To approve the  Minutes of the Meeting held on Wednesday 23 February 2022 (Minute Nos. 611 – 629) as a correct record.

The Minutes of the Council meeting held on 23 February 2022 (Minute Nos. 611 - 629) were taken as read, approved and signed by the Mayor as a correct record.

Councillors should not act or take decisions in order to gain financial or other material benefits for themselves or their spouse, civil partner or person with whom they are living with as a spouse or civil partner.  They must declare and resolve any interests and relationships.

The Mayor will ask Members if they have any interests to declare in respect of items on this agenda, under the following headings:

(a)          Disclosable Pecuniary Interests (DPI) under the Localism Act 2011.  The nature as well as the existence of any such interest must be declared.  After declaring a DPI, the Member must leave the meeting and not take part in the discussion or vote.  This applies even if there is provision for public speaking.

(b)          Disclosable Non Pecuniary Interests (DNPI) under the Code of Conduct adopted by the Council in May 2012.  The nature as well as the existence of any such interest must be declared.  After declaring a DNPI interest, the Member may stay, speak and vote on the matter.

(c)           Where it is possible that a fair-minded and informed observer, having considered the facts would conclude that there was a real possibility that the Member might be predetermined or biased the Member should declare their predetermination or bias and then leave the meeting while that item is considered.

Advice to Members:  If any Councillor has any doubt about the existence or nature of any DPI or DNPI which he/she may have in any item on this agenda, he/she should seek advice from the Monitoring Officer, the Head of Legal or from other Solicitors in Legal Services as early as possible, and in advance of the Meeting.

No interests were declared.

The Mayor gave a summary of events he had attended since the last Full Council meeting in February 2022.  He said he had attended two events at the media centre, one to mark the  start of the BBC 100 year Anniversary and the second to award prizes to local school children on behalf of Swale in Bloom for their flowerbed design for a local roundabout, to celebrate the Queen’s Platinum Jubilee.

Other events the Mayor had attended included an art exhibition at Bluewater Shopping Centre, Greenhithe which displayed paintings drawn by inmates of Isle of Sheppey prisons, an International Women’s Day event at Diversity House, Sittingbourne at which the Mayoress spoke about her role as a Swale midwife, a tour of the Shepherd Neame Brewery, Faversham and the Faversham Brewery Ball.

Finally, the Mayor said he attended the launch of the Kent Wheels of Time which linked all Kent museums and heritage hubs of which Swale was the largest contributor to take part, with the most museums and heritage sites in Kent.

The Leader read out the following statement to Members:

“Whilst we have an extraordinary meeting on 27^th April, this is the last Full Council meeting of the Strong Leader and Cabinet era on this Council, at least for some time.

We have opted democratically to be a committee led Council and whilst that will involve challenge and adaptability, we owe it to the Council and our residents to make it work. We should be encouraged by the degree of public support for this change, including very emphatically former Councillors who went through the change to the Cabinet system.

Who knows what new crises may yet occur, but it is clear that we, along, with the whole of local government are going to find the next period of time very hard. 

Local Government has been under-funded for far too long and unless this is reversed, we will have to find radical ways to manage financially. If the government funds little more than statutory services, then the role of local government is going to be profoundly restricted. We are in danger of being a centralised state with less and less local empowerment. This is utterly the wrong direction. The Covid crisis showed exactly how able and adaptable lower tier Councils are, and Swale was a sterling example.

Swale has been able to expand its role over the last few years by the use of one-off funds, and I will be providing a statement on these at the final Cabinet meeting on 13^th April. But these funds are finite and all the indications are that improvements to the borough in future may depend on successful bids for government funding, such as our levelling up bid, or how we stand with the government on their link between devolution, infrastructure and county deals.

The last three years of this Council has seen movement in several directions:   the constitutional changes, the determination to tackle homelessness and rough sleeping, the enhanced links with the voluntary sector, the climate change initiatives and the improvements to our public realm with a sense of our heritage. None of this is work completed and I hope we will see continuity into the committee period, over the next year and beyond.

If I can be personal, I have had three overall priorities.

Firstly, to ensure this council has a sense of stability both in its administrative management and in its finances. We were in a difficult place at first without a Chief Executive and without a very convincing structure to our senior management.

Secondly, I believed there were resources available, and had been for a long time, that could be utilised to the benefit of our local communities. I have referred to the one-off funding earlier, which has in total enhanced our public facilities, our open spaces, including play areas, made visiting Swale a more comfortable experience, improved our town centres and given support to others in our community that are a vital glue in our borough.

And thirdly, I  ...  view the full minutes text for item 735.

To consider any questions submitted by the public.  (The deadline for questions is 4.30 pm on the Wednesday before the meeting – please contact Democratic Services by e-mailing democraticservices@swale.gov.uk or call 01795 417330).

The Mayor advised that one question had been received from a member of the public.  Mr Collins was unable to read out his question and the Mayor did so on his behalf:

Questions 1 – Mr Collins

Swale can lead the way among statutory authorities in the transformation of local infrastructure and economy which the climate emergency demands. The challenge to achieve maximum sustainability presents many opportunities for employment at all levels. What is the Council doing to promote training to equip the local workforce with the requisite motivation and skills?

Response – Cabinet Member for Economy and Property

The Council has adopted a leadership role locally, in declaring a climate and ecological emergency in 2019.  Alongside this is a Climate and Ecological Emergency Action Plan was adopted in 2020 and sets out a broad range of actions, against which progress is being made.  This includes the roll-out of Carbon Literacy training for the Council’s own workforce, which seeks to deepen understanding of both the issues and the opportunities for individuals to consider how they can contribute to meeting the challenges, both personally and through their work programmes. 

Whilst wider responsibility and funding for learning and skills rests with KCC and other institutions, the Council has nonetheless placed great importance on promoting improved access, attainment and progression, encouraging learning providers to help address what are significant and fundamental skills gaps in the resident population.  We also work with partners to encourage employers to invest in workforce development and directly promote opportunities for business to make their operations more sustainable. 

Continuing to raise awareness amongst employers, improving links between them and learning providers and the new business opportunities associated with addressing climate change all help motivate investment in the skills that will be needed - but inevitably more could be done.  The Council will continue to play its role, working with employers and providers and new funding opportunities, such as the UK Shared Prosperity Fund, may also give district councils the ability to more directly influence local learning provision and support employee skills for the future.

To consider any questions submitted by Members.  (The deadline for questions is 4.30 pm on the Monday the week before the meeting – please contact Democratic Services by e-mailing democraticservices@swale.gov.uk or call 01795 417330).

The Mayor advised that one question had been submitted by Members and he invited Councillor Steve Davey to ask his question.

Question 1 – Councillor Steve Davey

Please can the Cabinet Member advise on the correct procedure, protocols, criteria, and data gathering methods required and their method of presentation in order that the CCTV cameras can be re-installed in Milton High Street?

Response – Cabinet Member for Community

Swale Borough Council will consider the introduction of additional CCTV, in consultation with Kent Police. In order to ensure that there is evidence of a legitimate aim and need, the Council consider:

The type of issue being encountered in a specified area:

The volume of incidents reported to Kent Police in a 6-month period, including the frequency and victim profile. It is Important that people report all incidents to the police via 101 or in emergency situations via the 999/112 system

How it is felt that CCTV will specifically contribute to resolving the problem and if it will be effective.

In relation to Milton High Street, Kent Police have not highlighted this location as one of concern or a need for CCTV since the cameras there were removed. CCTV would also be considered as a possible action when a problematic location is highlighted to the CSU (Community Safety Unit).

As stated above residents must report all incidents to the police. Ward members play a key role in this and should be stressing to residents the need to report all incidents to the correct authority, reporting incidents via social media does not negate reporting incidents to the police. The ward members could also highlight to the CSU team any problematic locations within their wards.

Supplementary question:

There was no supplementary question.

Motion concerning Violence against Women and Girls – full motion in Agenda Pack

Proposed by: Councillor Hannah Perkin

Seconded by: Councillor Corrie Woodford

Amendments added to website 28.March 2022.

In introducing the motion, Councillor Hannah Perkin referred to the amendment proposed by Councillor Lloyd Bowen and seconded by Councillor Oliver Eakin as tabled and published on the Council’s website. Councillor Perkin sought Council’s agreement to include the amendment as an alteration to her original motion.  On being put to the vote, Members agreed. 

In proposing the altered motion, Councillor Perkin spoke about the high-profile murders of Sarah Everard and PCSO Julia James, in the summer of 2021 and said that since that time, a further 125 women had been killed, an average of approximately two per week, as a direct result of violence by men.  She said that each year Jess Philipp MP read out in Parliament the names of women that had been killed in the previous year, and the figure had increased by 10 more victims this year than on the previous year. Councillor Perkin said there were 618,000 sexual assaults or attempted sexual assaults on woman by men in England and Wales in 2020.

Councillor Perkin said she had carried out a survey of women in Faversham in relation to their safety and highlighted that less than 50% of women said they felt safe in Faversham at night, and she read-out some of the responses from women who had explained how they changed their behaviour to keep themselves safe.

Councillor Perkin thanked Councillors Richard Palmer and Elliott Jayes, along with the Community Safety Unit for the work they had been doing alongside Kent Police.  She also thanked Councillor Corrie Woodford for her work on the motion and thanked the Economy and Community Services Manager, and SATEDA.

Councillor Perkin recognised that men and boys could also be subject to violence and also deserved access to services to assist. She offered her support to any Councillor that brought a motion to the Council that highlighted this subject.

Councillor Perkin quoted her Majesty’s Inspector of Constabulary Zoe Billingham, who last year highlighted the serious issue of violence against women and girls and said that urgent action to address the issue was necessary with all agencies working together.

In seconding the motion Councillor Woodford spoke of her experiences as a teacher, in supporting students at schools.  She gave national statistics of the number of girls that had experienced unwanted sexual touching and harassment in schools and detailed that 600 rapes in schools had been reported to Police between 2012 and 2016.  Councillor Woodford gave further statistics of pupils and young women who had received inappropriate content and threats online.  She referred to the Department of Education’s Ofsted report on sexual abuse in schools and colleges in 2021, which found that almost all girls in schools had experienced at least one form of abuse, and she spoke about the report’s findings on how prevalent online abuse was in young people.

Councillor Woodford said that violence against women and girls was part of what was stopping women achieving equality and forced them into making choices about what was and was not safe  ...  view the full minutes text for item 738.

Motion concerning Ukraine – full motion in Agenda Pack

Proposed by:  Councillor Mike Dendor

Seconded by:  Councillor Cameron Beart

Amendment added to website 25 March 2022.

In proposing the motion as set-out on the Agenda, Councillor Mike Dendor described his family connection to the Ukraine and his Polish father’s experience escaping to the United Kingdom in 1939, and he drew parallels with the current conflict in Ukraine.  He said he was pleased to see that Councils, including SBC and Kent County Council, were already taking steps to digress interest, investments and supplies from Russian companies and that the Government were working towards ending supplies from Russian-sourced energy and seizure of assets.  Councillor Dendor also spoke of the work being carried-out by Government to assist in the safe passage of refugees and referred to war criminals being answerable to their crimes.  Finally, he said he was proud of the efforts of organisations and of individuals in opening their arms and hearts to genuine refugees.

In seconding the motion, Councillor Cameron Beart spoke of his personal connection to eastern Europe and his observations of the people and the impact that the outside influence of occupied forces had over the years.  He spoke of the determination, strength and perseverance of the Ukraine population and the changes in political views in the Czech Republic.

Councillor Ben J Martin proposed an amendment to the motion as set-out on the Council’s website and tabled.  He said that whilst he welcomed the motion, there was more action the Council could do.  Councillor Martin spoke of the difficulties faced by refugees entering the country and the need to simplify visa forms and protect escape routes.  He said that the Council needed to look at where funds were going, and he highlighted that the Kent Pension Fund invested in Russian fuel.  Councillor Martin said the amendment added to what action could be taken.

In seconding the motion, Councillor Perkin referred to the 1951 Refugee Convention which the UK had taken the lead on, giving protection to refugees.  She said that more than 2million people had been forced to flee Ukraine within the first two weeks of the war. Councillor Perkin said Amnesty International had called for the measures of the Nationalities and Borders Bill currently making its way through Parliament to be abandoned since it ‘flew in the face’ of the Refugee Convention.  She praised the Government for setting-up settlement schemes quickly and for the UK to commit humanitarian resources and work with global partners, to ensure that all those involved in crime under international law were found accountable.  Councillor Perkin praised the generous British public for opening their doors to refugees but, said the process needed to be streamlined more rapidly as of the 200,000 that had agreed to house refugees, only 2,700 refugees had currently been housed.  Finally, she spoke about the funding raised and support offered by the British public.

Members were invited to debate the amended motion and they raised points including:

·         Welcomed the amendment;

·         the war was an unprovoked, indefensible invasion of innocent people;

·         it was hard to justify not implementing a no-fly zone;

·         spoke in support of the amendment;  ...  view the full minutes text for item 739.

To follow report and appendicies added 23 March 2022.

The Deputy Leader and Cabinet Member for Constitutional Reform introduced the report which updated Council on the work of the cross-party groups and asked Council to agree new wording for Parts 1 and 2, giving effect to the decision to move to the Committee System in May 2022.

He said that any Constitution was a living document that could be amended, tweaked and improved. He reminded Members that at the Extraordinary Council meeting on 27 April 2022, the whole Constitution would be considered.

The Deputy Leader and Cabinet Member for Constitutional Reform proposed the recommendations with the following amendments to be added to the recommendations:

At 2.3.6.1 to add “……and/or working groups”

To allow for further improvements to how Planning Services interact in decision-making: “that it be delegated to the working group to carry-out further work at 2.8.15.2 (b) and (c) Delegations to the Head of Planning and bring back to consider at the Full Council meeting on 27 April 2022.”

At 2.2.1.4 “….that the Policy and Resources Committee be given the ability to establish a working group.”

The Leader seconded the recommendations, as amended.

The Leader of the main opposition group congratulated the working group and staff, for their work on re-writing the Constitution which he said was a mammoth task.  He said it was important that the Constitution was understood and highlighted that there was a mechanism in place to make further changes if necessary.  He requested that any draft documents that needed to be considered were circulated in a timely manner in order to provide feedback.

In the debate that followed, Members made points including:

·         Clarification that the document included reference that Policy and Resources had a working group;

·         reassured that the final version of the Constitution would be considered at the next Council meeting;

·         acknowledged the time and work spent by the working group;

·         the working group would review the document throughout the year;

·         highlighted a duplication of numbered paragraphs 2.3.6.1;

·         sought clarification on whether the Housing and Health Committee could include consideration of Rainbow Homes in their Sub-Committee and suggested that a working group was more efficient to allow flexibility of shareholders of Rainbow Homes; and

·         clarification on how non-Committee members could call-in decisions under the Committee System and how did the mechanism work?.

In summing up, the Deputy Leader and Cabinet Member for Constitutional Reform responded to the points raised. He said that working groups could not make decisions and Rainbow Homes would need the ability to do so but, the working group could look at this again although there were limited options.  He said that the working group could look at the call-in of decisions. Finally, he thanked the working group and officers for their input.

Resolved:

(1)      That Council adopts the text at Appendices I and II as Parts 1 and 2 of the updated constitution, to come into effect at Annual Council in May 2022 as amended to include the following:

(a)      At paragraph 2.3.6.1 to add and/or  ...  view the full minutes text for item 740.

The meeting was adjourned from 8.35pm to 8.45pm.