Agenda item

To consider the following motion on notice proposed by Councillors Light, Anjum, Asker, Fairhurst, R Freeman, Gerard, Hargreaves, LeCount, Lees, Lodge and Morris.

This Council agrees to establish a Committee dedicated to positively promoting equality and to ensuring that all Council actions and policies not only comply with current legislation but actively foster inclusivity.

Councillor Light proposed the motion “To establish a committee dedicated to positively promoting equality and to ensuring that all Council actions and policies not only comply with current legislation but actively foster inclusivity”.  She said a committee established to promote these principles would inform decisions which affected groups disproportionately such as women, or those living in poverty or isolation.  A committee was needed as existing committees were unable to deal with equalities issues fully, and consideration by a working group or Scrutiny Committee was not enough.  This committee should be balanced, and should include representatives drawn from the community. 

Councillor S Barker said the issue was more wide-ranging than simply equality, and to deal with it via a committee would confine rather than restrict the need to be responsible for these principles.  She proposed amending the motion, to read as follows: 

“This Council continues to be committed to positively promoting equality and to ensuring that all Council actions and policies not only comply with current legislation but actively foster inclusivity. 

This Council calls on the Cabinet Member for Equality to bring a report on this important matter back to Full Council following the Internal Audit of Equalities and Diversity later this year, and to then consider how this important requirement is monitored.”

Councillor Fairhurst claimed that the amendment was out of order, as its effect was to negate the motion. 

The Assistant Director – Legal and Governance said an amendment negating the motion was, in effect, inserting the word “not” in circumstances where voting against the motion would effectively achieve the same result.   This amendment did not negate the motion, as it was relevant to the motion and proposed an alternative course of action.

The Chairman said the legal advice was clear. 

Councillor Rolfe seconded the amendment, which was then debated. 

Councillor Ranger said another committee was not necessary, as all decisions were taken through the appropriate decision-making process, and if there were any concern about inequality, could be referred to the Scrutiny Committee. 

Councillor Dean said the amendment did not negate the proposal.  There might be a role for the Scrutiny Committee in considering how to address equalities matters.

Councillor Asker said it was disappointing that the opportunity had not been taken earlier to bring this item forward when the public were present.  She could not support the amendment because the public would be disappointed in that outcome.

The Chairman said he had noted that request but the budget was the most important item of business at this meeting.

Councillor Jones said it would have been beneficial to have engaged the Council’s own audit committee to look at this item, but consideration by an external body would provide greater confidence. 

Councillor Hicks said he had been a councillor for many years and considered equality had been dealt with very effectively.  He could see no benefit to appointing a new committee.  The change of governance from committees to Cabinet was meant to reduce the number of committees, partly because of cost.  There was no case for another committee. 

Councillor Lodge said he regretted the fact the public had departed.  He referred to Councillor Fairhurst's legal view that the amendment negated the motion. 

Councillor Loughlin said that as a woman she did not feel subjected to unequal treatment by this Council, which also had a female Chief Executive.  She did not agree with Councillor Jones’ suggestion that an independent assessment of equality be undertaken, as this would cost money.  Regarding Councillor Lodge’s complaint that the public had departed, this meeting was being broadcast live and was recorded so the public could still listen to the debate. 

Councillor Foley said he supported the original motion because it gave stronger commitment to the direction of travel. 

Councillor Hargreaves said in practical terms, Councillor S Barker had said the report could be considered by Scrutiny Committee or Governance, Audit and Performance Committee.  At its last meeting of the latter, the business considered had been extensive.  Sufficient time was not available for the Committee to take on the additional task of considering equalities in the necessary depth. 

The Chairman said any such report would be to Full Council. 

Councillor Fairhurst said he agreed with the point made by Councillor Foley, and it was not the moment to continue with “business as usual”, but to recognise times had changed and to act in accordance with the public mood by doing something special. 

Councillor Rolfe said this amendment was not about principle but about process.  It was fortuitous that the Internal Audit team were studying this area, and would report in Q1 of 2018/19.  He supported Councillor Jones’ point in that the study needed to look at external examples to see what was needed to achieve the best quality of diversity and equality.  He also supported the comments of Councillor Dean, as it was important to have the right approach.  He took note of the workload on Governance, Audit and Performance Committee.  He asked that a recorded vote on the amendment be taken.

Councillor Light said there was a great difference between conducting an audit and what she had proposed.  The equalities impact assessment for the budget said nothing about the how the budget might affect minorities, whereas a committee would drive equality forward. 

The Chairman asked Councillor S Barker whether if the amendment were to be passed, and there were to be an audit, she ruled out establishing a committee. 

Councillor S Barker said she was open to the outcome of the review, nothing was ruled out, and she would bring back a report to Council. 

Councillor Lodge requested a recorded vote on the amendment.

In response to comments as to further changes to the wording of the amended motion, Councillor S Barker rejected suggestions that it include reference to considering establishment of a committee, and that the wording “is monitored” be changed. 

The amended motion being put to a recorded vote, the outcome was as follows:

For the amended motion:  Councillors G Barker, S Barker, Chambers, Davey, Dean, Farthing, Felton, Gordon, Harris, Hicks, Howell, Jones, Loughlin, Mills, Oliver, Ranger, Redfern, Rolfe, Ryles, Sell and Wells. 

Against the amended motion:  Councillors Artus, Asker, Fairhurst, Foley, R Freeman, Gerard, Hargreaves, LeCount, Lees, Light, Lodge and Morris. 

Abstentions:  none were recorded.

The amended motion was therefore carried by 21 votes in favour, to 12 against.

The amendment now being the substantive motion, as follows, was put to the vote:

“This Council continues to be committed to positively promoting equality and to ensuring that all Council actions and policies not only comply with current legislation but actively foster inclusivity.

This Council calls on the Cabinet Member for Equality to bring a report on this important matter back to Full Council following the Internal Audit of Equalities and Diversity later this  year,  and to then consider how this important requirement is monitored.”

The substantive motion was carried, with 21 votes in favour, 5 against and with 3 abstentions. 

                        RESOLVED that

This Council continues to be committed to positively promoting equality and to ensuring that all Council actions and policies not only comply with current legislation but actively foster inclusivity.

This Council calls on the Cabinet Member for Equality to bring a report on this important matter back to Full Council following the Internal Audit of Equalities and Diversity later this  year,  and to then consider how this important requirement is monitored.