Agenda item - Notices of Motion.

(a)   Impact of School Costs on Families.  Proposed by Councillor Pat Hawkes.

 

(b)  Fair Tips for Hotel and Restaurant Staff.  Proposed by Councillor Warren Morgan.

 

(c)   Sexual Violence.  Proposed by Councillor Juliet McCaffery.

 

(d)  Renewable Energy Tariff.  Proposed by Councillor Paul Steedman.

 

(e)   Review of Gurkha Rights.  Proposed by Councillor Steve Harmer-Strange.

 

(f)     Supporting the Blind or Visually Impaired People in Brighton and Hove.  Proposed by Councillor Brian Pidgeon.

 

(g)  Proposed Changes to Local ITV News.  Proposed by Councillor Ayas Fallon-Khan.

 

(h)  Extension of TV Licence Concessions for the Elderly.  Proposed by Councillor Caulfield.

 

(i)     Food Recycling Scheme.  Proposed by Councillor Juliet McCaffery.

 

(j)     The Development of ‘Green Industries’ in Brighton and Hove.  Proposed by Councillor Bill Randall.

 

(k)   Sustainable Communities Act.  Proposed by Councillor Keith Taylor.

(a)            Impact of School Costs on Families

 

25.1    The Notice of Motion as detailed in the agenda was proposed by Councillor Hawkes and seconded by Councillor Morgan.

 

25.2       Councillor Fryer moved an amendment, which was seconded by Councillor Duncan and accepted by Councillor Hawkes.

 

25.3       Councillor Mrs. Brown moved an amendment, seconded by Councillor Older, which was put to the vote by the Mayor and lost.

 

25.4       The Mayor then put the following Notice of Motion as amended to the vote:

 

          “Every child in Britain has the right to a free, state education, yet for many families meeting the costs of school uniform, school trips and specialist equipment poses a real challenge that can contribute to debt and financial hardship.

 

          This council seeks to play its part in ensuring that financial help and advice available to families in relation to the broader costs of attending school are effectively communicated and recognises that a child’s confidence and ability to learn can be affected by their not having the same opportunities as others due to an inability to pay.

 

          This council notes that:

 

·       Latest figures published by the Campaign to End Child Poverty a coalition of charities and campaign groups including Save the Children and the TUC show that 50 per cent of children in Brighton Kemptown, 39 per cent of children in Hove and 37 per cent of children in Brighton Pavilion are living in poverty.

 

·       In a 2007 survey of parents undertaken by the Schools Costs Coalition, 3/4 of parents of secondary school children and 2/3 of parents of primary school children found it difficult to meet the costs of school uniforms and school trips.

 

·       There is a lack of knowledge about available financial assistance.

·       There is widespread concern that the children of families unable to meet these costs are more likely to suffer bullying and to be disciplined as a result.

 

·       That the Government’s new Admissions Code to be implemented in September 2008 does, for the first time, make clear the importance of limiting the cost of school uniform and school trips.

 

          This council therefore resolves to:

 

          Give its support to the ‘Adding up’ campaign led by the Citizen’s Advice Bureau that highlights the range and impact of school costs on families and gives guidance to schools on how those costs can be mitigated.

 

          Instruct the Chief Executive of Brighton & Hove City Council to write to the Secretary of State for Children, Schools and Families urging him to:

 

·       Ensure the Government keeps its 1999 promise to half child poverty levels by 2010 and eradicates child poverty from the UK by 2020.

 

·       Accept the requests in Early Day Motion 1234 from John Battle MP that a statutory duty is placed on local authorities to provide uniform grants for families in receipt of maximum child tax credit.

·       For the Government to identify a budget for the provision of standardised school uniform and school trip grants to Local Authorities.

 

·       Consider making the school costs requirements of the new Admissions Code enforceable via the Schools Adjudicator who should have the power to investigate on behalf of parents.

 

·       Calls on the Cabinet Member for Children & Young People to give consideration to bringing forward a report to an early meeting of the Children & Young People’s Trust Board setting out the council’s approach to working with schools to ensure that families are informed of support available, how the LEA will achieve compliance with the new Admissions Code in relation to keeping school costs low and explores the provision of an appropriate sum within the 2009/2010 budget for the LEA to use as grant funding in this regard.”

         

25.5    The motion was carried.

 

(b)            Fair Tips for Hotel and Restaurant Staff

 

25.6    The Notice of Motion as detailed in the agenda was proposed by Councillor Morgan and seconded by Councillor Davis.

 

25.7       Councillor Oxley moved an amendment, which was seconded by Councillor Hyde which was put to the vote by the Mayor and carried.

 

25.8       Councillor Duncan moved an amendment, seconded by Councillor Rufus, which was put to the vote by the Mayor and lost.

 

25.9       The Mayor then put the following Notice of Motion as amended to the vote:

 

          “A significant part of Brighton and Hove’s economy is dependent on the hospitality sector, with many hundreds of restaurants and hotels employing thousands of staff to serve their customers.

 

          This council welcomes the tightening of legislation by the Labour Government, which will now prevent businesses from making up the minimum wage of their staff with money from tips or service charges.  This was a result of the Fair Tips Charter Campaign by Unite the union, and while recognising there are honourable owners of hotels, restaurants, and other hospitality outlets who ensure that all gratuities are paid to their staff in addition to at least the minimum wage without deductions, acknowledges that this is not always the case.

 

          This council is also aware that HM Revenue and Customs class service charges, cover charges, gratuities and tips as gratuities for national insurance contributions purposes, yet many hospitality establishments still treat these as extra payments to the proprietors and do not pass them on to their staff and often use them to pay for extras such as ‘customer walk outs’ and breakages.

 

          This council supports responsible businesses who:

 

·       Pay all employees at least the minimum wage with 100% of tips added on top as a bonus with no hidden charges.

 

·       Reach agreement on how tips are shared with those staff directly.

 

·       Make no deductions from tips to cover breakages, till shortages or customer walk-outs.

 

·       Make all rules for the distribution of tips and service charges available in writing for staff and customers on request.

 

          However, this Council notes that it is not local councils, but the Government’s HM Revenue & Customs department who are responsible for policing the minimum wage and national insurance contributions, and, therefore, resolves to write to them requesting information on the actions being taken to ensure that the national minimum wage is enforced fairly and effectively in Brighton & Hove.”

 

25.10  The motion was carried.

 

(c)            Sexual Violence

 

25.11    The Notice of Motion as detailed in the agenda was proposed by Councillor McCaffery and seconded by Councillor Hawkes.

 

25.12Councillor Simson moved an amendment, which was seconded by Councillor Mears and accepted by Councillor McCaffery.

 

25.13The Mayor then put the following Notice of Motion as amended to the vote:

 

         

          “This council welcomes the proposed strategy to combat sexual violence and abuse in the public domain as well as the domestic domain as set out in the Community Safety Strategy proposed for 2008 – 2011 and recommends increasing the support provided to victims. Reduction in the level of sexual violence is now a performance indicator for the first time.

 

          The government’s guidance confirms that sexual violence and abuse in adulthood are massively under-reported by both male and female victims. This council notes that 98% of offenders are male and 82% of victims are female.

 

          Women suffer from rape in much greater numbers then men. Women have a greater fear of rape than any other crime. Moreover the conviction rate is only 6%.

 

          57.5% of sex workers reported that they had experienced violence or abuse and, of those, only 12.5% had reported those incidents to the police.

 

          Research indicates a strong correlation between alcohol and sexual violence and that perpetrators and victims of assault are likely to have consumed alcohol.

 

          This Council notes that the most successful method of tackling sexual violence is through multi-agency working as local authorities are reliant on the police to catch and prosecute those who commit sexual violence.

 

          This Council notes that the Crime and Disorder Reduction Partnership are producing a holistic strategy to tackle sexual violence due to be published by January 2009.

 

          This council proposes that the Cabinet Member for Community Affairs, Inclusion & Internal Relations gives consideration to ensuring that:

 

·       Strategies to reduce sexual violence and violence against women be given as high a priority as domestic violence in all council policies such as the Licensing Act, the Sex Workers Strategy, Gender Equality Action Plans, and HR Policies.

 

·       The correlation between alcohol consumption and sexual violence be recognised when drawing up safety strategies, for the “night time” economy (such as closely monitoring and reviewing the number of premises selling alcohol, and lobbying the Government to give local authorities greater control of the licensing of establishments offering sexual stimulation)

·       Provide appropriate and effective support to the victims, such as crisis centres and counseling recognising the majority are victims are women.

 

·       When recommendations are produced by the Crime and Disorder Reduction Partnership they are used to inform the council’s approach to the provision of appropriate financial support to those third sector organizations who have the experience to provide appropriate support.”

 

25.14  The motion was carried.

 

(d)            Renewable Energy Tariff

 

25.15    The Notice of Motion as detailed in the agenda was proposed by Councillor Steedman and seconded by Councillor Wakefield-Jarrett.

 

25.16    Councillor Oxley moved an amendment, which was seconded by Councillor Cobb and accepted by Councillor Steedman.

 

25.17The Mayor then put the following Notice of Motion as amended to the vote:

 

          “This council notes:

 

·       that the UK produces less than 2% of its total energy from Renewable Energy  sources and is at the bottom the European Renewable Energy  ‘league table’.

·       that countries in the European Union that have adopted a fixed term Renewable Energy Tariff such as Germany, Italy and Spain have seen a substantial rise in the percentage of their energy from renewable sources.

·       that by establishing a framework and requirement for local renewable energy generation Brighton & Hove will make a significant contribution to carbon dioxide reduction and enjoy greater protection from cost instability.  Such uncertainty over future energy costs makes it extremely difficult for both public and private sector organisations in our City to forward plan.

 

          Therefore this council:

 

·       Supports the amendment to the Energy Bill currently before Parliament that calls on Government to establish a Renewable Energy Tariff within 12 months for the generation of local renewable heat, renewable power and renewable gas.

 

·       Notes that the amendment – the ‘new clause 4’ – is supported by the front benches of both the Conservative and Liberal Democrat parties in the House of Commons but not by the Labour Government.

 

·       Requests the Chief Executive to write to the new Secretary of State for Energy and Climate Change, Ed Miliband MP, calling on the UK Government to act with urgency and to ensure the adoption of a Tariff for local energy under the current Energy Bill which has been delayed over the summer, and to copy his letter to appropriate lobbying bodies.”
    

25.18  The motion was carried.

 

(e)            Review of Gurkha Rights

 

25.19    The Notice of Motion as detailed in the agenda was proposed by Councillor Harmer-Strange and seconded by Councillors Elgood and Janio.

 

25.20    Councillor Harmer-Strange informed the council that as a result of the recent High Court Ruling announced on the 7^th October, in accordance with procedural rule 13.5 he wished to alter his notice of motion to reflect the outcome. As the designated Seconder on the motion Councillor Elgood formerly seconded the amended motion.

 

25.21    Councillor Marsh moved an amendment, seconded by Councillor Mitchell, which was put to the vote by the Mayor and lost.

 

25.22The Mayor then put the following Notice of Motion as amended to the vote:

 

“In November, residents of Brighton & Hove will once again mark the dedication and commitment of those who have served in and supported this country’s armed forces.

 

          This Council:

 

          Welcomes the opening in Reading of the first UK office of the United British-Gurkha Ex-Servicemen’s Association.

 

          Recognises that Gurkhas have played an active front line part in the British Army’s activities in times of war and peace for nearly 200 years. In this period approximately 300,000 have fought alongside United Kingdom soldiers, with 45,000 of them being either killed or wounded.

 

          Acknowledges that the Government announced in September 2004 a change in immigration rules that allowed Gurkhas who had served in the British Army to settle in the United Kingdom with their families.

 

          Notes with concern however that this offer has only been extended to cover those Gurkhas who had served at least four years and been discharged after 1st July 1997.

 

          Welcomes the High Court’s decision acknowledge the “moral debt of honour” to the Gurkhas and overturn the Government’s unlawful denial of full immigration rights to the Gurkhas.

 

          Notes the Government’s agreement to review all Gurkha immigration cases by the end of the year.

 

          Expresses concern that the Home Secretary has made no commitment ending the discrimination of Gurkhas and may still deny Gurkhas the right to remain in the UK despite the landmark High Court ruling.

 

          Wishes to highlight that the Government has made no announcement on giving Gurkhas a fair deal on their pensions and they are still denied proper remuneration for their sacrifice and long years of service.

 

          In view of this, this Council instructs the Chief Executive to write to the Prime Minister, the Home Secretary, and the Secretary of State for Defence, asking them to:

 

1.     accept the High Court ruling and change the immigration rules for ex Ghurkha soldiers and their families,

 

2.     consider their rights of citizenship and voting,

 

3.     offer Gurkhas a fair deal on their pensions.”

 

25.23The motion was carried.

 

(f)             Supporting the Blind and Visually Impaired People in Brighton and Hove

 

25.24  The Notice of Motion as detailed in the agenda was proposed by Councillor Pidgeon and seconded by Councillor Smith.

 

25.25  The Mayor then put the following Notice of Motion to the vote:

 

          “This Council notes the recent publication of ‘Good Practice in Sight’ (October 2008) by the Royal National Institute for the Blind and supports its advocacy of the well-being of people who are blind or visually impaired.

 

          We also note the support for the report from The Association of Directors of Adult Social Services (ADASS) and the Department of Health.

 

          In accordance with Good Practice in Sight, this Council supports the increase in person-centred delivery of care services as a way of offering each individual the most appropriate support.

 

          This Council:

 

1.     Praises the implementation of the ‘Putting People First’ concordat that gives visually impaired people access to individual budgets, accompanied by comprehensive advice and support so that they can make best use of them.

 

2.     Calls on the Director for Adult Social Care to continue to acknowledge and support the particular needs of blind or visually impaired people and maintain the high standards of care they receive from Brighton & Hove City Council during the transition to greater self-directed budgeting.

 

3.     Recognises the importance of early intervention services when dealing with people who have recently suffered sight loss and asks that Brighton & Hove care services continue, wherever possible, to be proactive in identifying and assisting those with new sight loss problems.

 

4.     Requests that Brighton & Hove City Council continues to work closely with voluntary sector partners in order to provide a joined-up network of support for blind or visually impaired people and their carers.

 

5.     Instructs the Chief Executive to write to the LGA requesting that they disseminate the information and encourage member authoritiesto implement the best practice recommendations in ‘Good Practice in Sight.”

 

25.26  The motion was carried.

 

(g)            Proposed Changes to Local ITV News

 

25.27  The Notice of Motion as detailed in the agenda was proposed by Councillor Fallon-Khan and seconded by Councillor Older.

 

25.28  The Mayor then put the following Notice of Motion to the vote:

 

          “This Council notes with concern the current proposals by ITV to merge the three Meridian news services – Meridian South East, Meridian South and Thames Valley - into one, from the start of 2009. This new regional programme will cover an area stretching from Kent and south Essex in the east to Dorset in the west as well as north to Oxfordshire and Buckinghamshire.

 

          Nationwide, ITV plans to axe local news services and halve regional services whilst cutting up to 50% from regional news budgets.

 

          This Council believes that the proposed cuts will result in a worse service for viewers with new regional services covering wide and inappropriate geographical areas. Ultimately, the result will be that local people are less well informed of local issues.

 

          Furthermore, this Council notes that the Office of Communication’s (OFCOM) second review of Public Service Broadcasting, published in September, broadly backed the ITV proposals on news coverage and that OFCOM are now carrying out a consultation on the review, which closes on 4^th December.

 

          The Council therefore resolves to:

 

1.     Make representations to OFCOM’s Public Service Broadcasting review consultation, urging them to review these plans and act in the interests of the residents of Brighton & Hove, many of whom rely on ITV Meridian news to keep them informed of local issues. Alternative sustainable models should be explored by the Government, OFCOM and ITV themselves to help preserve local news into the future.

 

2.     Write to the City’s three MPs urging them to support the Council’s response and to make representations to Government to highlight the concern forthe loss of local news services.”

 

25.29  The motion was carried.

 

(h)            Extension of TV Licence Concessions for the Elderly

 

25.30  The Notice of Motion as detailed in the agenda was proposed by Councillor Caulfield and seconded by Councillor Barnett.

 

25.31  The Mayor then put the following Notice of Motion to the vote:

 

          “This Council calls on the Government to extend TV License Concessions to retired elderly or disabled people living in or sheltered accommodation.

 

          This Council believes that the current system is deeply unjust because it sees some benefit while others get nothing.

 

          At present elderly and disabled people, who live in sheltered housing, can only receive TV license concessions if their accommodation meets the strict eligibility criteria set out by the Government.

         

          One of the most stringent elements of the criteria is that TV license concessions are only granted if sheltered homes have a person (e.g. warden) whose function is to care for the needs of the residents. The individual or warden must either live on site or work in the sheltered accommodation for at least 30 hours a week for the concession to be granted.

 

          This Council thinks that it is wholly unfair that many residents of Brighton and Hove sheltered accommodation (such as those in Hazelholt and Evelyn Court) are excluded from the scheme because they do not have a warden who works more than 30 hours a week.

 

          This Council believes that there is no justifiable reason why not having a warden on-site for more than 30 hours should disbar disabled or retired elderly people from receiving a TV license concession. Furthermore this policy seems contrary to greater personalised care being introduced by local authorities across the country as fewer people will benefit for TV license concessions.

 

          Consequently, this Council requests the Chief Executive to write to the Government to ask them to correct this injustice and make TV licence concessions available to disabled and retired elderly residents in sheltered accommodation regardless of whether they have a full-time warden or not.”

 

25.32  The motion was carried.

 

(i)              Food Recycling Scheme

 

25.33    The Notice of Motion as detailed in the agenda was proposed by Councillor McCaffery and seconded by Councillor Davis.

 

25.34    The Mayor then put the following Notice of Motion to the vote:

 

          “Kitchen waste currently makes up one third of the domestic refuse in Brighton and Hove waste stream, which we should be diverting away from landfill or incineration. 

 

          Work on a Local Waste Strategy that would have continued the reduction of waste in Brighton and Hove, was started by the previous administration in conjunction with local residents, interest groups and businesses.  It is a matter of regret that this strategy has not been published for discussion by this council.

 

          Nineteen Local Authorities carried out kerbside food waste collection pilots under the WRAP, with very good results.  They reported:

 

          Collectively the trials provided a service to over 94,000 households and during the trials a total of 4,400 tonnes of food waste was diverted from landfill avoiding the emission of the equivalent of 2,000 tonnes of CO₂ (assuming that all the food waste went to in-vessel composting).  Average food waste yields per household served per week ranged from 0.3 kg (bring scheme) to 2.2 kg (kerbside); this is equivalent to each household avoiding the equivalent of between 0.1 kg and 0.99 kg of CO₂ each week.

 

          Such a scheme would continue the good work already started by the previous administration in terms of driving down levels of waste throughout the city.

 

          This council therefore requests the Cabinet Member for Environment to give consideration toapplying to the Waste and Resources Action Programme (WRAP) for support in setting up a food recycling scheme.”

 

25.35  The vote was tied and in the absence of a casting vote being used by the Mayor, the status-qou remained and the motion was lost.

 

(j)              The Development of ‘Green Industries’ in Brighton and Hove

 

25.36    The Notice of Motion as detailed in the agenda was proposed by Councillor Randall and seconded by Councillor Kennedy.

 

25.37Councillor Turton moved an amendment, which was seconded by Councillor Mitchell and accepted by Councillor Randall.

 

25.38Councillor Oxley moved an amendment, which was seconded by Councillor Kemble and accepted by Councillor Randall.

 

25.39The Mayor then put the following Notice of Motion as amended to the vote:

 

“This council notes:

(1)       The critical importance of an expansion of ‘green’ industries as part of the move to a low-carbon economy in the UK.

 

(2)       The large-scale ‘green collar’ employment opportunities offered by any expansion.

 

(3)       The publication in September of the Government’s new industry strategy, Manufacturing: new challenges, new opportunities, which promises almost £150 million of medium term support for UK manufacturing to develop skills and to target the opportunities created by the move toward a low carbon economy.

 

(4)       The conclusion in the Brighton and Hove City Employment and Skills plan 2008/2011 that 16,000 additional jobs must be created in the city during the next ten years, if we are to get close to reaching the national aspiration of an employment rate of 80 per cent.

 

(5)       The success of our city in embracing new ideas and new technologies to build and sustain a thriving creative industries sector.

 

(6)       The recent announcement by the Committee on Climate Change that a cut in carbon emissions of 80% by 2050 is achievable and the statement by the Prime minister on 23^rd September that this would create at least one million extra jobs.

 

          The council therefore:

 

(1)   Requests the executive to consider the potential for supporting and encouraging the development of ‘green industries’ in Brighton and Hove in the context of the city’s new Business Retention and Inwards Investment Study, which will be published shortly.

 

(2)   Instructs the Chief Executive to write to SEEDA to request funding to further promote growth of the ‘green economy’ in Brighton and Hove.”

 

25.40  The motion was carried.

 

(k)            Sustainable Communities Act

 

25.40    The Notice of Motion as detailed in the agenda was proposed by Councillor Taylor and seconded by Councillors Simson and Elgood.

 

25.41    Councillor Mitchell moved an amendment, seconded by Councillor Morgan, which as put to the vote by the Mayor and lost.

 

25.42    The Mayor then put the following Notice of Motion to the vote:

 

“That this Council

 

(i) notes that local authorities and their communities know best how to improve local areas and solve local problems and so should determine how to promote thriving communities; and so

 

(ii) supports the bottom up process in the Sustainable Communities Act designed to allow local authorities and their communities to drive the help and assistance that central government gives to promote thriving, sustainable communities;

 

(iii)notes that the Act became law in October 2007 with full cross party support and that this was a result of 5 year campaign run by a coalition of over 90 national citizens organisations called Local Works;

 

(iv)notes that the Act gives local authorities the power to

 

·       make proposals to government on the action and help government must take or give to promote sustainable communities in that local authority’s area, and

·       argue for a transfer of public money spent in that local authority’s area and it’s related function from central to local control;

 

(v)notes that the Act defines the sustainability of local communities broadly, that definition having the 4 aspects of

 

·       the improvement of the local economy,

·       protection of the environment,

·       promotion of social inclusion, and

·       participation in civic and political activity;

 

(vi)notes that the Local Works coalition, that campaigned for 5 years to see the Act become law, give a number of reasons for why a local authority should choose to use the Act, those reasons being

 

1. Assistance from government - Community decline is happening everywhere and local authorities are not able to prevent it on their own.  They need government help. This Act gives government a legal duty 'to assist local authorities in promoting the sustainability of local communities'.  So by ‘opting in’ local authorities are, in fact, signing up to receive that 'assistance'.

 

2. Power to determine that assistance - The Act also gives local authorities (and their representative body, the Local Government Association) real power to determine the nature of the assistance that they receive from government, as explained more fully in our campaign broadsheet on implementing the Act (contact us for free copies).

 

3.  Strength in numbers - By opting in, local authorities can act in unison to put in proposals to government supported by their colleagues elsewhere.  Joint suggestions by many authorities will make it even harder for the government to refuse to act on suggestions made by local authorities.

 

4. Transferring functions and monies from central to local control - The Act also enables local authorities - and thus local authorities acting together - to request the transfer of functions from government or government agencies to themselves. Because decisions on these requests must be made by the LGA and the Secretary of State trying to reach agreement (i.e. in co-operation), this can be used to regain from central government control of many powers and spending that affect local areas.

 

5. Access to Central Spending Accounts Information - The requirement in the Act for the government to ‘open the books’ will mean that local authorities will know just how much extra money they can access if they push for a transfer of functions.

 

6. Democratic citizen involvement - All politicians (and many local authority officers) talk a lot about lack of public involvement in democracy. The recent Power report showed that the more people think that their involvement matters, the more they are likely to get involved. The very 'hassle' required by this Act (reaching agreement with – not consulting – citizens’ panels) empowers citizens. Local authorities may well consider that this is a way of increasing citizen involvement; and

 

               (vii) resolves:

 

·       when invited to by central government, to consider using the Act by preparing and submitting proposals on how central government can help; and

 

·       to request the Chief Executive to write to local MPs and the Local Works campaign, informing them of this decision.”

 

25.43    The motion was carried.