor J Boyle stated that whether a request was submitted to the Mayor’s office or by a notice of motion, it did not mean that it would be accepted due to the number of requests made. He advised that the Governance and Strategic Planning Committee had attempted to decide on the fairest option. Councillor Tierney requested a short recess to discuss the matter further. Councillor Duffy proposed, seconded by Councillor Jackson That Council maintain the ability for motions to light up Council facilities to be presented to Council.

After voting by a show of hands the result was as follows: For – 27; Against – 0; Abstentions – 7. The Proposal was therefore carried and the Council Resolved That Council maintain the ability for motions to light up Council facilities to be presented to Council. a Monthly Planning Committee held on Wednesday 4 September 2019 14

The Minutes of the Planning Committee held on 4 September 2019 (P94/19-P112/19) were submitted. Councillor J Barr Moved, Seconded by Alderman McClintock and the Council Resolved that the above minutes be adopted as a true record of the Meeting

Matters Arising from the Minutes

C240/19 Planning Application LA11/2018/0817/0 (P102/19)

The Mayor in response to Councillor Kelly advised that a response had not been received to date.

C241/19 Special Meeting of the Planning Committee

The Lead Legal Services Officer advised that Members of the Planning Committee would have received a holding date for a Special Meeting on Monday 21 October 2019. He advised that the full Council meeting would be held on 24 October, therefore the minutes would not be circulated with the initial agenda and associated papers, nor would Council be able to comply with the usual requirement that the minutes be submitted seven days prior to the meeting. He asked Members, if the meeting proceeded, that the requirement be disapplied and the minutes be submitted late but before the Council meeting. Councillor McGuire Proposed, Seconded by Alderman Devenney and the Council Resolved That the minutes of the Special Meeting of the Planning Committee to be held on Monday 21 October 2019 to be submitted as a late paper to be ratified at the Council meeting on Thursday 24 October 2019.

a Monthly Business and Culture Committee held on Tuesday 10 September 2019

The Minutes of the Business and Culture Committee held on Tuesday 10 September 2019 (BC105/19 – BC127/19) were submitted. On a matter of accuracy, Alderman McClintock referred to BC115/19. She stated that discussions had taken place regarding on street car park enforcement. She stated that she had specifically made reference to the electric charging points, particularly those at the Diamond and Carlisle Road which had been out of order for some time. She stated that as it was a cross directorate issue and had asked if Council were prepared for an increase of the use of electric cars in the future and asked the Director of Business and Culture if he would lead on the matter. However her comments had not been referenced in the minutes. On a further matter of accuracy, Councillor Farrell referred to BC120/19. He stated that when the matter had been raised initially he asked the Head of Culture if any feedback had been received from government departments regarding an ongoing maintenance budget for public art. He then subsequently proposed to defer the decision on a Stitch in Time until a response was received. He stated that he had also asked for a specific funding request to be made to the Department for Communities for a Stitch in Time, however his comments been omitted from the minutes. Councillor J Barr Moved, Seconded by Councillor Farrell and the Council Resolved that the above minutes, as amended, be adopted as a true record of the Meeting

Matters Arising from the Minutes

C242/19 'Stitch in Time' and 'Celebrate' Public Artwork (BC120/19)

Councillor Cooper stated that he had been contacted by organisations and members of the public seeking assurance that the Stitch in Time artwork would remain on site at the former Rosemount Factory. He stated that he had met with officers from the Business and Culture Directorate to discuss the matter. He reported that a scoping exercise had to take place to determine what maintenance and repair work would be required at the 16 installation. He proposed that on the basis of those discussions that the item be deferred until a further report is brought to Council on the matter which would hopefully allow the structure to remain on the roof. Councillor Harkin stated that Council should not accept the recommendation by the committee to have the artwork decommissioned. He explained that although people held different views regarding the quality of the artwork on the roof of the former Rosemount Factory, many were shocked to hear of the recommendation to have it removed. He stated that it had to be accepted that former attempts by Council to honour the factory workers of the city with a monument had been unsuccessful. Therefore, a Stitch in Time was the only recognition to those workers and their contribution to the city over the years. He proposed that funding be found to enable the structure to remain in place. He added that the only suitable reason for its removal was if an alternative way to properly honour the factory workers was established. Councillor Jackson referred to comments made by Councillor Harkin. He stated that Sinn Féin would welcome this approach however, his party colleague, Councillor McCann had previously expressed the view that the artwork lacked imagination, adding that he did not see the point of the feature on a building. Councillor Farrell stated that he had originally made the proposal put forward by Councillor Cooper, however it had been omitted from the minutes. He stated that he welcomed that Sinn Féin and People Before Profit now held a similar position on the matter. In response to a query by Councillor Reilly, the Director of Business and Culture advised that as part of the recommendation to the Business and Culture Committee on 10 September, it had been agreed to meet with Artichoke as the commissioned company, the artists and any relevant government departments. He stated that those discussions were ongoing. He advised that officers had spoken to the Department for Communities who were keen to ascertain how they could assist in the matter regarding a Stitch in Time. He stated that a report would be brought to committee to consider the various options going forward. 17

Continuing, he outlined that work towards commissioning a piece to commemorate the City’s industrial heritage in particular the factory workers was progressing and an update would be provided at a future meeting of the Business and Culture Committee. Councillor Cooper Proposed, Seconded by Councillor Fleming That Council agree that the item be deferred until a further report is brought to Council on the matter which would hopefully allow the structure known as a Stitch in Time to remain in place. After voting by a show of hands the result was as follows: For – 34: Against – 1: Abstentions – 1. The Proposal was therefore carried and the Council Resolved That Council agree that the item be deferred until a further report is brought to Council on the matter which would hopefully allow the structure known as a Stitch in Time to remain in place. Councillor McCann stated that he made his recent remarks regarding the cultural and artistic value of the Stitch in Time artwork and had not changed his mind on the matter. He further stated that People Before Profit did not have a party line on cultural aesthetics. He remarked that his Party wished to have a more appropriate testament to commemorate the factory workers of the city. He noted that in the nineteenth century, women from the city and beyond were at the cutting edge of the trade union movement and that this was an enduring legacy which should be commemorated and suggested that a memorial be placed at the local trade union building. Councillor McCloskey concurred with the sentiments expressed by Councillor McCann. She stated that a Stitch in Time was a neon sign in need of costly repairs and described it as an unfitting memorial to the women and girls previously employed in factories throughout the years. She noted that the artwork was erected during the City of Culture year, therefore was not intended to be a permanent structure. She stated that something of substance needed to be done to commemorate the factory girls. 18

C243/19 Deputation: Visit Derry (BC108/19)

Councillor Gallagher referred to previous deputations to Council by Visit Derry wherein he had expressed his concern regarding the substantial funding from Council towards the organisation who did not extend their marketing strategy to the Strabane area. He stated that the rate payers from the Strabane area were paying as much money as those in the City and should be entitled to more than being simply included through the reference to the Council region. He then referred to a previous Mayor of Derry City and Strabane District Council who visited the United States to represent Visit Derry. He stated that photographs of the visit described him as the Mayor of Derry, with Strabane being omitted. He felt in his opinion that Visit Derry were of the opinion that Strabane was not worth marketing. He stated that people from the Strabane area were asking why the area was not being promoted. He further stated that it was known that tourism helped towards building growth in the economy and that Strabane deserved to have its fair share of Visit Derry’s tourist drive. Councillor Gallagher proposed seconded by Councillor R Barr That Council suspend funding to Visit Derry until they provide evidence of targeting tourism in the Strabane area. Alderman Devenney stated that he concurred with the sentiments expressed by Councillor Gallagher. He stated that he had attended the first meeting of the Strabane Neighbourhood Renewal Partnership were business people from the area had raised a number of concerns regarding the lack of tourism promotion for Strabane from Visit Derry. He stated that it was important to highlight Strabane as there were some wonderful historic buildings in the area. He suggested that businesses from the area meet with Council officers to find ways on how to promote Strabane as a tourist attraction. However, he stated that he did not agree with the proposal to suspend funding to the organisation. Councillor Cooper stated that in terms of the Strabane area as a tourist product, a lot of development needed to be undertaken in certain areas such as the Sperrins to 19 encourage visitors to stay longer. He advised that product development was not a role for Visit Derry but for Council, Tourism NI and other bodies. He stated that the funding request made at the meeting of the Business and Culture Committee was specifically towards destination marketing which involved promoting a product. He stated that there was a job of work in developing a tourism product for the Strabane area, however it was not the role of Visit Derry. He stated that Councillor Kelly stated at the committee meeting that applications to the Planning Committee for tourist accommodation had been refused in the past, which would also have an effect on visitor numbers to the area. He outlined that visitor numbers to the Sperrins had increased and also in Derry, however not to the same scale and that more work needed to be undertaken. Continuing, he stated that if funding to Visit Derry was suspended then the destination marketing programme for the entire city and district would cease. He referred to the presentation by Visit Derry where it was noted that visitor numbers had never been higher with the subsequent employment that this had created. He stated that the suspension of funding would be counter-intuitive and more discussions needed to take place with Visit Derry. In relation to the previous marketing campaign in the Sperrins area, he stated that some former tourist attractions no longer existed and the gaps had not been filled. He stated that discussions were needed with stakeholders from the Strabane area, accommodation providers and Tourism NI to ensure that a product was there to market and with the Planning Department to ensure that applications for accommodation were dealt with properly in future. Councillor Reilly stated that people would obviously have concerns regarding what was being spent in their area, however he felt that the proposal by Councillor Gallagher to suspend funding was not the correct way to proceed with the matter. He referred to the presentation by Visit Derry and stated that the organisation had highlighted all the good work carried out to attract more people to the region and were seeking additional funding to further market the city and region. He stated that the City’s largest tourism event would take place in a month’s time where the City was renowned for celebrating Halloween. 20

He stated that if a decision was made not to allocate funding to Visit Derry, it would be the wrong signal to the visitors who planned to visit the City next month. He stated that his Party would not be supporting the proposal, albeit there were other methods to raise these points with Visit Derry to ensure that people from the Strabane area were being heard. He stated that Councillor Gallagher had also previously raised issues regarding the Clipper and Maritime Festival which took place on and around the River Foyle, however the additional footfall and visitor numbers to the area had a large impact on the entire North West area. Councillor R Barr concurred with the sentiments expressed by Councillor Gallagher and the delegation from Visit Derry had assured him that their remit covered the Strabane and rural areas. However, not once during the presentation was Strabane or any of the rural areas mentioned. He stated that prior to his election onto Derry City and Strabane District Council, he had felt there was an imbalance with the funding between Derry and Strabane, with Strabane being the poor relation and he has not seen any evidence to convince him otherwise. The Mayor stated that as Mayor of Derry City and Strabane District Council, she did as much as possible to promote her home town of Strabane. She described that since being elected as Mayor she found that Visit Derry did a tremendous job in marketing the entire area as a visitor attraction. She stated that she had attended a recent meeting where a similar issue had been raised regarding how the people of Strabane could promote and market themselves better with the assistance of Council officers and Visit Derry. She stated that Council officers also carried out a lot of work to market and promote the entire district including Strabane, which was of significant importance to Council. She stressed that it was important that Strabane was given the due diligence it deserved. She described Strabane as a hidden gem amongst the other towns throughout the North West, with a lot to offer visitors to the area. However, she concurred with Councillor Gallagher that more could be done and that Visit Derry should encapsulate the entire district. She stated that she had discussions with Visit Derry who assured her that they did market the Strabane area, although maybe not as well as people thought they 21 should. She stated that it was up to visitors to the region to decide where they wished to go. She then stated that a further issue to consider was the lack of visitor spend to the area when they did stay. Councillor McGuire agreed with the remarks made by Councillor Gallagher and referred to the Mayor’s point that Strabane would need to market itself better and expressed concern at the amount of funding to market the city compared to a much lesser amount for Strabane and the rural areas. He referred to the recent North West Angling Fair held in Castlederg and stated that the area had one of the greatest rivers in the North of Ireland, hill walking activities and new walking trails, which were not sufficiently marketed by Visit Derry. Councillor Harkin thanked Councillor Gallagher for raising the issue and hoped that the Council would become more proactive in creating a situation of fairness. He stated that Strabane should not have to pull itself up by its own bootstraps and that Council could do more to help areas that did not have the investment to move forward. He referred to remarks made by Councillor Reilly and stated that whilst there was a boom in tourism, nothing had changed for the workers within the industry. He stated that there were new hotels throughout the city that reported full capacity during events such as Halloween, yet the employees were on the same wage as twenty years ago. He stated that citizens of Derry and Strabane had not seen any change to their lives even though the City has become a booming tourist industry. Alderman McKane stated that he agreed with the remarks made by Councillor Gallagher. He further stated that if there was a tourist bus going to Strabane he hoped it would also travel to Castlederg, as both areas had strong connections with famous people such as Woodrow Wilson and Davy Crockett. Councillor Gallagher thanked the Members who had supported his proposal. He stated that he had clearly asked for a suspension to funding to Visit Derry not to halt it entirely. He said that he put forward the proposal as the organisation had not acted on previous requests from Members to include Strabane and the rural areas in their marketing campaigns. He stated that it was important to have those issues raised with Visit Derry and 22

to also assure the rate payers that the matter was being addressed. Councillor Gallagher Proposed, Seconded by Councillor R Barr That Council suspend funding to Visit Derry until they provide evidence of targeting tourism in the Strabane area After voting by a show of hands the result was as follows: For – 9; Against – 23; Abstentions - 4. The Proposal therefore fell. Councillor Farrell stated that he recently attended a meeting of the Northern Ireland Museum Council and advised Members that the Tower Museum received two awards for accreditation status for the museum and that a member of staff received 100 percent in a Tourism NI mystery shopper visit. He added that the Museum had also been recently designated as dementia friendly. He congratulated the staff at the Tower Museum on their excellent service which should be acknowledged.

C244/19 North West Angling Fair 2019 (BC112/19)

Councillor McHugh expressed his gratitude towards the Council staff who were charged with running the highly successful event in Castlederg. He referred to the assessment report which was discussed at the meeting and stated that he wished to highlight some inaccuracies. He noted that the report had stated the reason that the event was relocated was because of flooding. He stated that this was not the case and that the event was not relocated. He advised Members that a few of the activities were located to the neighbouring St Eugene’s GAA Club, however this was not due to flooding. He stated that the Castle site was fully operational and had been used for casting events and other activities. He advised that the reason why the large marquee was relocated was due to the ground at the Castle site being uneven, therefore could not facilitate the marquee. He stated that the particular area was Council’s responsibility and asked that the matter be addressed. Continuing, he also expressed his gratitude to St Eugene’s GAA Club who showed enthusiasm when asked by Council to facilitate the marquee. He then referred to negative feedback contained within the report and stated 23

that as the area was hosting the event for the first time, minor problems would be experienced. He noted that traders had reported a decrease in sales and explained that this may be due to a trader who was closing down and selling his stock at a reduced rate at the event. He stated that it may have had an impact and asked that Council consider this for future events. Councillor McHugh then noted that the angling fair was scheduled to take place in Strabane in 2020 and wished it every success. He stated that whilst he endorsed the decision, he reminded Members of when the North West Angling Fair was created, and it was agreed that the event would be rotated to take place at various locations throughout the district.

a Monthly Environment and Regeneration Committee held on Wednesday 11 September 2019

The Minutes of the Environment and Regeneration Committee held on 11 September 2019 (ER158/19 – ER184/19) were submitted. On a matter of accuracy, Councillor Duffy referred to ER175/19 – Nomination to the Members Working Group on graffiti. She stated that Councillor Burke had been nominated, not Councillor Logue. Alderman Devenney Moved, Seconded by Councillor Tierney and the Council Resolved that the above minutes be adopted, as amended, as a true record of the Meeting

Matters Arising from the Minutes

C245/19 Green Infrastructure Plan Public Consultation Report (ER174/19)

Alderman McClintock noted that a report was to be presented to the Health and Community Committee regarding the Dog Control Strategy. She stated that it was important to have the strategy implemented as soon as possible as recently there had been major issues regarding incidents at Drumahoe District Park. She expressed concern that out of control dogs had attacked other dogs with some being seriously injured, which had 24

subsequently resulted in responsible dog owners refusing to return to the park. She stated that owners visited the park with their dogs, however they were unable to control them and this was a major issue.

C246/19 Play Plan Update (ER184/19)

Alderman Devenney referred to the very informative update on play provision. He noted that there were areas of very good play provision throughout the city and district with others that required refurbishment or areas with no play provision. He stated that he had recently attended a meeting of the Magheramason Steering Group regarding a play park for the area. He was informed at the meeting, that the landscape design team employed to carry out the work had gone out of business which had also effected other projects throughout the city and district. He proposed that a report be presented to the relevant committee containing the list of projects that have been affected due to the collapse of the design team. Councillor Devenney Proposed, Seconded by Councillor Reilly and the Council Resolved That a report be presented to the relevant committee containing the list of projects affected due to the collapse of the design team. Councillor Reilly stated that he had been contacted by constituents regarding Riverview Park at Abercorn Road. He stated that due to the growth of large trees in the area there was no longer a view of the river. He stated that it was his understanding that there had been issues regarding a boundary wall at the park and asked that a report be brought on the matter to a future meeting of the Environment and Regeneration Committee. Councillor Reilly Proposed, Seconded by Councillor Tierney and the Council Resolved That a report be brought to a future meeting of the Environment and Regeneration Committee regarding overgrown trees at Riverview Park. Alderman Bresland left the meeting at this point.

C247/19 Deputation - To receive Mr J Wright (Head of Regulations) and Mr K Wells (Team Manager), North West Regulations Team NIEA to give a Presentation on Anaerobic Digesters (Ref ER164/19)

Councillor McCann enquired if there had been any update regarding an invitation for a representative of the Department of Agriculture, Environment and Rural Affairs (DAERA) to speak to the relevant committee on anaerobic digesters.

In response, the Director of Environment and Regeneration advised that officers were in the process of organising a representative from DAERA to attend a future meeting of the Environment and Regeneration Committee and would furnish Members with the necessary information.

C248/19 Strathfoyle Greenway (ER165/19)

In response to a request from Councillor McCann regarding Strathfoyle Greenway, the Director of Environment and Regeneration advised that colleagues had recently met with the Department for Infrastructure (DfI) and the Department for Agriculture, Environment and Rural Affairs (DAERA) regarding the potential for funding towards Strathfoyle Greenway. She advised that a request would be submitted to the next meeting of the Capital Working Group to secure the required land for the project. Councillor Hunter left the meeting at this point due to Deputy Mayoral engagements.

a Monthly Health and Community Committee held on Thursday 12 September 2019

The Minutes of the Health and Community Committee held on Thursday 12 September 2019 (HC142/19-HC165/19) were submitted. Alderman Guy Moved, Seconded by Councillor Ferguson and the Council Resolved that the above minutes be adopted as a true record of the Meeting.

Matters Arising from the Minutes

C249/19 Nomination to Internal Bodies (HC152/19)

Councillor Farrell stated that at the Committee meeting he proposed that in terms of councillor representation on Council owned community centres, it should be implemented on a DEA basis, therefore each Councillor in the respective DEA was automatically a member of that committee. He stated that the matter had been deferred to enable all Members to discuss it at full Council. He stated that Councillors had been elected by those particular communities, therefore it was fair and proper that they sit on the community centres in the district electoral area which they represent. Councillor Farrell Proposed, Seconded by Councillor Tierney That Councillor representation on Council owned community managed centres, should be implemented on a DEA basis, therefore each Councillor in the respective DEA would automatically be nominated as a member of that committee. Alderman McClintock stated that whilst she understood the sentiments expressed by Councillor Farrell, if there were suddenly 7 Elected Representatives onto a particular local committee, it could be quite intimidating for those local members who had previously made decisions. A further issue could be that it may not fit with the constitution of a particular community centre. She stated that some of the smaller community groups had constitutions in place which outlined the number of representatives that could sit on a committee. She stated that a pre-piece of work should be undertaken and that a report be brought to a future committee meeting on the matter. She further stated that that the DUP had used their position on D’Hondt to secure her position on a Neighbourhood Renewal Partnership Group adding that if she had known that every elected member from that DEA would be invited to sit on the committee she could have used her D’Hondt position for something else. She suggested that a report be brought on how Council’s 27

process fitted with the constitution of the individual groups. The Chief Executive referred to Councillor Farrell’s proposal and advised that it would be contradictory to the recommendation of Council, therefore a rescinding notice of motion would be required in respect of the matter. He advised that Council had taken a decision in respect of rolling D’Hondt for such bodies and if Council were required to change that position a rescinding motion would be required. Councillor Duffy thanked the Chief Executive for providing clarity on the matter. She proposed that a report be presented to consider the issues and the number of representatives on each council owned, council managed community centres and those with no representation. Councillor Farrell stated that he was content to accept the proposal by Councillor Duffy. However, the report should clearly detail how the numbers were arrived at in terms of elected members on each community centre committee to ensure consistency. Councillor Duffy Proposed, Seconded by Alderman McClintock That a report be presented addressing the implications and options for Council Membership on Council owned community managed centres. After voting by a show of hands the result was unanimous and the Council Resolved That a report be addressing the implications and options for Council Membership on Council owned community managed centres.

C250/19 Notices of Motion

The Mayor advised that with regard to notices of motion, the Member proposing the motion would be permitted to speak on a Motion for a maximum of ten minutes, a seconder would also be given an opportunity to speak and Members will be permitted to speak once for a maximum of five minutes. The proposer would also have the right to reply to the debate. 28

Councillor Duffy referred to Standing Orders and the time permitted to Members to speak to notices of motion, which resulted in the July meeting of Council lasting for eight hours. She stated that there were a number of issues within Council’s Standing Orders which prevented business in the Chamber from progressing more effectively. The Mayor advised that Standing Orders were a set of procedures to provide efficient conduct of business in a timely and transparent manner. Councillor Duffy Proposed Seconded by Councillor Reilly That Council undertake a review of Standing Orders and how they are applied. After voting by a show of hands the result was unanimous and the Council Resolved That Council undertake a review of Standing Orders and how they are applied. Alderman McKane left the meeting at this point. Council then went into recess for a short period.

Notices of Motion

C251/19 Legal Protections from Unborn Children

Councillor McCloskey Moved, Seconded by Alderman Kerrigan

That this Council calls upon all elected MLAs to urgently set aside their differences on all other matters, and reconvene our devolved institutions, in order to prevent the removal of all legal protections from unborn children until the time of viability without the matter being legislated on by the Assembly.

The process which led to this section being passed into law by Westminster, although sought and lobbied for by some of our local MLAs, was deeply flawed, and has significant detrimental consequences for devolution, and for the people of Derry and Strabane District Council. 29

It undermines our already limited sovereignty, and the rights of people here to decide our own laws. It rides roughshod over the Good Friday Agreement, an international treaty, and makes a mockery of the democratic process.

And that this Council writes urgently to Secretary of State Julian Smith MP to indicate that this council opposes this legislation, calls for the legislation to be rescinded and demands that this issue be dealt with by the Assembly only.

Councillor Duffy stated that she had sought legal advice on the motion as she believed it bordered on a direct negative to the motion passed by Council on 27 June 2018 and 18 July 2019. She stated that she had been advised however that it was a competent motion. She maintained that however it was her belief that it contravened the existing corporate position of Council, voted on twice in the past 18 months.

After a request for a recorded vote from Alderman Kerrigan, the result was as follows:

For: Aldermen Devenney, Guy, Kerrigan, McClintock and Warke; Councillors J Barr, R Barr, J Boyle, Carr, Dobbins, Durkan, McCloskey and McKeever (13).

Against; Councillors M Boyle, Burke, Cooper, Donnelly, Duffy, Farrell, Ferguson, Fleming, Gallagher, Harkin, Jackson, Kelly, Logue, McCann, McGuire, McHugh, McKinney, Mellon, Reilly and Tierney (20). There were no abstentions. The Motion therefore fell.

C252/19 5G Wireless

Councillor R Barr Moved, Seconded by Councillor Gallagher That Derry City and Strabane District Council has a moral responsibility to protect 30

public health and the local environment. Until there is more independent scientific consensus that 5G wireless radiation is harmless to humans and the environment, Derry City and Strabane District Council adopts the precautionary principle and will not endorse the roll out of 5G.

Councillor Kelly called a point of order on the Motion. He stated that further to the moral responsibility referenced in the Motion, the Council had a statutory responsibility to protect public health and the local environment. He stated that in recognising that Council work within a statutory framework and that Council operated with the local planning authority, the crux of the Motion sought to introduce a moratorium across the district and if approved, would require alterations to area plans, the local development plan and the strategic growth plan. He stated that he wished to seek legal guidance on the matter to allow officers to prepare a report on the implications of the Motion, including whether Council as the leading planning authority, can legally introduce such a moratorium. He reminded Members of a further area of local development planning where Council had been advised that a moratorium would not be lawful. In response, the Lead Legal Services Officer stated that the motion was legally competent and could be brought before Members. He advised that the Member should be permitted to speak to the Motion were it would subsequently be a matter for Elected Members to decide if they wished to: make an amendment; make a proposal that the matter be adjourned to a committee for further discussion; or for a report to be brought back to a committee in relation to the matter. Councillor R Barr then proceeded to speak to his Motion. Councillor Kelly stated that with no disrespect to the mover of the motion, it was right and proper that concerns were properly evaluated and addressed where appropriate within any of the Council’s plans. He stated that on the other hand it was important that Council did not act before the appropriate time and seem to be 31 scaremongering if concerns were unfounded. He stated that he was aware of scientific material that existed that would suggest that the radio wave technology was harmless to humans and stressed the importance of establishing a scientific principle on the matter. Continuing he referred to the precautionary principle on the matter and advised Members that Council already applied a precautionary principle regarding planning applications evidenced in the Strategic Plan and Policy Statement and that Council applied international standards recognised by the World Health Organisation. Therefore, that aspect of the motion was already addressed by Council. However, in terms of rolling out a moratorium, it was important to have the fullest scientific information available before making any decisions on the motion. He proposed that the debate be adjourned to allow the papers to be presented on the matter. The Chief Executive advised that under Standing Order 17 1c ‘when a motion is under debate at any Council meeting, further motions will not be received with the exception of the following motions; that the debate be adjourned’. Therefore, it was his understanding that a proposal had been put forward for the debate to be adjourned. Councillor Kelly Proposed, Seconded by Councillor McGuire That the debate on the Motion be adjourned and a report brought forward with further information on the matter. After voting by a show of hands the result was as follows: For – 26; Against – 6; Abstentions – 0. The Proposal was therefore carried and the Council Resolved That the debate on the Motion be adjourned and a report brought forward with further information on the matter.

The Lead Legal Services Officer subsequently advised that a report would be presented to the relevant Committee on the matter in due course. 32

Councillor Donnelly queried the process and enquired if Members were permitted to ask why the debate was adjourned. In response, the Lead Legal Services Officer advised that Members could speak on the Motion to adjourn the debate. The debate has been adjourned, however the Motion would return with a paper from officers through the relevant Committee.

C253/19 Northern Ireland Council for Integrated Education

Councillors Ferguson and McKinney Moved, Seconded by Councillor McKinney That this Council encourages and supports reconciliation in our community and congratulates the Northern Ireland Council for Integrated Education and the Integrated Educations Fund on being nominated for the 2019 Nobel Peace Prize. After voting by a show of hands the result was unanimous and Council

Resolved That this Council encourages and supports reconciliation in our community and congratulates the Northern Ireland Council for Integrated Education and the Integrated Educations Fund on being nominated for the 2019 Nobel Peace Prize. Alderman Kerrigan left the meeting at this point.

C254/19 Owen Mor Care Centre

The Mayor advised that Councillor Dobbins wished to withdraw the Motion.

C255/19 Soft Opt-Out Organ Donation Legislation

Councillor McHugh Moved, Seconded by Councillor Mellon 33

That This Council will support the introduction of soft opt-out organ donation legislation here in the North which will follow the example led by the introduction of the same legislation in Wales (2015), Scotland and England (2020) and the calls from the Minister of Health in the South of Ireland, Simon Harris TD, for the same to be introduced there.

Alderman McClintock proposed an amendment, seconded by Alderman Devenney That This Council will support the introduction of soft opt-out organ donation legislation here in the North which will follow the example led by the introduction of the same legislation in Wales (2015), Scotland and England (2020) and the calls from the Minister of Health in the South of Ireland, Simon Harris TD, for the same to be introduced there and further to write to the Permanent Secretary for the Department of Health to support the introduction of soft opt-out organ donation.

After voting by a show of hands on the Amendment the result was unanimous. Councillor Farrell Proposed a further Amendment, Seconded by Councillor Tierney That This Council will support the introduction of soft opt-out organ donation legislation here in the North which will follow the example led by the introduction of the same legislation in Wales (2015), Scotland and England (2020) and the calls from the Minister of Health in the South of Ireland, Simon Harris TD, for the same to be introduced there and further to write to the Permanent Secretary for the Department of Health to support the introduction of soft opt-out organ donation. Calls on 34

Permanent Secretary of Department of Health to draft legislation for soft opt- out organ donation in advance of re- establishment of the Assembly. Further calls on Stormont political party leaders to reconvene the Assembly to ensure organ donation and all other pressing devolved issues are addressed as a matter of urgency.

After voting on the Amendment by a show of hands the result was as follows: For – 11; Against – 7; Abstentions 13. The Amendment was therefore carried. In response to a proposed Amendment from Councillor Mellon, the Chief Executive advised that the proposed amendment was invalid. He referred to section 17.1 of Standing Orders which stated ‘An amendment must relate solely to the proposal to which it seeks to amend and not be in effect, a new proposition under a different matter and must not place a greater responsibility and meaning on the original proposal’. He advised that the amendment did not comply with 17.1 of Standing Orders. Councillor Harkin asked if 17.1 of Standing Orders could have applied to the previous amendment also. The Mayor stated that whilst she noted the Members’ remarks, the amendment had been voted on. Councillor Hunter returned to the meeting at this point. Councillor Mellon Proposed a further Amendment, Seconded by Councillor Fleming That This Council will support the introduction of soft opt-out organ donation legislation here in the North which will follow the example led by the introduction of the same legislation in Wales (2015), Scotland and England (2020) and the calls from the Minister of Health in the South of Ireland, Simon Harris TD, for the same to be introduced there and further to write to the Permanent Secretary for the Department of Health to support the introduction of soft opt-out organ donation. Calls on the Permanent Secretary of Department of 35

Health to draft legislation for soft opt- out organ donation in advance of re- establishment of the Assembly. Further calls on Stormont political party leaders to reconvene the Assembly to ensure organ donation and all other pressing devolved issues are addressed as a matter of urgency based on rights and equality for all.

After voting on the Amendment by a show of hands the result was as follows: For – 22; Against – 2; Abstentions – 9. The Amendment was therefore carried and subsequently became the Substantive Motion. That This Council will support the introduction of soft opt-out organ donation legislation here in the North which will follow the example led by the introduction of the same legislation in Wales (2015), Scotland and England (2020) and the calls from the Minister of Health in the South of Ireland, Simon Harris TD, for the same to be introduced there and further to write to the Permanent Secretary for the Department of Health to support the introduction of soft opt-out organ donation. Calls on the Permanent Secretary of Department of Health to draft legislation for soft opt- out organ donation in advance of re- establishment of the Assembly. Further calls on Stormont political party leaders to reconvene the Assembly to ensure organ donation and all other pressing devolved issues are addressed as a matter of urgency based on rights and equality for all.

After voting by a show of hands on the Substantive Motion, the result was as follows: For – 27; Against – 0; Abstentions – 6. The Substantive Motion was therefore carried and the Council 36

Resolved That this Council will support the introduction of soft opt-out organ donation legislation here in the North which will follow the example led by the introduction of the same legislation in Wales (2015), Scotland and England (2020) and the calls from the Minister of Health in the South of Ireland, Simon Harris TD, for the same to be introduced there and further to write to the Permanent Secretary for the Department of Health to support the introduction of soft opt-out organ donation. Calls on the Permanent Secretary of Department of Health to draft legislation for soft opt-out organ donation in advance of re- establishment of the Assembly. Further calls on Stormont political party leaders to reconvene the Assembly to ensure organ donation and all other pressing devolved issues are addressed as a matter of urgency based on rights and equality for all.

C256/19 Border Communities Against Brexit

Councillor Duffy Moved, Seconded by Councillor Jackson That In advance of the next European Council meeting on October 17th, the last EU summit planned before Brexit, in an effort to highlight the dangers posed to citizen’s rights, the all island economy, the agricultural sector among others, we call on Derry City and Strabane District Council to light up Council buildings in yellow and black on October 16th in support of Border Communities Against Brexit.

After voting on the Motion by a show of hands the result was as follows:

For – 24; Against – 6; Abstentions – 3.

The Motion was therefore carried and the Council

Resolved That in advance of the next European Council meeting on October 17th, the last EU summit planned before Brexit, in an effort to highlight the dangers posed to citizen’s rights, the all island economy, the agricultural sector among others, we call on Derry City and Strabane District Council to light up Council buildings in yellow and black on October 16th in support of Border Communities Against Brexit.

C257/19 Worker's Rights and Social Justice Week

Councillor Harkin Moved, Seconded by Councillor McCann That Council supports real living wages, an end to zero hour contracts and the right to trade union representation in Derry and Strabane.

Council opposes Tory anti-trade union laws and encourages workers to join unions to demand respect and better terms and conditions.

Council celebrates the contribution workers’ rights campaigns have made to improve people’s lives past and present at work and in communities - and acknowledges the tremendous contribution and efforts made by campaigners from all backgrounds and communities across Derry and Strabane 38

today in the pursuit of justice, equality and respect.

To this end, Council will host a ‘Workers Rights and Social Justice Week’ - the week preceding the May Day march and rally.

Councillor Jackson Proposed an Amendment, Seconded by Councillor Duffy

That Council supports real living wages, an end to zero hour contracts and the right to trade union representation in Derry and Strabane.

Council opposes Tory anti-trade union laws and encourages workers to join unions to demand respect and better terms and conditions.

To this end, Council will lead a ‘Workers Rights and Social Justice Week’ and establish a working group to develop a programme for the week preceding the May Day march and rally.

After voting on the Amendment by a show of hands the result was unanimous.

Alderman Devenney Proposed a further Amendment, Seconded by 39

Alderman Warke

That Council supports real living wages, an end to zero hour contracts and the right to trade union representation in Derry and Strabane.

Council opposes Tory anti-trade union laws and encourages workers to join unions to demand respect and better terms and conditions.

To this end, Council will lead a ‘Workers Rights and Social Justice Week’ and establish a working group to develop a programme for the week preceding the May Day march and rally. That a report be brought to the relevant committee regarding costings.

After voting on the Amendment the result was unanimous

Councillor McKinney Proposed a further Amendment, Seconded by Councillor Ferguson

That Council supports real living wages, an end to zero hour contracts and the right to trade union representation in Derry and Strabane.

Council opposes anti-trade union laws and encourages workers to join unions to demand respect and better terms and conditions.

After voting by a show of hands on the Amendment the result was unanimous and subsequently became the Substantive Motion

That Council supports real living wages, an end to zero hour contracts and the right to trade union representation in Derry and Strabane.

Council opposes anti-trade union laws and encourages workers to join unions to demand respect and better terms and conditions.

campaigners from all backgrounds and communities across Derry and Strabane today in the pursuit of justice, equality and respect.

After voting on the Substantive Motion by a show of hands the result of which was unanimous and the Council

Resolved That Council supports real living wages, an end to zero hour contracts and the right to trade union representation in Derry and Strabane.

Council opposes anti-trade union laws and encourages workers to join unions to demand respect and better terms and conditions.

To this end, Council will lead a ‘Workers Rights and Social Justice Week’ and establish a working group to develop a programme for the week preceding the May Day 42

march and rally. That a report be brought to the relevant committee regarding costings.

Councillors McGuire and McKinney left the meeting at this point.

C258/19 Childcare for All Charter

Councillor Durkan Moved, Seconded by Councillor J Boyle That This Council notes the contents of the Employers for Childcare NI’s 10th Annual Childcare Survey.

This Council recognises that childcare costs are creating barriers for working parents and their families.

This Council supports the Childcare for All Charter, calling for a universal, child- centred childcare system to meet the needs of children, parents, childcare providers and communities.

This Council calls for any restored Executive to prioritise legalisation for an affordable, accessible and high quality childcare system in its Programme for Government.

This Council resolves to write to political party leaders calling for support for 30 hours basic free childcare for working parents.

After voting by a show of hands the result was unanimous and the Council

Resolved That this Council notes the contents of the Employers for Childcare NI’s 10th Annual Childcare Survey.

This Council recognises that childcare costs are creating barriers for working parents and their families.

This Council supports the Childcare for All Charter, calling for a universal, child-centred childcare system to meet the needs of children, parents, childcare providers and communities.

This Council calls for any restored Executive to prioritise legalisation for an affordable, accessible and high quality childcare system in its Programme for Government.

This Council resolves to write to political party leaders calling for support for 30 hours basic free childcare for working parents.

C259/19 The Late Pat Gillespie

The Mayor advised that Councillor J Barr wished to withdraw the Motion.

C260/19 Day of Action

Councillor McCann Moved, Seconded by Councillor Harkin That this Council supports the Day of Action on October 5th 2019 calling for an end to welfare reforms, the extension of benefit mitigation payments and the reversal of cuts to public services.

Council encourages people in Derry and Strabane from all backgrounds and communities to organise a people power movement to win these demands.

Council encourages the broadest support for and participation at the 3pm rally in Guildhall Square organised and supported by Derry Trades Union Council, Action Against Cuts, UNISON Community Branch, AEGIS, the Civil Rights for the 21st Century Committee, Alliance for Choice, Derry and Strabane Councillors and anti-poverty groups and campaigners.

Councillor Donnelly Proposed an Amendment, Seconded by Councillor Gallagher

That this Council supports the Day of Action on October 5th 2019 calling for an end to welfare reforms, the extension of benefit mitigation payments and the reversal of cuts to public services.

Council encourages people in Derry and Strabane from all backgrounds and communities to organise a people power movement to win these demands.

Council encourages the broadest support for and participation at the October 5 funeral procession type march leaving Waterside Railway Station at 2pm proceeding to the 3pm rally in Guildhall Square organised and supported by Derry Trades Union Council, Action Against Cuts, UNISON Community Branch, AEGIS, the Civil Rights for the 21st Century Committee, Alliance for Choice, Derry and Strabane Councillors and anti-poverty groups and campaigners.

After voting on the Amendment by a show of hands the result was as follows:

For – 27; Against – 0; Abstentions – 3.

The Amendment was therefore carried and became the Substantive Motion

That this Council supports the Day of Action on October 5th 2019 calling for an end to welfare reforms, the extension of benefit mitigation payments and the reversal of cuts to public services.

Council encourages people in Derry and Strabane from all backgrounds and communities to organise a people power movement to win these demands.

After voting on the Substantive Motion by a show of hands the result was as follows:

For – 27; Against – 0; Abstentions – 3.

The Substantive Motion was therefore carried and the Council

Resolved That this Council supports the Day of Action on October 5th 2019 calling for an end to welfare reforms, the extension of benefit mitigation payments and the reversal of cuts to public services.

Council encourages people in Derry and Strabane from all backgrounds and communities to organise a people power movement to win these demands.

Councillor Dobbins left the meeting at this point.

C261/19 Places of Worship Security Scheme

Alderman Guy Moved, Seconded by Alderman Devenney That This Council notes recently published research from the charity CARE NI that found 445 attacks have been recorded on places of worship in Northern Ireland in just the last 3 years; notes with concern that 23 of these despicable attacks were recorded in the Derry City & Strabane District Council policing area; unreservedly condemns all attacks on places of worship, no matter what faith or denomination, and upholds the important human right for individuals to be free to worship and live out their faith in this society. This Council also notes the operation of the Places of Worship Security Scheme in England and Wales and expresses regret that a similar 47

scheme is not available in Northern Ireland; and therefore agrees to write to the Department for Communities and the Northern Ireland Office calling for the swift introduction of a similar scheme locally. Councillor Tierney suggested also contacting the PCSP to establish how such a scheme would be rolled out throughout the City and District. Councillor Donnelly Proposed an Amendment, Seconded by Councillor Gallagher

That This Council notes recently published research from the charity CARE NI that found 445 attacks have been recorded on places of worship in Northern Ireland in just the last 3 years; notes with concern that 23 of these despicable attacks were recorded in the Derry City & Strabane District Council policing area; unreservedly condemns all attacks on places of worship, no matter what faith or denomination, and upholds the important human right for individuals to be free to worship and live out their faith in this society. This Council also notes the operation of the Places of Worship Security Scheme in England and Wales and expresses regret that a similar scheme is not available in Northern Ireland; and therefore agrees to write to the Department for Communities and the Northern Ireland Office calling for the swift introduction of a similar means tested scheme locally. After voting on the Amendment by a show of hands the result was as follows: For – 13; Against – 11; Abstentions – 3. The Amendment was therefore carried and became the Substantive Motion

After voting on the Substantive Motion by a show of hands the results were as follows: For – 24; Against – 0; Abstentions 4.

The Substantive Motion was therefore carried and the Council

Resolved That this Council notes recently published research from the charity CARE NI that found 445 attacks have been recorded on places of worship in Northern Ireland in just the last 3 years; notes with concern that 23 of these despicable attacks were recorded in the Derry City & Strabane District Council policing area; unreservedly condemns all attacks on places of worship, no 49

matter what faith or denomination, and upholds the important human right for individuals to be free to worship and live out their faith in this society. This Council also notes the operation of the Places of Worship Security Scheme in England and Wales and expresses regret that a similar scheme is not available in Northern Ireland; and therefore agrees to write to the Department for Communities and the Northern Ireland Office calling for the swift introduction of a similar means tested scheme locally.

Councillor Gallagher left the meeting at this point.

C262/19 Hard Border Opposition

Councillor Harkin Moved, Seconded by Councillor McCann

That Council opposes a Tory no deal Brexit.

Council opposes any attempt to impose a hard border in Ireland.

Council supports in full the call put forward by the Derry Trades Union Council in March 2019:

As trade unionists we are opposed to any attempt to re-impose a hard border. This would represent a tremendous step backwards. We believe this reflects the opinion of the vast majority of people North and South and from all communities. A hard border would undercut workers’ rights and would threaten the interests of the vast majority of people here. As trade unions representing workers in border counties 50

we understand the damage this would cause in people's day to day lives.

The Derry Trades Union Council is calling for the entire trade union movement across the island to join us in pledging to mobilise against any attempt to impose a hard border by using, if necessary, the best traditions of the labour movement - demonstrations, protests, strikes, walkouts and sit-downs. The trade union movement in its totality is the largest and most representative body across the island. This is the best way for us to voice our opinion on behalf of all ordinary people North and South.

More than one hundred years ago trade union leader James Connolly warned partition would create a 'carnival of reaction' on the island. For this reason he called on the labour movement to do all it could to mobilise against division. Today, we must not allow a hard border to become a source of renewed reaction and division. We want to go forward not backwards.

We urge trade unionists from all backgrounds and everyone in our communities to join us in pledging to oppose any attempt to impose a hard border that no one wants or supports. Councillor Cooper Proposed an Amendment, Seconded by Councillor Jackson

That Council opposes Brexit.

Council opposes any attempt to impose a hard border in Ireland.

Council supports in full the call put forward by the Derry Trades Union Council in March 2019:

We urge trade unionists from all backgrounds and everyone in our communities to join us in pledging to oppose any attempt to impose a hard border that no one wants or supports. After voting on the Amendment by a show of hands the result was as follows: For – 18; Against – 5; Abstentions - 4. The Amendment was therefore carried. Councillor Donnelly Proposed a further Amendment, however the Mayor advised Councillor Donnelly that it was not a valid Amendment and therefore could not be accepted. In response to a query from Councillor Donnelly as to why the Amendment could not be accepted, the Mayor referred to Standing Order 17.1 ‘that an Amendment must relate solely to the Proposal which it seeks to amend and not be, in effect, a new proposition on a different matter and must not place a greater responsibility on the meaning or the original proposal.’ Therefore, it was not a valid amendment. Members were then asked to vote on the Substantive Motion

That Council opposes Brexit.

Council opposes any attempt to impose a hard border in Ireland.

Council supports in full the call put forward by the Derry Trades Union Council in March 2019:

threaten the interests of the vast majority of people here. As trade unions representing workers in border counties we understand the damage this would cause in people's day to day lives.

For – 23; Against – 3; Abstentions – 1. The Substantive Motion was therefore carried and the Council

Resolved Council opposes Brexit.

Council opposes any attempt to impose a hard border in Ireland.

Council supports in full the call put forward by the Derry Trades Union Council in March 2019:

The Derry Trades Union Council is calling for the entire trade union movement across the island to join us in pledging to mobilise against any attempt to impose a hard border by using, if necessary, the best traditions of the labour movement - demonstrations, protests, strikes, walkouts and sit- downs. The trade union movement in its totality is the largest and most representative body across the island. This is the best way for us to voice our opinion on behalf of all ordinary people North and South.

More than one hundred years ago trade union leader James Connolly 55

warned partition would create a 'carnival of reaction' on the island. For this reason he called on the labour movement to do all it could to mobilise against division. Today, we must not allow a hard border to become a source of renewed reaction and division. We want to go forward not backwards.

We urge trade unionists from all backgrounds and everyone in our communities to join us in pledging to oppose any attempt to impose a hard border that no one wants or supports.

C263/19 Housing Crisis in Derry and Strabane

Councillor McCann Moved, Seconded by Councillor Harkin That Following recent presentations to Council by representatives from the NI Housing Executive underlining the severity of the housing crisis in Derry and Strabane, that will be made worse by growing homelessness and the impact of welfare reform, Council reaffirms its support for the Housing Executive to have the ability to borrow in order to build new homes and to properly maintain and renovate its existing housing stock.

Councillor Reilly Proposed an Amendment, Seconded by Councillor J Boyle

That Following recent presentations to Council by representatives from the NI Housing Executive underlining the severity of the housing crisis in Derry and Strabane, that will be made worse by growing homelessness and the impact of welfare reform, Council reaffirms its support for the Housing Executive to have the ability to borrow in order to build new homes and to properly maintain and renovate its existing housing stock.

Further, Council calls upon all housing associations with properties in the District Area to declare the number of vacant properties in their ownership with the purpose of increasing the number of available and suitable homes in the area and also asks the NIHE for an update on their ‘empty homes’ research on the number of empty properties in the private sector.

Councillor Donnelly enquired if housing associations were obliged to provide information regarding the number of vacant properties in their ownership.

In response, the Lead Legal Services Officer stated that Council could not compel them but could request the information.

After voting on the Amendment on a show of hands the result was unanimous and subsequently became the Substantive Motion

and to properly maintain and renovate its existing housing stock.

After voting by a show of hands on the Substantive Motion the result was unanimous.

The Substantive Motion was therefore carried and the Council

Resolved Following recent presentations to Council by representatives from the NI Housing Executive underlining the severity of the housing crisis in Derry and Strabane, that will be made worse by growing homelessness and the impact of welfare reform, Council reaffirms its support for the Housing Executive to have the ability to borrow in order to build new homes and to properly maintain and renovate its existing housing stock.

the NIHE for an update on their ‘empty homes’ research on the number of empty properties in the private sector.

C264/19 Responses to Motions

The Chief Executive presented the above report, a copy of which had been previously circulated to Members. The purpose of the report was to advise Members of correspondence received in relation to Motions passed by Council.

Councillor Logue referred to the correspondence received regarding the FDANODELAY campaign. She noted the full content of the correspondence was not included in the meeting papers and proposed that Council write again to Clarke Bailie to request a meeting and that members of the FDANODELAY campaign are invited to discuss the issue raised in the Motion.

Councillor Logue Proposed, Seconded by Councillor Duffy

That Council send further correspondence to Mr Clarke Bailie, NIHE to request a meeting and that members of the FDANODELAY campaign are invited to discuss the issues raised in the Motion.

After voting by a show of hands the result was unanimous and the Council

Resolved That Council send further correspondence to Mr Clarke Bailie, NIHE to request a meeting and that members of the FDANODELAY campaign are invited to discuss the issues raised in the Motion.

C265/19 Resolutions from Other Councils 59

C266/19 Sealing List - September 2019

Alderman Devenney Moved, Councillor J Boyle Seconded and the Council Resolved that the seal of the Council be af