Agenda item

Pursuant to the provisions of Council Procedure Rule 12, Council will consider a motion, notice of which has been given by Councillor Harris.

In accordance with the provisions of Council Procedure Rule 12.5, (Professional Advice of the Council’s Statutory Officers on the Motion) requires the Council’s three statutory officers (i.e. Monitoring Officer, Section 151 Officer and Head of Paid Service), once the Motion has been accepted as being valid, to produce a formal Advisory Note detailing any necessary initial professional advice in relation to the implications for the Council of that Motion. That Advisory Note will focus on implications for the Council relating to budgetary, constitutional or legislative requirements or staffing matters.

In this instance, the Council’s Statutory Officers have each indicated that they do not need to provide any such professional advice and that therefore an Advisory Note(s) does not need to be produced on this occasion.

Council had before it the following motion, notice of which had been given by Councillor Peter Harris pursuant to Council Procedure Rule 12:-

(a)    “This Council notes that:-

(i)      the Chancellor of the Exchequer, Rachel Reeves MP, has indicated that the winter fuel payment will be cut completely from all pensioners except those receiving pension credits.

(ii)     this will likely disproportionately affect  the District of Tendring as we have the highest average age population in the UK.

(iii)   this removal has happened to coincide with the recent announcement by the OFGEM Regulator that the fuel price cap has risen, resulting in bills increasing by 10% on average, meaning some pensioners maybe a reported £500 worse off when combined with the removal of the Winter Fuel Payment.

(iv)   many of our pensioners are already deeply concerned at these announcements and may worry about the affordability of winter fuel, and that putting it simply some may have to decide between heating or eating.

(b)    Therefore, this Council requests that:

1.      the Leader of Tendring District Council, Councillor Mark Stephenson, writes to the Chancellor of the Exchequer, Rachel Reeves MP, to request that the Government rethink and halt its plans to cut Winter Fuel Payment for pensioners.

2.      the Leader of the Council also writes to Sir Bernard Jenkin MP and Nigel Farage MP to lobby their support for the urgent review of this Government action.

3.      if the Government carries out its intention to remove the Winter Fuel Payment from pensioners, the Leader of the Council and his Cabinet urgently review how Tendring District Council with the inclusion of its partners and other local organisations, can offer support and advice to pensioners living in this District who may suffer or be in the position of fuel poverty or difficulty as a result of this Government decision.”

Prior to the commencement of the meeting the Council’s statutory officers had confirmed that they did not need to provide any professional advice in relation to this motion and that therefore an Advisory Note pursuant to Council Procedure Rule 12.5 had not needed to be produced.

Councillor Harris formally moved the motion and Councillor Bray formally seconded the motion.

In accordance with the provisions of Council Procedure Rule 12.6 Councillor Harris then explained the purpose of the Motion and Council proceeded to debate it.

Councillor P B Honeywood moved and Councillor Alexander seconded that part (b) of Councillor Harris’ motion be amended by the addition of the following text:-

“4.   the Council commits to signing the ‘Save the Winter Fuel Payment for struggling Pensioners’ petition being run by Age UK and to write to all Members offering them the opportunity to sign the petition themselves.”

Pursuant to the provisions of Council Procedure Rule 16.6 both the mover of the Motion (Councillor Harris) and the seconder of the Motion (Councillor Bray) consented to alter the motion to incorporate Councillor Honeywood’s amendment.

Councillor M E Stephenson moved and Councillor I J Henderson seconded that part (b) of Councillor Harris’ motion, as now altered, be amended to read as follows:-

“(b) Therefore, this Council requests that:

1.  the Leader of Tendring District Council, Councillor Mark Stephenson, writes to the Chancellor of the Exchequer, Rachel Reeves MP, to highlight the challenge for our residents, especially as the uptake of Pension Credits is low.

2.  the Leader of the Council also writes to Sir Bernard Jenkin MP and Nigel Farage MP to lobby their support to encourage the take up of Pension Credit as the uptake of Pension Credits is low.

3.  Following the Government’s decision to remove the Winter Fuel Payment from pensioners not in receipt of pension credit, the Leader of the Council and his Cabinet urgently review how Tendring District Council with the inclusion of its partners and other local organisations, can offer support and advice to pensioners living in this District who may suffer or be in the position of fuel poverty or difficulty as a result of this Government decision.

4.  The availability of Pension Credit be promoted by the Council and with partners to assist all those entitled.

5.  The Portfolio Holder for Partnerships organise a briefing at the Older Person's Forum in November to raise awareness of Pension Credits.”

Pursuant to Council Procedure Rule 16.11, Councillor Bray requested a ruling on whether Councillor M E Stephenson’s amendment was acceptable under Council Procedure Rule 16.5 as he felt that it negated the principal purpose of Councillor Harris’ motion, in particular, part (b) paragraph 1.

The Monitoring Officer (Lisa Hastings) informed Council that, in her professional opinion, the amendment did not negate Councillor Harris’ motion. However, the Monitoring Officer reminded Members that, under Article 5.01 of the Council’s Constitution, it was the responsibility of the Chairman of the Council “to uphold and promote the purposes of the Constitution, and to rule on the interpretation and application of the Constitution as and when necessary at meetings [of the full Council];”

The Chairman of the Council (Councillor Casey) duly considered the matter and ruled that he would accept, as valid, Councillor M E Stephenson’s amendment.

Councillors Bray, Ferguson, Griffiths, P B Honeywood, Harris, Everett, Calver and I J Henderson spoke during the debate on Councillor M E Stephenson’s amendment.

Pursuant to the provisions of Council Procedure Rule 19.5, Councillor Harris, supported by, at least, nine other Members rising in their places, requisitioned a record of the voting on Councillor M E Stephenson’s amendment as set out above. That vote resulted as follows:-

Councillor M E Stephenson’s amendment was declared CARRIED and it then became the substantive motion.

Councillors Everett, Calver, Harris, Doyle, Ferguson, Bray, Griffiths and Barry spoke during the debate on the substantive motion.

Councillor M E Stephenson’s amendment on being put to the vote as the substantive motion was declared CARRIED.