Agenda and minutes

County Council
Wednesday 27 June 2018 10.00 am

Venue: Council Chamber - Shire Hall, Gloucester. View directions

No. Item


Minutes pdf icon PDF 584 KB

To confirm and sign the minutes of the meeting held on 16 May 2018.


The minutes of the meeting held on 16 May 2018 were confirmed and signed as a correct record.



Declarations of Interest

Please declare any disclosable pecuniary interests or other interests that you may have relating to any relevant matters due to be discussed at the meeting.  You should do this by signing the form at the back of the Council Chamber and you may also make an oral declaration if you so wish.  If you become aware of an interest you have during the course of the meeting, you should declare it orally at the time you become aware of it and sign the form at the back of the Chamber at the end of the meeting.



A copy of the declarations of interest is attached to the signed copy of the minutes.




a)    Skillzone event

The Chairman will be hosting an event for members and their families on 22 September 2018 at Skillzone, Gloucester to raise funds for Gloucestershire Hospitals’ Oncology Department.


b)    Armed Forces Week 25-30 June 2018

To celebrate the week the Armed Forces Day flag is being flown at Shire Hall.


c)    Vision 2050 – shaping the future of Gloucestershire

The deadline for responding to the consultation is 31 July 2018.  Members and people living and working in Gloucestershire are encouraged to respond. 


d)    Supporting disabled and vulnerable people into employment

Members are encouraged to visit the display on the Council Chamber landing over the lunch break on the Forwards Supported Employment Service, Forwards Work Clubs, The Gloucestershire GEM Project and AIM Supported Internships.


e)    Member development

The following events have so far been arranged during July.  Please refer to Members’ Matter for venues and timings.

·      Children in Care – 3 July

·      Broadband Fastershire – 13 July

·      Adults Single Programme – 18 July


f)     ICT support

Staff from ICT will be on hand over the lunch break to provide advice to members.



Queen’s Birthday Honours List 2018

The Honours received by people living and working in Gloucestershire were displayed. The Chairman congratulated all recipients, and drew particular attention to Stewart Edgar, Chief Fire Officer, and Faisal Atcha, Firefighter and Community Volunteer, who had respectively been awarded OBE and MBE. Cllr Nigel Moor, Cabinet Member, Fire, Planning and Infrastructure congratulated Mr Edgar and Mr Atcha, and that this was a huge tribute to the Gloucestershire Fire and Rescue Service.


Broadband awards

Members of council congratulated the Fastershire team on their achievement. Cllr Paul Hodgkinson stated that the local population of Chedworth had lobbied hard for improvement in their broadband delivery and offered his thanks to the people who had made this happen.


Skillzone event

The Chairman drew members’ attention to this event to be held on 22 September 2018 to raise funds for Gloucestershire Hospitals NHS Foundation Trust Oncology Department.



Public Questions pdf icon PDF 116 KB

Up to 30 minutes is allowed for this item.


To answer any written public questions about matters which are within the powers and duties of the County Council.


The closing date for receipt of questions is 10am on Wednesday, 20 June 2018. Please send questions to the Chief Executive marked for the attention of Stephen Bace (email


Questions received and proposed responses do not accompany this agenda but will be available prior to the meeting.


Eight questions had been received.  A copy of the answers was circulated and is attached to the signed copy of the minutes.


The following supplementary questions were asked:


Question 1 –  Jojo Mehta referred to comments made by the Leader   about the Council having a duty to be clear and honest. She asked that given the thousands of hours people had put in to oppose the Javelin Park incinerator how does he reconcile his statements about the benefits of the incinerator? She asked what his conscience said to him was the right thing to do in this instance?


Cllr Mark Hawthorne explained that it was important to remind residents and the general public that this was a project to provide a long term solution for the county’s waste.  There were many benefits including increases in recycling in the county led by Conservative run authorities and saving tax payers over £100m over 25 years. He stated that energy from waste was internationally recognised as a safe technology. He criticised the scaremongering of some protestors.


Question 3 – Lucy Crisfield asked for the Leader to confirm the potential for the burning of waste from outside the UK in the incinerator.


Cllr Mark Hawthorne replied that there was a clause to ensure flexibility over the 25 year lifetime of the contract and that there may be a requirement for ongoing maintenance and this allowed for the ability to use the downtime  and maintain the flow of waste. The solution was sized for the waste in Gloucestershire and the Council continued to work with UBB to ensure a good long term solution for local residents.


Question 4 – Lucy Crisfield stated that the tribunal judge had already decreed that the information of the contract between UBB and GCC should be in the public domain. She suggested that all the member now had to do was press print.


Cllr Mark Hawthorne replied that there had been some disingenuous statements made about decisions made by the ICO. The Council had complied with the ruling regarding the 2013 contract and the revised 2015 contract was now subject to an FOI request. This was an 8-9,000 page contract and there was a commitment to release this by 29 June. The third ruling relating to the EY report was being considered.


Question 6 – Sarah Lunnon asked whether the member could confirm that the cost of the landfill project that had been compared against did not include transportation costs for disposal.

Cllr Nigel Moor stated that irregardless of the treatment solution, there would be transport costs so this did not form part of the evaluation.


Question 7 – Sarah Lunnon asked that if the cost of disposal did not include transportation costs, where were those costs reported within the overall budget?


Cllr Nigel Moor replied that the current cost was £880,000. He stated that we were looking at a revised model and that this would be provided to Council in due course.


Question 8 – Sarah Lunnon stated that  ...  view the full minutes text for item 43.


Corporate Parenting pdf icon PDF 69 KB

Report from Cllr Richard Boyles, Cabinet Member for Children and Young People.


Cllr Richard Boyles, Cabinet Member for Children and Young People, presented the report. 

A member thanked Cllr Boyles for the Member’s Seminar on Children’s Services One Year On, held on 5 June 2018. It had demonstrated how much had needed to be done and therefore how bad the system had been. He commented that it was disappointing that so few members had attended the seminar.


Cllr Boyles commented that a remark made at the Children and Families Overview and Scrutiny Committee about the information previously shared with the committee had stuck with him and he wanted to be open and honest about the council’s improvement journey; and wanted opposition members to ask as many questions as possible.


RESOLVED to note the report.



To receive petitions presented by members without discussion.


Cllr Joe Harris presented a petition to Cllr Vernon Smith on behalf of Cotswold residents who were asking the Council to do more to clear ice and snow from our roads and increase number of roads gritted.




The Council’s Constitution provides for a maximum of two hours for debate on motions.  At the end of the two hour period, those members who have already indicated their intention to speak on the motion being debated at that time will be allowed to speak, the mover of the motion will be asked to sum-up and the vote will be taken.


As part of the constitution changes approved at the full Council meeting on 14 February 2018, the time limit for member speeches has been reduced from five to three minutes and the time limit for proposing a motion has been reduced from 10 to five minutes.


The following motions were received by the closing date of 10am on 19 June 2018: 


Motion 814 – Celebrating the Windrush Generation

Proposed by Cllr Brian Oosthuysen

Seconded by Cllr Steve Robinson


This Council notes the extraordinary contribution that the Windrush generation have made to our country.


This Council further notes:

  • The recent apologies from the Prime Minister to the Windrush generation and the announcements and reassurances given by the Home Secretary Sajid Javid on assisting the Windrush generation.


  • That there is a clear difference between the Windrush generation and those who may be here illegally.


  • The need for robust Government policy with regard to illegal immigration.


This Council therefore resolves to:

  • Fly the Jamaican Flag at Shire Hall on 5th August for Jamaican Independence Day.


  • Support Gloucester City Council with their Windrush celebrations throughout this year.


  • Write to the Home Secretary to ask that he ensures that the Government act swiftly as promised to ensure that Windrush victims are granted their rights, and are fully compensated for any financial hardship that they may have suffered.



Motion 815 – Cycling safety

Proposed by Cllr Iain Dobie

Seconded by Cllr Lesley Williams


This Council notes the outstanding cycling routes which Gloucestershire enjoys, both within its towns and city and the rural countryside.   This Council further notes the benefits of cycling, in terms of individual health and air quality as well as bringing tourists into the area.


However, this Council also recognises that cycling in Gloucestershire can be dangerous, with cars often passing too close to cyclists, increasing the chances of a collision.  This undermines the good work taking place across parts of the county to encourage cycling and dissuades many people from opting to use a bicycle rather than a car.


This Council recognises the work carried out by Gloucestershire Constabulary last July with Operation Close Pass, which aimed to inform car drivers about safe distances for overtaking cyclists.  However it is disappointed by the limitations of the operation, running for just two hours on one day and pulling over just five drivers. 


We therefore call on the Leader of Council to write to the Chief Constable of Gloucestershire Constabulary, to congratulate the police on the work done to date but also to encourage them to roll Operation Close Pass out across the county in order to educate significantly more drivers about  ...  view the full agenda text for item 46.


Motion 814 – Celebrating the Windrush Generation

Cllr Brian Oosthuysen proposed and Cllr Steve Robinson seconded the motion included on the agenda on which  friendly amendment from the Conservatives had been accepted.


Cllr Oosthuysen talked of his own experience of coming to this country from South Africa, and the situations he had witnessed there, how he had come to a country where he had thought that there was justice and liberty. He emphasised that the Windrush generation had come to England at the invitation of the British government and he was appalled at the treatment of this generation and their families, including some having been placed in detention centres. He felt we should instead be celebrating the contribution made by the Windrush generation to British society and apologising to them for the treatment that they have received.


Cllr Steve Robinson, seconder of the motion, indicated that he was reserving his right to speak to the motion until the end of the debate.


Cllr Joe Harris indicated that the Liberal Democrat Group wanted to move an amendment to the motion. The amendment was to delete the third bullet point which referred to ‘the need for robust Government policy with regard to illegal immigration’. Cllr Harris proposed and Cllr Jeremy Hilton seconded the amendment.


Cllr Harris stated that the Windrush scandal has stained the reputation of this country. People were being treated as though they were worthless because of their place of origin and because they were not able to prove who they were, and some people were being deported to places that they had never seen. He questioned what this said about the current level of political discourse. He stated that in his view the government must have been relying on the British public not caring but the public had been clear that this was not so.


Cllr Hilton reiterated Cllr Harris’s points and stated that the system needed to be fair and efficient; but the term robust was not acceptable.


Cllr Brian Oosthuysen, proposer of the motion, informed the meeting that he accepted this as a ‘friendly’ amendment. The Leader of the council informed the meeting that the Conservative group did not accept this amendment.


In response to challenges relating to whether this amendment constituted a friendly motion, or not, and should be debated as an amendment, or  as part of the original motion, the Chairman decided to adjourn the meeting, for five minutes, in order to receive constitutional advice from the Monitoring Officer and Head of Legal Services.


On resuming the meeting (at 10:55am) the Chairman informed the meeting that for pragmatic reasons the amendment would be debated.


The main points from the debate were:-

·         That the motion was meant to be about celebrating the WIndrush generation and that this statement detracted from that purpose

·         The word ‘robust’ was not acceptable and was not defined within the context of the motion

·         If the council wished to debate illegal immigration then a motion could be submitted

·         The Windrush generation  ...  view the full minutes text for item 46.


Member Questions pdf icon PDF 112 KB

Up to 30 minutes is allowed for this item.


To answer any written member questions about matters which are within the powers and duties of the County Council.


The closing date for receipt of questions is 10am on Wednesday, 20 June 2018. Please send questions to the Chief Executive marked for the attention of Stephen Bace (email


Questions received and proposed responses do not accompany this agenda but will be available prior to the meeting.


Question 1 – Cllr Jeremy Hilton asked whether the un-redacted copy of the contract would include publication of gate fees per tonne paid by the County Council, the annual contract tonnage that the Council had agreed with UBB, confirmation of what the third party gate fees were likely to be, and the price of electricity.


Cllr Nigel Moor replied that those particular concerns were noted but until the Council was in a position to make the document public he could not comment on the points raised.



Question 2 – Cllr Jeremy Hilton referred to a 2005 Conservative manifesto which opposed incinerators and asked if the member would like a copy in order to be in the first batch of waste to be burnt.


Cllr Nigel Moor replied that he had been elected in 2013 and fully supported the Javelin Park incinerator.



Question 3 – Cllr Jeremy Hilton stated that he had asked about the tonnage of waste to the incinerator. He asked whether 116,000 tonnes of waste would meet the minimum contract tonnage?


Cllr Nigel Moor replied that he would ask officers to provide a detailed response.



Question 4 – Cllr Jeremy Hilton referred to accusations of recycled waste being delivered to landfill sites. He sought assurances that no collection authority would delivery recyclable waste to the incinerator.


Cllr Nigel Moor stated that there were procedures in place which were part of the operation of the waste contract.



Question 5 –  Cllr Jeremy Hilton asked whether the County Council would be publishing real time information on emissions coming from the Javelin Park incinerator in order to ensure it was within the limits set by the Environment Agency.


Cllr Nigel Moor explained that the information sent to the Environment Agency would be open and transparent.



Question 6 – Cllr Paul Hodgkinson asked whether the member felt that the current system around home to school transport was fair and transparent and whether it provided a return on investment and encouraged the use of transport in a safe and environmental way.


Cllr Lynden Stowe stated that it was important to carry out statutory responsibilities and that he was happy it was fair, transparent and complied with regulations. To extend the service beyond these responsibilities would add further cost that would  put additional pressure on the overall annual budget.


Question 7 – Cllr Paul Hodgkinson provided an example of some families paying for their children to be on a bus and some seats on that bus being provided for free. He asked how this could be fair.

Cllr Lynden Stowe replied that there was a policy in place that had to be fairly and consistently applied. Where spaces were available on a school bus these were offered to parents at a lower charge. Parents had other options with regards to whether they took up that offer. 



Question 8 – Cllr Iain Dobie asked the member to explain what he was doing to promote a resilient market for domiciliary care, for example encouraging viable provider  ...  view the full minutes text for item 47.


Scrutiny reports


Annual report pdf icon PDF 500 KB

Cllr Patrick Molyneux, Chair of the Overview and Scrutiny Management Committee, to present the annual report which summarises scrutiny activities since the May 2017 election.


Cllr Patrick Molyneux, Overview and Scrutiny Management Committee (OSMC) Chairman, presented the report. He thanked all scrutiny members for their work during the year and also thanked officers for their support.


In response to a question relating to the select committee report on overview and scrutiny and the comments from the Peer Review, Cllr Molyneux indicated that it would be a good time to look at the way scrutiny worked in the council, and that this would be undertaken through OSMC.



Scrutiny update pdf icon PDF 93 KB

Cllr Patrick Molyneux, Chair of the Overview and Scrutiny Management Committee, to present the report on recent scrutiny activities.


A member welcomed the excellent report from the Permanent Exclusion Task Group and asked that the issue of diverting young people away from crime, as referenced in the report, be followed up by the Children and Families Scrutiny Committee (CFOSC). Cllr Brian Robinson, CFOSC Chairman, assured the member that he was happy to take this matter forward.


Having asked members of council whether they had read the Permanent Exclusions Task Group Report a member stated that they were disappointed that people had not read it, and disappointed that at the Cabinet meeting on 6 June 2018 no concern was expressed for the children and young people.


In response to comments, the Chairs of the Environment and Community and Health and Social Care Scrutiny Committees agreed to pick the actions from the Air Quality Task Group report and the future of the Minor Injury and Illness Units in the Community Hospitals respectively.



Cabinet Decision Statement pdf icon PDF 112 KB

To consider the Cabinet Decision Statement for the meeting held on 6 June 2018.


With regard to the sub national transport bodies it was acknowledged that it was important that these be transparent and accountable, and the comment relating to the minutes, as to whether or not they would be published in the public domain, would be passed on to the appropriate body.


RESOLVED to note the Cabinet Decision Statement for 6 June 2018.


Cabinet Member Decision Statements pdf icon PDF 63 KB

To consider the Cabinet Member Decision Statements for the period 1 May to 31 May 2018.



Consideration was given to the Individual Cabinet Decision Statements for the period 1 May to 30 June 2018.


RESOLVED to note the Statement of Individual Cabinet Member Decisions for the period 1 May to 30 June 2018.


Constitution Committee pdf icon PDF 81 KB

Cllr Mark Hawthorne, Chair of the Constitution Committee, to present the recommendations from the meeting held on 11 June 2018.


Cllr Mark Hawthorne presented the report. Council agreed to accept the recommendations contained in the report and therefore




1.         That the revised Employee of Conduct be approved subject to:

a) Paragraph 6 – Amending the second sentence to read ‘Staff are expected to wear their official Gloucestershire County Council identity badge on Council premises and when on official business out of the office.’

b) Paragraph 81 – Requesting the Monitoring Officer to seek further information from Human Resources relating to the circumstances in which a member of staff undertakes fee paying work partly during normal working hours. Note: Please refer to the agenda pack for the Constitution Committee for the changes to the Employee Code of Conduct.

2.         To ratify the changes to Constitution, relating to the use of gender neutral language, made by the Monitoring Officer under delegated powers.