Agenda item

Moved by Councillor Hargey,

Seconded by Councillor Walsh,

 

      That the minutes of the proceedings of the Strategic and Policy and Resources Committee of 23rd June be approved and adopted.

 

 

Exclusion of the Press and Public from the Meeting

 

Moved by the Councillor McVeigh,

Seconded by Council Hargey,

 

      That the Council agrees not to exclude the press and public from the meeting whilst the minute of the meeting of the Strategic Policy and Resources Committee of 23rd June, under the heading “Bonfire Inter-Agency Working”, was being considered.

 

                  On a recorded vote, thirty-four Members voted for the amendment and nineteen against and it was declared carried.

 

For 34   The Lord Mayor (Councillor McAllister); Alderman Convery; and Councillors Armitage, Attwood, Austin, Bell, Boyle, Campbell, Carson, Clarke, Collins, Corr, Garrett, Groves, Hargey, Heading, Howard, Lyons, Magee, Magennis, McAteer, McCabe, McConville, McCusker, McDonough-Brown, McReynolds, McVeigh, Milne, Mullan, Nicholl, O’Donnell, O’Hara, O’Neill and Walsh.

Against 19   The High Sheriff (Alderman Haire); Aldermen Kingston, McCoubrey, McGimpsey, McKee, L. Patterson, R. Patterson, Rodgers, Sandford and Spence; and Councillors Bunting, Corr Johnston, Craig, Dorrian, Graham, Hussey, Hutchinson, Newton and Reynolds.

 

            Prior to the minute being considered, the Chief Executive reminded the Council that the Strategic Policy and Resources Committee, at its meeting on 23rd June, had agreed that she should lead an investigation and full review, with independent input, into the issue of the collection and storage of bonfire material and the future approach to bonfires across the City.

 

            Accordingly, she declared an interest in this matter and left the Council Chamber whilst it was under discussion and was replaced by the City Solicitor. 

 

Amendment

 

Bonfire Inter-Agency Working

 

Moved by Councillor McVeigh,

Seconded by Councillor Hargey and

 

      Resolved - That the decision of the Strategic Policy and Resources Committee of 23rd June, under the heading “Bonfire Inter-Agency Working”, be amended to provide for the adoption of the following Terms of Reference for the investigation and full review, led by the Chief Executive, with independent input, being undertaken into the issue of the collection and storage of bonfire material and the future approach to bonfires across the City:

 

      “The investigation is to be established under the direction of the Chief Executive, with independent assessment of the evidence and assurance to be given by an individual or individuals who may issue directions with regard to the production of documents and who may request direct interviews with any party having a role or interest in any matter relevant to the investigation. The independent element of the investigation will not be simply to review statements and other material but also to issue direction, based on their evidentiary and public interest disclosure role and toengage directly with the process in respect of the key issues relevant to the investigation, subject to the agreement of the Chief Executive. Prior to appointment of the independent element of the investigation, the Chief Executive will consult Party Group Leaders.

 

      The investigation will report through a restricted report to be tabled for consideration by the Strategic Policy and Resources Committee at its meeting in September. Issues relating to restriction of the report or information to be placed in the public domain can be considered post Council meeting.

 

      Without prejudice to the generality of the above, the investigation will include consideration of the following themes and documents:

 

1.     Context

 

      The historical development of bonfire interventions and community engagement in respect of bonfire sites to include specific consideration of the sites identified in these terms of reference.

 

2.     Vires and Governance

 

      An examination of the legal powers with regard to intervention and management at bonfire sites. Governance arrangements for dealing with bonfire issues to include internal and external fora for development and implementation of policies and strategies and political involvement.

 

3.     Facts

 

      An examination of how the decisions came to be made, who they were made by, who was consulted, who agreements were made with and what those agreements stated. This will be supported by a full chronology of the events and will reference the circumstances in which decisions were made. This will include a review of all correspondence, emails and other material relevant to the decisions in question from officers, external parties/agencies or any other source.

 

      An examination of the circumstances under which the theft of pallets took place from Council controlled property and details of any associated investigation.

 

4.     Internal Communications

 

      The investigation will consider internal communications arrangements and the control and use of information relating to the issues under consideration. In particular the investigation will consider communications with members and correspondence in whatever form between officers to establish the level of knowledge on relevant issues against a timeline and reporting opportunities.

 

5.     Decision-Making

 

      Insofar as is not captured in terms of the preceding criteria, the investigation will look at the decision making context to establish if there were any deficiencies and those matters which were active in terms of the key decisions made by officers. The investigation will also consider information from other agencies which may have influenced decision making and any relevant history concerning the sites in question.

 

6.     Costs

 

      The costs of removal, transport and storing the material will be established together with any consequential or employee costs in respect of the sites relevant to this investigation.

 

7.     Future Arrangements

 

      The report may also make recommendations to improve governance, communication and to assist in defining the proper limits of delegation in respect of the Council’s involvement and management with bonfire sites.

 

      Evidence/Public Interest Disclosures

 

      The Council will establish a mechanism for staff who may wish to make disclosures, to either do so anonymously or directly, to the individual or individuals appointed to act as the independent element of the investigation. In the first instance, such disclosures will be in writing/email and may be made within a defined period of time so as not to prejudice the established timeline for reporting. The Council undertakes that the identity of any such individuals will be made known only to the independent element of the investigation.

 

      Status of the Investigation

 

      The purpose of the investigation is to establish the circumstances under which the decisions referred to came to be made. No witness is compellable and those who do provide information or engage with the investigation process may be entitled to representation or the assistance of a Trade Union Official or lawyer. Any report of the investigation identifying individuals will be restricted and the information contained therein will be treated as confidential. If required, future decisions on disciplinary action will be taken in accordance the Council’s Disciplinary and Grievance Procedure and, accordingly, this issue falls outside the remit of this investigation.”

 

(At this point, the Chief Executive resumed her seat in the Council Chamber.)

 

Amendment

 

Year End Management Accounts

 

Moved by Councillor Garrett,

Seconded by Councillor Attwood,

 

      That the decision of the Strategic Policy and Resources Committee of 23rd June, under the heading “Year End Management Accounts”, be amended to provide that the £45,000 of the remaining capital underspend of £208,000 set aside for reserves be allocated instead to the Amateur Boxing Strategy.

 

            On a recorded vote, thirty-three Members voted for the amendment and eighteen against and it was declared carried.

 

 

For 33   The Lord Mayor (Councillor McAllister); Alderman Convery; and Councillors Armitage, Attwood, Austin, Bell, Boyle, Campbell, Carson, Clarke, Collins, Corr, Garrett, Groves, Hargey, Heading, Howard, Magee, Magennis, McAteer, McCabe, McConville, McCusker, McDonough-Brown, McReynolds, McVeigh, Milne, Mullan, Nicholl, O’Donnell, O’Hara, O’Neill and Walsh.

Against 18   The High Sheriff (Alderman Haire); Aldermen Kingston, McCoubrey, McGimpsey, McKee, L. Patterson, R. Patterson, Rodgers, Sandford and Spence; and Councillors Bunting, Craig, Dorrian, Graham, Hussey, Hutchinson, Newton and Reynolds.

 

Adoption of Minutes

 

            Subject to the foregoing amendments, the minutes of the proceedings of the Strategic Policy and Resources Committee of 23rd June were approved and adopted.