THE VALE OF GLAMORGAN COUNCIL

 

 

MINUTES of an extraordinary meeting held on 6th December, 2006.

 

Present:  Councillor N.P. Hodges (Mayor); Councillors Ms. M.E. Alexander, R.J. Bertin, Ms. R.M. Birch, Ms. L. Burnett, Mrs. J.E. Charles, P. Church, Mrs. C.V.L. Clay, J. Clifford, Miss J. Cole, G.A. Cox, R.F. Curtis, A.D. Dobbinson, S.C. Egan, A.M. Ernest, C.P. Franks, N.J. Gibbs, E. Hacker, A.D. Hampton, Mrs. V.M. Hartrey, M.R. Harvey, H.J.W. James, T.H. Jarvie, G. John, F.T. Johnson, Mrs. M. Kelly Owen, G.C. Kemp, Mrs. A.J. Moore, N. Moore, C.L. Osborne, A.G. Powell, Mrs. A.J. Preston, Mrs. M. Randall, A.J. Readman, Mrs. S.I. Sharpe, B.I. Shaw, K.R. Stockdale, J.W. Thomas, W.C. Vaughan, S.T. Wiliam, Mrs. M.R. Wilkinson, A.C. Williams, A.J. Williams, C.J. Williams, E.T. Williams and M.R. Wilson.

 

 

598            APOLOGY FOR ABSENCE -

 

This was received from Councillor Mrs. M.E.J. Birch.

 

 

599            DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

600            NOTICE OF MOTION: REMOVAL OF LEADER -

 

The following Notice of Motion, standing in the names of Councillors S.C. Egan and Mrs M.R. Wilkinson, was discussed by the Council

 

“To remove the Leader of the Council, Councillor Jeffrey James and to elect Councillor Margaret Alexander as Leader of the Council”. 

 

Councillor Egan, in introducing the Notice of Motion, considered that Leader should have already resigned as a result of the vote of no confidence previously taken.  He considered every week that went by under what he considered a discredited administration, as representing further time passing with issues left unresolved.  He reminded Council that it was not just the Leader but the whole of the Cabinet in which the vote of no confidence had been passed.  Councillor Egan felt there to now be an opportunity to move forward under a new administration , with Councillor Ms. Alexander as Leader.  He alluded to her time as Mayor when she had commanded the total respect of all parties and how committed she was in trying to do the best for the electorate.  He felt she would be an ideal Leader, totally committed to tackling injustice and promoting equality.  He referred to the election of a female Leader as being long overdue.

 

Councillor Wilkinson, in seconding the Motion, referred to the Leader as having lost the faith of and, together with the Cabinet, as failing in their duty to, the people of the Vale.  She referred to Councillor Ms. Alexander as well liked and respected, with her commitment to the Council well known and as realising that, with no overall control, she would have to work with other Members in order to make a much needed difference in the way services were provided to the people of the Vale.  She was willing to work in such a manner and was calling on Plaid Cymru and the Independent Group to join Labour in forming a Cabinet. 

 

Councillor A.J. Williams expressed concern regarding the record of the previous Labour administration, and he pointed out that approximately 50% of that administration were currently Members of the Council.  He referred to specific comments made by the District Auditor regarding a “culture of fear” prevailing during the previous Labour administration.  He felt the current administration to have put the Council on a proper footing, regaining public respect and confidence.  He defended and commended the performance of the Leader and referred to excellent reports received from the District Auditor.

 

The Leader expressed sadness regarding the activities of certain members at the last special Council meeting and personal attacks on him made at this meeting.  He indicated that during his time as Leader, he had maintained the confidence of Plaid Cymru.  Therefore, if the Motion was carried, it would either be because he had lost that confidence or, perhaps, that they had chosen to change from one administration to another.  He felt he and his Members had endured with a degree of dignity some very slanderous and personal attacks by members of the Labour Group.  Whilst Social Services was overspent, and had been for some years, every Council in Wales was suffering the same problems.  Action had already been taken to address matters with the Chief Executive required to come up with a way forward by Christmas.  The overspend had already been reduced by £400,000.  No Council could sustain a department overspending at such a rate without it having a detrimental effect on the whole Council and, therefore, whoever was Leader would be faced with the same difficult tasks and tough decisions.  The Leader indicated he had chosen to take the action now underway which he thought to be in the best interests of the Council and the people served.  He had worked tirelessly as Leader of this Council for seven years representing the Council at the highest level - WAG, Welsh Local Government Association/LACORS and in other capacities.  He had occupied a very prominent role in politics in Wales and felt the public would recognise that the Council had made fantastic progress.  As a result he considered it unnecessary to have to defend his performance as Leader.

 

The Leader referred to a lack of positive contributions from the Labour Group regarding addressing the Social Services issues.  The Action Plan had been sent by Cabinet to two Scrutiny Committees.  A successful meeting of Scrutiny Committee (Community Wellbeing and Safety) had taken place in the Memorial Hall, but neither Committee had considered the Action Plan itself in detail.  The Leader also reminded Members it had been he who had asked that the Action Plan also be referred to Audit Committee.

 

Referring to having no regrets and to his colleagues and himself having worked tirelessly for the Council, the Leader indicated that, whatever the outcome of the Notice of Motion, he would continue to work in the best interest of the Council and to represent his ward.  He expressed hope that whoever led the Council had the support of all Members of the Council because if he had enjoyed such support, even more progress could have been made.

 

Councillor Franks also expressed regret regarding personal comments being made at the meeting, and felt that the focus should be on policy and delivery rather than individuals.  The policy of Plaid Cymru for many years had been that, given the hung nature of the Council, an all-party Cabinet was the solution.  This would allow difficult decisions to be taken whilst at the same time protecting the vulnerable in society.  He referred to financial difficulties other than within Social Services, including within Leisure Services and Lifelong Learning.  However, the Council’s achievements also need to be acknowledged.  The Town Hall had opened, excellent school results were being obtained, the new library was almost ready, school exclusions had dramatically reduced, sports buildings had been provided in Penarth and Cadoxton.

 

He felt there to be little support for an all-party solution to the issues.  He referred to reasons why Plaid Cymru could not realistically support either the Labour or Conservative Group alone.  Having supported the Motion of no confidence he referred to the Labour Group as having been given the opportunity of leading the Council and being the voice of the Council on the Welsh Local Government Association and other important bodies.  Whilst understanding the historical antagonism that had existed Councillor Franks felt it to be the time to compromise.  Should the Motion be rejected a Conservative Cabinet would remain.  However, should the Motion be carried, he questioned the sustainability, of a Group of only 16 Members being able to run the Council.  In conclusion he referred to the need for additional funding from WAG.

 

Councillor Bertin felt the Council to be in a major crisis and crying out for a change.  Anger was increasing regarding the proposed major cuts to Social Services.  He felt the current administration to have let the Council down and he urged both the Plaid Cymru Group and Independent Group to support the Motion.

 

Councillor Curtis felt that the Leader should have already resigned, thereby avoiding a need to duplicate much of the debate from the last meeting.  He disputed the entirely negative image of the previous Labour administration portrayed.  He felt the future, not the past, to be the most important issue.  Despite being a critic of Plaid Cymru in the past, Councillor Curtis confirmed his willingness to work in partnership.

 

Councillor Mrs. Kelly Owen outlined her reservation regarding a possible return to the style of the previous Labour administration.  She felt there to have been no solution suggested by the proposers of the Motion.

 

Councillor Wiliam felt that the politics of intimidation had to stop.  He believed that the people of the Vale wanted an all-party Cabinet and that they cared more about service delivery than who delivered them.  He understood there to be people in every Group who were passionate about delivering good Social Services.  He felt that the time to compromise might have arrived.

 

Councillor Ms. Alexander stated she had agreed to the Motion as she felt most strongly that the Conservative Group had given insufficient priority to Social Services.  She felt the new Action Plan drawn up to be a direct result of opposition pressure.  She acknowledged that many difficult decisions would need to be made, likely to affect all sections of the Council.  If fortunate enough to obtain the support of Plaid Cymru and the Independent Group, nothing would be left unturned.  She queried whether Plaid Cymru would assume joint responsibility with the Labour Group and, possibly, with the Independent Group in order to plan a decent future for the vulnerable of the area.  Councillor Alexander referred to being able to offer the services of herself and hardworking team. 

 

In conclusion, she expressed concern regarding a Conservative Group leaflet recently circulated within Llantwit Major.  She disputed aspersions cast against individual members of her Group.  Whilst unhappy with what had happened in the last Labour administration she reminded Members that an independent panel had addressed the matter.

 

Councillor John, in also referring to the above leaflet felt it to have done the Conservatives a lot of damage in Llantwit Major.  He considered there to be a lack of democracy on the Council and the Cabinet system to be the most undemocratic system any Council could have.  He felt there was a lack of communication.   

 

Councillor Gibbs indicated he intended to attempt to be positive.  One of the ways to help Social Services was to work co-operatively with the Local Health Board and other local health bodies.  He considered the Leader’s resignation from the LHB to be disappointing because that indicated the issue was not a top priority.  Whilst feeling able to work with the Independent and Plaid Cymru Groups, he felt the Conservative Group should not be involved, having failed as an administration. 

 

Councillor Gibbs felt that the Leader and Cabinet should, by now, have resigned and that they had shown a disregard for the feelings of the Council.  He felt the Labour Group should acknowledge the need for compromise and embrace a multi-party Cabinet alongside the Plaid Cymru and Independent Groups.

 

Councillor Harvey referred to attacks on the integrity of the Leader and then proceeded to speak in some detail regarding events, and the involvement of certain Members in such events, during the previous Labour administration. 

 

Councillor Readman, whilst supporting the Motion, was uneasy about the Labour party declining to support an all-party Cabinet.  He desired a change of leadership but also an all-party Cabinet.  He referred to previous events as having occurred nine years ago, since when the Council had greatly improved.  However, he considered the Cabinet to have sat on an escalating deficit in the Social Services budget, now topping £5m. and failing to come to grips with it despite extreme unease expressed by the Scrutiny Committees and felt leadership to have been lacking.  Scrutiny Committee recommendations were often treated with apparent contempt and/or merely noted.  Cabinet seemed prepared to accept a report recommending major cuts to the funding of most of the Council’s voluntary sector partners, a proposal which would eventually mean the Council incurring additional expenditure. 

 

Councillor Dobbinson expressed concern regarding earlier remarks made by Councillor Harvey.  He asked Councillor Harvey to reflect on what he had said and to seize the opportunity to withdraw his remarks.  He felt that, clearly, there was a majority of the members of the Council who had lost confidence in the Executive and the Leader of the Council.  As a result, he could not accept a proposal which would re-embrace the same Group in an all-party Cabinet.  The Council had an opportunity to introduce change in its leadership and direction. 

 

Councillor Mrs. Randall felt there to be a need for new political leadership and direction to address the very serious financial problems facing the Council.  Acknowledging the significant progress made under the leadership of Councillor James she felt the Social Services £5.5m. overspend in particular was so serious as to warrant fresh thinking and new ideas at the political executive level.  An all-party Cabinet representing the collective wisdom and different party political viewpoints was much more likely to come up with effective solutions demanding widespread support both inside and outside the Council. 

 

Councillor Hacker spoke in support of the Motion. 

 

Councillor Powell reminded the Leader of the very recent vote of no confidence in him by the Council.  Councillor Powell also alluded to the lack of a female member on the Cabinet.  Again alluding to an earlier point regarding the ability of a group of only 16 Members to run the Council, he pointed out that this was, in fact, only four members less than the Conservative Group.  He felt there could be no effective opposition if the Conservative Group also held places on the Cabinet.

 

Councillor Stockdale stated he regretted the constant references to the past and, in supporting the motion, reminded Members of the need to work for the future. 

 

Councillor N. Moore considered it clear that the Cabinet had lost the confidence of the Council and of the people, especially those most vulnerable.  Alluding to various remarks made against those Labour members who were in the previous administration, he felt none were able to be substantiated.  Councillor Moore also alluded to the role of the independent committee in addressing issues under the previous administration.  In addition, he referred to the District Auditor’s comments at the time regarding Members being given inadequate information on which to make decisions.  He referred to the existence of all-party working groups which had assisted the work of the Cabinet.  Councillor Moore also felt that the attempt to address the current overspend had been galvanised by opposition groups’ pressure.

 

Councillor Kemp referred Members to problems he felt had existed under the previous Labour administration with regard to Social Services and Education expenditure, including the need for redundancies.  He also referred to the Social Services overspend having come to the attention of Scrutiny Committees on many occasions but pointed out that the Committees’ response had often been to merely note the position.  He felt there to have been a lack of constructive advice or suggestion from the Scrutiny Committees.  However, Cabinet had looked at the issue and begun to take action regarding the projected overspends.  He accepted that the Action Plan put forward was not the best and reminded Members that the Chief Executive had been asked to address the matter. 

 

Councillor Johnson felt it was easy for certain Cabinet Members to blame the Scrutiny Committees, but pointed out that the largest single group representation on any Scrutiny Committee was that of the Conservative Group. 

 

In summing up, Councillor Egan pointed out that the additional funding provided to Social Services had been agreed by all Members as an interim measure.  However, Cabinet had subsequently failed to resolve the issue.  He disputed the suggestion that Scrutiny Committees had failed to contribute to the process and quoted specific examples of recommendations to Cabinet.  He referred to the Scrutiny Committee held in the Memorial Hall when the public and representatives of the voluntary organisations provided a first hand account of the difficulties.  If the cuts went ahead, it would cost this Council more to provide certain services than the voluntary sector.  The Labour Group, if part of a new Cabinet, would consult with, and involve local people in addressing the problems faced.  He acknowledged there were no easy answers, but felt that a difference could be made.  New approaches and ideas were needed.  He felt there to be a need for an effective opposition in order for a Cabinet to work efficiently, a role which could be undertaken by the Conservative Party.  He felt there to be an opportunity to make a real difference, by the creation of a partnership with Plaid Cymru and the Independent Group. 

 

Upon request by the required number of members a recorded vote took place in respect of the Motion, with voting taking place as follows and it being

 

RESOLVED - T H A T the Motion be carried.

 

For the Motion

Against the Motion

Abstain

Councillor

Councillor

Councillor

Ms. M.E. Alexander

Mrs. J.E. Charles

C.P. Franks

R.J. Bertin

P. Church

Mrs. V.M. Hartrey

Ms. R.M. Birch

Mrs. C.V.L. Clay

N.P. Hodges

Ms. L. Burnett

J. Clifford

C.J. Williams

Miss. J. Cole

G.A. Cox

 

R.F. Curtis

A.M. Ernest

 

A.D. Dobbinson

A.D. Hampton

 

S.C. Egan

M.R. Harvey

 

N.J. Gibbs

H.J.W. James

 

E. Hacker

T.H. Jarvie

 

G. John

Mrs. M. Kelly Owen

 

F.T. Johnson

G.C. Kemp

 

Mrs. A.J. Moore

C.L. Osborne

 

N. Moore

Mrs. A.J. Preston

 

A.G. Powell

Mrs. S.I. Sharpe

 

Mrs. M. Randall

J.W. Thomas

 

A.J. Readman

W.C. Vaughan

 

B.I. Shaw

A.C. Williams

 

K.R. Stockdale

A.J. Williams

 

Mrs. M.R. Wilkinson

E.T. Williams

 

S.T. Wiliam

 

 

M.R. Wilson

 

 

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20

4

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At this point, it was agreed that a short recess occur prior to consideration of the next item.

 

 

601            NOTICE OF MOTION: FORMATION OF ALL-PARTY CABINET -

 

The following Notice of Motion, standing in the names of Councillor C.P. Franks and B.I. Shaw, was discussed:

 

“That Council calls for an all-party Cabinet to be formed at this meeting”.

 

Councillor Franks, in introducing the Motion, considered it unsustainable that the Labour Group, comprising of 16 Members could manage the Council given the problems faced.  He pointed out that the electorate had not given any party overall control and that both the Conservative and Labour Groups had lost seats at the last election.  He challenged the Labour Group’s ability/willingness to enter into an all-party Cabinet arrangement, but presented the proposal as an opportunity for change.  At this point, Councillor Franks moved an amendment to the Motion so that it read “That an all-party Cabinet be formed”. 

 

The Mayor indicated that given the need to accord with the Constitution, he would accept the amendment.  Councillor Shaw, as seconder, also confirmed his approval.

 

Councillor Shaw, in seconding the Motion, referred to the hung nature of the Council.  He suggested that the electorate were less interested in party rule than in Members working together in their interests. 

 

Councillor Ms. Alexander indicated she looked forward to working with the Plaid Cymru and Independent Groups and referred to the time available prior to the Annual Meeting in 2007 in which to tackle the overspend. 

 

Councillor Curtis believed strongly that an all-party Cabinet had a serious flaw in that it would mean no effective opposition.  He felt it made no sense to have passed a vote of no confidence only to then embrace the Conservative Group in an all-party Cabinet.

 

Councillor Wiliam referred to major difficulties facing the Council from now until the end of the Council’s term in May 2008.  Plaid Cymru was willing to take on the task of rebuilding the Council but he considered an all-party, as opposed to multi-party, Cabinet to be the best option.  He felt there to be a need to acknowledge that there was experience and expertise in every party and that meant a need to draw on the best people from all parties to run the Council successfully.  He felt the Conservative Group had shown great dignity during the debate.

 

Councillor Hartrey indicated she concurred with the sentiments expressed by the previous two speakers.

 

Councillor James expressed his gratitude to that he and his Members had been described as showing dignity.  He trusted that they had done so during the length of their administration.  As to why resignations had not followed the vote of no confidence, he indicated that, to some extent, he had been led to believe that whilst some members were voting for the vote of no confidence, that really was not truly what was felt.  Notwithstanding that, the Council had voted for a change in administration tonight and that change in administration had been on the basis of a vote of no confidence in himself, his Cabinet and party.  Referring to Members of the Labour Group saying they could not work with the Conservative Group on a Cabinet, the same was true in reverse.  The Conservative Group would vote against the Motion because if the decision of Council was that Margaret Alexander be the Leader and the Constitution provided that the Leader select the Cabinet, then the Labour Group should form the administration.  The Conservative Group would go into opposition honourably and would be seeking positions such as Chairmen and Vice-Chairmen of Scrutiny Committees but would not be party to delivering Plaid Cymru’s national policy in the Vale of Glamorgan. 

 

Councillor Bertin felt there to be a need for a meaningful opposition and to being unable to work with a party in whom a vote of confidence had been expressed. 

 

In response to a Member’s query, the Mayor indicated his understanding that under the Constitution, the formation of the Cabinet was a matter for the Leader.  Basically, if the Motion was carried, the Leader would need to decide on the composition of the Cabinet. 

 

The Monitoring Officer confirmed the Constitution provided for the Leader to select the Cabinet.  WAG guidance stated that “the Leader can either choose a single party Cabinet, a Cabinet which reflects the overall political balance of a Council or any other combination as the Leader sees fit”.  If the Motion was carried, and the Leader decided not to form a Cabinet from all parties, then Members might wish to change the Constitution at a future date.

 

In summing up, Councillor Franks referred to the continuing ill feeling between the Labour and Conservative Groups as not helping the clients of Social Services.  He felt there to be a need to pull together to try to resolve the difficulties faced.  Whilst having no confidence in the Conservative Group, he acknowledged they could not just be written off, given the Group comprised 20 Members.  He referred to the two groups working together on other public bodies and on governing bodies. 

 

In conclusion, he alluded to WAG having called for co-operation between Councils and to the risk faced by the Council if partnership working was not embraced. 

 

Upon request by the required number of Members, a recorded vote took place in respect of the amended Motion, with voting taking place as follows and it being

 

RESOLVED - T H A T the Motion be not carried.

 

 

For the Motion

Against the Motion

Abstain

Councillor

Councillor

Councillor

C.P. Franks

Mrs. J.E. Charles

Ms. M.E. Alexander

E. Hacker

P. Church

R.J. Bertin

Mrs. V.M. Hartrey

Mrs. C.V.L. Clay

Ms. R.M. Birch

N.P. Hodges

J. Clifford

Ms. L. Burnett

G. John

Miss. J. Cole

R.F. Curtis

Mrs. M. Randall

G.A. Cox

A.D. Dobbinson

A.J. Readman

A.M. Ernest

S.C. Egan

B.I. Shaw

A.D. Hampton

N.J. Gibbs

K.R. Stockdale

M.R. Harvey

F.T. Johnson

S.T. Wiliam

H.J.W. James

Mrs. A.J. Moore

C.J. Williams

T.H. Jarvie

N. Moore

 

Mrs. M. Kelly Owen

A.C. Powell

 

G.C. Kemp

Mrs. M.R. Wilkinson

 

C.L. Osborne

M.R. Wilson

 

Mrs. A.J. Preston

 

 

Mrs. S.I. Sharpe

 

 

J.W. Thomas

 

 

W.C. Vaughan

 

 

A.C. Williams

 

 

A.J. Williams

 

 

E.T. Williams

 

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21

14

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