Issue - items at meetings - Issues Raised by Members

To consider the following matters raised by Councillors:

(a)               Petitions: To receive any petitions submitted to the full Council or at the meeting itself;

(b)               Written Questions: To consider any written questions;

(c)               Letters: To consider any letters;

(d)               Notices of Motion: to consider any Notices of Motion referred from Council or submitted directly to the Committee.

(i)                       Traveller encampments on sensitive sites in Brighton & Hove- Conservative Group

33.                   (c)   Notices of Motion

33.1               Councillor Theobald presented a Notice of Motion that requested that the Committee consider the adoption of a Traveller Encampment sensitive site protocol, in partnership with Sussex Police, and that any future incursions on sensitive sites be the subject of immediate eviction under the Criminal Justice and Public Order Act 1994. In addition, the Motion requested that any areas not included on the sensitive site list should not automatically become tolerated sites for unauthorised camping.

33.2               Councillor West stated that he had received a briefing from Officers on this Motion particularly the legal aspects. The Briefing Note he had was received was tabled to the Committee.

33.3               Councillor Cox asked why the Briefing Note could not have been circulated before the meeting.

33.4               The Strategic Director, Place explained that there was an obligation for the Chair to respond to the Notice of Motion and the tabling of the document followed this procedure.

33.5               Councillor Mitchell stated that she had already received a briefing from Officers as well as the Briefing Note circulated at the meeting. She asked if the same had been offered to the Conservative Party.

33.6               Councillor Theobald clarified that he had received an offer of a briefing but was unable to make the dates offered.

33.7               Councillor Janio stated that he believed there were serious legal issues in circulating the briefing sheet at the meeting and not in advance. He noted his astonishment that the Briefing Note could not have been circulated to the Committee Members before the meeting.

33.8               The Acting Assistant Head of Law reminded the Committee that they had two options in dealing with the Notice of Motion: to note it or to call for an officer report.

33.9               The Head of Housing & Social Inclusion apologised for not circulating the Briefing Note in advance and for not ensuring a briefing for Councillor Theobald. The Head of Housing & Social Inclusion provided a verbal update that included the following:

·        The Traveller Strategy, agreed by Full Council in March 2012, covered the majority of the issues raised in the Notice of Motion

·        Site profiles outlined current site protection measures, issues in relation to community impact (such as whether the site is used for community or sports events) and the usual appropriate way of dealing with the encampment.  Officers had shared these site profiles with Sussex Police as part of a joint approach to managing unauthorised encampments.

·        There couldn’t be a blanket approach as each encampment was different and by necessity required different approaches.

·        The council worked with the Pan-Sussex Local Authority Traveller Forum to develop a joint protocol on dealing with unauthorised encampments.  The police had been involved as a partner in the development of the protocol.

·        The powers for removing travellers referred to in the Notice of Motion were police powers, not local authority powers.  The Council could only request that the police use them, not compel the police to use them.

·        The Council frequently submitted Section 61 requests to Sussex Police and, in the majority, these were upheld.

33.10          Councillor Theobald stated that the origin of the Notice of Motion came from a Scrutiny Panel recommendation. He asked if this had been implemented.

33.11          The Head of Housing & Social Inclusion explained that the Scrutiny recommendation had been accepted and was incorporated into the Traveller Strategy.

33.12          Councillor Cox noted his disappointment in the tabling of the Briefing Note which could have easily been sent out to Members prior to the meeting. Whilst he did not contest what was said, he believed maintenance of the status quo would increase prejudice against the Traveller Community as the majority of people felt the law was lacking. Councillor Cox added that he was disappointed that no mention of the new elected Police Commissioner was made in the Briefing Note and re-iterated his disappointment that one opposition party had received a briefing and the other had not.

33.13          Councillor Wakefield stated that she had also just received the Briefing Note. She stated that Full Council had extensively discussed the points in the Notice of Motion before. Councillor Wakefield stated her conviction that most Traveller Communities did not want to use sensitive sites but were forced to because of the lack of adequate provision offered. This could only be solved by the development of permanent sites.

33.14          Councillor Janio stated that there should be a list of authorised sites that indicated toleration. He believed the Committee needed to discuss the matter again at a later date.

33.15          Councillor Mitchell urged the Head of Housing & Social Inclusion to set up a briefing with Councillor Theobald to provide assurance on the measures being undertaken. She noted that there were already site by site protocols and the provision of a Traveller protocol and a new report was no necessary at this time.

33.16          Councillor West moved to note the Notice of Motion.

33.17          Councillor Sykes formally seconded the motion

33.18          Councillor West then put the recommendation to note the Notice of Motion to a vote, with the following result:

For: 6

Against: 4

33.19          RESOLVED- That the Notice of Motion be noted.

33.20          Councillor Janio expressed his outrage at the handling of the issue.

33.21          Councillor Theobald stated that he was very angry that council officers could not allocate time to meet with him to provide a briefing.