Agenda item - Written questions from Councillors.

Councillors written questions as listed will be taken as read along with the written answer at the meeting.  The Councillor asking the question may ask one relevant supplementary question which shall be put and answered without discussion.  One other supplementary question may be asked by any other Member of the Council which shall also be put and answered without discussion (a separate addendum with the written answers will be circulated at the meeting).

 

80.1       The Mayor reminded the council that councillors’ questions and the replies from the appropriate councillor were now taken as read by reference to the list included in the addendum, which had been circulated as detailed below:

 

80.2       (a) Councillor Elgood asked:

 

“What action does the Cabinet Member for Environment intend to take in light of European Commissioner Loizos Loizou's findings that the process for the joint Brighton and Hove/East Sussex County Council contract for waste incineration was not undertaken correctly?”

 

80.3       Councillor Theobald replied:

 

“The position is that in 2007 an extension was granted to the original Waste Management Services Contract.  This was agreed having taken legal opinion that the process proposed for the extension was reasonable.

 

The EU Commission has written to the UK Government to advise that they consider at this stage that the extension to the original contract should have been put out to tender.  However, the Commission has invited the UK Government to submit its observations on this view.  The Councils [Brighton & Hove and East Sussex] are now assisting the Government in responding to the request for further information and observations.”

 

80.4       Councillor Elgood asked a supplementary question, “Could I thank the Cabinet Member for his frank response.  Can I also just ask if he would publish the council’s response to the Government’s enquiries on this matter and then subsequently the Government’s response to the European Commission.  Would he also perhaps take time to reflect on this policy as it now has come from a deeply discredited process and is a deeply damaging policy to the environment of East Sussex and Brighton and Hove.  Will he rethink this policy once and for all?”

 

80.5       Councillor Theobald replied, “Answering the first part of the supplementary, I am quite happy to supply you with the most information that we can through a briefing note, having taken advice in these circumstances.  I don’t really have any comment on the other parts of Councillor Elgood’s supplementary.”

 

80.6       Councillor Fryer asked a further supplementary question, “We have constantly spoken against the incinerator, both publicly and in our complaints to the EU authorities.  In light of the findings of the Euro Commissioner will Councillor Theobald be prepared to renegotiate the contract with Veolia to include anaerobic digestion and mechanical biological treatment which will remove the need for incineration, such as the examples which have happened in other authorities with contracts with Veolia?”

 

80.7       Councillor Theobald replied, “I think we just need to see what the outcome is.”

 

80.8       (b) Councillor Allen asked:

 

“Is the Administration committed to the continuation of the mobile library service?”

 

80.9       Councillor Smith replied,

 

“Yes, the Administration is committed to the continuation of the mobile library service.”

 

80.10    Councillor Allen asked a supplementary question, “I asked this question because of rumours that had reached me that there is some ambiguity about this and I welcome the response from Councillor Smith.  Could Councillor Smith now clarify whether the intention is to keep this service kind of just ticking over or whether you intend to develop it, in which case what action will you take to publicise the service to inform the public where and when the mobile van stops, whether consideration will be given to introducing additional stops and so on?

 

Will Councillor Smith confirm that if the mobile service is further developed this will not be at the expense of branch libraries which, of course, is what is happening under the Conservatives in Swindon?”

 

80.11    Councillor Smith replied, “The mobile libraries are an important part of the city’s library service and all we are looking for is to improve that service for the residents of the city.”

 

80.12    (c) Councillor Allen asked:

 

“Can the Cabinet Member for Culture confirm that income from sales from the Jubilee Library shop covers all the costs (e.g. staffing, heating, maintenance) of running the Jubilee Street Library shop?  If not, what level of subsidy from the library budget is required?”

 

80.13    Councillor Smith replied,

 

“Looking at the budget for 2008-09, the income generated by the Booklover Store covered its trading costs, including staffing costs.  The building costs relating to the space occupied by the Booklover Store are fully incorporated in the Jubilee Library costs and have not been disaggregated.  The shop generates income that contributes to meeting the income targets for the Jubilee Library as a whole.”

 

80.14    Councillor Allen asked a supplementary question, “While trying to interpret the answer which talks about costs not being disaggregated, I gather that, in fact, this shop is not truly self-financing.  I am shocked, though not entirely surprised, to learn that the library shop is propped up by money which should be spent on books and, dare I say it, more and better shelving.

 

Does Councillor Smith not accept that if you are going to have a retail outfit which has no convincing relationship with the contents of the library, it really should be truly self-financing?  In addition will Councillor Smith not accept that this valuable space could be used in a radically different, non-commercial way as a community information display area where, for instance, cultural groups and voluntary organisations could display their wares?”

 

80.15    Councillor Smith replied, “I would say ‘no’, it’s a straight answer like that.  I think it’s an integral part of our library service to have a shop there which sells books, cards and everything for the public and it is good, it is good for the users because we get a lot of new users and membership of the library that come in the shop first.  The answer is ‘no’, it’s an integral part of the library service and we are proud to have it.”

 

80.16    Councillor Kitcat asked a further supplementary question, “I was just wondering if Councillor Smith could name any of the books on sale in the shop at that library?”

 

80.17    Councillor Smith replied, “Yes.”

 

80.18    (d) Councillor Duncan asked:

 

“Can the Cabinet Member for Children Services tell us what steps were taken to ensure that the financial collapse of St Mary's Hall School in Eastern Road had no negative impact on the education of the city's children, both pupils at the school and those of other schools which they will attend from next year?”

 

80.19    Councillor Brown replied,

 

“At the time of the announcement of the closure of St Mary’s Hall School we communicated with Roedean School to ensure that parents of children affected were aware of the arrangements with regard to admissions in Brighton and Hove schools.  The situation is, of course, outside the direct control of the council but all appropriate action has been taken to minimise the negative impact on the city’s children, both pupils at St Mary’s Hall School and those attending Brighton & Hove schools.

 

With regard to school admissions, we have considered around a dozen applications from parents seeking places at maintained schools.  In addition to the applications, we have also dealt with a number of enquiries from parents.  In accordance with school admissions arrangements, we have only been able to offer places at schools with vacancies.  At this stage of the year this is quite limited, given that most schools are full in established year groups.

 

With regard to the effect on other children in Brighton & Hove, any additional numbers in Brighton & Hove schools will ultimately feed into the council’s funding from central government and will be reflected in the delegated budgets that schools receive which are based largely on pupil numbers.  This will ensure that in due course maintained schools accepting pupils from St Mary’s Hall will receive additional resources commensurate with increased pupil numbers.“

 

80.20    Councillor Duncan asked a supplementary question, “We’ve got a wonderful, wonderful service for bringing empty homes back into use in this city and I wonder are there any powers or is there anything we can do to ensure the empty buildings of St Mary’s Hall School are used as a publicly available school facility serving the centre and east of the city in line with the residents wishes, as clearly expressed?”

 

80.21    Councillor Brown replied, “My understanding is that all the St Mary’s Hall buildings have actually been taken over by Roedean along with the pupils from the school and we don’t own the buildings, unfortunately, anyway.”

 

80.22    Councillor Simson asked a further supplementary question, “Does the Cabinet Member agree with me that once the Falmer Academy is developed it will provide an excellent educational opportunity for all young people in the city, including those whose education may be threatened should any private school find itself under threat of closure in the future?”

 

80.23    Councillor Brown replied, “I am very pleased to say that the Academy is on track and will still be opening in 2010 and finished in 2011.  We have now appointed a Principal Designate and this month we will be appointing the contractors.

 

80.24    (e) Councillor Duncan asked:

 

“Residents of Rochester Street have reported that an ambulance was unable to access their street last month to administer emergency healthcare to an elderly man who had collapsed following an aortic aneurism.  The man was reportedly told that the street was inaccessible to emergency vehicles because of the haphazard and unmanaged nature of parking in the Baker’s Bottom area: does the Cabinet Member for Environmental Services have any plans to speed up the proposed review of parking arrangements in the area?”

 

80.25    Councillor Theobald replied:

 

“I am sorry to hear about the elderly resident in your ward.  I can only answer the final part of your question where you ask about future reviews as I am sure that you know that the Police and Emergency Services would be responsible for dealing with the specific issue that you have raised.  Any interim measures can only be conducted by the Police.  I know that they do as much as they can to enforce against bad parking here, particularly on the road junctions.  This has included 3 letter drops, leafleting badly parked cars, polite notices and fixed penalty notices.

 

Historically I understand that residents opted out of the parking scheme proposed but I can inform you that this is about to be reviewed and officers are intending to conduct parking surveys here later this spring and summer as part of a larger parking review.”

 

80.26    Councillor Duncan asked a supplementary question, “I think that the residents of the Baker’s Bottom area won’t take an awful lot of comfort from this answer.  I think that if you actually ask the people who live there they haven’t seen any sign of activity and the fact that it’s going to happen soon doesn’t really help.  My second supplementary is simply this: would the Cabinet Member answer whether we as a council would suffer any liability should an incident like this happen again and this time, unfortunately, someone were to die whilst we were waiting for the council to do something about parking?”

 

80.27    Councillor Theobald replied, “Well, I might have knowledge of certain things, Mr Mayor, but I am not a lawyer and I can’t answer that.”

 

80.28    (f) Councillor Duncan asked:

 

“Following the tragic death of a newspaper vendor during recent protests in London, and the alleged assault of a Brighton woman at a vigil in his honour, would the Cabinet Member for Community Safety express her support for a different approach to policing protests in Brighton and Hove, and ask Sussex Police to consider how they would plan to approach the policing of any protests within Brighton and Hove, so as not to use the technique of ‘kettling’ protestors – or confiscating any photographic equipment – at least until the Independent Police Complaints Commission has ruled on the appropriateness of such techniques?”

 

80.29    Councillor Simson replied,

 

“Thank you for your question.  I am of course aware of the considerable publicity associated with recent events in London but the issues raised in your question are very much operational matters for Sussex Police and not council procedures.  I have no reason to believe that Sussex Police will not ensure that appropriate procedures are in place for any eventuality that may arise within the city. Furthermore, I would suggest that you don’t pre-empt the outcome of the ongoing Independent Police Complaints Commission’s inquiry into the appropriateness of different policing techniques.”

 

80.30    Councillor Duncan asked a supplementary question, “I just want to say thank you to Councillor Simson for the reply and the advice contained therein but my original question asked whether Councillor Simson would express support for a different approach to policing protests in Brighton and Hove from that recently used in London.  From her answer I’m really not entirely sure.

 

Is Councillor Simson saying she doesn’t consider policing matters at all within her remit or that she just doesn’t agree that we should take a different approach here in Brighton and Hove to that taken in London?”

 

80.31    Councillor Simson replied, “As I said in my original answer to the question these are police operational issues and I am surprised that Councillor Duncan, being one of this council’s representatives on the Police Authority, did not direct his question at them, rather than me.”

 

80.32    Councillor Janio asked a further supplementary question, “Would the Cabinet Member agree that when Members represent the council on outside bodies, such as the Police Authority, it is important that they act with propriety and with the interests and reputation of the council in mind at all times?”

 

80.33    Councillor Simson replied, “Following the receipt of this question I did do some research on the internet as I was curious to know what was expected of our Members that we actually put on to the Police Authority and some of the things that they are expected to do is to make sure that we have an efficient and effective local police force, to set local policing priorities, to monitor everything the police do and to oversee complaints against the police and disciplines against senior officers. 

 

That is what I would expect one of our Members who sits on that Authority to do but having done some further research I noticed on Councillor Duncan’s blog site that he speaks about and I quote: ‘A police force that is increasingly content to break the law and then lie about it.’  He also says: ‘We know that when protests turn ugly it’s usually because it’s the police that kick things off’ and I am quoting directly.  On Tuesday, 31 March, even before the G20 protest, he wrote on his blog site: ‘As police and demonstrators prepare to clash in the City of London tomorrow during a wave of protests ahead of Thursday’s summit, I can’t help fearing that the police will be responsible for any disorder that erupts and I’ll be going along and trying to dodge any disorder the police and media spark up.’  All this from a Councillor who represents the council on the Police Authority.

 

What’s even more worrying is that he is also promoting the ‘Smash EDO’ May Day events.  They don’t call them protests but we all know that’s what they are very likely to be as on their website they state: ‘come dance and fight’.  This could well bring major damage and disruption to our city on a day when thousands of families will be enjoying the Bank Holiday break. 

 

Is this how our elected Members should be promoting the city?  I don’t think so!”

 

80.34    Councillor Duncan asked that he be able to make a point of clarification, which was accepted by the Mayor and Councillor Duncan stated that, “There were two allegations made which I would like to explain personally.

 

The first is that those comments were, of course, taken from my blog site.  They were written before the G20 protests; they were comments about the Metropolitan Police, not about Sussex Police.  They were in the context of media reports about the way the Metropolitan Police were preparing to handle things.  Nothing whatsoever to do with my role on Sussex Police Authority.

 

On the second matter, it’s just simply untrue and I will be taking legal advice as to whether or not it’s appropriate in this Council Chamber.  I don’t believe there is universal privilege to say whatever Members like, whether or not it’s true, and I am not promoting Monday’s events at all.  I have been working very hard, Members will be pleased to hear, with the Police Authority, with senior police officers to try and make sure there is absolutely no disruption or trouble on Monday to any businesses, people, police officers or peaceful demonstrators at Monday’s events.”

 

80.35    (g) Councillor Mitchell asked:

 

“Could the Cabinet Member for Central Services please clarify whether it is the council’s policy for their partnering contractors, Mears and Keir, to repair back pathways as well as front?”

 

80.36    Councillor Caulfield, Cabinet Member for Housing replied,

 

“I can confirm that it is council repairs policy to carry out Health and Safety repairs to make safe all pathways within the curtilage of council housing buildings.  The work is carried out through our partnering contractors.  This action is specific to works installed and maintained by the council to facilitate safe access to the front and/or rear entrance of a residential council property.  

 

Where a resident may have installed a patio or hard standing themselves within the curtilage we would recharge the cost of any remedial works required.”

 

80.37    Councillor Mitchell asked a supplementary question, “I would like to thank Councillor Caulfield for the clarification that is contained in her response.  I do have a further supplementary question and I was just wondering if she could briefly outline what system of financial controls are retained by the council in the event of one of the council’s contractors carrying out repairs that are not in accordance with council policy?”

 

80.38    Councillor Caulfield replied, “Unfortunately, in the contracts that we are working to at the moment, which were devised by the previous Administration, there are very few financial restrictions and controls that we can put upon contractors.  That’s why we are taking great time and detail and legal advice when drawing up the ten year contracts that will be going through next year so that we do have some financial control over our contractors.”

 

80.39    (h) Councillor Turton asked:

 

“Could the Cabinet Member for Central Services please tell us what levels of quality assurance are the council’s contractors, Mears and Keir, measured against?”

 

80.40    Councillor Mears, Leader of the Council replied,

 

“In terms of quality assurance, the contactors have a recruitment and training policy that is applied to all trades staff they engage/recruit to work upon Brighton & Hove Council properties.  Trades employed by the contractors, having been required to meet competency, quality and customer service standards at employment stage, are also subject to frequent review/refresher quality standard courses throughout the life of a contract.  Staff employed by the council to monitor the contractors are also required to meet competency, quality and customer service standards.  The council monitor and control internal staff competencies through the Performance & Development Planning Scheme.

 

Within the current repairs & maintenance contract, British Standard (BS) of quality is specified in terms of materials to be used and competency qualifications of labour applications applied to the contract.  Work is measured, assessed and inspected to meet current legislation, material usage and the quality of the finished product and surrounding environment.   Where a stand alone replacement of works takes place (such as a new kitchen or bathroom) then the measurement of quality is as if it was a new build product.

 

However, problems do sometimes occur with the aesthetics of finished work.  The existing maintenance contract is very prescriptive to the contractors and does not allow or afford them the freedom to seek more acceptable and/or more pleasing finished standards.  The new housing procurement contract that commences in April 2010 has been developed with a focus upon improving the quality through a zero defects, ‘right first time’ approach, requiring the contractor to consistently deliver on Quality, Customer Service and overall value for money.”

 

80.41    Councillor Turton asked a supplementary question, “Thank you Councillor Mears for the answer which is drafted for you by officers which, unfortunately, would fail to gain any crystal mark for clarity in the use of plain English.  The issue is that the contract with Mears is tendered on a lump sum basis not by individual call-out and result but is it not the case that this offers little incentive for meaningful, individual repairs to be of good quality.  Now the properties in Wiston Road have been visited: I would like to say visited and repairs done but actually on inspection of those our own Trading Standards Department would probably be forced to prosecute for the very poor quality control of the work done. 

 

I would invite Councillor Mears, if she is willing and able to do so, to join me on a walk door to door of properties in Wiston Road to inspect the deeply poor workmanship and quality provided by the contractor, undertaken on behalf of the council on behalf of our residents and tenants?”

 

80.42    Councillor Mears replied, “I think just at the beginning I would like to give clarification as the name is similar to mine but actually I have no connection with this company in any way, shape or form.  It was a very interesting question actually from Councillor Turton, bearing in mind I do know the Ward very, very well as I was previously a Ward Councillor under the old Brighton Council in that area and I can understand his frustration, bearing in mind that we are running contracts that were set under the previous Administration. 

 

I do understand tenants’ frustration with this contract that was set under the previous Administration which actually has caused tremendous problems.  Coming into Administration our officers have worked extremely hard to improve the contract performance, Mr Mayor, and I am more than happy to go and walk round Whitehawk and I probably can show Councillor Turton places that even he doesn’t recognise.”

 

80.43    Councillor Alford asked a further supplementary question, “Could the Leader of the Council actually confirm when this contract was let?”

 

80.44    Councillor Mears replied, “This contract actually has quite a history and there are Members in this Chamber that previously sat on the old Housing Committee, I can see Councillor Elgood and Councillor Randall, who had a very extensive debate on this contract before it was let.  I personally presented a petition to Council from tenants that were very concerned about the letting of this contract because they had not been involved but at the time we did lose the then Chairman of Housing and the Deputy Chairman of Housing and we acquired a new Chairman of Housing whose objective was to push through the contract and we had a succession of dates. 

 

It went to Housing Management; it went to Housing Committee in 2006 on 21 September; it came to Policy & Resources on 28 September 2006.  We actually had a Special Policy & Resources meeting on 5 October 2006 to go through this contract because of the concerns by Opposition Councillors that the Administration and particularly the then Chairman of Housing was pushing through a contract which other Councillors did not feel was suitable, was not watertight and would not protect our tenants’ interests.

 

Therefore, to answer Councillor Alford’s question, I was deeply concerned about this contract at the time as were many other Members that are stood in this Chamber.  The request from myself at Policy & Resources was for the then Chairman of Housing to write personally to every Member of Policy & Resources to ensure Members that he would at that time take personal control and supervision of that contract.  Unfortunately, as we have seen as that contract has run we have inherited more serious problems but I can assure the Chamber through you, Mr Mayor, that there is improvement in the contract.  As my colleague, Councillor Caulfield, has already alluded to, we will be letting new contracts next year that have been fully consulted with tenants but are far better contracts that we would ensure that when a contractor goes into any of our tenants’ homes we expect the standard that any Member in this Chamber would want in their own home.”

 

80.45    (i) Councillor Lepper asked:

 

“Could the Cabinet Member for Adult Social Care and Health, please tell us how far planning with the PCT has got, with regards to the funding being made available by the government for additional breaks for carers, which is estimated at £821,000 over the next two years?”

 

80.46    Councillor Ken Norman replied,

 

“The National Strategy indicated that £150m funding would be included in baseline funding allocations for PCTs to support implementation of the strategy in respect of breaks and other services for carers in 2009/10 and 2010/11.  This funding is not ring-fenced and is not a specific allocation to individual PCTs.

It is possible for the PCT to estimate its share of the £150m at around £850,000 over the two years – with a greater proportion in the second year.  At present, this investment is not explicitly identified in PCT plans – but there is an assumption within plans that the PCT will be releasing resources for targeted investment in priority areas over the year, of which services for carers is one.

The City Council and PCT have a jointly funded Joint Commissioner for Carers' Services and joint processes which ensure a co-ordinated approach to carers’ issues.  The postholder is based in Adult Social Care but works closely with colleagues at the PCT to ensure that effective links are made into all strategic developments.  Part of this is the joint council/PCT plan in the form of a new Carers’ Development and Commissioning Strategy.  A business case for additional funding from the PCT to support the revised strategy has been completed.”

 

80.47    Councillor Lepper asked a supplementary question, “Can I thank Councillor Norman for his fulsome reply, as always, far more information than I actually asked for and I am very grateful for that.  Of course, the additional information I didn’t ask for gives me even more cause for concern now.

 

I have actually seen the draft Carers’ Development and Commissioning Strategy which, it has been pointed out, is jointly funded and jointly commissioned by this council and the PCT but I am aware that some carers’ organisations have expressed concern over this fact that the funding is not ring?fenced.  I would like to seek assurances from the Cabinet Member for Adult Social Care & Health, especially in view of his answer to me, that when the consultation with local carers and their organisations has been carried out, that all of the £274,000 this year and the whole of the £547,000 next year will all be spent on implementing the strategy?”

 

80.48    Councillor Ken Norman replied, “The detail contained in my original answer was as up to date as I could possibly give you today.  There are moves to go ahead.  Yes, you are right about the draft situation and it is going out to consultation.  I will keep everybody informed in this Chamber of any changes or alterations and progress as we move forward.”

 

80.49    (j) Councillor Harmer-Strange asked:

 

“Could the Cabinet Member for Finance state the current level of Brighton & Hove City Council’s debt?”

 

80.50    Councillor Young replied,

 

“The level of council debt outstanding reduced by 16.2% between 31 March 2007 and 31 March 2009.”

 

80.51    Councillor Harmer-Strange asked a supplementary question, “I would like to thank the Cabinet Member for her brief answer but could she explain what the benefits are of repaying debt early in this way?”

 

80.52    Councillor Young replied, “Yes, I would be glad to.  As part of this Administration’s responsible and prudent approach to the public finances and our strategies to reduce risks on investments we are currently prioritising the reduction of our debt.  Every pound we save on having to make interest payments on our debt is an extra pound to invest in the frontline services or keeping council tax down.  There is also a trade-off between the interest rate at which the council can invest money and the interest rate at which the council borrows money.  At the present time with the financial turbulence this strategy makes even more sense.  For example, the average rate of interest on our borrowing is currently at 4.75%, whereas short term investment rates are less than 1%.

 

In 2008-09 the amount set aside to repay debt was just over £7 million and this represents only 1% of the gross revenue budget of the council.  Not only are we able to reduce our debt but we have also been able to deliver the smallest increase in council tax in the history of this council, whilst maintaining investment in frontline services and capital projects, such as the restoration of the bandstand and the Madeira lift.”

 

80.53    Councillor Oxley asked a further supplementary question, “Could I invite the Cabinet Member to contrast the situation locally regarding our local government debt in Brighton and Hove and the national government debt picture as unveiled last week by the Chancellor of the Exchequer in his budget?”

 

80.54    Councillor Young replied, “I would be pleased to contrast our responsible approach to public money with that of the national Labour Government.  Their profligacy has led to quite staggering public finance figures and by the government’s own predictions national debt is set to reach almost £1.4 trillion by 2013-14.  This compares with the figure of £350 billion bequeathed to them by the previous Conservative Government in 1997 and it is worth pointing out that almost all independent forecasters reckon that the government’s predictions on economic growth for the next few years are wildly optimistic. 

 

The real picture is likely to be much worse - £1.4 trillion represents 76.2% of gross domestic product, almost twice the 40% limit set by Gordon Brown’s golden rule for economic management.  Simply paying the interest on the national debt will cost taxpayers £42.9 million in 2010-11, which is more than the annual budget of the Ministry of Defence.  By anyone’s standards this is appalling financial management.”