Agenda and minutes

Apologies for absence were submitted on behalf of Councillors Abdul Khan (Mayor), Danny Cassidy and Munsif Dad BEM JP

There were no declarations of interest or dispensations notified.

Councillor Miles Parkinson OBE, Leader of the Council, read out a statement on behalf of Councillor Joyce Plummer, which clarified why she had been unable to respond publicly to various comments made about her in the media and posted on social media.  The statement confirmed that Councillor Plummer had been suspended by the Hyndburn Labour Party and that she had received a formal letter from the Labour Party on 22 June 2022 in connection with an internal party matter.  The matter was still at the investigation stage.  The letter had confirmed that an investigation was not an indication of wrongdoing and operated on a confidential basis to protect all concerned and to comply with data protection rules.  The individuals involved were advised to keep the matter private and not to share information with the media or on social media.  Failure to observe those rules could potentially lead to disciplinary action.  An individual subject to investigation remained a member of the Labour Party and had to abide by the decisions of the political group.

Subsequently, Councillor Plummer had received information from other sections within the Labour Party organisation which had caused her some confusion.  Councillor Plummer had now been informed that she would have to be classed as an independent councillor on Hyndburn Council.  She reiterated that she was still a member of the national Labour Party and remained loyal.  She had also expressed disappointment about a lack of support from the Labour Party regional office last year when she had raised concerns about the content of an e-mail received from a party member during a period of bereavement after the loss of her husband of 62 years.  At that time she had relied heavily upon the support of her family.

The current discussion in the public domain had caused Councillor Plummer considerable distress.  In response to the comments posted, she reiterated that she had not chosen to become an Independent councillor.  She confirmed that she had not joined a coalition by serving on the Cabinet, as no coalition existed.  Nor was Councillor Plummer motivated to serve on the Cabinet for financial reward.  She considered that she was the victim of bullying behaviour and would consider taking legal advice.

Councillor Walsh clarified that Councillor Plummer remained a member of the national Labour Party, but not the local Labour Party.  This was as a result of an alleged breach of the national rules, but it was not possible to say more at this time for reasons of confidentiality.

Councillor Walsh reported that an Independent Member had challenged Labour Party members outside of the meeting this evening in a way which she considered was not appropriate.  This action might be referred to the Standards regime.  She asked that any future discussions be conducted in a manner which was more respectful.

a)    Mayor/Deputy Mayor

b)    Leader of the Council

c)    Chief Executive

The Deputy Mayor made the following announcements:

1)         Mayor’s Engagements

The reason for the Mayor’s absence this evening was that he was taking part in a four day visit with other Civic dignitaries to Sheffield Memorial Park, near Serre-les Puisieux, in northern France.  This was the site of the First World War Accrington Pals Memorial and several other memorials commemorating Pals battalions from the North of England.

The visit, which had been postponed for 2 years due to COVID, was to celebrate the upgrading and reopening of the track from the village to the site to make the memorials more accessible.  The Council had contributed £5,000 to these works, along with contributions from other local authorities and their French counterparts.

Over the four days, the Mayor would be taking part in a number of services of remembrance and civic events and would be visiting other cemeteries, memorials and monuments in the area.  Given that tomorrow marked the anniversary of the Battle of the Somme, the Mayor was very proud to have been asked support this event.

2)         Battle of the Somme and Re-Dedication of Cenotaph

On a similar theme, the Deputy Mayor confirmed that he would be attending the Battle of the Somme commemoration tomorrow at 10am, in Church Street Gardens and later, at 2.30pm, he would be at the centenary event for the Cenotaph in Oak Hill Park.

3)         Other Engagements

Earlier this month the Deputy had been proud to attend an event organised by Lancashire Fire and Rescue Service, which supported The Prince's Trust.  The event was to recognise the achievements of the latest cohort of young adults completing The Prince's Trust programme, for those not in education, employment or training.

This Saturday the Deputy Mayor would be attending Rishton Festival in celebration of the Queens Jubilee.  The day would begin with a parade through Rishton’s terrace streets before arriving at the festival ground at Hyndburn Academy, including stalls and musical and dance acts.

4)         Queen’s Award for Voluntary Service

On 2^nd June 2022, two local winners of the Queen’s Award for Voluntary Service had been announced.  The two groups had been included in the list of 244 charities, social enterprises and voluntary groups to receive the prestigious award this year, 6 of which had come from Lancashire.  This year’s Hyndburn winners included:

• Friends of Rhyddings Park, Hyndburn - For playing a key role in reviving the park and transforming its cafe to provide a base for community activities such as gardening, walks, craft, well-being sessions.

• Church & Oswaldtwistle Rotary - For improving life for the whole community through an impressive range of environmental, social and youth projects, which went far beyond simple fundraising.

Each of the groups would receive a certificate signed by HM The Queen and an exclusive commemorative crystal, presented by the Lord-Lieutenant of Lancashire, The Lord Shuttleworth KG KCVO, at an award ceremony which would be held on Monday 11 July at County Hall in Preston.  The Council added its congratulations  ...  view the full minutes text for item 43.

To confirm as correct records the minutes of recent Council meetings held on 19^th and 21^st May 2022.

The Minutes of the Council meetings held on 19^th and 21^st May 2022 were provided.  The following points relate to the Minutes of 19^th May 2022 only.

The Leader reported that at Minute 4 - Declaration of Interest and Dispensations, Councillor June Harrison had clarified at the meeting that she had not supported the appointment of Councillor Munsif Dad as the Labour Group Leader, and would wish for this statement to be recorded in the minute.

At Minute 5 - Announcements, Section (c) – Annual Review and Future Plans, the Leader was due to attend the opening ceremony of Clayton Civic Centre to see the investment delivered by the Leisure Trust.  The Leisure Transformation Programme was being rolled out across the Borough.  It was acknowledged that there were some on-going issues around leisure facilities in Great Harwood.  A review of leisure facilities had been commenced in 2019 by the Leisure Trust.  The organisation had gone to great lengths to look at what facilities were needed.  A series of reports had been provided to the Council and Cabinet since then.  The Lead Member during this period, Councillor Munsif Dad BEM JP, had been supportive of the progress being made.

Also recorded under this Minute was information about the membership of the Cabinet, which had led to the situation described previously concerning Councillor Plummer.  Newspapers had incorrectly described the administration as a coalition, which was not the case.  The arrangements in place within Hyndburn’s Cabinet were no different from the cooperation taking place between elected Leaders of various parties across all Lancashire authorities.  The Leader expressed gratitude to Councillor Plummer for her work to manage the Council’s finances, which built upon the work of her predecessor, former councillor, Gareth Molineux.  Good financial management explained why the Council was now able to afford to fund its ambitious plans.

In respect of Minute 8 – Appointment of Committees, etc. at Paragraph 4, Councillor Parkinson responded to Councillor Dad’s comment that nominations had been ‘imposed by the Leader of the Council’.  He refuted the assertion that nominations had been imposed and advised that all appointments had been voted upon by the Council.  The proposals had been circulated in sufficient time in advance of the meeting for alternative nominations to be made.

In relation to Minute 7 – Declaration of the Returning Officer, Councillor Noordad Aziz asked whether the Chief Executive had any knowledge of an arrest made by the Police in connection with an electoral matter and what progress had been made.  Mr Welsby confirmed that he had no knowledge of any arrest and was unable to provide any further information on this allegation.

A brief exchange of views took place between Councillors Melissa Fisher, Miles Parkinson and Joyce Plummer about the suspension issue raised previously.  It was recognised that the situation had caused distress to a number of individuals.  The Chief Executive confirmed that the Council had acted in accordance with the written instructions of the Deputy Leader of the  ...  view the full minutes text for item 44.

To deal with any questions submitted under Council Procedure Rule A2.2(vi).

·         Five questions have been received (report attached).

Five questions had been submitted under Council Procedure 2.2(vi) as detailed below.  The Deputy Mayor read out each question and a response was provided as indicated:

1)     Islamophobia

To the Leader of the Council (Councillor Miles Parkinson OBE)

“On Thursday 4^th July 2019, Hyndburn Borough Council adopted the Definition of Islamophobia agreed by the All-Party Parliamentary Group (APPG) on British Muslims

Does the Council and the Council Leader agree that all incidents of Islamophobia are abhorrent and have no place in Hyndburn?

What steps has the council taken to train staff and councillors on Islamophobia?

What Council policy and procedure documents now includes reference to the Islamophobia definition

What engagement has the Council had with Hyndburn Muslim community to address incidents of Islamophobia related to Council?”

Submitted by Councillor Mohamad Ayub

The Leader responded that the authority had adopted the policy as originally put to the Council.

2)         Indices of Multiple Deprivation

To the Leader of the Council (Councillor Miles Parkinson OBE) and Deputy Leader of the Council (Councillor Marlene Haworth)

“The Indices of Multiple Deprivation under the leadership of the current coalition over 23 years has moved the Borough from 54th to 16th most deprived.  Do the two leaders accept responsibility for the official figures and what are the leadership going to do to change this?”

Submitted by Councillor Kate Walsh

The Leader indicated that deprivation levels had increased across Lancashire in general during successive Labour and Conservative Governments, including throughout the terms of office of former MPs Greg Pope and Graham Jones.  Some Labour councillors had previously held out Burnley as an example of good practice, but that authority was further down the table than Hyndburn.  All councillors were invited to come together to work for the good of the Borough.  There was now an opportunity for all to join the decision-making process to make things better for everyone.

3)         Debate and Fresh Ideas is a Great Thing for Democracy

To the Leader of the Council (Councillor Miles Parkinson OBE)

“Prior to Covid, there was no limit to the number of motions any councillor could submit?

Motions submitted and passed from this Council have shaped policy and discussion at County Hall and Parliament.  You only have to look at the documents that are presented for the case for Skipton to Colne Rail Link.  They now begin the journey from Accrington to Yorkshire.

When is the limit going to be removed for the number motions as we are now in a post Covid era?”

Submitted by Councillor Noordad Aziz

The Leader responded that this matter was due to be considered at Agenda Item 6 – Constitution Update. The limit had been 1 motion per Group when this question had been submitted.  The proposal above to relax this restriction was supported.  He thanked Councillor Aziz for his question.

4)     Clayton Triangle

To the Leader of the Council (Councillor Miles Parkinson OBE)

“Is Clayton Triangle still progressing?”

Submitted by Mr Tim O’Kane (address supplied)

The Leader indicated  ...  view the full minutes text for item 45.

Report attached.

Members considered a report of Councillor Joyce Plummer, Portfolio Holder for Resources, proposing a number of further updates to the Council’s written constitution.

The Council was required by law to have a written constitution.  The Council’s written constitution was reviewed regularly and a copy of the constitution was available on the Council’s website.  A further review of the constitution had recently taken place to:

• ensure the constitution took account of the Council’s new political management arrangements; and
• determine whether the current restrictions on motions were still appropriate given the relaxation of Covid restrictions;

and, following consultation with the Leader’s Policy Development Board, a  number of amendments to the constitution were proposed for approval as follows:

Motions

It was proposed that the current limit on the number of motions (to one per group) was removed, but to facilitate the conclusion of meetings by 10.00pm, it was proposed that:

• Debate was limited to a maximum of 20 minutes per motion; and
• A maximum of 1.5 hours was allowed for motions at each Council meeting (with the suspension of standing orders being required as previously to permit a meeting to go on beyond 10.00pm); and
• Any motions not debated by the end of a Council meeting would require resubmission in order to be included on the agenda at the next Council meeting, rather than being automatically carried over to the next agenda.

Leaders Policy Development Board

Membership of this body currently comprised: Leader of Council, Deputy Leader of Council, 1 Cabinet member, Leader and Deputy of the main opposition group and Leaders of any minority political groups.  The current wording could cause an issue if the leader of the largest political group wasn’t Leader or Deputy Leader of the Council.

It was therefore proposed to close the potential loophole by revising potential membership to include:

• Leader of Council
• Deputy Leader of Council
• 1 Cabinet member,
• Leader and Deputy of the main opposition group
• Leaders of any other political groups.

Scheme of Delegation

When determining exceptions to our Flying The Flag policy the Chief Executive was currently required to consult with the Mayor and political group leaders, which would exclude the Leader of the Council.

It was proposed to change this to the Mayor, Leader of the Council and group leaders.

Council Procedure Rules

Currently urgent Committee / Sub-Committee decisions could be taken by the Chief Executive following consultation with:

Chair and Vice Chair if they were from different political groups; or

Chair and Vice Chair, plus main opposition group spokesperson for the Committee / Sub-Committee.

This has ensured that the authority’s urgency process involved consultation with the political groups.  However, this did not take account of Independent Chairs and Vice Chairs, did not allow for the possible formation of new groups and it did not allow for situations where the Council might have, say, a Labour Chair and an Independent Vice Chair, as at least one political group would not be consulted.

It was therefore proposed that the Council Procedure Rules were amended  ...  view the full minutes text for item 46.

To receive the Minutes of the Cabinet meeting held on 16^th March 2022 (attached).

Rules of Debate

·         The Leader of the Council will move the Minutes, the Deputy Leader of the Council will second the Minutes.

·         Non-executive Members will be invited to make comment or ask questions on the Minutes (5 Minutes).

·         Cabinet Members will be invited to make comments and respond to any points raised (5 Minutes).

·         The Leader of the Council will be given up to 15 Minutes to respond and to answer any questions raised.

The minutes of the meeting of Cabinet held on 16^th March 2022 were submitted.

In respect of Minute 295 – Town Centre Investment Plan and Levelling Up Funding Bid Submission, the Leader reminded members of the three key projects within the submission:

• Redevelopment to an area within the Indoor Market Hall and outdoor pavilions along Peel Street.
• Improvements and redevelopment to the properties of 43-59 Blackburn Road / 2-4 Church Street.
• Improvements and redevelopment to the block 61-69 Blackburn Road, commonly known as Burtons Chambers.

Councillor Peter Britcliffe congratulated the Leader for working cross-party with the local MP to develop the Levelling Up proposals and to support progress.  This illustrated the benefits of like-minded people working together.

In connection with Minute 296 – Hyndburn Local Plan, the Leader reported that the plan had now been approved for consultation, which would commence in late summer or early September.  The Local Plan would identify employment and housing land up to 2037.  The document was ambitious and provided a step change, which would support strong financial growth within the Borough.  Councillor Britcliffe reiterated his concern about Blackburn with Darwen’s Local Plan and the impact on Green Belt land on the outskirts of Belthorn.  He asked that any response from the authority be made in the strongest possible terms to prevent further loss of Green Belt land.

Regarding Minute 298 – Capital Report – Outturn 2020/21, the Leader reminded Members that Councillor Plummer’s report had highlighted that this was the fifteenth year that all capital projects had been funded from internal reserves or external grant, rather than from borrowing.  He outlined a number of the capital schemes supported within the programme.  The report had demonstrated strong financial management.  This was a good example of the political parties working collaboratively.

Minute 299 – Museum Accreditation, had demonstrated on-going support for the Haworth Art Gallery.

In respect of Minute 300 – Financial Position Report January 2022, the Leader noted Councillor Plummer’s forecast of a positive variance for the year ending 2022.  Since that report, the variance was anticipated to improve further to give a final underspends figure of around £600k.  This would put the authority in a very strong position and would give the current administration some additional resources from which to consider other programmes.  The Leader hoped to be able to say more about this at the September Council meeting.  Councillor Paul Cox requested that some money be allocated to improving the grass cutting provision, as complaints had be received recently from residents in Milnshaw that the grass was too tall.  The Leader acknowledged that grass cutting was important and agreed to raise this matter with the contractor.  Part of the UK Shared Prosperity Fund allocation was to ‘green up’ the town.  Councillor Parkinson referred to his predecessor who had launched the floral market town initiative, which was well liked, but had been scaled back due to financial constraints.  Individual councillors often still supported green initiatives within their own wards.  However, the Council  ...  view the full minutes text for item 47.

To receive the Minutes of committees, as set out below:

Rules of Debate

·         The Leader of the Council will introduce the Minutes as a whole.

·         Any Member may raise any issue from the Minutes; the Chair of the relevant Committee may respond (5 Minutes).

·         The Leader of the Council will close the debate (5 Minutes).

The Minutes of the following meetings were submitted:

Resolved                                    -    That the Minutes be received and noted.

Report attached.

1)         Live Streaming Council Meetings

The following motion was proposed by Councillor Josh Allen and seconded by Councillor Dominik Allen under Council Procedure Rule A9:-

“That this Council requests the Cabinet to investigate the feasibility of Live Streaming Council Meetings.

As we're all aware, during COVID the Council moved its meetings online via Teams.  Although this was a necessity at the time, the return to in person meetings now means residents don't have the ability to view Council meetings from their own homes.

As we move forward in an age of connectivity and instant access, I think it right that the Council now begin to move into the 21st century and follow what many other councils are already doing, by implementing live streamed meetings.

Not only will this mean residents get to view what goes on during these meetings, something which many did tune in for during COVID, but most importantly, it will bring transparency and help to build trust in what "goes on behind closed doors" at the Council.

We as a Council need to be more accessible and be seen to be working for the residents of this Borough.”

Councillor Josh Allen provided a brief introduction to the motion.  As an aside, he mentioned the threat to personal freedom posed by the recent US Supreme Court decision, which had removed the constitutional right for women to seek an abortion in the US.

In Hyndburn, livestreaming of Council meetings using MS Teams had been introduced temporarily during the pandemic, although this had proved a little difficult at first.  Live streaming was becoming more of a necessity now, as people wanted to see how the Council operated.  Other local public bodies such as Burnley Borough Council and Lancashire County Council, as well as Members of Parliament, already participated in live streaming of meetings.  Access via the internet was crucial for some individuals who were without transport, or who had other mobility issues.  Live streaming would ensure greater transparency and improve public confidence around decision-making.

Councillor Dominik Allen reiterated the need for live streaming, which presented a great opportunity for the Council.  Space in the public gallery was limited and the risks posed by COVID had not disappeared.  Hyndburn was a forward thinking authority and should embrace this opportunity.

Councillors Noordad Aziz, Bernard Dawson, Kate Walsh, Melissa Fisher and Paul Cox all spoke in favour of the motion and raised various issues, including the following:

• The improvements sought would better reflect the digital age;
• The recording of live streamed meetings could also be useful;
• Consideration would need to be given to what content should be included;
• Live streaming meetings could help to reduce journeys and traffic;
• Improved access could support those with learning difficulties or disabilities;
• Live streaming could help to showcase the Council’s planned investment programmes; and
• Live streaming should be one of the Council’s priorities.

The Leader summarised by stating that the Cabinet would be happy to accept the proposal and to look into the issues.  Given that  ...  view the full minutes text for item 49.