Agenda item

Notice of Motion Regarding "Consulting the Public " - Given By Councillor Ian Auckland And To Be Seconded By Councillor Mohammed Mahroof

That this Council:-

 

(a)       notes the request of the Economic and Environmental Wellbeing Scrutiny and Policy Development Committee that the consultation period in respect of proposals for a clean air zone be extended beyond August, was declined by the Cabinet Member;

 

(b)       in contrast, welcomes the decision of Mayor Dan Jarvis to extend the period for consultation in respect of Bus Services, particularly noting yet another round of damaging service reductions taking place with effect from 1st September, and would urge especially passengers finding their service have disappeared, to make their opinions plain;

 

(c)        repeats the call (last made by the Liberal Democrat Group at the Council meeting in February 2019) for the Council to give notice to terminate the Sheffield Bus Partnership Agreement, as improved bus services will be an essential requirement if the Council is to secure cleaner, greener, safer travel, reducing the number of cars on the road and encouraging cycling and walking;

 

(d)       deplores the fact that the opportunities for involvement in decision making by citizens and Members have been much reduced by the current Administration;

 

(e)       accepts that it is not possible to be exactly prescriptive with regard to the time period for consultation exercises, but agrees that major consultations require a minimum period of 8 weeks and that 12 weeks should be considered desirable, in the interest of Truth, Trust, and Transparency;

 

(f)        declares that for the purposes of calculating the desired period for public consultation, the month(s) of August and the Christmas and New Year period, be disregarded;

 

(g)       further notes that Part 2 Article 3 of the Constitution of the Council "Citizens and the Council" makes no reference to the Right of Citizens to be consulted, and the Council duty to consult;

 

(h)       notes that the duty to consult may be prescribed by legislation specifically, or generally under Section 149 of the Equalities Act 2010, or from the common law duty of a public authority to act fairly, and the public law principle of legitimate expectation; and

 

(i)         calls on the Director of Legal and Governance to bring forward proposals to incorporate a "Citizens Right to be consulted" in Article 3, and address the other provisions in this Motion.

 

 

Minutes:

7.1

It was moved by Councillor Ian Auckland, and seconded by Councillor Mohammed Maroof, that this Council:-

 

 

 

(a)       notes the request of the Economic and Environmental Wellbeing Scrutiny and Policy Development Committee that the consultation period in respect of proposals for a clean air zone be extended beyond August, was declined by the Cabinet Member;

 

 

 

(b)       in contrast, welcomes the decision of Mayor Dan Jarvis to extend the period for consultation in respect of Bus Services, particularly noting yet another round of damaging service reductions taking place with effect from 1st September, and would urge especially passengers finding their service have disappeared, to make their opinions plain;

 

 

 

(c)        repeats the call (last made by the Liberal Democrat Group at the Council meeting in February 2019) for the Council to give notice to terminate the Sheffield Bus Partnership Agreement, as improved bus services will be an essential requirement if the Council is to secure cleaner, greener, safer travel, reducing the number of cars on the road and encouraging cycling and walking;

 

 

 

(d)       deplores the fact that the opportunities for involvement in decision making by citizens and Members have been much reduced by the current Administration;

 

(e)       accepts that it is not possible to be exactly prescriptive with regard to the time period for consultation exercises, but agrees that major consultations require a minimum period of 8 weeks and that 12 weeks should be considered desirable, in the interest of Truth, Trust, and Transparency;

 

 

 

(f)        declares that for the purposes of calculating the desired period for public consultation, the month(s) of August and the Christmas and New Year period, be disregarded;

 

(g)       further notes that Part 2 Article 3 of the Constitution of the Council "Citizens and the Council" makes no reference to the Right of Citizens to be consulted, and the Council duty to consult;

 

 

 

(h)       notes that the duty to consult may be prescribed by legislation specifically, or be necessary to meet the requirements of Section 149 of the Equalities Act 2010, or from the common law duty of a public authority to act fairly, and the public law principle of legitimate expectation; and

 

 

 

(i)         calls on the Director of Legal and Governance to bring forward proposals to incorporate a "Citizens Right to be consulted" in Article 3, and address the other provisions in this Motion.

 

 

7.1.1

(NOTE: With the agreement of the Council and at the request of the mover of the Motion (Councillor Ian Auckland), the Motion as published on the agenda, was altered by the substitution of the words “be necessary to meet the requirements of” for the words “generally under” in the 2nd line in paragraph (h).)

 

 

7.2

Whereupon, it was moved by Councillor Bob Johnson, and seconded by Councillor Mark Jones, as an amendment, that the Motion now submitted be amended by the deletion of all the words after the words “That this Council”, and the addition of the following words:-

 

 

 

(a)       notes the success of recent Clean Air Zone consultation, with nearly 12,000 Sheffield residents and businesses having their say, with more people responding than in similar consultations held in Leeds and Birmingham about how to significantly reduce levels of nitrogen dioxide in the air;

 

(b)       believes it is imperative that action is taken to improve air quality in the city and welcomes the proposals brought forward for a Clean Air Zone;

 

(c)        disagrees with the comments of Councillor Shaffaq Mohammed MEP that the Clean Air Zone is a ‘bonkers idea’;

 

(d)       notes that Sheffield City Council is seeking £50m of Government support to help drivers upgrade their vehicles and the Council wants to work with taxi and van drivers, as well as every other fleet of vehicle affected, to encourage this, and only the most polluting taxis, buses, vans, coaches and Heavy Goods Vehicles (HGVs) will be affected;

 

(e)       reconfirms it is the policy of this Council to support reregulation of the buses and that this should be enacted by Sheffield City Region; and

 

 

 

(f)        believes that the number of responses generated by the Clean Air Zone consultation and the forthcoming citizens assembly demonstrate positive recent examples of consultation, engagement and involvement, however, believes it is important to continue to look at any potential improvements that can be made and asks that the Council’s consultation processes be considered in the review of Council governance resulting from the outcome of the petition debate at the July Full Council meeting.

 

 

7.3

It was then moved by Councillor Douglas Johnson, and formally seconded by Councillor Paul Turpin, as an amendment, that the Motion now submitted be amended by the addition of new paragraphs (e) to (h) as follows, and the re-lettering of original paragraphs (e) to (i) as new paragraphs (i) to (m):-

 

 

 

(e)       recalls, however, that the opportunity for all councillors to propose motions on this agenda was severely curtailed by changes to the constitution that both the larger parties voted for;

 

(f)        believes that, far too often, this Administration offers presentation not consultation;

 

(g)       is disappointed when petitions carrying thousands of names are ignored by the Administration;

 

(h)       welcomes the 26,000 signatures on the It’s Our City petition and looks forward to proposals on proper consultation on a new committee system;

 

 

7.4

It was then formally moved by Councillor Colin Ross, and formally seconded by Councillor Roger Davison, as an amendment, that the Motion now submitted be amended by the addition of new paragraphs (j) to (l) as follows:-

 

 

 

(j)         condemns yet another round of bus cuts just implemented, leaving too many areas of the city without an adequate service or indeed without any service;

 

(k)        believes that a cleaner greener bus service that goes where people want to go, at an affordable price, is the basis for a welcoming and environmentally friendly city of the future; and

 

(l)         calls upon the Cabinet to ensure that Sheffield people have a bus service fit for purpose now and in the future.

 

 

7.5

Following a right of reply from Councillor Ian Auckland, the amendment moved by Councillor Bob Johnson was put to the vote and was carried.

 

 

7.6

The amendment moved by Councillor Douglas Johnson was then put to the vote and was negatived, except for paragraph (h) of the amendment, which was carried on the basis that it was to be an additional paragraph to the Substantive Motion.

 

 

7.6.1

(NOTE: The Deputy Lord Mayor (Councillor Gail Smith) and Councillors Simon Clement-Jones, Bob Pullin, Richard Shaw, Bob McCann, Tim Huggan, Mohammed Mahroof, Joe Otten, Colin Ross, Martin Smith, Vic Bowden, Roger Davison, Barbara Masters, Sue Alston, Andrew Sangar, Cliff Woodcraft, Ian Auckland, Sue Auckland, Steve Ayris, Kevin Oxley, Penny Baker, Vickie Priestley, Alan Hooper and Mike Levery voted for paragraphs (g) and (h), and voted against paragraphs (e) and (f) of the amendment, and asked for this to be recorded.)

 

 

7.7

The amendment moved by Councillor Colin Ross was then put to the vote and was carried, except for paragraph (l) of the amendment, which was negatived.

 

 

7.8

The original Motion, as amended, was then put as a Substantive Motion in the following form and carried:-

 

 

 

RESOLVED: That this Council:-

 

 

 

(a)       notes the success of recent Clean Air Zone consultation, with nearly 12,000 Sheffield residents and businesses having their say, with more people responding than in similar consultations held in Leeds and Birmingham about how to significantly reduce levels of nitrogen dioxide in the air;

 

(b)       believes it is imperative that action is taken to improve air quality in the city and welcomes the proposals brought forward for a Clean Air Zone;

 

(c)        disagrees with the comments of Councillor Shaffaq Mohammed MEP that the Clean Air Zone is a ‘bonkers idea’;

 

 

 

(d)       notes that Sheffield City Council is seeking £50m of Government support to help drivers upgrade their vehicles and the Council wants to work with taxi and van drivers, as well as every other fleet of vehicle affected, to encourage this, and only the most polluting taxis, buses, vans, coaches and Heavy Goods Vehicles (HGVs) will be affected;

 

(e)       reconfirms it is the policy of this Council to support reregulation of the buses and that this should be enacted by Sheffield City Region;

 

 

 

(f)        believes that the number of responses generated by the Clean Air Zone consultation and the forthcoming citizens assembly demonstrate positive recent examples of consultation, engagement and involvement, however, believes it is important to continue to look at any potential improvements that can be made and asks that the Council’s consultation processes be considered in the review of Council governance resulting from the outcome of the petition debate at the July Full Council meeting;

 

 

 

(g)       welcomes the 26,000 signatures on the It’s Our City petition and looks forward to proposals on proper consultation on a new committee system;

 

(h)       condemns yet another round of bus cuts just implemented, leaving too many areas of the city without an adequate service or indeed without any service; and

 

(i)         believes that a cleaner greener bus service that goes where people want to go, at an affordable price, is the basis for a welcoming and environmentally friendly city of the future.

 

 

 

 

7.8.1

(NOTE: 1. The Deputy Lord Mayor (Councillor Gail Smith) and Councillors Simon Clement-Jones, Bob Pullin, Richard Shaw, Bob McCann, Tim Huggan, Mohammed Mahroof, Joe Otten, Colin Ross, Martin Smith, Vic Bowden, Roger Davison, Barbara Masters, Sue Alston, Andrew Sangar, Cliff Woodcraft, Ian Auckland, Sue Auckland, Steve Ayris, Kevin Oxley, Penny Baker, Vickie Priestley, Alan Hooper and Mike Levery voted for paragraphs (a), (b), (d), (e) and (g) to (i), and voted against paragraphs (c) and (f) of the Substantive Motion, and asked for this to be recorded.)

 

 

 

2. Councillors Angela Argenzio, Douglas Johnson, Ruth Mersereau, Martin Phipps, Paul Turpin, Peter Garbutt and Alison Teal voted for paragraphs (b), (d), (e) and (g) to (i), and abstained from voting on paragraphs (a), (c) and (f) of the Substantive Motion, and asked for this to be recorded.)