Agenda item - Oral questions from Councillors

72.1         The Mayor noted that notification of 8 oral questions had been received and that 30 minutes was set aside for the duration of the item.  He informed the Council that Councillor Pissaridou had notified him of her wish to withdraw her question and then invited Councillor G. Theobald to put his question to Councillor West.

 

(a)             Travellers and the Use of Injunctions

 

72.2         Councillor G. Theobald asked; “Given the seemingly ever increasing problems with unauthorised encampments on the cities sensitive parks and open spaces, many residents have suggested to me that this Council follows the lead of Harlow and Leeds Councils in seeking a court injunction barring travellers from camping on these sites. Does Councillor West agree with those residents many of whom live near him in my ward?”

 

72.3         Councillor West replied; “The ability to use injunctions on Travellers is actually quite a new power. It’s as yet untested in law and there are risks of challenge. What I understand about Harlow compared with Brighton and Hove is that they actually have 44 permanent pitches and that actually puts them in a stronger position to use restricted legal remedies against Travellers on unauthorised encampments. I would therefore hope that Councillor Theobald would be supportive of our endeavour to build a permanent travel site and I was reading his ward newsletter the other day which demonstrated the amount of effort he’s put in to challenging encampments in parks in the ward but also continues to oppose the permanent Traveller site that we are trying to develop.  So if he wants to be like Harlow he needs to help us build permanent pitches where people can live in dignity instead of finding themselves forced to camp on our parks.”

 

72.4         Councillor G. Theobald asked the following supplementary question; “If Harlow and Leeds have been able to do it there’s no good reason why we cannot and Chief Superintendent Nev Kemp, no less a person, is quoted as saying, “an injunction similar to Harlow would make policing unauthorised encampments both easier and more effective.  Why doesn’t Councillor West, in the period of their dying administration, get the ball rolling so that we can take it forward after May 7^th?”

 

72.5         Councillor West replied; “The injunctions are used against individuals, I don’t believe they can be used against encampments as a whole; whole groups of un-named people. We are nevertheless exploring the use of injunctions in an appropriate way; what that opportunity offers to us and we’re also looking at public space protection orders as well but as I say the only real answer to the problems that this City faces and the Travellers themselves and their communities is the provision of more proper provision.  I would also add to this Councillor, your party and the Labour Party’s resistance to us actually establishing a temporary site for when we have to close the transit site in order to develop the permanent one. That is going to lead to the likelihood that we will actually see more unauthorised encampments and it will be your fault.”

 

(b)             Car Parking on Housing Land, Ingram Crescent

 

72.6         The Mayor noted the question had been withdrawn.

 

(c)             Provision of Youth Services

 

72.7         Councillor Farrow asked; “Following the setting of the Council budget, will the chair outline for residents the administration’s proposals for the councils and council sponsored voluntary sector youth services across the city?”

 

72.8         Councillor Shanks replied; “I am really pleased that in the budget we were able to keep the funding for the both the collective funding and for the Councils youth service. For the moment, we are going to be having a review looking at how we work, how our youth worker is across the city and we haven’t got any further reductions in budgets, so I’m pleased with the fact that we’ve been able to preserve that. What we want to do is to look at how it’s working, what works best, how we should best use the resources we’ve got in the most effective way. So that review is going to involve the voluntary sector, our own staff and the youth council.”

 

72.9         Councillor Farrow asked the following supplementary question; “Does that mean that the existing youth support workers in Moulsecoomb and Bevendean will be able to continue their work in assisting young people across the ward?”

 

72.10      Councillor Shanks replied; “The 67 centre is used both by our staff but also by the collective on another night, so it’s quite well used and they have a bike repair project and lots of activities, and I do think that is really important for young people to have somewhere to go. We’ve got big issues about mental health in our city for young people as well, so that’s also part of our review to making sure that we’re supporting young people through adolescence, which is often a very troubled time for them.”

 

(d)             Travellers

 

72.11      Councillor Summers asked; “In view of the decision at October’s Policy & Resource Committee not to pursue Hangleton Bottom as a temporary traveller site or in fact any other location that was recommended by officers whilst the current Horsdean site is closed in a month or so for redevelopment.  What plans do Councillor West and his administration and the officers have in place to alleviate the effects of ever increasing encampment on the usual merry go round on sensitive sights with which residents, certainly in my ward, are all too familiar and justifiably weary and resentful of?”

 

72.12      Councillor West replied; “We don’t have any temporary plans, that is the problem and that was put to Policy & Resources in September when Members of the opposition chose to reject the only proposal before us which was that Hangleton Bottom was the only identified suitable site and they chose to reject that even though Travellers have actually used that site before and also that the police have been involved in regarding that proposal for Hangleton Bottom to be a temporary site and they regarded that as appropriate. That was the proposal.

 

Now the position is that we would need planning permission for any other site. So if you conjured up another site, and we did ask what your proposal was at the time, and you haven’t come forward with that, even if you did at this late stage, it would still need planning. What we have been doing in the background is we have been talking to our tenant farmers and to private land owners in the area but we have not come up with any suitable alternative.  Hangleton Bottom was the alternative and you chose to reject it so you will be responsible for further unauthorised encampments on our parks and open spaces over the period of time while we’re developing a permanent traveller site.”

 

72.13      Councillor Summers asked the following supplementary question; I have a photo of Hangleton Bottom being used as a temporary site by both the Conservative and Labour administrations in 2007.”

 

72.14      Councillor Mitchell raised a point of clarification and stated that “Hangleton Bottom had never been used as a temporary site for Travellers; however it had been used as a tolerated site for Travellers with specific health and welfare needs for specific periods of time.”

 

72.15      Councillor Summers stated, “Well I think officers specifically said that Hangleton Bottom could be used this time for a specific period of time while Horsdean was being developed. This was the first thing that the Green Administration had to deal with within half an hour of becoming the administration and it’s been the number one issue since certainly in my ward. First of all as far as Labour’s concerned, Councillor Morgan has referred to this as not an issue to be used for winning votes because it’s a sensitive and difficult issue, well it is. So much so that in fact the Labour manifesto, a Council that works for you, mentions the Travellers zero times. So apparently if they come into administration, they won’t be dealing with Travellers at all. The Conservatives have obviously gone out of their way to protect Hangleton bottom and their own wards, they have challenged the administration countless times in 4 years on this issue ad nauseum I have to say. What do you think about the Conservatives, in their manifesto, saying that they will work with the police to enforce the law at all times, well that’s really visionary isn’t it? There’s absolutely no ambition in that at all to tackle it and in the words of Councillor Bowden when he referred to the live music venues, they need to get hold of it by the scruff of the neck and include it properly in their policies.

 

Councillor West, what do you think about your own manifesto, rejuvenating our city, under equality where you say you will start to work on the permanent Traveller’s site and continue to liaise with the friends and families of Travellers and with local communities affected by unauthorised encampments?”

 

72.16      Councillor West replied; “I think the answer is that Councillor Summers has done very well tonight.”

 

(e)             Housing Functions

 

72.17      Councillor Mears asked; “I am concerned that the delegated functions set for Housing Committee by this Council are not being adhered to. Last year we saw delegation given to officers with regard to supporting people. In my view, Members of the Housing Committee were completely side-lined and, to date, have never received a report to Committee for Members to discuss. Can Councillor Randall confirm that he and his Administration are committed to the Housing delegated functions as set out by this Council?

 

72.18      Councillor Randall replied; “Yes, the transfer of the management of hostels from supported housing commissioning to Adult Social Care in no way diminishes the role of the Housing Committee which is overseeing the work of these services. Indeed, the Housing Committee remains accountable for the performance of these services. The Committee’s delegated powers have not been changed. The Committee will continue to receive reports relevant to the management of these services and remain satisfied that its responsibilities are being adequately discharged including the legal responsibility for spending Housing Revenue Account money.

 

As we discussed at the last Housing Committee, the same is also true of the administration of Disabled Facilities Grants. Due to a new Government ruling, this funding is now coming through the Better Care Fund and the Health & Wellbeing Board. However, the Housing Committee is still responsible for ensuring its duties under the Housing Act are adequately discharged and will be requesting reports from officers to ensure they are.

 

As you will also know, we have asked the Housing Associations working in the city to make a contribution towards Disabled Facilities Grants in the future. I have asked for an update on that to be sent to Housing Committee Members.”

 

72.19      Councillor Mears asked the following supplementary question; “Thank you for your response. At the last Housing Committee Meeting on the 4^th of March, Agenda Item 72, the Committee was only asked to note the recommendations regarding the monitoring of the Disabled Facilities Grant by the Health & Wellbeing Board. The delegated functions for Housing clearly state that the Housing Committee is responsible for decisions on loans and grants. Can Councillor Randall confirm that this should have happened and that it is Members and not Officers that should be making decisions, and that Members of committees should be fully briefed on the delegated functions of committees they are appointed to?”

 

72.20      Councillor Randall replied; “I have sought advice from the Monitoring Officer on the legality of what has happened and he confirms that he supports what has happened. I feel that we do need more clarity between the responsibilities of the Housing Committee, the Adult Social Care Committee and the Health and Wellbeing Board. The Health and Wellbeing Board is becoming more involved in Housing and is investing in dealing with homelessness and this is the way forward for all of this work we are doing.

 

We have gone through this before and I as far as I am concerned what has happened is constitutional and is the right way forward in the new ways of working in the Council. However, we do need that clarity about who does what and I hope the new Council see that as a priority and central to what we do.”

 

(f)              Public Transport

 

72.21      Councillor Marsh asked; “Would Cllr Davey agree that it is vital and important to provide an adequate and good bus service, particularly for residents in outlying areas such as Meadowview and Coombe Road?”

 

72.22      Councillor Davey replied; “I do agree that bus services are essential across the city and I think we are very fortunate to have the most successful bus service in the country outside of London. Bus passenger numbers continue to grow with 46 million bus passenger trips per year including 17 million along Lewes Road. One of the real benefits of the changes we have brought in is the multi-operator partnership.

 

The forthcoming multi-operator ticketing has put Compass Travel in the position to step-in where Brighton & Hove Buses may choose to withdraw services which are not commercially viable, as is their right under the 1986 Transport Act. Due to the multi-operator working and the really hard work of Council officers, Compass Travel is able to provide a service for the residents of your Ward.”

 

72.23      Councillor Marsh asked the following supplementary question; “Yes indeed Compass Travel has stepped in and is going to try and run the service commercially in the daytime. However, it is a different matter on evenings, weekends and Sundays and there is not going to be any supported service after next November. I am pleased that residents will have a service supported by our Transport budget until the end of November but my residents have no guarantee of any bus service whatsoever during the evenings and weekends. 

 

I understand a sum of approximately £25,000 which is what it would have cost to assure the service could run until the next service change in April 2016 was not found to be available. Can Councillor Davey comment on how he can justify that decision?”

 

72.24      Councillor Davey replied; “Thank you very much – It is clear that if you would have voted for our budget proposal for a 5.9% increase then this service would have been protected. Unfortunately under the budget which you voted for this subsidy for the evening and weekend bus service for your residents were removed by your own vote.”

 

(g)             Traveller Clear-up Costs

 

72.25      Councillor Barnett asked; “The cost incurred to Council Tax payers so far this year in respect for carrying out evictions from unauthorised Traveller’s encampments, clearing up after them and repairing criminal damage is around £200,000. Will Councillor West please explain to residents why the Council does not seek to recover any of these costs from the Travellers when they go to court to secure an eviction?

 

72.26      Councillor West replied; “The question is about why we don’t charge people costs for trespass. There are two issues in particular with that. One is that it is a matter of identifying individuals. The more overriding point is that if you charge people for staying on an unauthorised site on your park you can legally be said to be accepting rent for their presence.”

 

72.27      Councillor Barnett asked the following supplementary question; “When I recently met with the Sussex Police and Crime Commissioner to talk about this situation, she agreed that it is neither acceptable nor fair. The travellers arrive as a collective group, live as a collective group and generally leave as a collective group. They should therefore take collective responsibility for their behaviour when they are camped on public land. Why does Councillor West continue to bury his head in the sand on this issue?

 

72.28      Councillor West replied; “Travellers are not always a cohesive family group and sometimes you will have a number of families and sometimes people who are not connected in any way at all. That is not how the law works, you have to deal with individuals and you cannot have collective responsibility in this matter.”

 

(h)             A23/A27 Litter Clearance

 

72.29      Councillor C. Theobald asked; “The rubbish beside the A27 and A23 in the city is worse now than I can ever remember. My electors in Patcham complain regularly about this. You said in your response to Mr Duncan’s question that you are waiting for summertime for the work to be carried out. However there is a lot of bridgework carried out at night-time. Lanes are regularly closed on the A23 for maintenance work and the Southwick Tunnel is often closed for works at night there. Why can’t litter-pickers be co-ordinated with these closures?”

 

72.30      Councillor West replied; “I think the difficulty in collecting refuse and picking up litter in the dark is you might have difficulty actually seeing it. We have had five years of Conservative government under which they have not done anything to address the huge cost that Councils have to face from people littering, not just along roadsides but in urban areas as well. They have cut public finances at a Council level so we have precious little ability to address attitudes towards littering or clean up after the people who make the mess.”

 

72.31      Councillor C. Theobald asked the following supplementary question; “I understand this issue about who is responsible for financing this has been taken up by both the Local Government Association and in Parliament by the MP for Mid-Sussex. This certainly needs sorting out in the long-term but in the short-term we are coming up to the main tourist season in the city, will the Leader of the Council pledge to get this mess cleared up before then?”

 

72.32      Councillor West replied; “As I mentioned previously, we are endeavouring to engage an appropriate contractor to complete this work under the conditions that the Highways Agency dictate to protect the safety of workers. I cannot give you an answer as to when exactly we are able to do this work but it will be slower than we have previously been able to do it. Obviously, we will endeavour to get things done as quickly as possible.”