Agenda and minutes

It was moved and seconded that Councillor David Ireton be elected Chairman of the Council to serve until the Annual General Meeting of the Council in 2024.

The vote was taken and the motion was declared carried with 84 for, none against and no abstentions.

Resolved -

That Councillor David Ireton is elected Chairman of the Council, to serve until the Annual General Meeting of the Council in 2024.

Councillor David Ireton then made his declaration of acceptance of office of Chairman of the Council.

To move that the Minutes of the Quarterly meeting of the County Council held on 22 February 2023 and on 24 February 2023, having been printed and circulated, be taken as read and be confirmed and signed by the Chairman as a correct record.

It was moved and seconded that the Minutes of the meeting of the County Council held on 22 February 2023 which was adjourned and then reconvened on 24 February 2023, having been printed and circulated, are confirmed and signed by the Chairman as a correct record.

The vote was taken and the motion was declared carried with 84 for, none against and no abstentions.

Apologies for absence were received from Councillors John Cattanach, Liz Colling, Steve Shaw-Wright, Andy Solloway and David Whitfield.

It was moved and seconded that Councillor Roberta Swiers be elected Vice-Chairman of the Council, to serve until the Annual General Meeting of the North Yorkshire Council in 2024.

The vote was taken and the motion was declared carried with 84 for, none against and no abstentions.

Resolved -

That Councillor Roberta Swiers is elected Vice-Chairman of the Council, to serve until the Annual General Meeting of the Council in 2024.

Councillor Roberta Swiers then made her declaration of acceptance of office of Vice-Chairman of the Council and thanked the Council for her appointment.

Declarations of Interest were made as follows: 

Councillor Karl Arthur regarding Minute 12(a).

Councillors Joy Andrews, Lindsey Burr, Caroline Goodrick and Steve Mason regarding Minute 8.

Councillor Keane Duncan regarding Minute 8.

Councillor Yvonne Peacock regarding Minute 12.

Any correspondence, communication or other business brought forward by the direction of the Chairman of the Council.

The Chair welcomed the Honorary Aldermen and members of the public and press who were present.

The Chair informed Members of the usual arrangements for the meeting.

The Chair informed Members that there were two Notices of Motion on the agenda and requests had been received that these be debated at the meeting.  The Chair was required to give a ruling on whether to follow the normal procedure of referring these to the relevant committee or whether they should be debated at the meeting.  The Chair considered that that Motion relating to Crustacean die-off be debated, and the Motion relating to the Police, Fire and Crime Commissioner be referred to the Corporate and Partnerships Overview and Scrutiny Committee. 

The Chair reminded Members that when considering Notices of Motion a Member can move that the motion can be put now and one Member can speak for five minutes for that Motion and one Member can speak for five minutes against. Should the motion on the Police Fire and Crime Commissioner be referred to the Corporate and Partnerships Overview and Scrutiny Committee then it would be moved and seconded without comment.

The death of former County Councillor David Billing was noted.  David was a County Councillor from 1985 to 2009 and then from 2013 to 2017 and he was also a Scarborough Borough Councillor.

A minute’s silence was held in memory of the former County Councillor.

Councillor Carl Les made a statement and answered questions under Council Procedure Rule 2.3 as Leader of the Council, a summary of the key points of which had previously been circulated and which appearedat pages 31 and 32 of the agenda pack in the Minute Book (pages 25 to 26)

Members of the public may ask questions or make statements at this meeting if they have given notice and provided the text to Barry Khan, Assistant Chief Executive Legal and Democratic Services – email: barry.khan@northyorks.gov.uk or in writing to Barry Khan, Assistant Chief Executive Legal and Democratic Services, County Hall, Northallerton DL7 8AD by midday on Friday, 12 May 2023.  Each speaker should limit themselves to 3 minutes on any item.

If you are exercising your right to speak at this meeting, but do not wish to be recorded, please inform the Chairman who will instruct anyone who may be taking a recording to cease while you speak.

There were nine public questions, as follows:

The following public statement was submitted by John Plummer and read out at the meeting:

How does the council intend to boost the poor levels of public participation in elections in North Yorkshire without introducing proportional voting?  Surely the creation of the new council is an ideal moment to take positive action?

The following public question was read out by Rosemary Livingstone

I am Rosemary Livingstone, a retired GP from Ripon and I am speaking in favour of the Motion before you, requesting that the North Yorkshire County Council writes to the Government urging it to adopt Proportional Representation for General, Mayoral and Local Elections.  (Thank you for letting me speak).

We British like to think we live in a democracy but actually very few MPs are elected with more that half of the total votes cast. In General Elections between 2001 and 19 the share of the vote in all of the individual constituencies for the party that eventually formed the Government varied between 35 and 44%. So the majority of people who vote in elections do not get what they want.

We therefore get voter apathy and disillusionment. 35% of people do not bother to vote. In recent canvassing, the commonest reason given for this was that it would not make a jot of difference to the result. This is not good for our democratic process.

I feel very sad that in this, our 21st century democracy so many people feel disenfranchised and indeed are disenfranchised by our First Past the Post System. It leads to disillusionment, a lack of trust in both politicians and the political process and that then leads to a lack of trust in all our institutions and contributes to the feeling so many people have, which is that nobody really cares about them or their problems and they are not heard.

We could do much better.

We had coalition governments during both the First and Second World wars because it was thought that in those awful times, consensual government would be more effective and would serve the country better. Proportional Representation could achieve this today.

If you won’t listen to me, what about listening to a Conservative Councillor, Emma Best, a London-wide member of the London Assembly who, on the Conservative at Home website states:

“The Conservative Party is at risk of making a historic error. While the melodrama of the last year has left the party preoccupied with avoiding defeat at the next election, it is failing to grapple with an issue that could determine its fortunes far beyond 2024: the end of First Past the Post (FPTP)”.

She recognises that PR is coming and says:

“I am deeply concerned that we do not have a thought-out or well-argued position on what could be the most significant change to our political system in recent memory”.

I am concerned that we need PR now and we need you, as our representatives here in North Yorkshire to  ...  view the full minutes text for item 8.

·                     Implications of TUPE

·                     Local Area SEND Strategy Adoption

·                     Response to DEFRA – Food Waste Collections in North Yorkshire

Implications of TUPE

The recommendation at pages 35 and 36 of the agenda pack (page 30 of the Minute Book) was moved and seconded. The confidential appendix to the report that went to the Executive on 2 May 2023 was circulated to Members in advance of the meeting, upon request.

A vote was taken and the motion was declared carried with 83 for, none against and 1 abstention.

Resolved -

That Council approves the estimated costs, as detailed in paragraph 6.1 of the report, as they are over £100,000.

Local Area SEND Strategy Adoption

The recommendation at page 35 of the agenda pack (page 29 of the Minute Book) was moved and seconded.

A vote was taken and the motion was declared carried with 84 for, none against and no abstentions.

Resolved -

That the Local Area Special Educational Needs and Disabilities Strategy be formally approved and adopted.

Waste Collections – Separate Collection of Food Waste

The recommendations at page 36 of the agenda pack (page 30 of the Minute Book) was moved and seconded.

It was moved that separate votes be taken on each of the two recommendations and the Chair agreed.

Separate votes were taken and it was

Resolved –

1.    To accept the DEFRA transitional arrangement to implement separately collected food waste across North Yorkshire from 1 February 2043;

(The recommendation was declared carried with 63 for, 18 against and 3 abstentions)

2.    To explore options for NYC to implement separately collected food waste at an earlier implementation date and to engage with DEFRA and Government to ensure that an earlier implementation date does not negatively affect our eligibility for funding.

(The recommendation was declared carried with 84 for, none against and no abstentions)

The recommendations at page 40 of the agenda pack (page 34 of the Minute Book) were moved and seconded.

A vote was taken and the motion was declared carried with 84 for, none against and no abstentions.

Resolved –

1.    That the seat allocation on the Police, Fire and Crime Panel (PFC Panel) be agreed as seven (7) seats for North Yorkshire Council and three (3) seats for City of York Council;

2.    That a substitute Member Scheme is implemented for the PFC Panel, as outlined in Appendix A, and adopted within the Panel’s Arrangements;

3.    That the PFC Panel has one Vice Chair appointment, to be appointed by the Panel in July 2023 and annually thereafter;

4.    That the Monitoring Officer be authorised to make any consequential amendments to the North Yorkshire Council Constitution.

The recommendations at page 44 of the agenda pack (page 38 of the Minute Book) were moved and seconded.

On a vote being taken on appointments to the Police, Fire and Crime Panel, the recommendation was declared carried with 84 for, none against and no abstentions.

There were two nominations for the role of Member Champion for Climate Change, Councillors Paul Haslam and Arnold Warneken.

It was moved and seconded that both Councillors be selected to carry out the role jointly.  On a vote being taken the motion fell with 40 votes for the motion, 43 against and there was 1 abstention.

A vote was taken on a single nomination and there were 43 votes for Councillor Paul Haslam, 38 votes for Councillor Arnold Warneken and 3 abstentions.  The Chair declared that Councillor Paul Haslam was appointed.

On a vote being taken on appointments to the Health and Wellbeing Board for North Yorkshire, the recommendation was declared carried with 84 for, none against and no abstentions.

There were two nominations for the role of Vice-Chair for the Transition (LGR) Overview and Scrutiny Committee, Councillors Bryn Griffiths and Stuart Parsons.

On a vote being taken there were 27 votes for Councillor Bryn Griffiths and 5 votes for Councillor Stuart Parsons.

The Chair declared that Councillor Bryn Griffiths was appointed.

A standards issue was raised in relation to the vote on the motion that the Member Champion for Climate Change role be carried out jointly. The issue was addressed later in the meeting.

Resolved -

That Council:

1.      Appoints to the Police, Fire and Crime Panel for North Yorkshire and York:

2.    Appoints a Member Champion for Climate Change - Councillor Paul Haslam;

3.    Appoints to the Health and Wellbeing Board for North Yorkshire – the Executive Member for North Yorkshire Council with responsibility for Housing and Leisure and the Corporate Director for Community Development, North Yorkshire Council;

4.    Appoints a Vice-Chair for the Transition (LGR) Overview and Scrutiny Committee – Councillor Bryn Griffiths

5.    Notes the following changes to Committee membership notified by the Conservative group:

Richmond Area Constituency Planning Committee – Councillor Caroline Dickinson to be removed and Councillor Angus Thompson to be appointed in her place.

Scrutiny of Health Committee – Councillor Paul Haslam to be removed and Councillor Nick Brown to be appointed in his place.

Pension Fund Committee – Councillor Carl Les to be removed and Councillor Mark Crane to be appointed in his place.

6.    Notes the following changes to Committee membership notified by the Labour group:

Transport, Economy, Environment and Enterprise Overview and Scrutiny Committee – Councillors Bob Packham to be removed and Councillor Subash Sharma to be appointed in his place.  Councillor Melanie Davis to be appointed as Vice-Chair of the Committee.

At 12:45 pm the  ...  view the full minutes text for item 11.

Statements of Executive Members, in the order set out below, followed by the Statements of the Chairmen of the Overview and Scrutiny Committees

Councillor Keane Duncan, Executive Member for Highways and Transportation, made a statement and answered questions.  A summary of the key points of which had previously been circulated and which appeared at pages 45 – 46 of the agenda pack and which appears in the Minute Book (pages 39 to 40).

Councillor Michael Harrison, Executive Member for Health and Adult Services, made a statement and answered questions.  A summary of the key points of which had previously been circulated and which appeared at pages 47 - 48 of the agenda pack and which appears in the Minute Book (pages 41 to 42).

Councillor Simon Myers, Executive Member for Culture, Arts and Housing, made a statement.  A summary of the key points of which had previously been circulated and which appeared at pages 49 - 52 of the agenda pack and which appears in the Minute Book (page 43 to 46).

Councillor Janet Sanderson, Executive Member for Children and Families, made a statement, a summary of the key points of which had previously been circulated and which appeared at pages 53 – 56 of the agenda pack and which appears in the Minute Book (pages 47 to 49).

Councillor Greg White, Executive Member for Managing our Environment, made a statement and answered questions.  A summary of the key points of which had previously been circulated and which appeared at pages 57 - 60 of the agenda pack and which appears in the Minute Book (pages 51 to 53).

Councillor Annabel Wilkinson, Executive Member for Education, Learning and Skills, answered questions. A summary of the key points of which had previously been circulated and which appeared at pages 61 – 64 of the agenda pack and which appears in the Minute Book (pages 55 to 57).

Councillor Gareth Dadd, Executive Member for Finance and Resources, made a statement and answered questions.  A summary of the key points of which had previously been circulated and which appeared at pages 65 - 66 of the agenda pack and which appears in the Minute Book (page 59 to 60).

Councillor Derek Bastiman, Executive Member for Open to Business, answered questions. A summary of the key points of which had previously been circulated and which appeared at pages 67 - 72 of the agenda pack and which appears in the Minute Book (pages 61 to 65).

Councillor David Chance, Executive Member for Corporate Services, made a statement and answered questions.  A summary of the key points of which had previously been circulated and which appeared at pages 73 – 78 of the agenda pack and in the Minute Book (pages 67 to 71).

The written statement of Councillor Karin Sedgwick having previously been circulated and which appeared at pages 79 – 80 of the agenda pack and which appears in the Minute Book (page 73), was noted.  The Chair of the Scrutiny Board then answered questions.

The written statement of Councillor David Staveley having previously been circulated and which appeared at pages 81 – 82 of the agenda pack and which appears in the Minute Book (pages 75 to 76), was noted.

The written statement of Councillor Barbara Brodigan having previously been circulated and which appeared at pages 83 - 84 of the agenda pack and which appears in the Minute Book (pages 77 to 78), was noted.  The Chair of the Children and Families Overview and Scrutiny Committee then answered questions.

The written statement of Councillor Malcolm Taylor having previously been circulated and which appeared at pages 85 - 86 of the agenda pack and which appears in the Minute Book (page 79), was noted.  The Chair of the Transition (LGR) Overview and Scrutiny Committee then answered questions.

The written statement of Councillor Karin Sedgwick having previously been circulated and which appeared at pages 87 - 90 of the agenda pack and which appears in the Minute Book (pages 81 to 84), was noted. 

The written statement of Councillor David Ireton having previously been circulated and which appeared at pages 91 – 92 of the agenda pack and which appears in the Minute Book (page 85), was noted.

The written statement of Councillor Andrew Lee having previously been circulated and which appeared at pages 93 - 96 of the agenda pack and which appears in the Minute Book (pages 87 to 89), was noted.  The Chair of the Scrutiny of Health Committee then answered questions.

(1)        Crustation Die-Off Events along the North Yorkshire and Cleveland Coast since October 2021

This Council notes with concern:

1.         the unexplained die-offs and wash-ups of crabs, lobsters, prawns, clams, scallops, mussels and some species of fish along the North Yorkshire and Cleveland coast since October 2021

2.         the significant reduction in the catches of edible crabs and other crustaceans, as reported by the North East fishing communities

3.         claims that recent capital dredging in the Tees estuary has resulted in the disposal of contaminated sediment at sea

4.         DEFRA’s failure to provide a conclusive scientific explanation for these die-off events or to set out a plan for research and action to avoid future recurrences.

Therefore, this Council calls on the Secretary of State for Environment, Food and Rural Affairs to convene a Public Enquiry with powers to compel testimony and the release of all forms of evidence in order to address public concern about this issue.

Proposer – Councillor Neil Swannick

Seconder – Councillor Bryn Griffiths

The Proposer and Seconder have requested that the matter be debated on the day of Council and not referred to the Executive or relevant committee.  The reason for this is that “the issue of crustacean die off is a serious issue with devastating consequences for the socio-economic and environmental future of the east coast. The need for a public enquiry is the obvious next step. The support of NYC will be pivotal in discovering the reason for the die off and subsequent recovery of the socio-economic vitality of the east coast”.

(2)        Call for Police Fire & Crime Commissioner to resign

North Yorkshire Council has serious concerns about the performance of the current Police, Fire, and Crime Commissioner, as evidenced by the two recent reports published by His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services.

The council therefore calls for the Commissioner to resign with immediate effect.

Proposed by Cllr. Bryn Griffiths

Seconded by Cllr. Mike Schofield

The Proposer and Seconder have requested that the matter be debated on the day of Council and not referred to the Executive or relevant committee.  The reason for this is that: 

His Majesty’s Inspectorate of Constabulary and Fire & Rescue Services (HMICFRS) published two reports on the performance on North Yorkshire’s Police.

The first was published on 17^th March regarding the Police Effectiveness, Efficiency, Legitimacy: PEEL 2021/22 – An inspection of North Yorkshire Police.

It graded North Yorkshire Police’s performance across eight areas of policing and found the force was ‘inadequate’ in one area, ‘requires improvement’ in four areas, ‘adequate’ in two areas and ‘good’ in one area. The strapline was “North Yorkshire must make improvements to help keep people safe and reduce crime”.

The second report was published on 3^rd May, entitled “North Yorkshire – National child protection inspection post-inspection review”. This inspection reviewed the progress made by North Yorkshire Police since the publication of the last report for North Yorkshire in 2021. HMICFR had audited 33 child protection cases -  ...  view the full agenda text for item 13.

The Chair, Councillor David Ireton, advised that two Notices of Motion had been submitted.  The Proposer and Seconder of each of the motions had requested that each of the matters be debated on the day of Council and not referred to the Executive or relevant Committee, for the reasons given on page 5 of the agenda pack.  The Chair confirmed that he had determined that the Motion relating to Crustacean Die-off be debated at the meeting.

Crustacean Die-Off Events along the North Yorkshire and Cleveland Coast since October 2021

The Notice of Motion was moved by Councillor Neil Swannick and seconded by Councillor Bryn Griffiths.

The motion was then debated.  An amendment to the motion was moved by Councillor George Jabbour and seconded by Councillor Paul Haslam.

The Chairman adjourned the meeting at 3:18 pm to enable the proposers and seconders of the motions to agree upon revised wording.

The meeting was re-convened at 3:36 pm.

The amendment was then debated and an amendment to the amendment was then moved by Councillor Bryn Griffiths and seconded by Councillor Neil Swannick and this was accepted by the mover of the amendment.

A named vote was requested and over 20 Members stood to request the named vote.  The motion was declared carried with 49 votes for, 27 against and 1 abstention.

For: Councillors Karl Arthur, Alyson Baker, Derek Bastiman, Nick Brown, David Chance, Mark Crane, Gareth Dadd, Caroline Dickinson, Michelle Donohue-Moncrieff, Keane Duncan, Richard Foster, Sam Gibbs, Caroline Goodrick, Tim Grogan, Paul Haslam, Robert Heseltine, Nathan Hull, David Ireton, George Jabbour, David Jeffels, Janet Jefferson, Tom Jones, Mike Jordan, Nigel Knapton, Andrew Lee, Carl Les, Cliff Lunn, John Mann, Heather Moorhouse, Simon Myers, Andy Paraskos, Stuart Parsons, Yvonne Peacock, Clive Pearson, Heather Phillips, Kirsty Poskitt, Janet Sanderson, Karin Sedgwick, David Staveley, Roberta Swiers, Malcolm Taylor, Angus Thompson, Phil Trumper, Steve Watson, David Webster, John Weighell OBE, Greg White, Annabel Wilkinson, and Robert Windass.

Against: Councillors Chris Aldred, Philip Broadbank, Eric Broadbent, Barbara Brodigan, Lindsay Burr MBE, Sam Cross, Felicity Cunliffe-Lister, Melanie Davis, Stephanie Duckett, Kevin Foster, Hannah Gostlow, Bryn Griffiths, Peter Lacey, Pat Marsh, Steve Mason, Rich Maw, Andrew Murday, David Noland, Bob Packham, Jack Proud, John Ritchie, Mike Schofield, Subash Sharma, Monika Slater, Neil Swannick, Matt Walker and Arnold Warneken.

Abstentions: Councillor Andy Brown.

On a vote being taken on the substantive motion the Chair declared the motion carried.

Resolved -

This Council notes with concern:

1. the unexplained die-offs and wash-ups of crabs, lobsters, prawns, clams, scallops, mussels and some species of fish along the North Yorkshire and Cleveland coast since October 2021 and the long time that it could take to rebuild marine life and crustacean stocks

2. the significant reduction in the catches of edible crabs and other crustaceans, as reported by the North East fishing communities and the impact that this has had on local people and  ...  view the full minutes text for item 13.

Council were requested to consider the recommendation of the Executive following consideration of a Notice of Motion which had been referred to it by County Council at its meeting held on 16 November 2022.  The original motion that was to be debated is as detailed below.

“Council resolves to write to H.M. Government calling for a change in our outdated electoral laws to enable Proportional Representation to be used for General, Local and Mayoral elections.

First Past the Post (FPTP) originated when land-owning aristocrats dominated parliament and voting was restricted to property-owning men.

In Europe, only the UK and authoritarian Belarus still use archaic single round FPTP for general elections. Meanwhile, internationally, Proportional Representation (PR) is used to elect parliaments in more than 80 countries. Those countries tend to be more equal, freer and greener.

PR ensures all votes count, have equal value, and those seats won, match votes cast. Under PR, MPs and Parliaments better reflect the age, gender and protected characteristics of local communities and the nation. MPs & Councillors better reflecting their communities leads to improved decision-making, wider participation and increased levels of ownership of decisions taken.

PR would also end minority rule. In 2019, 43.6% of the vote produced a government with 56.2% of the seats and 100% of the power. PR also prevents ‘wrong winner’ elections such as occurred in 1951 and February 1974.

PR is already used to elect the parliaments and assemblies of Scotland, Wales and Northern Ireland. So why not Westminster & Local Government here in North Yorkshire.”

Proposer – Councillor Chris Aldred                               Seconder – Councillor Andy Brown

The motion was moved by Councillor Chris Aldred and Seconded by Councillor Andy Brown.

The motion was debated. 

A named vote was requested and over 20 Members stood to request the named vote. 

The motion fell with 30 votes for, 45 against and 1 abstention.

For: Councillors Chris Aldred, Philip Broadbank, Eric Broadbent, Barbara Brodigan, Andy Brown, Lindsay Burr MBE, , Felicity Cunliffe-Lister, Melanie Davis, Michelle Donohue-Moncrieff, Stephanie Duckett, Kevin Foster, Hannah Gostlow, Bryn Griffiths, Peter Lacey, Pat Marsh, Steve Mason, Rich Maw, Andrew Murday, David Noland, Bob Packham, Stuart Parsons, Kirsty Poskitt, Jack Proud, John Ritchie, Mike Schofield, Subash Sharma, Monika Slater, Neil Swannick, Matt Walker and Arnold Warneken.

Against: Councillors Karl Arthur, Alyson Baker, Derek Bastiman, Nick Brown, David Chance, Mark Crane, Gareth Dadd, Caroline Dickinson, Keane Duncan, Richard Foster, Sam Gibbs, Caroline Goodrick, Tim Grogan, Paul Haslam, Robert Heseltine, Nathan Hull, David Ireton, George Jabbour, David Jeffels, Tom Jones, Mike Jordan, Nigel Knapton, Andrew Lee, Carl Les, Cliff Lunn, John Mann, Heather Moorhouse, Simon Myers, Andy Paraskos, Yvonne Peacock, Clive Pearson, Heather Phillips, Janet Sanderson, Karin Sedgwick, David Staveley, Roberta Swiers, Malcolm Taylor, Angus Thompson, Phil Trumper, Steve Watson, David Webster, John Weighell OBE, Greg White, Annabel Wilkinson, and Robert Windass.

Abstentions: Sam Cross

The recommendations at page 110 of the agenda pack were moved and seconded

Resolved –

That the consequential amendments to the Constitution set out in Appendix 1 to the report, made by the Assistant Chief Executive (Legal and Democratic Services) under his specific delegated powers, be noted.

The report on the Use of Special Urgency Procedures since the last meeting of the Council on 22 and 24 February 2023 was considered and the recommendation at page 129 of the agenda pack (page 122 of the Minute Book) was moved and seconded.

Resolved –

That the report on the Use of Special Urgency Procedures since the last meeting of the County Council in February 2023, be noted.

There were no Council Procedure Rule 10 questions.

The meeting ended at 4.30 pm