Agenda and minutes

The Mayor’s Chaplain for the evening, Venerable David Garnett, St Cuthberts, Halsall, led Members and officers in prayer.

A minute silence was held to pay respect to Her Majesty The Queen.

Apologies for absence were received on behalf of Councillors J Monaghan, K Wilkie and A Yates.

If a member requires advice on Declarations of Interest, he/she is advised to contact the Legal and Democratic Services Manager in advance of the meeting.  (For the assistance of members a checklist for use in considering their position on any particular item is included at the end of this agenda sheet.)

The following declarations were received:

1.         Councillors Aldridge, Bailey, O'Toole, Pope and D Westley declared a non pecuniary interest in relation to item 12 (a) Youth Council & Youth Mayor - Motion', as Members of Lancashire County Council, as did Councillors Coughlan, Cummins and Gagen as an employee of Lancashire County Council.

To receive as a correct record, the minutes of the previous meeting held on Wednesday 20 July 2022.

RESOLVED:   That the Minutes of the previous meeting held on Wednesday 20 July 2022, be agreed as a correct record and signed by the Mayor.

The Mayor announced:

A.     That a member of the public would be filming part of the meeting, using a mobile phone.

B.     The following fund raising events:

•    Saturday 15 October – Fashion Show at Ormskirk Civic Hall 7pm – Tickets £5.00

•    Friday 25 November – An Evening of Song and Dance, Haskayne Village Hall 7pm – Tickets £15.00

•    17 March 2023 The Mayors Charity dinner/ball is booked for Lancashire Manor Hotel – Tickets £39.50

The following Questions were received, and Members were advised that the following responses had been circulated prior to the meeting:

1.     Questions from Councillor James Upjohn – Report 'Change of Governance Arrangements'

(i)     Leader, should there be a public consultation on such a monumental and costly change to council workings?

Response

As stated in the report there is no legal requirement to carry out any consultation.  Some Councils have carried out consultations and/or referendums prior to changing but many have not.  It is a decision for Council to make on whether there should be a consultation prior to any change or not.

(ii)    We recently switched to pre-scrutiny, after a vote at full council, has this been implemented yet and if yes how effective is it?

Response

Yes, pre scrutiny has been implemented, a copy of the Overview & Scrutiny Annual Report for 2021/22 is included on the agenda for this meeting, for Members to consider.

(iii)  Is it a good idea to switch to a committee structure? Has any research been done on Hybrid Models?

Response

It is a matter for each Council to determine which governance model is the best for it.  As set out in the report there are considered to be benefits and disadvantages to each governance system and there is no universally accepted better model.  I am not aware of any research on hybrid models.

(iv)  The report at 7.6 refers to consultation proposed with key stake holders and the implementation of the new arrangements. For the consultation to be lawful and effective it must be carried out when the proposals are still at an informative stage. Can you confirm this has been done and if so where is the data.

Response

No, the consultation would be on the implementation not the decision whether to change the governance model if Council agreed with the recommendation of the Working Group.

2.     Questions from Councillor Rob Molloy – Report 'Change of Governance Arrangements'

I have several questions on the report into Change of Governance Arrangements that is in the Council papers for the meeting on October 12th.

(i)     The report states in Section 10 that there are "major implications" in terms of resources in any change to governance arrangements. In section 10.2 the report says that they are likely to be £50k to £100k in one off costs but there is no breakdown of how this is made up. 

Has a financial impact assessment been taken to validate this £50k to £100k range?

Response

The figure in the report is an estimate based on known likely costs such as legal support on the change of the constitution and on looking at the experience of other authorities which have gone through this process.  The actual figure will depend to a large extent on how the Council implements any resolution to change governance.

Is there a detailed breakdown that members can see to assure themselves and our residents that all one-off costs both internally and externally have been accurately considered  ...  view the full minutes text for item 40.

To receive the minutes of the following meetings, to confirm, if appropriate, such of the minutes as require confirmation and to pass such resolutions as the Council may deem necessary:

Consideration was given to the minutes of the undermentioned meetings of the Committees shown.

RESOLVED    That the minutes of the undermentioned meetings and any recommendations contained in them, be approved:

A.     Licensing & Appeals Committee – Tuesday 26 July 2022

B.     Planning Committee – Thursday 28 July and 8 September 2022

C.    Standards Committee – 20 September 2022

D.    Budget/Council Plan Committee – 28 September 2022

To consider the report of the Corporate Director of Transformation, Housing & Resources.

Consideration was given to the report of the Corporate Director of Transformation, Housing and Resources, as contained on pages 263 – 266 and 305 – 332 of the Book of Reports, which set out the Overview and Scrutiny Annual Report 2021/22 and how Overview and Scrutiny is working at West Lancashire and sought additional resources in order to undertake the additional work arising from the creation of the four Task & Finish Groups that have been established and the additional pressures in Democratic Services.

RESOLVED:   A.     That the Overview and Scrutiny Annual Report 2021/22, appended to the report, be noted and the Overview and Scrutiny Committees be commended on their work.

B.     That a permanent allocation of 20 hours per week at Grade SO1 be assigned to facilitate the additional work arising from the creation of four Task & Finish Groups, either as a standalone Democratic Services Officer role or a more substantive role combined with other duties.

C.     That an additional post 'Principal Democratic Services Officer' at Grade PO2 be created, as set out in paragraph 6.3 of the report to address the current resource issues.

To consider the report of Simon Goacher, Independent Legal Advisor (Weightmans LLP) on behalf of the Chief Operating Officer.

Consideration was given to the report of Simon Goacher, Independent Legal Adviser (Weightman's LLP) on behalf of the Chief Operating Officer, as contained on pages 267 – 286 of the Book of Reports, which set out the recommendations of the Political Governance Arrangements Working Group, recommending to move to a Committee System following a review undertaken and which set out the legal framework and implications for change.

The Mayor advised that Simon Goacher was in attendance to take any questions.

The Chairman of the Working Group thanked Members, Officers, Simon Goacher from Weightmans and Ed Hammond from the Centre of Governance & Scrutiny for the work undertaken during the review.

A Motion, circulated prior to the meeting, was moved and seconded.

An Amendment, circulated prior to the meeting, was moved and seconded.

A vote was taken on the Amendment, and at the request of a Member was recorded as follows:

FOR:              Councillors Bailey, Mrs Blake, Blundell, Clandon, Daniels, Davis, Eccles, Gordon, Gresty, Hirrell, Howard, Johnson, Juckes, Mrs Marshall, Mee, Mitchell, O'Toole, Owens, Pope, Rigby, Sutton, Thompson, Turpin, D Westley, Mrs Westley, Whittington and Witter.  (TWENTY-SEVEN)

AGAINST:      Councillors Aldridge, Anderson, Burnside, Coughlan, Cummins, Dowling, Fennell, Fillis, Finch, Fowler, Furey, Gagen, Gregson, Hogan, Molloy, Nixon, O'Neill, D Owen, G Owen, Patel, Pryce-Roberts, Upjohn, West and J Wilkie. (TWENTY-FOUR)

ABSTENTIONS:      (NONE)

The Amendment was CARRIED.

A vote was taken on the Substantive Motion, which was CARRIED.

RESOLVED:   A.     That the following recommendations of the Working Group be noted:

(a)  "That the council adopts the committee system form of governance with effect from the annual council meeting of the Council in 2024.

(b)  That in respect of consultation arrangements:

(i)      a referendum should not be held.

(ii) That a public consultation should not be held prior to a decision being made.

(iii)   That consultation be undertaken with relevant stakeholders if a decision is taken to move to a Committee System

(c)   That the following Committee structure be adopted:

Service/Policy Committees:

•     Policy & Resources

•     Housing & Health

•     Environment

Statutory Committees:

•   Audit and Governance Committee

•   Licensing and Appeals Committee

•   Licensing and Gambling Committee

•   Planning Committee

•   Standards Committee

Although other suggestions that come forward can be considered by the Working Group and Council."

B.     That taking into account the recommendations of the Working Group above, the implications of change set out in paragraph 8 of the report, including the financial/resource implications, set out in paragraph 10, the Council move to a committee system with effect from the Annual Council meeting in 2024.

C.     That the Council adopts the Committee structure set out at A. (c) above.

D      That the Terms of Reference of the Political Governance Arrangements Working Group be expanded, in order to bring further reports back to Council, in respect of the following:

(i)   The Consultation arrangements

(ii)     The Membership size and Terms of Reference of Committees and to consider if any other bodies, such as Sub-Committee, Working Groups or Task & Finish Groups will  ...  view the full minutes text for item 43.

It is recommended that members of the press and public be excluded from the meeting during consideration of the following item(s) of business in accordance with Section 100A(4) of the Local Government Act 1972 on the grounds that it involves the likely disclosure of exempt information as defined in Paragraph 3 (Financial/Business Affairs) of Part 1 of Schedule 12A to the Act and as, in all the circumstances of the case the public interest in maintaining the exemption under Schedule 12A outweighs the public interest in disclosing the information.

RESOLVED:    That under Section 100A(4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following item of business on the grounds that it involves the likely disclosure of exempt information as defined in paragraph 3  of Part 1 of Schedule 12A of that Act and as, in all the circumstances of the case, the public interest in maintaining the exemption under Schedule 12A outweighs the public interest in disclosing the information.

To consider the report from the Chief Operating Officer.

Consideration was given to the report of the Chief Operating Officer, as contained on pages 287 to 294 of the Book of Reports, which set out details of a proposed land purchase to facilitate a new housing scheme.

RESOLVED:   That a site at Becconsall Lane, Hesketh Bank be purchased and that relevant agreements are put in place with Heylo Housing and Tawd Valley Developments Limited (TVDL) to deliver the scheme, subject to the conditions at paragraph 4.9 of the report, being met.

To consider the following Motions included on the agenda at the request of the Members indicated:

The following 2 Motions were considered at the request of the Members indicated:

That a report be submitted to either February or April 2023 full Council meeting, to consider how West Lancashire can work with Lancashire County Council to strengthen relationships with the Lancashire Youth Council on local issues. The report to also include what it would entail to have a Youth Mayor in West Lancashire, what levels of support would be available for a Youth Mayor and how they could be involved with helping the Mayor in their role.

The following Motion was moved and seconded:

"That a report be submitted to either February or April 2023 full Council meeting, to consider how West Lancashire can work with Lancashire County Council to strengthen relationships with the Lancashire Youth Council on local issues. The report to also include what it would entail to have a Youth Mayor in West Lancashire, what levels of support would be available for a Youth Mayor and how they could be involved with helping the Mayor in their role."

The mover and the seconder amended the Motion to remove the words "either February", with the agreement of the meeting

RESOLVED:   That a report be submitted to April 2023 full Council meeting, to consider how West Lancashire can work with Lancashire County Council to strengthen relationships with the Lancashire Youth Council on local issues. The report to also include what it would entail to have a Youth Mayor in West Lancashire, what levels of support would be available for a Youth Mayor and how they could be involved with helping the Mayor in their role.

"That it be noted that council staff have access to counselling services if needed and that some WLBC staff are trained as Mental Health First Aiders, to offer support.

That this Council recognises that Councillors may also need mental health support and that mental health first aid provisions should also be given to Councillors when needed."

The following Motion was moved and seconded:

"That it be noted that council staff have access to counselling services if needed and that some WLBC staff are trained as Mental Health First Aiders, to offer support.

That this Council recognises that Councillors may also need mental health support and that mental health first aid provisions should also be given to Councillors when needed."

The Portfolio Holder gave a commitment to resend the details previously provided in an email, which set out what provision was available to Councillors in West Lancashire.

Following a debate, the Motion was WITHDRAWN by the mover and seconder, and with the agreement of the meeting.