Report no: 111/2020

Report No.111/2020 was received from the Monitoring Officer. Councillor Hemsley introduced the report and reminded Members that at Annual Council Members had unanimously voted to agree to count to 26, as one Councillor had not joined a party and remained non-aligned, which was in accordance with the principles of proportionality as set out in sections 15 and 16 of the Local Government and Housing Act 1989. Cllr Hemsley proposed that the Council continue to count to 26 and this was seconded by Councillor Razzell.

Councillor Oxley felt that it was disappointing that the Council wanted to base proportionality on a figure of 26 as previously it had been at the Council’s discretion whether non-aligned members would be allocated committee seats.

Councillor Waller cited section 17 of the LGA Act which allowed Councils to include non-aligned members in their calculations and argued that Members should have been given the opportunity to vote on this proposal at Annual Council. Councillor Waller felt that as a matter of principle, all 27 members should have an equal opportunity to play their full part. Councillor A Brown supported Councillor Waller’s views and felt that voting only to 26 disenfranchised voters.

Councillor Hemsley moved that the Council should continue to vote to 26 and a recorded vote was held.

There voted in favour:

Councillors Baines, Bool, G Brown, Harvey, Hemsley, Lowe, Payne, Razzell, Stephenson, Walters, Wilby (11)

There voted against:

Councillor Ainsley, Begy, Blanksby, A Brown, Burrows, Coleman, Dale, Jones, MacCartney, Oxley, Powell, Waller, Webb (13)

Abstained:

Councillor Fox (1)

The motion therefore fell.

A motion to vote to 27 was then proposed by Councillor Waller and seconded by Councillor Oxley

The Monitoring Officer reminded Members that should there be one vote against a further motion to count to 27 then it would fall as Section 17 of the Local Government and Housing Act 1989 stated that any alternative arrangements to those outlined in sections 15 and 16 could only be passed by a resolution with no member voting against it. The Chairman reiterated this position.

Councillor Lowe commented that he had originally been part of the Independent Group but had resigned because he felt that the group was more of a joint Independent/Liberal Democrat group and he had been subjected to political whipping that would not have allowed him to represent his residents as he wished to do so.

Councillor Lowe did not support voting to 27 even though he was the one who would be disadvantaged; he felt that the motion was politically motivated.

Councillor Oxley, as Leader of the Independent Group refuted what had been said by Councillor Lowe and stated that there was no whip on the Group. The Independent Group had nothing to gain from voting to 27 and it was a purely a matter of principle.

As a relatively new Councillor, Council Harvey commented that whilst she appreciated the passion from fellow Councillors, there was no difference from last year when she had first been elected and there had been a non-aligned member, and queried why this matter was an issue currently.

Councillor Waller stated that she found the remarks from Councillor Lowe offensive as the comments that she had put forward were not done so on any political basis. Councillor Waller had thought long and hard about the issue and had changed her mind as she felt to be fair to the electorate, Members should be enabling every Member to play a full part.

A recorded vote was held.

There voted in favour:

Councillor Ainsley, Begy, Blanksby, A Brown, Burrows, Coleman, Dale, Jones, MacCartney, Oxley, Powell, Waller, and Webb (13)

There voted against:

Councillor Baines, G Brown, Harvey, Hemsley, Lowe, Payne, Razzell, Stephenson, Walters and Wilby (10)

Abstained

Councillors Bool and Fox (2)

Owing to the operation of Section 17 of the Local Government and Housing Act 1989 the vote was lost.

RESOLVED:

That the Council continue to calculate the relevant proportionality using 26 Councillors rather than 27.

Due to the resignation of Councillor Lowe from the Independent Group, Councillor Oxley as Leader of the Group, announced that Councillor Dale would be taking over Councillor Lowe’s seat on the Employment and Appeals Committee.