94.
THE COUNTY COUNCIL OF THE CITY & COUNTY OF CARDIFF
The County Council of the City & County of Cardiff met at City Hall, Cardiff on Friday 18 July, 2008 to transact the business set out in the Council Summons dated 11 July 2008.
Present: County Councillor Kate Lloyd, Lord Mayor (in the Chair) County Councillor Jaswant Singh, (Deputy Lord Mayor)
County Councillors Aubrey, Aylwin, Berman, Bowden, Bowen, Bridges, Burfoot, Burley, Burns, Carter, Chaundy, Ralph Cook, Richard Cook, Cowan, Kirsty Davies, Tim Davies, Dixon, Finn, Foley, Ford, Gasson, Goddard, Goodway, Grant, Greening, Griffiths, C. Holland, M. Holland, Hooper, Howells, Hudson, Hyde, Ireland, Islam, Jerrett, Brian Jones, Margaret Jones, Jones- Pritchard, Joyce, Kelloway, Macdonald, McEvoy, McKerlich, Montemaggi, David Morgan, Elgan Morgan, Linda Morgan, Page, Jacqueline Parry, Keith Parry, Patel, Pearcy, Pickard, Piper, Dianne Rees, Rogers, Rowland-James, Stephens, Wakefield, Walker, Walsh and Woodman.
Apologies: Councillors Ali, Clark, Cox, Furlong, Lansdown, Derrick Morgan, David Rees, Robson, Salway and Smith
(At this stage of the proceedings, prayers were offered by the Reverend Gareth Evans)
43 : MINUTES
The minutes of the meeting held on 26 June 2008 were approved as a correct record and signed by the Lord Mayor, subject to the following corrections:.
(i) The substitution of the name of Councillor Kelloway for Councillor Bridges under Questions to the Nominated Member of the South Wales Police Authority on page 90.
(ii) The correction of the initials VCU to BCU in a supplementary question from Councillor Gasson on page 86. County Council of the City & County of Cardiff 18 July, 2008 95.
44 : CHAIRMAN’S ANNOUNCEMENTS
(The Chairman reminded Members of their responsibility under Article 16 of the Members’ Code of Conduct to declare any interest, and to complete Personal Interest forms, at the commencement of the item of business.)
(a) Declarations of Interest
At this point of the proceedings the following Members declared an interest in the report on Race Equality which was to be considered later in the meeting as they were associated with Race Equality First:
Councillors Islam, Montemaggi and Woodman
(b) Awards
The Lord Mayor expressed her pleasure at the continued success of the Council as shown by the following list of achievements:
(i) Triumph at the 2008 Teaching Awards
Cardiff teachers snatched three out of eleven gongs at last week's Welsh Finals of the Teaching Awards 2008. The high profile event, held at City Hall, was very well attended and included an address by Baroness Shirley Williams who also presented the lifetime achievement award. The Ceremony was also featured in the BBC Wales evening news.
The winners from Cardiff, who will go on to the UK finals in October were:
Sheila Bevins from Cardiff High School took away the Award for ‘Teacher of the Year in a Secondary School’.
Debbie Lewis from Herbert Thompson Primary School won the category ‘Headteacher of the Year in a Primary School’.
Verity Silk from Cathays High School was awarded the ‘Ted Wragg Award for Lifetime Achievement’. County Council of the City & County of Cardiff 18 July, 2008 96.
This is the second year in a row that Cardiff teachers have won both the primary headteacher and lifetime achievement awards - so we are punching above our weight.
In addition to the 3 winners - Mary Campbell from Michaelston Community College gained a Distinction in the The Royal Air Force Award for Headteacher of the Year in a Secondary School.
(ii) Recognition from the Civic Trust
The Green Flag Award is the national standard for parks and green spaces in England and Wales. Parks Minister, Baroness Andrews announced the results of the Civic Trusts 2008 site assessments yesterday, 17 th July.
Cardiff did exceptionally well this year with Bute Park being awarded with a Green Flag following a site assessment in May. In addition, Grange Gardens, Roath Park and Victoria Park have all retained their Green Flag status for another year. The actual awards will be presented to the winners at a ceremony held in Liverpool next week, 24 th July.
(c) Former Councillor Gareth Neale
The Lord Mayor expressed her condolences to former Councillor Gareth Neale and his family on the tragic loss of their son whose funeral was held earlier in the day and which was attended by some Members of the Council. The Lord Mayor had written to express the Council’s condolences.
(d) Nelson Mandela
On behalf of the Council and the citizens of Cardiff, the Lord Mayor wished a Happy Birthday to Nelson Mandela who was celebrating his 90th Birthday today.
Mr Mandela had been granted freedom of the city in June 1998. During his visit he praised the people of Wales saying "When the call for the international isolation of apartheid went out to the world, the people of Wales responded magnificently". The Lord Mayor stated that it was a real honour that such a great figure had visited our city and had held us in such high regard.
County Council of the City & County of Cardiff 18 July, 2008 97.
(e) Councillor Richard Foley
The Lord Mayor congratulated Councillor Richard Foley and his wife on the impending birth of their first child in January.
(f) Microphone System and Recording of Proceedings
Members agreed that the proceedings of Council be recorded for administrative purposes.
45 : PETITIONS
The following petitions were submitted:
1. Councillor McEvoy – 50 signatories request the Council to restore, repair and maintain the former allotments behind Llewellyn Avenue and Pethybridge Road, Cardiff for Ely Garden Villagers and other residents.
2. Councillor Greening – 50 residents of Butetown call on the Council to introduce residents-only parking in Eleanor Place, Dudley Street, Dudley Court, Bute Esplanade, Windsor Terrace and Windsor Esplanade and call on the Police to clamp down on those who illegally park in these areas.
3. Councillor Chaundy – 18 residents of the Maelfa Flats, Llanedeyrn request the Council to disconnect the trade button on the Maelfa flats door entry system as it is being used to gain access to the flats by young people who are causing damage.
4. Councillor Burley – 97 residents of Knightswell Road and the Sanctuary, Culverhouse Cross call on the Council to reduce the speed of traffic on these roads.
5. Councillor Margaret Jones – 374 residents of Lakeside request a permanent pedestrian crossing be located across Celyn Avenue near Lakeside shops.
46 : DELIVERING THE CAPITAL VISION – ADDENDUM TO CORPORATE PLAN 2008 - 11
Following the local government elections on 1 May 2008 a new Council administration was formed comprising a coalition arrangement between the County Council of the City & County of Cardiff 18 July, 2008 98.
Liberal Democrat Group and Plaid Cymru Group. The new administration issued a partnership agreement – “A Capital Vision” – which set out a policy programme and commitments for the next four years.
The Executive had previously noted the Capital Vision as setting out the key issues to be taken forward by the Council and these were outlined by the Leader. Many of the activities outlined in Capital Vision were currently being progressed by the Council.
A summary of the key strategic issues outlined in Capital Vision was submitted as Appendix C to the report and provided the Executive with an overview of how these significant issues would be taken forward by the Council. This appendix was submitted as an addendum to the Corporate Plan 2008-11
Members commented on the report and the Leader responded.
RESOLVED – That Appendix C to the report be approved as an addendum to the Corporate Plan 2008 – 11.
47 : RACE EQUALITY SCHEME 2008 - 2011 (Councillors Islam, Montemaggi, Singh and Woodman declared an interest in this item in their capacity as Council representatives on Race Equality First)
The Race Relations (Amendment) Act 2000 required all public authorities to prepare and publish a Race Equality Scheme every three years. Following an extensive programme of consultation with staff, community members and voluntary organisations a revised Race Equality Scheme for 2008-11 was prepared. Councillor Woodman, Executive Member, reported on the key tasks that had been identified.
The Council’s commitment to ensuring that equality was a priority issue was emphasised in the draft scheme.
RESOLVED – That the Race Equality Scheme 2008 – 11 be approved.
48 : WELSH EDUCATION SCHEME 2008 - 2013 (Councillor Pearcy declared an interest in this item)
Under the Welsh Language Act 1993, the Council was statutorily required to produce a Welsh Education Scheme. County Council of the City & County of Cardiff 18 July, 2008 99.
A draft scheme had been prepared and was submitted. The scheme was part of the Council’s broad strategy for the Welsh Language and contained a detailed plan for the development of Welsh education in Cardiff.
Following public consultation the draft scheme had been amended and approved by the Welsh Language Board.
RESOLVED – That the draft Welsh Education Scheme 2008 – 13 be approved.
(It was agreed by Council to take the item ‘Budget Strategy 2009/10’ later in the meeting).
49 : CONSTITUTION COMMITTEE 10 JULY 2008
The Constitution Committee at its meeting on 10 July 2008 recommended the following amendments to the Council Procedure Rules:
Notices of Motion on Notice.
It was proposed that there be an additional criterion to be applied by the Proper Officer before approving Notices of Motion (NOM) for inclusion in the Council Summons.
In any case where the notice of motion appears to be unlawful and/or not presently contained within the approved Council Budget for the year in question, the NOM should appear on the Agenda but with a statement from the Proper Officer that the latter criterion appears to apply and that the NOM shall be deferred to the next Ordinary Council so that written legal and financial advice may be placed before Members when the matter is debated.
This would avoid the possibility of Council debating an issue and approving a Motion that could turn out to be unlawful and/or not presently contained within the approved Council Budget.
Notices of Motion without Notice
It was also proposed that a notice of motion to amend a Report, currently permissible from the floor, be changed to a NOM upon abridged notice by adopting the same deadline as Council Questions so that such a NOM appears County Council of the City & County of Cardiff 18 July, 2008 100. on the “Amendment Sheet”. This would mean that any NOM to amend a report would have to be received by the Proper Officer no later than 9.00am the day before Council.
Again this would afford the opportunity for the motion to be considered and considered officer advice made available.
RESOLVED – That the amendments to the Council Procedure Rules as outlined above be approved.
50 : STANDARDS & ETHICS COMMITTEE ANNUAL REPORT 2007 - 2008
The Lord Mayor welcomed the Chair of the Standards & Ethics Committee, Mr Akmal Hanuk who spoke on the Committee’s annual report. This was the Committee’s fourth annual report and he thanked the retiring members of the Committee – Community Councillor David Suthers, Councillors Brian Griffiths, Jim James and Greg Owens. He also welcomed the new members to the Committee – Councillors Delme Bowen, Tim Davies and Ann Rowland-James.
Mr Hanuk outlined the work of the Committee in 2007/2008 and the future priorities of the Committee. He made particular reference to the introduction of the new Code of Conduct.
Mr Hanuk answered questions on the Annual report.
In conclusion, Members expressed their thanks to the Chair and his Committee for the work undertaken.
RESOLVED – That the fourth Annual Report 2007 – 2008 of the Standards & Ethics Committee be received.
51 : APPOINTMENT AND REMOVAL OF LEA SCHOOL GOVERNORS
(Councillor Walsh declared an interest in this item in relation to the nomination of school governors)
The Council was recommended to approve the appointment of LEA School Governors as listed in the appendix to the report, and as shown on the Amendment Sheet. County Council of the City & County of Cardiff 18 July, 2008 101.
RESOLVED - That
(1) the following appointment of School Governors be approved;
School Ward Start of Applications Vacancy Baden Powell Primary Splott 18/03/08 Miss D Lovidge Cardiff High Cyncoed 2/07/08 Cllr M Jones Fitzalan High Canton 26/06/08 Cllr J Singh Grangetown Primary Grangetown 15/07/08 Cllr David Morgan Llanedeyrn High Pentwyn 22/05/08 Cllr J Carter Llanedeyrn Primary Pentwyn 09/07/08 Mr S Vincent Llanishen High Llanishen 02/05/08 Mr C Coleman St Patrick’s RC Primary Grangetown 01/07/08 Cllr F Montemaggi Ton-yr-Ywen Primary Heath 25/06/08 Cllr F Bowden
Future Vacancies
School Ward Start of Applications Vacancy Cantonian High Fairwater 21/09/08 Mr R Puw
Future Renominations
School Ward Start of Applications Vacancy Albany Primary Plasnewydd 21/09/08 Cllr M Stephens Baden Powell Primary Splott 21/09/08 Cllr M Holland Bryn Hafod Primary Llanrumney 21/09/08 Cllr J Parry Cardiff High Cyncoed 21/09/08 Mrs D Owen Cardiff High Cyncoed 21/09/08 Mrs N Matthewson Coed Glas Primary Llanishen 19/10/08 Cllr C Piper Corpus Christi RC High Lisvane 28/09/08 Mrs J Marsden Eglwys Wen Primary Whitchurch & 21/09/08 Cllr L Morgan Tongwynlais Fitzalan High Canton 21/09/08 Cllr R Patel Gabalfa Primary Llandaff North 28/09/08 Mr T Gilder Glyn Derw High Caerau 21/09/08 Mr P Rosser Kitchener Primary Riverside 21/09/08 Cllr M Islam Lansdowne Primary Canton 28/09/08 Cllr R Cook County Council of the City & County of Cardiff 18 July, 2008 102.
Llandaff C/W Primary Llandaff 21/09/08 Mrs K Antippas Llanishen Fach Primary Rhiwbina 21/09/08 Cllr A Robson Llanishen High Llanishen 28/09/08 Cllr J Burns Llanishen High Llanishen 28/09/08 Cllr R Smith Llanishen High Llanishen 28/09/08 Cllr C Piper Llysfaen Primary Lisvane 28/09/08 Cllr D Walker Llysfaen Primary Lisvane 28/09/08 Mrs S Powell Marlborough Junior Penylan 21/09/08 Cllr T Burfoot Meadowbank Llandaff North 21/09/08 Mr D Melding AM Millbank Primary Caerau 21/09/08 Mrs D Leigh Mount Stuart Primary Butetown 21/09/08 Mr I Gittens Radyr Comprehensive Radyr & 21/09/08 Dr D Silver Morganstown Radyr Primary Radyr & 21/09/08 Cllr R McKerlich Morganstown Rhiwbeina Primary Rhiwbina 21/09/08 Cllr A Robson Rhiwbeina Primary Rhiwbina 21/09/08 Mr J Yewlett Rhydypenau Primary Cyncoed 21/09/08 Mrs N Matthewson Roath Park Primary Plasnewydd 21/09/08 Cllr R Jerrett Springwood Primary Pentwyn 21/09/08 Cllr K Hyde St Cadoc’s RC Primary Llanrumney 21/09/08 Cllr J Parry St Philip Evans RC Pentwyn 21/09/08 Cllr P Chaundy Primary St Teilo’s CW High Penylan 21/09/08 Cllr S Wakefield Thornhill Primary Llanishen 21/09/08 Cllr R Foley Trelai Primary Caerau 21/09/08 Mr H Ernest Whitchurch High Whitchurch 21/09/08 Cllr B Griffiths Whitchurch High Whitchurch 21/09/08 Mr I McIlquham Willows High Splott 21/09/08 Cllr G Cox Woodlands High Caerau 21/09/08 Mr M Marshall Ysgol Gyfun Gymraeg Llandaff North 21/09/08 Mrs E Patchell Glantaf Ysgol Gymraeg Melin Whitchurch 28/09/08 Cllr L Morgan Gruffydd Ysgol Y Berllan Deg Pentwyn 21/09/08 Cllr E Morgan
(2) the Parent Governor appointments for the Welsh Starter Classes based at Ninian Park Primary School and Holy Family RC Primary School be deferred for further information. County Council of the City & County of Cardiff 18 July, 2008 103.
52 : BUDGET STRATEGY 2009/10
The Council received a report to establish a financial strategy of the Council in readiness for the preparation of the 2009/10 capital and revenue budgets; to consider the financial pressures facing the Council in the medium term; and to outline an initial timetable for the budget process in order to present the Budget report to Council on 26 February 2009.
The Executive on 14 July 2008 had considered the proposals set out in the report and had agreed that
(1) Service Areas should identify potential savings to meet the total cost of the following items: • Increments, salary drift and pay awards • Full year effect of the 2008/09 budgetary decisions
(2) only new capital investment with a direct link to the Corporate Plan, and where there is an Invest to Save element, be put forward by Service Areas for consideration.
Councillor Stephens, Executive Member, introduced the report and answered Members’ questions.
It was moved by Councillor Tim Davies and seconded by Councillor Walker that the recommendations to the report be amended by the addition of a new recommendation 3.
(3) propose that Council agree to:
(i) acknowledge that the Council was left with a substantial unplanned surplus at the end of the 2007/08 financial year.
(ii) acknowledge that, had Council decided not to increase council tax at its meeting in February 2007,a substantial outturn surplus would still have been created.
(iii) acknowledge that the rising cost of living index is seriously affecting Cardiff council tax payers and that they would welcome an alleviation of the council tax burden.
County Council of the City & County of Cardiff 18 July, 2008 104.
(iv) ask officers to examine ways in which some of these surplus funds might be used to keep 2009/10 council taxes as low as possible, ideally at existing levels.
Following a request for a recorded vote, voting on the amendment was as follows:
For
Councillors Burns, Ralph Cook, Richard Cook, Cowan, Tim Davies, Finn, Foley, Goddard, Goodway, Griffiths, Clarissa Holland, Martin Holland, Hudson, Ireland, Brian Jones, Jones-Pritchard, Joyce, Macdonald, McKerlich, Linda Morgan, Page, Patel, Piper, Dianne Rees, Rogers, Walker and Walsh.
Total 27
Against
Councillors Aubrey, Aylwin, Berman, Bowden, Bowen, Bridges, Burfoot, Burley, Carter, Chaundy, Kirsty Davies, Dixon, Ford, Gasson, Grant, Greening, Hooper, Howells, Hyde, Islam, Jerrett, Margaret Jones, Kelloway, Montemaggi, David Morgan, Elgan Morgan, Pearcy, Pickard, Rowland-James, Singh, Stephens, Wakefield and Woodman.
Total 33
The amendment was lost.
RESOLVED - That
(1) the proposed budget timetable set out in Appendix 1 to the report be approved;
(2) the work outlined in the report be progressed with a view to informing budget preparation. County Council of the City & County of Cardiff 18 July, 2008 105.
53 : CORPORATE STATEMENT (County Councillor Berman)
Cardiff City Football Club
Good progress continues to be made on all the projects which make up the programme and the current position on the main contracts is as follows:
• the new athletics stadium handover is programmed for the end of July and will open to the public in September.
• the new football stadium is programmed for completion at the end of May 2009.
• a development agreement for the new Glamorgan Record Office has been signed. Project completion is expected in spring 2009.
• the new COSTCO store will open in July; ASDA at the end of October; M&S at the end of September and JJB at the end of October.
• planning applications for the new House of Sport and Field Project are expected shortly. The House of Sport is expected to be completed in June 2009.
International Sports Village
Both the Cardiff International Pool and Temporary Ice Rink continue to trade above their Business Plan.
At the Executive Business Meeting on 14 July 2008, the Executive agreed a way forward with the Strategic Waterfront Partnership with Orion.
SD2
Work continues to programme for both the main mixed-use development and the new Central Library
Cardiff Local Service Board
Members of Cardiff and Carmarthenshire Local Service Boards (LSB) were recently invited to give evidence at the National Assembly for Wales to the County Council of the City & County of Cardiff 18 July, 2008 106.
Health, Wellbeing and Local Government Committee. Cardiff LSB was represented by Byron Davies as Chair of the Executive LSB, Andy Marles (Fire), Margaret McLaughlin (Voluntary Action Cardiff) and Jenny Theed (Local Health Board). The session offered an opportunity to detail the work of the pilot to date, and progress that has been made. Particular interest was paid to the ground breaking work of the LSB multi-partner Scrutiny arrangements, and the work on the Integrating Health & Social Care project, which has seen a 54% reduction in the total of patients in delayed transfers of care in Cardiff since the project began.
LSB Scrutiny Arrangements
Following the recent council elections, the new multi-partner LSB Scrutiny Panel has been established. With nominated members from all LSB partners, including the five scrutiny Chairs of the council and a dedicated equalities expert, the panel is the first of its kind in the UK. The panel will hold the LSB to account on objectives that have not been achieved as planned, ensuring that the LSB Executive and projects are operating properly by delivering improvements with a citizen focus.
Proud Capital Development Session
Following the successful Joint Development session in March which concentrated on the work of the LSB projects, a further session has been organised for the 23 July. With approximately 50 attendees expected from the Vision Forum, Executive LSB and Operational Forum, the session will look at ways to implement the Proud Capital Community Strategy 2007-2017 across partners. The event will also identify ways for integrating the work of the Vision Forum and the LSB and vice versa to ensure that real service delivery benefits can be achieved for citizens of Cardiff.
Forthcoming Executive Business
I wish to remind Members that the next scheduled Executive Business Meeting will be held at 2.00pm on 18 September 2008. In accordance with the usual arrangements, I wish to advise Members that reports on the matters set out below will be coming forward for consideration by the Executive in the near future. The consideration of each item of business will be subject to the Council’s established business arrangements and timetabling constraints. In accordance with legal requirements, the papers for Executive Business County Council of the City & County of Cardiff 18 July, 2008 107.
Meetings will be circulated at least three clear days prior to each meeting and posted on the website prior to the meeting taking place.
The following items are currently scheduled to be considered on 18 September 2008.
Corporate: Councillor Rodney Berman
• Annual Complaints report • 2008/09 Quarter 1 Performance Reports • Linguistic Skills Strategy (Welsh) • Statutory Improvement Plan
Communities, Housing & Social Justice: Councillor Judith Woodman
• Private Sector Housing Enforcement Policy • Proposals to Develop a Single Assessment Centre and Hostel Accommodation for Homelessness Services in Cardiff • Litchfield Court, Riverside – Feasibility for conversion from General Needs Housing to Homelessness Hostel • Tenant Support Scheme Tendering Process • Annual Tenants Satisfaction Survey – Findings and Follow Up Action
Environment: Councillor Margaret Jones o Melingrifith Waterwheel and Pump o Conservation Area Appraisals – City Centre o Supplementary Planning Guidance: Food, Drink and Leisure Uses o Street Cleansing in the City Centre o Cardiff Local Development Plan
Finance & Service Delivery: Councillor Mark Stephens
• Interest on Section 106 Planning Contributions and Executive Response to the report of the Economic Scrutiny committee ‘Addendum to Section 106 Agreements’. • Proposals relating to Critical Illness and Carers Policy County Council of the City & County of Cardiff 18 July, 2008 108.
Health, Social Care & Wellbeing: Councillor John Dixon
• Relocation and development of Respite Care Services for Disabled Children • Development of Children’s Homes • Residence Order and Equivalent Allowances for Carers of Looked After Children • Unaccompanied Asylum Seeking Children • Children & Young Person’s Plan
Sport, Leisure & Culture: Councillor Nigel Howells
• Environment Education Facility in Cardiff Bay • Rhiwbina RFC Proposed Clubhouse • Heath Park Model Railway: Proposed Disposal of Public Open Space • Schools Grounds Maintenance: DSU
Traffic & Transportation: Councillor Delme Bowen
• A New Approach to Transport – Cardiff Transportation Agenda • High Street/St Mary Street Experimental Improvements
54 : CORPORATE QUESTIONS
Question: County Councillor Walker
Since your Deputy Leader is facing a writ for libel based on leaflets which the Monitoring Officer is quoted as describing as ‘factually incorrect and impugns the reputation and proper action of the council’, will you advise Members, particularly from your own group, to resist the temptation to make false or exaggerated claims about their fellow councillors which could result in personal writs and negative media coverage, which could bring this Council into further disrepute?
Reply : County Councillor Berman
Firstly, I would point out that I do not think it is appropriate for me to comment on matters that are being considered outside of the Council so I will not specifically address the matters contained in the preamble to your County Council of the City & County of Cardiff 18 July, 2008 109. question – although it is my understanding that your assertion is not strictly correct.
In relation to exaggerated claims, I would politely suggest that you should perhaps have words with your Group’s spokesperson on finance who repeatedly claims on an annual basis to the press that he believes he can deliver a 0% increase in Council Tax without cutting services and then proposes an alternative budget in this Chamber which is only able to deliver a 0% increase in Council Tax by cutting services.
I am unsure what specifically you might be referring to when it comes to false or exaggerated claims.
Is it the claim that appeared in a Conservative leaflet distributed in Heath prior to the 2007 Assembly elections stating that the then local Liberal Democrat councillors for Heath wanted to force children “hoping to move from Ton yr Ywen Primary to the excellent Llanishen High away from the area into other secondary schools with spare places”? In fact one of those councillors had publicly expressed her opposition to the proposals and the other two had publicly stated their belief that the proposals should proceed to a consultation in order that they could then use that consultation to argue against them.
Is it the claim in Conservative leaflets distributed prior to this year’s local elections that voting Conservative would lead to South Wales Police being better funded by the Council when in fact the Council does not actually fund South Wales Police?
Is it the claim in Conservative leaflets issued prior to this year’s local elections that Conservative Councillors had forced Cardiff Council to put extra resources into anti-graffiti initiatives? In fact the alternative budget the Conservative Group proposed this year (which was voted down by the Council) contained no proposal to provide additional funds for anti-graffiti initiatives and actually sought to make substantial unspecified savings in the service area responsible for tackling graffiti.
Is it in the claim in a Conservative leaflet being circulated in Pentyrch this week that my party has been in charge of Cardiff Council for five years? In fact the Liberal Democrats have held the leadership of the Council for just four years and seventeen days.
County Council of the City & County of Cardiff 18 July, 2008 110.
As I have indicated before in relation to similar questions, it is not necessarily my role as a politician to advise Members on issues such as legal matters for which the Council specifically employs properly qualified members of staff to provide such advice. However, if you have a specific issue of concern then I would be happy to give it what consideration I am able to.
Question : County Councillor Hyde
In the interests of maintaining acceptable standards of conduct do you, as Leader of the Council, share my deep concern that the Labour Group Leader unjustifiably accused the Council Administration of theft, which is a criminal act, at the June Council meeting and then subsequently refused an invitation from the Executive Member for Finance and Service Delivery to withdraw the accusation?
Reply : County Councillor Berman
I share your concern wholeheartedly.
There is clearly a line to be drawn between what can be accepted as part and parcel of robust political debate, and what may be considered as an unacceptable lowering of standards.
It is my view that in accusing the Administration of a criminal act, Councillor Cook would appear to me to have crossed that line.
Whilst we may disagree at times in this chamber on how public funds should be spent and to which budgets they are allocated, we have to remember that the disagreement over the procedure followed in relation to interest on Section 106 monies is merely about whether or not such interest should be added to the sums obtained for spending on the purposes for which they were obtained within specific local communities, or whether it should be allocated to the general revenue fund to be spent on council services across the board.
Councillor Cook is perfectly at liberty to disagree with the policy being followed, but I certainly think he is out of order to describe the Council’s policy as theft.
I believe that there is an onus on Group Leaders to set an example to others and, in my view, making inappropriate comparisons and accusations does not set a suitable example. County Council of the City & County of Cardiff 18 July, 2008 111.
Of course all of us can occasionally find ourselves in a position where we may have said, or written, something which oversteps the mark – and we may perhaps not realise the extent to which we have done so until it is pointed out to us. The measure of a good leader, under such circumstances, is in their ability to accept when they have crossed such a line and therefore to either apologise for what they have said or written, or withdraw their comments.
Question : County Councillor Walker
Will the Leader confirm that no special treatment will be given, in the schools reorganisation process, to the schools specifically named in the opening speech by his Deputy Leader at the May Council?
Reply : County Councillor Berman
The process for constituting school reorganisation proposals is well defined. All proposals are initially taken to the Schools Sub Committee on the basis of professional evaluation by officers. The development of the proposals, and any consultation on them, is then managed by officers who subsequently make recommendations to the Council’s Executive based on their professional evaluation.
The schools which Councillor McEvoy referred to in his speech at the May Council meeting (Lansdowne Primary and Radnor Primary) had already been part of a proposal that had been through the best part of that process. They had therefore already been the subject of a consultation carried out by the Council in the spring of this year.
Councillor McEvoy was referring in his speech to a political commitment by the Council’s coalition administration in “A Capital Vision” to consider a different way forward for that proposal based on views that had been expressed during the consultation.
This is no different from the way in which we have treated other such proposals consulted upon in the spring. In other cases, we have also agreed different ways to progress proposals in response to views put forward during consultations upon them.
I would specifically refer you to the proposals for schools reorganisation in Caerau and Trowbridge. In both cases different ways forward were proposed County Council of the City & County of Cardiff 18 July, 2008 112. by consultees, and in both cases different ways forward were subsequently agreed by the Executive.
Supplementary Question : County Councillor Walker
I am sure the Leader is aware of the sensitivity of this matter and the public perception, which is really the key to all of this. Can I recommend that he make a statement to the effect of his reply to my question, just to clear the air over this matter because I think there could well be perceptions around and maybe he just needs to clarify that?
Reply : County Councillor Berman
I would hope that the answer has clarified the point. All that we’ve talked about have been proposals which have already been out to consultation and we have been looking at different ways forward on them. As I explained, that is exactly what we’ve done in other areas. We did that in relation to the proposals relating to Caerau and Trowbridge so we are not treating the schools, that Councillor McEvoy specifically mentioned in his speech in the May Council meeting, any differently to those schools in Caerau or Trowbridge.
I would hope that we will carry on looking at the whole area of schools reorganisation on the same basis that we were looking at under the last Council term - that is working co-operatively together, engaging all stakeholders and trying to find solutions to deal with problems that have to be addressed so that we can drive forward educational standards for future generations.
So I hope that reassures Councillor Walker that nothing has changed and that we will seek to carry on moving forward in a fair and equitable manner.
Supplementary Question : County Councillor Goodway
It is not a matter of the Administration’s past process in terms of the schools’ reorganisation. It is really a matter of legitimacy of Councillor McEvoy as Deputy Leader continuing to participate in the decisions when he has clearly demonstrated his previous position to the outcome. That is something that was covered by the Monitoring Officer in her induction meetings on the Code of Conduct. Clearly there are concerns from the major opposition party here. Would the Leader agree that perhaps the sensible way forward in order to County Council of the City & County of Cardiff 18 July, 2008 113. protect the integrity of the Council’s process is to refer the matter to the Standards & Ethics Committee and ask for their guidance?
Reply : County Councillor Berman
I am aware of attempts to ‘muck-rake’ in regard to what was said and I have taken the liberty of establishing the facts myself with Kate Berry as Monitoring Officer. She has confirmed to me that nothing was said which could put any Member in a situation where they have prejudged any matter. Therefore, I think you are actually out of order in making that accusation now.
55 : SPORT, LEISURE AND CULTURE QUESTIONS
Question : County Councillor Page
In 1952 part of Heath Park was dedicated in perpetuity to the public for open recreational purposes for which the Council received almost £1million at today’s values from King George V trust. Because of an oversight on the part of the then Council, the current view of this Council is that Heath Park is no longer protected. To show good faith and to confirm its commitment to enhance open spaces in accordance with Capital Vision, will the Council rededicate the area in question under King George V Trust as recommended by the Charity Commission?
Reply : County Councillor Howells
The view that the King George V Field designation of part of Heath Park is invalid derives from legal opinion obtained by the Charity Commission itself, and applies to similar situations UK-wide.
It is a matter of record that, in 1952, the then Cardiff Corporation received a grant of £15,000, which was used to lay out the field and erect the King George V Memorial Piers at King George V Drive West. This historic payment was made over 50 years ago to a predecessor authority and I am not aware of it having any current relevance.
It is not correct to say that Heath Park is no longer protected. As an area of public open space, the park is subject to the provisions of section 123 of the Local Government Act 1972 which provides that before completing a sale or lease of public open space land, the Council must advertise its intention to do County Council of the City & County of Cardiff 18 July, 2008 114. so in the local press and then properly consider any objections received. This is the protection afforded by central government to public open space land.
I am not aware of the recommendation by the Charity Commission that the Council should dedicate or re-dedicate the area in question under the King George V Trust, but if I receive a formal request in this respect I will ensure that the Executive gives it its full and considered attention.
Supplementary Question : County Councillor Page
I will send the Council a copy of the Charity Commission recommendation but in the meantime I must ask this question. How long does this Council intend to go on insulting the memory of Her Majesty the Queen’s grandfather, King George V, as they have done in the recent past, by building Council offices on Heath Park?
Reply : County Councillor Howells
I completely refute that allegation. This Administration has done nothing of the sort. We are very proud of the parks and open spaces within Cardiff - improving them year on year. The very fact that yesterday Bute Park was awarded Green Flag status, becoming the fourth park in Cardiff to have been accorded that status, is testament to the fact that we value and protect our open spaces. I believe quite sincerely that as a Council, elected by the people of Cardiff, we are the best placed people to look after and protect our parks and open spaces.
Question : County Councillor Robson
Will the Executive Member comment on the state of the paths in Caedelyn Park?
Reply : County Councillor Howells
The paths in Parc Caedelyn are constructed with a stone dust surface. Although the paths are entirely adequate in dry conditions they are, regrettably, liable to hold water during periods of inclement weather.
The cost of resurfacing paths in a more durable tarmac surface is considerable and there are limitations in terms of what can be achieved within existing resources. Notwithstanding this, a phased programme of path replacement in County Council of the City & County of Cardiff 18 July, 2008 115.
Parc Caedelyn commenced in 2006/07 through Asset Renewal funding to tarmac a section of path off Pen y Dre. A second section of path, from the car park to Ashgrove, was completed in 2007/08. The estimated cost of resurfacing the two remaining sections of path is £33,000.
Due to the identification of greater risks, other works have taken priority during the current financial year. We are, therefore, unable to implement a further phase in 2008/09. Outstanding works will be considered for implementation under future Asset Renewal or capital programmes.
56 : TRAFFIC AND TRANSPORTATION QUESTIONS
Question : County Councillor Gasson
On the 16 th June, as a Cardiff resident, I received a letter from the Welsh Assembly Government about improved access to Cardiff Airport. I contacted our Highways Officers and heard nothing. On the 3 rd July, I received a further consultation questionnaire about the improved access to Cardiff Airport, which also mentioned dealing with the congestion at Culverhouse Cross. The document invited me to attend public consultation meetings on 9 th July, 10 th July, 11 th July and 12 th July at Wenvoe, Pendoylan, Bonvilston and Barry.
I again contacted our Highways Officers to ask whether Cardiff Highways were being consulted and whether they would request more accessible public meetings for Cardiff West residents and I have still not heard anything. What are our Highways and Traffic Officers doing about this consultation?
Reply : County Councillor Bowen
Cardiff Council has been offered the opportunity to comment on the current proposals to improve access to Cardiff International Airport. The ‘Improving Access to Cardiff International Airport’ proposal is currently out for consultation and Cardiff Council will be submitting a response to the Welsh Assembly Government by 3 October 2008. I have joined with officers in attending one of the recent consultation events that you refer to and it did serve to highlight the significance of this issue for Cardiff and for Wales.
In sum, there are 5 options being considered for development in 3 corridors. Cardiff Council has indicated previously, in a letter sent to the Welsh Assembly Government on 3 January 2008, that the Council would wish to be involved in the consultation on improving access to the airport. We will, County Council of the City & County of Cardiff 18 July, 2008 116. therefore, be requesting that similar public consultation events are arranged for Cardiff West residents in particular, especially as the various proposals include a proposal to relieve congestion at Culverhouse Cross through a new road link between the A4232 and Wenvoe.
The importance of improved access to Cardiff International Airport is underscored by the need to improve the city-region’s external connectivity and this is particularly vital in the context of the Metrix development at St Athan. The Council recognises the benefits that will flow from improved access to the airport from the M4; and the proposals relating to Culverhouse Cross are also highly significant. The Council is also supportive of options to improve accessibility to the airport by providing a choice of means of transport, including public transport, active travel modes and car sharing to reduce single occupancy car travel.
These are issues that will be explored in detail in the Council’s response to the consultation proposals.
Supplementary Question : County Councillor Gasson
When will you be able to give us some dates about consultation because Councillor Burley and I are very concerned about the impact on the Caerau ward? Are you aware that the previous proposals for widening the A4050 would affect a significant chunk of land from my ward at Caerau Lane and also the back of Councillor Burley’s house?
Reply : County Councillor Bowen
I agree with Councillor Gasson’s assessment of the importance of this consultation because the consultation process has started. I have attended by invitation, one of the earlier meetings at the Copthorne Hotel with Officers. The Council will consult widely and, in particular, the western side of Cardiff which these options impact on and we look forward very much to your input. It will be very important to Cardiff especially if we are to develop a further park and ride and so on and it could well impact on the traffic congestion at Culverhouse Cross because most of the options look at relieving this congestion. I thank you for drawing our attention to it. County Council of the City & County of Cardiff 18 July, 2008 117.
Question : County Councillor Robson
Will the Executive Member comment on the policy of permitting bunting which runs across roads (from lamppost to lamppost) in Cardiff?
Reply : County Councillor Bowen
The Highways Act 1980 gives the Council, as the Highway Authority, powers to control bunting and other such decorations above the highway.
Permission is not normally given for bunting hung across roads from lamp column to lamp column due to concerns that street lighting columns are not designed to carry such loads. Christmas lights, for example, are generally attached to building frontages.
Applications for bunting would be considered by the Council, but if this is to be hung from buildings on both sides of the street then building owners would also need to give their permission.
Question : County Councillor Gasson
Are you aware that I have had lots of complaints directly from or representatives of elderly and disabled Cardiff residents who are no longer able to access St David’s Hall, Cardiff Market or the Arcades because of either their own drivers – or even private hire drivers – inability to pick up or drop down in St Mary Street or the access roads between Westgate Street, St Mary Street and the Hayes.
In the case of the pedestrianisation of Queen Street there are several access points for the elderly and disabled via Churchill Way, Windsor Place, Park Place, Dominions Arcade and alongside the Hilton. What is being done to address this deficiency in access to these retail and cultural facilities during the current consultation on the St Mary Street closure?
Reply : County Councillor Bowen
A wide ranging Access Project is being undertaken by the Council’s Equalities Team and the Cardiff and Vale Coalition of Disabled People, which will look at all aspects of disabled access to the city centre, including parking. County Council of the City & County of Cardiff 18 July, 2008 118.
The project team is aware of the current difficulties arising from the construction programme going on in the city centre. The St David’s 2 development is having a significant impact on access to The Hayes but, when completed, will provide 130 new disabled parking spaces in the heart of the city centre and in close proximity to St David’s Hall.
The experimental scheme in St Mary Street will stay in place until the 6 th February 2009. During this time, the Council will be collecting information on how the scheme has affected traffic flows and bus usage, and will also be finding out about how the public and businesses feel about the scheme. The disabled parking spaces that were available in Guildhall Place have been relocated to Westgate Street under this experiment and, as a result, have been increased in number.
Ultimately, access for disabled people will be considered as part of the long term solution for St Mary Street. In the interim, I should clarify that private hire vehicles can still access St Mary Street provided that they are delivering passengers or picking up passengers on pre-booked calls – the operating companies are currently aware of this, as are the drivers.
Supplementary Question : County Councillor Gasson
Thank you for the detailed response and for informing me that this issue is being addressed. I have been vexed about this for some time and I have got quite angry that we have been looking at race equality and the Welsh language this afternoon but we seem to be overlooking the problems that disabled and elderly people are experiencing. Are you aware that it is some considerable way to walk if you are seriously disabled from Westgate Street and will you look at reinstating the parking places in Guildhall Place?
Reply : County Councillor Bowen
Thank you Councillor Gasson again for the timeliness of this question. These disabled parking places will be further enhanced and I have to admit that in the interim period that St David’s development is at, this particular stage is in a very sensitive transitional situation. The original places have spread out somewhat and I hope that that inconvenience will be addressed as soon as possible and we will come back in the autumn and in 2009 to look at these issues as part of a greater plan.
County Council of the City & County of Cardiff 18 July, 2008 119.
57 : COMMUNITIES HOUSING AND SOCIAL JUSTICE QUESTIONS
Question : County Councillor Elgan Morgan
It has been reported in the media that some developers are stopping work on flats that they are building around the city due to the fall in the market. What work is the council doing to ensure that we are not left with lots of half built buildings in Cardiff?
Reply : County Councillor Woodman
The residential property market operates in a cyclical manner. The pace of housing development and completions also varies with the market, as does the type of property on offer.
Changes in the housing market will necessarily have an impact on the number of new builds that will start in Cardiff and, to this extent; the Council would expect the residential market itself to react to changes in a way that will minimise the amount of unfinished buildings in the city.
Whilst you will appreciate that there is little that the Council can do to influence the current housing market directly, I understand that some developers have contacted local Housing Associations to explore ways of bringing unsold and part-completed housing units into use. We will work with Housing Associations and developers to maximise any practical opportunity that will help the Council to address the city’s strategic housing priorities within the resources available.
58 : EDUCATION AND LIFELONG LEARNING QUESTIONS
Question : County Councillor Gasson
Would the Executive Member join with me in congratulating Cwrt Yr Ala Junior School in achieving seven 1 st ’s in their recent Estyn Report?
Reply : County Councillor Berman (in Councillor Salway’s absence)
Yes, Cwrt Yr Ala’s achievement is to be congratulated. I am delighted to see that many of our schools are making very good progress and receiving excellent reports from Estyn.
County Council of the City & County of Cardiff 18 July, 2008 120.
Supplementary Question : County Councillor Gasson
Would the Member advise me and others about the consultation process in relation to the changes in the catchment areas for Caerau schools, which are referred to in the Executive Report and will you reassure me that there will be proper consultation?
Reply : County Councillor Berman(in Councillor Salway’s absence)
Yes we intend to take forward a consultation regarding the catchments relating to Caerau and then forward the proposals for the amalgamation of Cwrt Yr Ala Junior with Caerau Infants. Also the creation of the new Welsh Medium Primary will be undertaken shortly and I will ensure that Ward Members, the wider community and selected Schools are properly consulted as part of that process.
Question : County Councillor Walker
Did the Deputy Leader inform you that he was in talks with Cantonian High School about the creation of a football academy before this was released to the press? If not, should he have done so and have you now resolved the question of responsibility for schools matters within the Executive?
Reply : County Councillor Berman (in Councillor Salway’s absence)
No, this is quite clearly a ward matter that is being explored by Councillor McEvoy and the other Fairwater Councillors. It is a routine part of Council business for individual Members to seek to identify opportunities for enhancing community facilities within their wards.
Furthermore, from the Executive’s point of view, there has never been any question to resolve regarding portfolio responsibility for schools matters.
Supplementary Question : County Councillor Walker
Is the Executive Member aware that it is actually phrased in terms of a proposal which has to lead to a decision and, therefore, why wouldn’t an Executive Member at least have been informally approached about something which is likely to get that far because frankly this wasn’t just an idea that sprung up? This was something that looked very solid and a proposal that was likely to happen. County Council of the City & County of Cardiff 18 July, 2008 121.
Reply : County Councillor Berman (in Councillor Salway’s absence)
It is not unknown for the press to slightly over-state something in the way that they report it. My understanding of the reason why the matter ended up in the press is that I think there was reference to it in a public meeting in Fairwater and that’s where the press picked up the issue. Sometimes these things happen, but I am fully satisfied that all Councillor McEvoy was doing was taking forward a matter in his own ward. Therefore, there is nothing sinister about what has happened and nothing that I would have cause for concern over.
Question : County Councillor Cowan
Does this Council plan on introducing a fee for parents wishing to remove their children during term time for holiday breaks?
Reply : County Councillor Berman (in Councillor Salway’s absence)
No consideration is being given to this issue at the present time.
Question : County Councillor McKerlich
If a pupil, member of staff or parent makes a complaint or raises a civil action against the Chair of Governors, a single Governor or the entire Governing Body of a school in Cardiff, are the governors involved indemnified against the cost of legal advice, the cost of the action and any damages awarded and would these charges be borne by the school budget?
Reply : County Councillor Berman (in Councillor Salway’s absence)
A Governing Body is a corporate body and is, therefore, a separate legal entity. Because of this, individual Governors are generally protected from personal liability as a result of the Governing Body’s decisions and actions.
Provided they act honestly, reasonably and in good faith, any liability would fall on the Governing Body – even if it had exceeded its powers – rather than on individual members. This would mean that any charges would be borne by the school budget.
County Council of the City & County of Cardiff 18 July, 2008 122.
Individual Governors have no power or right to act on behalf of the Governing Body, except where the whole Governing Body has delegated a specific function to that individual, or where regulations specify that a function is to be exercised in a particular way.
The Governing Body is legally liable for all actions taken in its name by individuals or committees to which it has delegated functions. The Governing Body should, therefore, ensure that decisions to delegate specific responsibilities are properly minuted and recorded.
Supplementary Question : County Councillor McKerlich
Can you ask Councillor Salway to make sure that this statement is communicated to governing bodies of schools? I think they would welcome the clarification but I think they will be concerned by the hazards of potentially large costs which lie ahead as we encounter more and litigious parents.
Reply : County Councillor Berman (in Councillor Salway’s absence)
I will be more than happy to do that. I think that, as you say, it is important that everybody is aware of the information contained in this answer including governing bodies and I will be happy to ask her to do what you say.
Supplementary Question : County Councillor Gasson
Is this also not a matter for Governor Services? I remember when I first became a governor we had guidance on our legal liabilities as school governors but Councillor McKerlich is quite right, in this sort of environment of increasingly litigious parents perhaps there is a need for the legal guidance to be updated and perhaps Mrs Berry could work with Governor Services to make sure this is included on our Governors’ Training Programme?
Reply : County Councillor Berman (in Councillor Salway’s absence)
Yes, there may well be a training need in this regard. I am aware that Governor Services do put on quite a comprehensive programme of training for governors. But I am also aware that a lot of governors don’t necessarily participate in that training and sometimes they feel that if they have been governors for some time they don’t have to go along to training. So there is some onus on us to try to get the message out to governors that they could County Council of the City & County of Cardiff 18 July, 2008 123. benefit perhaps from learning some more about these kind of issues so that they could take their responsibilities seriously.
Question : County Councillor Cowan
To the best of your knowledge, are there any proposed changes to the catchment area for Llanishen Fach Primary School in Rhiwbina?
Reply : County Councillor Berman (in Councillor Salway’s absence)
Llanishen Fach Primary School, along with Coed Glas, Llysfaen and Thornhill primary schools, will be consulted on how catchment areas might change. This will take place in the event of the proposal to close Cefn Onn Primary School being approved, following publication of statutory notices.
Question : County Councillor McKerlich
If the investigation of an injury, sustained by a pupil or teacher while at school, found that the safety procedures were seriously flawed and that there was a major breach of the Duty of Care, who would face prosecution? Potential candidates are the Head, Chair of Governors, Chief Schools Officer, Executive Member with responsibility for Schools, Council Chief Executive or Leader of the Council.
Reply : County Councillor Berman (in Councillor Salway’s absence)
This would depend very much upon the specific facts of the case and the arrangements put in place by a particular school. To obtain greater clarity the Health and Safety Policy of the particular school would need to be examined.
The potential candidates for prosecution in the circumstances described would be all those persons with management responsibility for the area in which the breach occurred. As Governing Bodies are separate legal entities and are distinct from the Council, it is likely that liability would remain in the school. However, any decision would lie with the Health and Safety Executive.
Supplementary Question : County Councillor McKerlich
This touches on the safety of every pupil and every member of staff in every school in Cardiff and it is not satisfactory that this line of accountability should be such a fuzzy mine. In industry it is absolutely crucial that it is County Council of the City & County of Cardiff 18 July, 2008 124. known who is responsible for health and safety but in having made this comment I do once again ask that this decision should be communicated to the Chair of Governing Bodies in every school in Cardiff. I think that when they read and digest this you might find that there aren’t many people prepared to carry on in the job?
Reply : County Councillor Berman (in Councillor Salway’s absence)
I will be happy to ensure that it is conveyed to all Chairs of Governing Bodies.
Question : County Councillor Cowan
Will the Executive Member advise what consultations have been held with Llanishen Fach Primary School in relation to any proposed changes for the closure of Cefn Onn Primary School?
Reply : County Councillor Berman (in Councillor Salway’s absence)
Llanishen Fach Primary School, along with Coed Glas, Llysfaen and Thornhill primary schools, are in the process of being consulted on how catchment areas might change in the event of the proposal to close Cefn Onn being approved following publication of statutory notices.
No consultation has otherwise taken place with Llanishen Fach Primary School other than the fact that the school, in common with schools in general, has been kept informed of proposals and is, therefore, free to comment.
Question : County Councillor Cowan
In view of the fact that Llanishen Fach Primary School shares its catchment area with Cefn Onn Primary School, what effects do you think the proposed closure of Cefn Onn will have on Llanishen Fach Primary School?
Reply : County Councillor Berman (in Councillor Salway’s absence)
Consultation has begun to take place on the way in which the Cefn Onn catchment area might be distributed in the event of the proposal to close Cefn Onn being approved, following publication of statutory notices.
County Council of the City & County of Cardiff 18 July, 2008 125.
Part of the Cefn Onn Primary School catchment area is also a choice area for Coed Glas and Llanishen Fach primary schools. However, at this stage, it is not anticipated that there will be a significant impact on Llanishen Fach Primary School.
59 : HEALTH, SOCIAL CARE AND WELLBEING STATEMENT (County Councillor Dixon)
Scrutiny Matters
Since the last ordinary Council meeting on 26 June the following issues within the Health, Social Care and Wellbeing portfolio area have been before scrutiny:
• Work Place Nurseries – Children and Young People Scrutiny Committee (1 July 2008) • Performance Management Information 2007/08 – Community and Adult Services Scrutiny Committee (10 July 2008)
Executive Business Matters
The following Executive proposals relating to the portfolio were discussed at the Executive Business Meetings
• Cardiff Council Response to Proposals to Change the Structure of the NHS in Wales (7 July 2008) • WorkPlace Nurseries (14 July 2008)
Meetings and Visits
I have met with, visited or attended the following external events:
• 27 June 2008, attended WLGA AGM, Llandrindod Wells • 30 June 2008, attended a photocall with Rhodri Morgan AM, to view the Book of Aneurin • 30 June 2008, met with Gwenda Thomas AM, Deputy Minister for Social Services, to discuss general social care issues • 1 July 2008, met with Estyn Inspectors as part of their inspection of the Schools Service • 8 July 2008, attended Cardiff Voluntary Sector Compact AGM, and launched the Cardiff Health, Social Care and Wellbeing Strategy • 16 July 2008, attended NHS@60 celebration at the Senedd Building. County Council of the City & County of Cardiff 18 July, 2008 126.
60 : HEALTH, SOCIAL CARE AND WELLBEING QUESTIONS
Question : County Councillor Walker
Does the Executive Member believe in upholding the principles of honesty and integrity, as outlined in the code of conduct promoted by this Executive and approved by this Council, in all areas of his political work?
Reply : County Councillor Dixon
I’m not certain I have understood what Councillor Walker means by “promoted by this Executive”. The code is a mandatory one, as set out in The Local Authorities (Model Code of Conduct) (Wales) Order 2008 and was agreed by Council on 15 May 2008 without ever having been before the Executive for decision. If anything, the code is one that has been “promoted” by the Standards and Ethics Committee following their consideration of the Model Code on 27 November 2007.
So, as the application of the Code is mandatory on all members, compliance is an issue of statutory obligation, rather than belief.
I would, however, remind Councillor Walker that he personally would be in breach if he has not, as per Section 6.1.c of Part 5 of the Code of Conduct, reported to the Public Services Ombudsman for Wales and to the Monitoring Officer any conduct which he reasonably believes breaches the code.
Having said that, I now wait for Cllr Walker’s real question…
61 : ENVIRONMENT QUESTIONS
Question : County Councillor Elgan Morgan
The “Get It Out For Cardiff” campaign this year was reasonably successful with the standard of cleanliness kept quite high. What plans are in place to ensure that students moving into private accommodation for the first time next term will be aware of when bin day is and the collection practices considering that the food waste collections are due to start a few weeks after the start of term? County Council of the City & County of Cardiff 18 July, 2008 127.
Reply : County Councillor Margaret Jones
The results of the Get it Out for Cardiff campaign to combat end-of-term rubbish continue to improve. This year, the campaign successfully recovered 102 tonnes of green or recyclable waste from the student areas within Cathays and Plasnewydd. This accounted for over 50% of the 202 tonnes of materials collected in those areas for the period June 13th to July 1 st .
Information on the food waste rollout will be delivered to all households. In particular, we will also be targeting students by attending Freshers Fayre and working with the Student Union Representatives to get articles in publications such as Gair Rhydd. A number of other opportunities will be explored by building upon the partnerships we have developed though ‘Get It Out For Cardiff’ with the Landlords Forum and the University Representatives, to distribute information via landlords and other University media.
This will be supported by door-knocking exercises, with targeted information being delivered to other areas identified as experiencing problems understanding or participating in the scheme. These areas will be monitored during the roll-out and properties not participating correctly will be knocked to discuss the scheme.
Question : County Councillor Brian Jones
It was stated in a recent Panorama programme that citizens who put a wide range of items into the recycling process do so in the belief that those items are all recycled. The reality is different, so said Panorama, much material still goes to landfill and/or incinerators. What is happening here in our capital city? What percentage of material collected after being sorted as ‘recyclable’ by the householder does actually get recycled?
Reply : County Councillor Margaret Jones
The figures for June/July 2008 indicate that 93.7% of the waste that is put into the recycling process in Cardiff is ultimately recycled. Only 6.3% of the material which is collected as recyclable is directed to landfill, and this is primarily because of contamination with non-recyclable waste by the residents themselves. The amount of recyclable materials sent to landfill has reduced from 12% in 2007/08.
County Council of the City & County of Cardiff 18 July, 2008 128.
To reduce this percentage even further, education and awareness teams are continuing to provide information to householders regarding the types of materials suitable for collection and which containers should be used for disposal. This involves targeted communication with householders in areas with a low recycling rates (via leaflet drops or door-to-door visits) or where there are reports from collection operatives about specific contamination.
62 : FINANCE AND SERVICE DELIVERY QUESTIONS
Question : County Councillor Kirsty Davies
Would you advise members of the council on the need to comply with data protection legislation in relation to information that they hold?
Reply : County Councillor Stephens
In respect of any occasions when personal data is handled, Members must at all times comply with the requirements of the Data Protection Act 1998.
In respect of Council business, Members are covered by the Council’s Data Protection registration.
For constituency business, arrangements are being made for Members to be registered as individual Data Controllers.
Those Members affiliated to political parties should ensure that they are covered by their party’s registration for using personal data for political activities.
There are 8 principles which Members must adhere to in handling any personal data, which are as follows:
1 Personal data shall be processed fairly and lawfully and, in particular, shall not be processed unless—
(a) at least one of the conditions in Schedule 2 [of the Data Protection Act 1998] is met, and
(b) in the case of sensitive personal data, at least one of the conditions in Schedule 3 is also met.
County Council of the City & County of Cardiff 18 July, 2008 129.
2 Personal data shall be obtained only for one or more specified and lawful purposes, and shall not be further processed in any manner incompatible with that purpose or those purposes.
3 Personal data shall be adequate, relevant and not excessive in relation to the purpose or purposes for which they are processed.
4 Personal data shall be accurate and, where necessary, kept up to date.
5 Personal data processed for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.
6 Personal data shall be processed in accordance with the rights of data subjects under this Act.
7 Appropriate technical and organisational measures shall be taken against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
8 Personal data shall not be transferred to a country or territory outside the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
Formal training in Data Protection issues, including practical application of these principles will be available as part of the Member Development Programme later this year. In the meantime, advice on specific issues can be obtained from the Council’s Information Manager or Data Protection Officer.
The Information Commissioner, who is responsible for enforcing the Data Protection Act, has issued a Good Practice Note “Advice for the elected and prospective members of local authorities”, which was circulated to Members shortly after the recent elections. The table of good and bad practice in that paper illustrates some of the practical issues Members may face. Further copies are available on the ICO website at www.ico.gov.uk or from the Information Manager. County Council of the City & County of Cardiff 18 July, 2008 130.
Supplementary Question : County Councillor Kirsty Davies
I know that formal Data Protection training is being provided as part of the Members Development Programme, but can you assure us that all Members will be required to attend?
Reply : County Councillor Stephens
I think that is a fair point and we should consider it. I would agree with your conclusion and I think all Members should attend. I will ask Officers to investigate and report back to all Members.
Question : County Councillor Richard Cook
Your administration prides itself on openness and transparency; unfortunately, staff shortages have meant that the Freedom of Information Disclosure Log on the Council website has not been updated since September 2007. Please can you tell me when staff resources will be made available to update the log?
Reply : County Councillor Stephens
A disclosure log of formal requests for information made under the Freedom of Information Act is not a mandatory requirement. However, disclosure logs are recommended as good practice in the Model Publication Scheme Definition document published by the Information Commissioner’s Office, which all public sector organisations are being encouraged to adopt from 1 January 2009.
It is unfortunate, as you state, that due to the current long-term sickness absence of a key member of staff, together with an increase in the volume of work relating to the Freedom of Information and Data Protection Acts, the Council’s Information Management Services team is currently unable to return to publishing the majority of decisions on a quarterly basis, as previously undertaken.
In the coming months the Council will make available a very limited log of those decisions relating to Freedom of Information requests which are considered by the Information Manager or the Information Compliance County Council of the City & County of Cardiff 18 July, 2008 131.
Manager to be of general public interest in accord with the Information Commissioner’s guidance.
Question : County Councillor Robson
Will the Executive Member advise if there has been any significant additional cost to the Council of re-arranging the Council meeting from Thursday 17 th July 2008 to Friday 18 th July 2008?
Reply : County Councillor Stephens
There are no additional costs in relation to the rearranging of the Council meeting.
Question : County Councillor Cowan
The Coed Briwnant Development in Rhiwbina was granted planning permission before May 2004. Can you advise why it has taken until this year for Section 106 money to be spent?
Reply : County Councillor Stephens
Planning consent was granted on 16 January 2004, with a requirement, under the legal agreement, for the financial contribution to be provided following implementation of the consent, which occurred in approximately May 2006. The developer’s contribution of £16,878 was subsequently received in late September 2006.
The Council’s Culture, Leisure and Parks Service had originally intended to undertake the works soon after the developer’s contribution had been received. However, following a review of the Council’s play area stock, it became clear that a comprehensive programme of works was required to a substantial number of play areas in the city and a system needed to be put in place to enable this work to be undertaken in an efficient and cost-effective manner.
Accordingly, the original works were put on hold while a procurement exercise was undertaken to appoint a play area partner from the playground industry to assist in the delivery of a comprehensive play area refurbishment programme. This was carried out in accordance with the procedure and the minimum timescales laid down in The Public Contracts Regulations 2006 and County Council of the City & County of Cardiff 18 July, 2008 132. resulted in the appointment, in late 2007, of SMP Playgrounds as the Council's play area partner .
Following this appointment, the remainder of the 2007/08 financial year was taken up with the implementation of the first phase of the refurbishment programme using capital allocation made available by the Council for playground refurbishment. These works were completed by March 2008, since which time, Culture, Leisure and Parks have been concentrating on allocating developer contributions, including that for Llanishen Fach Play Area. Orders have now been placed and the new equipment will be in place by early August.
Question : County Councillor Cowan
Do you agree that Section 106 Money should be spent within a year of its receipt?
Reply : County Councillor Stephens
The receipt of financial contributions through Section 106 agreements is complex in terms of its structure and timescales. It is directly related to the impact of each development and, therefore, cannot be subject to a specific and generic timescale for spending. In some instances, for example, contributions from a number of funding sources or schemes are required in order to enable a particular project to be carried out.
Each case has to be treated on its merits, and the introduction of such an arbitrary timescale would undermine the legitimacy of the process and bring into question the justification for requiring the financial contribution.
63 : QUESTIONS TO THE CHAIR OF THE PLANNING COMMITTEE
Question : County Councillor Cowan
Will the Chairman of Planning advise if it is appropriate for the planning committee to vote against an officer recommendation without tabling an alternative recommendation? County Council of the City & County of Cardiff 18 July, 2008 133.
Reply : County Councillor Burfoot
The procedure of the Planning Committee requires any proposed alternative recommendation to be proposed by a member and seconded before that recommendation is voted upon.
Question : County Councillor Cowan
Will the Chairman of Planning advise if it is appropriate for two votes to be taken on one planning application during one meeting?
Reply : County Councillor Burfoot
The general position is that where the Planning Committee has made a resolution on an application, then that resolution is not to be extinguished or changed by a second resolution. At the same meeting however, the intention of the Committee members in coming to a decision is paramount and, providing the members present when the first resolution was made are still present and no others have come into the room and no executive action has been taken on the resolution, the Chairman can allow the matter to be re- opened.
Question : County Councillor Cowan
Will you agree to write to the National Assembly making representations on behalf of Councillors against granting prior approval applications relating to telecommunication masts?
Reply : County Councillor Burfoot
The regulations governing telecommunication masts identify two types of permission – planning permission for any mast 15 metres or more in height and ‘prior approval’ permission for masts below that height.
The ‘prior approval’ permission is designed to assess the visual impact of these smaller masts and does not extend to any other issues. It is deemed to be granted if a decision is not taken by the Local Planning Authority within 56 days.
County Council of the City & County of Cardiff 18 July, 2008 134.
I am not aware of any concerns expressed by other Welsh local authorities in relation to this arrangement and would not wish to support any representations to the Welsh Assembly Government that challenged the current legislation, which has been in place for a number of years.
64 : QUESTION TO THE CHAIR OF PUBLIC PROTECTION COMMITTEE
Question : County Councillor Cowan
Following the pilot project of Controlled Drinking Zones , would you please advise when Caedelyn Park in Rhiwbina will be granted this status as it is listed as number four of six in the Police's highest priority areas?
Reply : County Councillor Bridges
Earlier this year, the Public Protection Committee approved the introduction of a Designated Public Places Order covering the four main ‘hot-spot’ locations in Cardiff – Central Station, Civic Centre, Bute Park and Sophia Gardens. This approval was subject to a bid for resources being successful and completion of the necessary statutory process.
I can confirm that the necessary resources have since been identified and Legal Officers have completed the statutory process required to introduce the Order, which will take effect this month.
This trial will be overseen by the Council’s Culture, Leisure and Parks Service, who will monitor and assess the effectiveness of the Order over the next six months. The outcomes of the trial will inform a subsequent report on the potential introduction of similar Orders covering the other high priority areas in Cardiff, which is expected to be considered by the Committee in early 2009.
65 : QUESTIONS TO THE NOMINATED MEMBER OF THE SOUTH WALES POLICE AUTHORITY
Question : County Councillor Jerrett
At a recent Plasnewydd PACT meeting, concern was raised that PCSO’s in south Wales have only been given around a third of the powers that are available to them in law. Would you support a review of this situation, County Council of the City & County of Cardiff 18 July, 2008 135. particularly in relation to powers over traffic offences which would enable PCSO’s in Plasnewydd and other parts of Cardiff to be better able to act in relation to concerns being raised by local communities?
Reply : County Councillor Gasson
On 1 December 2007, Police Community Support Officers (PCSOs) powers became standardised across England and Wales. A summary of the standard powers that a South Wales Police Community Support Officer has is listed below:
• Fixed Penalties for cycling on a footpath • Fixed Penalties for littering • Fixed Penalties for dog fouling • Power to require name and address of person acting in an antisocial manner. Power to require name and address of person failing to adhere to instructions not to drink alcohol in designated public places. • Power to require name and address of person failing to comply with traffic directions • Power to require persons drinking in designated areas to surrender alcohol • Power to require under 18 to surrender alcohol • Power to seize tobacco from person under 16 (18 is the threshold for vendor offences) • Power to seize drugs and require name and address (new power – MUST be openly on display) • Power of entry and search – to save life and limb or prevent serious damage • Power to seize vehicles used to cause alarm • Power to remove abandoned vehicles • Power to stop cycles • Power to control traffic • Power to carry out road checks (Superintendents Authority) • Power to place signs • Power to enforce cordons (Prevention of terrorism only) • Power to stop and search (Prevention of terrorism legislation and only under the direction of a Constable) • Power to photograph persons away from station (includes digital and moving images)
County Council of the City & County of Cardiff 18 July, 2008 136.
The only power of note that South Wales Police, alongside the majority of police forces, has not issued is that of the detention power. Powers for PCSOs to detain persons is subject to national review and risk assessment. There is no evidence to suggest that PCSOs not having this power is detrimental to their role.
Question : County Councillor McKerlich
What is the number of Community Support Officers, Police Constables and higher ranks currently employed by South Wales Police Authority?
Reply : County Councillor Gasson
The current strength of the force is as follows:
Police Community Support Officers = 315
Police Constables = 2,418
Other ranks = 777
Supplementary Question : County Councillor McKerlich
Radyr and Morganstown share a Community Policeman with Gwaelod Y Garth and Pentyrch. This covers 10,000 of a population and a very large geographical area and is far too much for one man to do sensibly. Between the two they contribute about 1/80 th of the total income of the South Wales Police Authority. This would mean that these wards would get roughly 30 PCs and about 10 other ranks I am not asking for that number but we should have a Community Policeman for each of these two very large wards. Can you pass this on to the Police Authority please on our behalf?
Reply : County Councillor Gasson
I would just point out to you that Cardiff actually pays a considerable contribution in terms of precept to the South Wales Police Authority because of the number of citizens we have and because of the higher Council tax so we don’t allocate police officers or PCSOs pro rata to the amount of Council tax. That is not the way it works in the Police Authority or in Local Government as I understand it. However, I do hear what you say and I do recognise that there is a substantial geographical area and when I next meet County Council of the City & County of Cardiff 18 July, 2008 137. with the BCU Commander I or Tim will raise it. We have been trying to share around PCs/PCSOs for every ward in Cardiff so that there is a fairer distribution.
Supplementary Question : County Councillor Woodman
Councillor Gasson would you agree that Councillor McKerlich has asked about Community Support Officers, Police Constables and higher ranks but he hasn’t asked about Special Constables and they also serve our communities very well in the City?
Reply : County Councillor Gasson
Yes they do and I regret that that wasn’t in my official answer and, of course, we are now looking for volunteers as well.
Question : County Councillor Richard Cook
In June, a firebomb was thrown through the window of my colleague, Councillor Patel's car outside his house. Last Friday, an object was thrown through the window of his father's house, next door to his house. This level of intimidation of a democratically elected Councillor who stands up to anti- social behaviour in his community is totally unacceptable.
Last Friday, it took police officers 25 minutes to respond to an emergency call for help, by this time the perpetrators had disappeared. What actions have the police taken and what additional actions will they take after last Friday's incident to protect Councillor Patel from this type of harassment?
Reply : County Councillor Gasson
Shortly before 10.55pm on 27 May 2008, the emergency services attended at Councillor Patel’s home following reports of damage to his vehicle by fire. A thorough investigation ensued and is still underway in an effort to identify the culprit who, at this time, remains unknown. Extensive house-to-house enquiries in the area proved fruitless, but an examination upon the vehicle by crime scene investigators has revealed a fingerprint and other investigative opportunities in the hope of identifying the offender. Councillor Patel has been updated regularly and is aware of the current state of the investigation.
County Council of the City & County of Cardiff 18 July, 2008 138.
In terms of the incident reported at his father’s home, it was reported to local units at 11.18pm with first responders on the scene at 11.26pm in spite of allegations of rape and a stabbing that were underway at the same time. The offenders were not known and, again, enquiries continue to try and identify those responsible. Again, Councillor Patel is fully aware of the present position.
Councillor Patel’s home is the subject of patrols and other investigative opportunities that he is aware of and, in the light of a recent media article, he attended at Canton Police Station on Thursday, July 17, 2008. There, he met with Chief Inspector Morgan and Inspector Smith in a constructive meeting of almost two hours duration, during which time the above issues were discussed once more, as well as local police responses to incidents of anti-social behaviour in the area of Wembley Road and York Street.
Documentation has been submitted in respect of applications for Anti Social Behaviour Orders and replies are awaited in respect of those culprits known to Councillor Patel and the community.
He has also been reassured that efforts will continue still further in respect of such anti-social behaviour and the investigations into the above two criminal acts.
Supplementary Question : County Councillor Richard Cook
In your reply, as the representative of the Police Authority, it states that the incident was reported at 11.18pm and the first responders were on the scene at 11.26pm. Can I ask why it takes 26 minutes for a 999 call to get a reply and why the police are playing games with statistics? A 999 call went out at 11.00pm and it says it was reported to a local unit at 11.18pm. That is unacceptable. I accept that the police took the first incident seriously and they put cameras into Councillor Patel’s house to record any incidents happening outside. When the second incident occurred it took them 5 days to collect the tapes from those cameras. I don’t think that is taking the incident seriously enough. How can the police expect any citizen of Cardiff to report anti-social behaviour when they are unable to react in time - when elected Members do stand up to anti-social behaviour in their areas and have these sort of attacks on their families, houses and cars? I think it is totally unacceptable and I also have to say that I find it upsetting that the Chief Executive has not written to Councillor Patel to express concern despite having been informed about it. I am sorry to say that. There may have been a breakdown but I would County Council of the City & County of Cardiff 18 July, 2008 139. appreciate, and Councillor Patel would appreciate, a letter supporting him and his family at this stressful time.
Reply : County Councillor Gasson
Councillor Cook you will appreciate that I cannot comment on operational matters because that’s outside my remit and the responsibility really lies with the BCU Commander or the Deputy Inspector for that night. However, Councillor Patel does have the opportunity of lodging a complaint which is open to anyone with a complaint about the Police Service.
Can I personally extend my sorrow to hear about this? I was horrified when I read about it in the paper. It is sometimes the price that we Councillors, who have high profiles, have to pay. I have been lucky not to have been firebombed but I have had fireworks directed at my house, I have had my garage broken into, I have had my house broken into, I have had my car stoned and that’s often the penalty of being a high profile person. But that doesn’t detract from the fact that you should have had a quick response. The response from the Officers said they were dealing with a rape and a stabbing at the same time and whilst it might not seem quick to you, in terms of other offences I have seen, that’s a fairly quick response. I know it’s not a lot of consolation to you. I will raise it with the BCU Commander when we meet with him but as I said earlier I cannot comment on operational matters but if you are not satisfied with the response then you must make a complaint.
County Councillor Walker
Can I ask whether Council will support me in passing on our best wishes to Councillor Patel and also our sympathy for what has happened?
What has been happening has been totally insupportable and I think we all ought to come together on these things when Councillors are threatened and assaulted in this way.
County Councillor Patel
I would like to thank everyone who have shown their support for me. I am extremely grateful.
(The meeting finished at 6.30 pm)