Agenda item

A – Islamophobia Definition

 

The following motion submitted in accordance with Procedure Rule 12 of the Meeting Procedure Rules has been proposed by Councillor Drew Mellor and seconded by Councillor Chris Rigby:­

 

Further to the motion adopted in September 2019 that “That this Council unanimously, unequivocally and explicitly condemns prejudice and intolerance in all forms. We uphold, as is our moral and legal duty, the 9 protected characteristics of the 2010 Equality Act of age, disability, gender re-assignment, marriage and civil partnership, pregnancy and maternity, race, sex and religion or belief. There is no place in this Council, be it members or officers, for prejudice, discrimination or bigotry of any kind.

 

This Council resolves to:

 

a)    adopt the widely and nationally adopted definition of Islamophobia.

 

For Councillors information and ease of reference, set out below is the All Party Parliamentary Group definition of Islamophobia:

 

“Islamophobia is rooted in racism and is a type of racism that targets expressions of Muslimness or perceived Muslimness.”

 

b)    Ensure that all councillors and officers undertake regular race equality training, to include unconscious bias, to be reviewed by the Equality Action Commission.

 

c)    Provide an easily accessed route for any minority group with recognised characteristics to be similarly recognised by BCP Council.

 

B – Fireworks

 

The following motion submitted in accordance with Procedure Rule 12 of the Meeting Procedure Rules has been proposed by Councillor Lisa Lewis and seconded by Councillor Tony Trent:­

 

This Council resolves:

 

· to require all public firework displays within the local authority boundaries to be advertised in advance of the event, allowing residents to take precautions for their animals and vulnerable people

 

· to actively promote a public awareness campaign about the impact of fireworks on animal welfare and vulnerable people – including the precautions that can be taken to mitigate risks

 

· to write to the UK Government urging them to introduce legislation to limit the maximum noise level of fireworks to 90dB for those sold to the public for private displays

 

· to encourage local suppliers of fireworks to stock ‘quieter’ fireworks for public display.

 

C – Ban on Badger Cull on BCP Land

 

The following motion submitted in accordance with Procedure Rule 12 of the Meeting Procedure Rules has been proposed by Councillor Vikki Slade and seconded by Councillor Chris Rigby:­

 

Badger culling was piloted in England in 2013 as an attempt to reduce the devastation of Tuberculosis in cattle.  In Summer 2014, Borough of Poole passed a motion which banned the culling of Badgers on land owned by the council, whether it was managed directly or leased to others.  It does not appear that any of the other legacy councils in this area has passed such a motion

 

In 2015 the cull was formally extended to parts of Dorset and between 2016 and 2019 a further 39 areas of the country were included and earlier in 2020 an additional ten areas in the ‘High Risk and Edge’ areas will also become part of the area where the culling of badgers is lawful.

 

While there is no doubt that Bovine TB causes damage to farming and it is imperative that a solution to this problem must be found, there is plenty of evidence which demonstrates that culling badgers is expensive, ineffective and inhumane.

 

The Wildlife Trust, which manage land on behalf of BCP Council have opposed the badger cull since it first started and will not allow culling on any land that it owns.  They believe that far from resolving the problem of badger culling it could actually be making the problem worse as they do not believe that badger to cattle transmission is the primary cause of the spread of TB in cattle.

 

We stand with tenant farmers, landowners and farming businesses in calling for an effective long-term solution to this disease which is one of the UKs greatest animal health threats but believe that in line with the Godfray Review alternatives must be brought forward to stop the repeated culling of badgers.

 

In 2019, 563 badgers were killed in Dorset during the cull but the animals are not routinely tested after death to know whether any of them were infected with Bovine TB.  Studies carried out by a number of universities suggest that the prevalence of TB in culled badgers is between 1% and 3.8%.

 

This council therefore resolves to

 

i)               confirms a ban on the culling of badgers on land owned by or leased from BCP Council with immediate effect

 

ii)              offers access to Dorset Wildlife Trust, Badger Trust and other professionals to land for the purpose of badger vaccination

 

iii)            work with landowners and farmers on promoting biosecurity measures to prevent transmission

 

iv)            ask the portfolio holder to write to DEFRA to accelerate research into alternatives to control TB in cattle

 

D – Lead Members and Scrutiny on BCP Council

 

The following motion submitted in accordance with Procedure Rule 12 of the Meeting Procedure Rules has been proposed by Councillor Millie Earl and seconded by Councillor Simon McCormack:­

 

BCP Council believes that:

 

i)               Lead Members appointed by the Leader to assist the executive in their decision making cannot be members of scrutiny committees and cannot substitute for absent members of scrutiny committees

 

ii)              If this motion is passed by the council, the constitution shall be amended to reflect this.

 

 

 

 

 

 

The following motions were submitted in accordance with Procedure Rule 12:-

A - Islamophobia Definition

Councillor Drew Mellor in accordance with the relevant provisions within the Constitution, through the Chairman, and with the consent of the Council moved the altered motion as follows which was seconded by Councillor Chris Rigby

This Council resolves to:-

(a)     Adopt the widely and nationally adopted definition of Islamophobia. For Councillors information and ease of reference, set out below is the All Party Parliamentary Group definition of Islamophobia: “Islamophobia is rooted in racism and is a type of racism that targets expressions of Muslimness or perceived Muslimness.”;

(b)     Ensure that all councillors and officers undertake regular race equality training which will include, as a minimum, a working understanding of our public sector equality duty and unconscious bias;

(c)     To reaffirm BCP Council’s commitment to eliminate discrimination. To lead on developing positive relationships across our communities, tackling prejudice and ensuring the public sector equality duty remains at the heart of decision making so that fairness is central to all that we do.

Councillor Rigby in seconding the motion was proud to highlight how this cross-party motion had been developed.  He thanked Councillors Dove, N Greene, Earl, Farquhar and Slade for their support. Councillor Rigby highlighted part (c) of the motion and the need to eliminate discrimination and prejudices.

The Chairman reported that full Council needed to consent to debating the altered motion which was confirmed by Members.

Members in considering this cross-party motion commented on the importance of the Council having no prejudice and respecting and welcoming everyone in the BCP area, highlighted the need to engage with all communities and demonstrate tolerance, arrange and support events that demonstrate the diversity of cultures and religious practices in the area and emphasised that the motion provided a clear and unambiguous statement.

The Chairman asked Councillors to confirm if they supported the request for a recorded vote.  The Chief Executive reported that the requisite 25% of Councillors had agreed to the recorded vote.

In accordance with the Constitution the following was recorded on the altered motion:

For

Cllr Hazel Allen	Cllr Bryan Dion	Cllr David Kelsey
Cllr Lewis Allison	Cllr Bobbie Dove	Cllr Bob Lawton
Cllr Mark Anderson	Cllr Beverley Dunlop	Cllr Marion LePoidevin
Cllr Sarah Anderson	Cllr Millie Earl	Cllr Lisa Lewis
Cllr Marcus Andrews	Cllr Jackie Edwards	Cllr Rachel Maidment
Cllr Julie Bagwell	Cllr L-J Evans	Cllr Chris Matthews
Cllr Steve Baron	Cllr George Farquhar	Cllr Simon McCormack
Cllr Stephen Bartlett	Cllr Duane Farr	Cllr Drew Mellor
Cllr John Beesley	Cllr Laurence Fear	Cllr Pete Miles
Cllr Derek Borthwick	Cllr Anne Filer	Cllr Sandra Moore
Cllr Philip Broadhead	Cllr David Flagg	Cllr Lisa Northover
Cllr Mike Brooke	Cllr Nick Geary	Cllr Tony O’Neill
Cllr Nigel Brooks	Cllr Mike Greene	Cllr Susan Phillips
Cllr David Brown	Cllr Nicola Greene	Cllr Margaret Phipps
Cllr Simon Bull	Cllr Andy Hadley	Cllr Karen Rampton
Cllr Richard Burton	Cllr May Haines	Cllr Felicity Rice
Cllr Diana Butler	Cllr Peter Hall	Cllr Chris Rigby
Cllr Daniel Butt	Cllr Nigel Hedges	Cllr Roberto Rocca
Cllr Judes Butt	Cllr Paul Hilliard	Cllr Vikki Slade
Cllr Eddie Coope	Cllr Mark Howell	Cllr Ann Stribley
Cllr Mike Cox	Cllr Mohan Iyengar	Cllr Tony Trent
Cllr Malcolm Davies	Cllr Cheryl Johnson	Cllr Mike White
Cllr Norman Decent	Cllr Toby Johnson	Cllr Lawrence Williams
Cllr Lesley Dedman	Cllr Jane Kelly	Cllr Kieron Wilson

 

The altered motion was carried

Voting: For – 72; Against – 0; Abstentions – 0

 

B Fireworks

Councillor Lisa Lewis moved the following motion as set out on the agenda on Fireworks which was seconded by Councillor Tony Trent:

This Council resolves:

(a)      to require all public firework displays within the local authority boundaries to be advertised in advance of the event, allowing residents to take precautions for their animals and vulnerable people;

(b)      to actively promote a public awareness campaign about the impact of fireworks on animal welfare and vulnerable people – including the precautions that can be taken to mitigate risks;

(c)      to write to the UK Government urging them to introduce legislation to limit the maximum noise level of fireworks to 90dB for those sold to the public for private displays;

(d)      to encourage local suppliers of fireworks to stock ‘quieter’ fireworks for public private display.

A recorded vote was requested by Councillor Lewis

Councillor Bull sought clarification on the wording of the final bullet point and asked if it should be for public display or private use.  Councillor Lewis suggested that it should be for private use.

The Chairman asked Councillor Lewis to confirm if she wished to make any amendment to her motion.  Councillor Lewis had changed “public” to “private” in the last bullet point.  A Councillor indicated that he felt that the motion was not clear and should be rewritten.

Members in considering the motion commented on the impact on veterans, enabling residents to manage such events and the impact on animals, the clarity and strength of the motion, felt that the motion was outside the jurisdiction of the Council and should be dealt be local MPs or Central Government.

Councillor Brooke had requested that the Council now go to the vote.  The Chairman asked if any Councillors wished to vote against going to the vote.

Councillor Lewis in summing up clarified the key issues of the motion as amended above.

Councillor Brooks left at 7.46 pm

The Chairman asked Councillors to confirm if they supported the request for a recorded vote.  The Chief Executive reported that the requisite 25% of Councillors had agreed to the recorded vote.

For

Cllr Lewis Allison	Cllr L-J Evans	Cllr Chris Matthews
Cllr Marcus Andrews	Cllr George Farquhar	Cllr Simon McCormack
Cllr Steve Baron	Cllr Anne Filer	Cllr Pete Miles
Cllr Stephen Bartlett	Cllr David Flagg	Cllr Sandra Moore
Cllr Derek Borthwick	Cllr Nick Geary	Cllr Lisa Northover
Cllr Mike Brooke	Cllr Andy Hadley	Cllr Margaret Phipps
Cllr David Brown	Cllr Paul Hilliard	Cllr Felicity Rice
Cllr Simon Bull	Cllr Mark Howell	Cllr Chris Rigby
Cllr Richard Burton	Cllr Cheryl Johnson	Cllr Vikki Slade
Cllr Diana Butler	Cllr Toby Johnson	Cllr Tony Trent
Cllr Mike Cox	Cllr Marion LePoidevin	Cllr Kieron Wilson
Cllr Lesley Dedman	Cllr Lisa Lewis
Cllr Millie Earl	Cllr Rachel Maidment

 

Against

Cllr Mark Anderson	Cllr Beverley Dunlop	Cllr Tony O’Neill
Cllr Eddie Coope	Cllr David Kelsey	Cllr Ann Stribley
Cllr Bryan Dion	Cllr Drew Mellor	Cllr Lawrence Williams

 

Abstentions

Cllr Hazel Allen	Cllr Bobbie Dove	Cllr Mohan Iyengar
Cllr Sarah Anderson	Cllr Jackie Edwards	Cllr Jane Kelly
Cllr Julie Bagwell	Cllr Duane Farr	Cllr Bob Lawton
Cllr John Beesley	Cllr Laurence Fear	Cllr Susan Phillips
Cllr Philip Broadhead	Cllr Mike Greene	Cllr Karen Rampton
Cllr Daniel Butt	Cllr Nicola Greene	Cllr Roberto Rocca
Cllr Judes Butt	Cllr May Haines	Cllr Mike White
Cllr Malcolm Davies	Cllr Peter Hall
Cllr Norman Decent	Cllr Nigel Hedges

 

The amended motion was carried:

Voting: For – 37; Against – 9; Abstentions – 25

 

C – Ban on Badger Cull on BCP Land

Councillor Vikki Slade moved the following motion as set out on the agenda on the proposal to ban badger culling on BCP land which was seconded by Councillor Chris Rigby:

This Council therefore resolves to:-

(a)       confirm a ban on the culling of badgers on land owned by or leased from BCP Council with immediate effect;

(b)       offers access to Dorset Wildlife Trust, Badger Trust and other professionals to land for the purpose of badger vaccination

(c)       work with landowners and farmers on promoting biosecurity measures to prevent transmission;

(d)       ask the portfolio holder to write to DEFRA to accelerate research into alternatives to control TB in cattle.

In presenting the motion Councillor Slade referred to the ban imposed by the Borough of Poole in the summer of 2014,  highlighted the number of badger culls year on year and the cruel and inhumane way in which they were culled and emphasised the importance that such activity was banned on land owned and leased by BCP Council.

In considering the motion Councillors comments included asking for clarification on the current Council policy, the impact of the over intensification of farming, having access to all the necessary information, the research being undertaken in other areas of the UK and the views expressed by other organisations on sources of food for badgers.

Councillor Slade in summing up explained that statistics associated with the cause of Tuberculosis indicated that over 93% come from sources other than badgers.  She explained that the Council Policy’s only restriction was around open shooting which would require a licence and there was a risk that it took place on our land. She referred to the outcomes from other areas of the UK and stressed the importance of controlling it on BCP Council land.

The motion was carried.

Voting: Unanimous

Councillors Mark Anderson and George Farquhar wished to be recorded as voting for the motion.

 

D – Lead Members and Scrutiny on BCP Council

Councillor Millie Earl moved the following motion as set out on the agenda on Lead Members and Scrutiny on BCP Council which was seconded by Councillor Simon McCormack:

BCP Council believes that:-

(a)       Lead Members appointed by the Leader to assist the executive in their decision making cannot be members of scrutiny committees and cannot substitute for absent members of scrutiny committees

(b)       If this motion is passed by the council, the constitution shall be amended to reflect this.

Councillor Earl in presenting the motion referred to the role description for Lead Members, the need for clarity and the relationship with the Executive and Overview and Scrutiny.  She highlighted the reference to the cross-cutting nature of the role and the work with all Cabinet Members.  Councillor Earl indicated that they were directly related to each and every Cabinet Member and managed by the Leader of the Council. She emphasised that the motion sought clarification and aimed to mitigate against any weakening of Overview and Scrutiny. Council Earl reported that she would like to see more detail in the job description and the national guidance but that was not the case, so it was a matter for the Council determine.

A Member welcomed the role of Lead Members but felt that they should not be involved in scrutiny, the two roles should be kept separate.  Another Councillor reported that the Council should be working within the spirit of the law and be demonstrating transparency.  She reported that “Cabinet plus” should not be involved in scrutiny and should be undertaken by those Councillors for whom that was their role and therefore ensure there was no conflict.

Councillor Drew Mellor proposed the following amendment to i) above which was seconded by Councillor Philip Broadhead. He referred to the guidance provided by the Monitoring Officer but explained that by restricting membership on other Committee there would be a loss of talent.

Lead Members appointed by the Leader to assist the executive in their decision making cannot be members of the Overview and Scrutiny Board and cannot substitute for absent members of the Overview and Scrutiny Board.

The Chairman reported on the opportunity for Councillor Earl to speak at the end of the amendment.

In considering the amendment Councillors made various comments including the role of Lead Members to make a decision on any potential conflict of interest, the role and function of Lead Members, the impact on the Overview and Scrutiny function, working within the spirit of the law, the need for transparency and the impact on the other Overview and Scrutiny Committees compared to the Board.

Councillor Mike White moved that the amendment be now put which was seconded by Councillor Beverley Dunlop.

The Chairman called on Councillor Mellor to sum up.  Councillor Earl was called on by the Chairman to respond to the debate.  Councillor Dunlop raised a point of order to seek clarification on Councillor Earl responding to the amendment.  The Chairman reported that he had discretion to deal with points of order and that Councillors should identify the paragraph where the constitution has not been complied with.  The Monitoring Officer referred to Appendix 3, page 4-42 paragraph 11 of the Constitution on the right of reply.  Councillor Earl continued and referred to the failure of a Lead Member to declare an interest at the Overview and Scrutiny Board in November 2020 despite a direct conflict in an item on the agenda as a Lead Member.  Councillor Earl indicated that it took objections from Members of the Board for the Lead Member to remove herself and in view of the confusion for Lead Members clarity was needed and she requested that Councillors support the original motion.

The amendment was voted on and carried:

Voting: For – 38; Against – 32; Abstentions – 1

Councillor George Farquhar wished to be recorded as voting against the above amendment.

Councillors then debated the substantive motion.  In response to a question the Monitoring Officer reported that the Leader had the authority to appoint Cabinet Assistants or Lead Members but that the Council was voting on the principle on whether they should sit on Overview and Scrutiny Committees and as there were no financial benefits the Monitoring Officer did not believe there was a conflict.

Councillor Dunlop for clarity in response to Councillor Earl’s comments confirmed that she did not have any conflict of interest to declare at the Overview and Scrutiny Board in November 2020.

The Chief Executive advised Members that when raising a point of order Councillors shall specify the relevant procedure rule and or statutory provision and how it had been breached.

The Chairman in response to a point of order clarified that the Council was now debating the substantive motion as amended. 

A Councillor suggested that the Constitution now required amending in light of the introduction of Lead Members.

Councillor Nicole Greene raised a point of order and moved that the question now be put which was seconded by Councillor Philip Broadhead.

The vote was taken on the substantive motion as amended detailed below which was carried:

BCP Council believes that:-

(a)       Lead Members appointed by the Leader to assist the executive in their decision making cannot be members of the Overview and Scrutiny Board and cannot substitute for absent members of the Overview and Scrutiny Board.

(b)       If this motion is passed by the council, the constitution shall be amended to reflect this.

Voting: For – 57; Against – 9; Abstentions – 4

Councillor George Farquhar wished his name to be recorded as against.

The meeting was adjourned from 9.43pm to 9.48pm