Council 2 October 2006

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Council

Contents

MONTHLY MEETING OF BELFAST CITY COUNCIL

Held in the City Hall on Monday, 2nd October, 2006 at the hour of 6.00 o’clock p.m., pursuant to Notice.

Members present

The Deputy Lord Mayor (Councillor Patterson) (Chairman); and Councillors Adamson, Attwood, Austin, D. Browne, M. Browne, W. Browne, Campbell, Cobain, Convery, Crozier, Cunningham, Cush, D. Dodds, N. Dodds, Ekin, Empey, Ervine, Hanna, Hartley, Hendron, Jones, Kelly, Kirkpatrick, Lavery, Long, Maginness, A. Maskey, P. Maskey, McCann, McCausland, McClenaghan, McCoubrey, McGimpsey, McKenzie, Mhic Giolla Mhín, Moore, Mullaghan, Ní Chuilín, O'Neill, O'Reilly, Rodgers, Rodway, Smyth, Stalford, Stoker and Wilson.

Reading of Scriptures

In accordance with Standing Order 9, the Deputy Lord Mayor read a passage from the Scriptures.

Summons

The Director of Corporate Services submitted the summons convening the meeting.

Apologies

Apologies for inability to attend were reported from the Right Honourable the Lord Mayor (Councillor McCarthy), the High Sheriff (Councillor Humphrey) and Councillors McMillen and Newton.

Minutes

Moved by the Deputy Lord Mayor (Councillor Patterson), Seconded by Councillor W. Browne and

Resolved - That the minutes of the proceedings of the Monthly Meeting of the Council of 4th September be taken as read and signed as correct.

Office of High Sheriff

The Council agreed that the question of a nomination of three Members suitable for appointment to the Office of High Sheriff of the City for the year 2007 be deferred until its next monthly meeting.

Policy and Resources Committee

Moved by Councillor A. Maskey, Seconded by Councillor Hartley,

That the minutes of the proceedings of the Policy and Resources Committee of 1st, 22nd and 25th September, 2006 be and they are hereby approved and adopted.

Amendments

Human Resources Issues – Personnel Sub-Committee: Single Status Implementation

Moved by Councillor Rodway, Seconded by Councillor Cobain and

Resolved – That the decision of the Policy and Resources Committee of 22nd September under the heading “Human Resources Issues – Personnel Sub-Committee: Single Status Implementation”, in so far as it related to the payment of compensation, be rejected and accordingly that the matter be not referred back to the Sub-Committee for further consideration.

Centenary Dinner Update

Moved by Councillor D. Browne, Seconded by Councillor Rodgers,

That the decision of the Policy and Resources Committee of 22nd September under the heading “Centenary Dinner Update” be rejected and accordingly that the Council agrees to organise a dinner to mark the Centenary of the City Hall.

On a vote by show of hands ten Members voted for the amendment and thirty against and it was accordingly declared lost.

Request for Matter to be Taken Back for Further Consideration

City Hall Major Works and Council Accommodation

The Chairman (Councillor A. Maskey), at the request of Councillor D. Browne and with the consent of the Council, agreed that the minute of the meeting of 25th September under the heading “City Hall Major Works and Council Accommodation” be taken back to a special meeting of the Committee for further consideration.

Adoption of Minutes

The original proposal relevant to the minutes of the Policy and Resources Committee was thereupon put to the meeting and passed in the following form:

That the minutes of the proceedings of the Policy and Resources Committee of 1st, 22nd and 25th September be and they are hereby approved and adopted, subject to:

(i) the rejection of the decision of 22nd September under the heading “Human Resources Issues – Personnel Sub‑Committee: Single Status Implementation”, in so far as it related to the payment of compensation; the Council accordingly agreed that the matter be not referred back to the Sub-Committee for further consideration; and

(ii) the omission of the minute of 25th September under the heading “City Hall Major Works and Council Accommodation” which, at the request of Councillor D. Browne, is taken back to a special meeting of the Committee for further consideration.

Community and Recreation Committee

Moved by Councillor Stoker, Seconded by Councillor Rodgers,

That the minutes of the proceedings of the Community and Recreation Committee of 19th and 21st September be and they are hereby approved and adopted.

Requests for Matters to be Taken Back for Further Consideration

Changes to Organisational Structure at Belfast Zoo

At the request of Councillor Wilson and with the consent of the Council, the Chairman (Councillor Stoker) agreed that the minute of the Parks and Cemeteries Services Sub-Committee of 8th September under the heading “Changes to Organisational Structure at Belfast Zoo” be taken back to the Sub-Committee to enable a report detailing the financial implications associated with the proposed changes to be considered.

Ulidia Playing Fields – Illegal Erection of a Fence

The Chairman (Councillor Stoker), at the request of Councillor Rodgers and with the consent of the Council, agreed that the minute of the Parks and Cemeteries Services Sub-Committee of 8th September under the heading “Ulidia Playing Fields – Illegal Erection of a Fence” be taken back to the Sub-Committee for further consideration.

Disposal of Land at McClure Street Open Space

The Chairman (Councillor Stoker), at the request of Councillor Wilson and with the consent of the Council, agreed that the minute of the meeting of 19th September under the heading “Disposal of Land at McClure Street Open Space” be taken back to the Committee for further consideration.

Amendment

Boost Membership

Moved by Councillor Rodgers, Seconded by Councillor Ervine,

That the decision of the Community and Recreation Committee of 19th September under the heading “Community and Leisure Services Sub-Committee – Boost Membership” be rejected and accordingly that the existing boundary validation criteria for customers in receipt of means-tested benefits be retained until such time as the Review of Local Boundaries in Northern Ireland and the Review of Public Administration is completed.

A division on the matter was immediately demanded. A poll having been taken on the amendment, there voted for it thirteen Members, viz., Councillors Adamson, D. Browne, Cobain, Ekin, Empey, Ervine, Hendron, Long, McCoubrey, McGimpsey, Rodgers, Smyth and Stoker; and against it thirty-one Members, viz., the Deputy Lord Mayor (Councillor Patterson); and Councillors Attwood, M. Browne, W. Browne, Campbell, Convery, Crozier, Cunningham, Cush, D. Dodds, N. Dodds, Hanna, Hartley, Kelly, Kirkpatrick, Lavery, Maginness, A. Maskey, P. Maskey, McCann, McCausland, McClenaghan, McKenzie, Mhic Giolla Mhín, Mullaghan, Ní Chuilín, O’Neill, O’Reilly, Rodway, Stalford and Wilson.

The amendment was accordingly declared lost.

Adoption of Minutes

The original proposal relevant to the minutes of the Community and Recreation Committee was thereupon put to the meeting in the following form:

That the minutes of the proceedings of the Community and Recreation Committee of 19th and 21st September be and they are hereby approved and adopted, subject to the omission of:

(i) the minute of the Parks and Cemeteries Services Sub‑Committee of 8th September under the heading “Changes to Organisational Structure at Belfast Zoo, as adopted by the principal Committee at its meeting on 19th September, which, at the request of Councillor Wilson, is taken back to the Sub-Committee to enable a report detailing the financial implications associated with the proposed changes to be submitted for further consideration;

(ii) the minute of the Parks and Cemeteries Services Sub‑Committee of 8th September under the heading “Ulidia Playing Fields – Illegal Erection of a Fence”, as adopted by the principal Committee at its meeting on 19th September, which, at the request of Councillor Rodgers, is taken back to the Sub-Committee for further consideration; and

(iii) the minute of the meeting of 19th September under the heading “Parks and Cemeteries Services Sub-Committee – Disposal of Land at McClure Street Open Space” which, at the request of Councillor Wilson, is taken back to the Committee for further consideration.

Development Committee

Moved by Councillor McCausland, Seconded by Councillor P. Maskey,

That the minutes of the proceedings of the Development Committee of 7th and 20th September be and they are hereby approved and adopted.

Request for Matter to be Taken Back for Further Consideration

Ormeau Baths Gallery

Councillor Wilson requested that the minute of the Arts Sub-Committee of 6th September under the heading “Ormeau Baths Gallery” be taken back to the Sub‑Committee for further consideration. However, the Council determined to vote on the matter.

On a vote by show of hands eighteen Members voted for the minute to be referred back and twenty-one against and it was accordingly declared lost.

Amendments

The De-designation of Laganside Corporation

The Council agreed that the decision of 20th September under the heading “The De-designation of Laganside Corporation”, agreeing that the Permanent Secretary of the Department for Social Development be requested to meet with an All-Party deputation from the Committee, be amended by the addition to the deputation of Councillor Crozier, the Council’s representative on the Board of the Laganside Corporation.

Special Meeting

The Committee agreed that the decision of 20th September under the heading “Special Meetings”, agreeing that a special meeting be held to receive a presentation from Translink regarding the changes which had been made to the Metro System and the Company’s proposals for the future development of the system, be amended to provide that all Members of the Council be invited to attend.

Estates Management – Appropriation of Maysfield

In considering the minutes of 20th September under the heading “Estates Management – Appropriation of Maysfield”, the Council agreed that a report in relation to the lease of the Maysfield Leisure Centre to Titanic Studios be submitted to the Community and Lesiure Services Sub-Committee at the earliest opportunity.

Adoption of Minutes

The original proposal relevant to the minutes of the Development Committee was thereupon put to the meeting and passed in the following form:

That the minutes of the proceedings of the Development Committee of 7th and 20th September be and they are hereby approved and adopted, subject to

(i) the amendment of the decision of 20th September under the heading “the De-designation of Laganside Corporation” by the addition to the All-Party deputation to meet with the Permanent Secretary of the Department for Social Development of the name of Councillor Crozier; and

(ii) the amendment of the decision of 20th September under the heading “Special Meetings” to provide that all Members of the Council be invited to the special meeting to be held to receive a presentation from Translink.

Health and Environmental Services Committee

Moved by Councillor O’Reilly, Seconded by Councillor Mullaghan,

That the minutes of the proceedings of the Health and Environmental Services Committee of 29th August and 11th, 19th and 25th September be and they are hereby approved and adopted.

Request for Matter to be Taken Back for Further Consideration

Proposed Revised Bye-Law Regarding the Consumption of Intoxicating Liquor in Designated Places

At the request of Councillor Crozier and with the consent of the Council, the Chairman (Councillor O’Reilly) agreed that the minute of 11th September under the heading “Proposed Revised Bye-Law Regarding the Consumption of Intoxicating Liquor in Designated Places” be taken back for further consideration.

Amendment

Environmental Health Business Structural Review

Moved by Councillor Crozier, Seconded by Councillor Stalford and

Resolved – That the decision of the Health and Environmental Services Committee of 11th September under the heading “Environmental Health Business Structural Review” be referred back to the Committee to enable the Review Panel, which had been established to scrutinise the management and recruitment of staff, to consider whether the wider revision of organisational structures being dealt with by the Policy and Resources Committee would have implications for the restructuring of the Business Support Service in the Environmental Health Service Section.

Adoption of Minutes

The original proposal relevant to the minutes of the Health and Environmental Services Committee was thereupon put to the meeting and passed in the following form:

That the minutes of the proceedings of the Health and Environmental Services Committee of 29th August and 11th, 19th and 25th September be and they are hereby approved and adopted, subject to the omission of:

(i) the minute of 11th September under the heading “Proposed Revised Bye-Law Regarding the Consumption of Intoxicating Liquor in Designated Places” which, at the request of Councillor Crozier, is taken back to the Committee for further consideration; and

(ii) the minute of 11th September under the heading “Environmental Health Business Support Structural Review” which is referred back to the Committee to enable the Review Panel, which had been established to scrutinise the management and recruitment of staff, to consider whether the wider revision of organisational structures being dealt with by the Policy and Resources Committee would have implications for the restructuring of the Business Support Service in the Environmental Health Service Section.

Town Planning Committee

Moved by Councillor Mullaghan, Seconded by Councillor Lavery and

Resolved –That the minutes of the proceedings of the Town Planning Committee of 7th and 21st September, omitting matters in respect of which the Council had delegated its powers to the Committee, be and they are hereby approved and adopted.

Notices of Motion

Reform of Rating System

In accordance with Notice on the Agenda, Councillor Ekin proposed:

“The recent domestic rates increases are said to increase fairness in distribution of the costs of running Northern Ireland.

It is apparent that this fairness is severely punitive on a vulnerable section of our population, which is of course not fair.

The Council requests that those in charge of strategy and the Ministers responsible find a fund raising mechanism which does not impact severely on a section of our population no matter how small and does not impact adversely on business and commerce.

This will require a more flexible means of getting to the desired goal of providing good public services at affordable costs. Meanwhile this implies that the changes are not implemented until acceptable progress has been made on reducing the hardship and negative effects which the proposed changes will bring.”

The proposal was seconded by Councillor Long.

Amendment

Moved by Councillor Hanna, Seconded by Councillor Kelly,

That the Notice of Motion standing in the name of Councillor Ekin be amended by the deletion of the final two paragraphs and by the substitution of the following:

Accordingly, this Council declares:

its opposition to the rates scheme being proposed by David Hanson, M.P., the direct rule Minister for Finance;

rejects as inadequate the relief scheme being proposed by the Minister which will assist only 44,000 households out of 700,000 in Northern Ireland, leaving the vast majority to pay the full bill regardless of income;

that it is particularly concerned about the effect of the proposed scheme on pensioners, families on modest incomes, university-area communities and other vulnerable groups in our society and demands an expanded relief package to address the needs of these groups;

that the case for capping in Northern Ireland in order to give relief to high capital value households here is justifiable particularly in light of the fact that 500,000 similar households in Great Britain benefit from capping and that such capping is supported by the British Labour Party.

The Council hereby calls on the Minister to immediately withdraw his proposals, which have been rejected by all Northern Ireland Parties, and, in consultation with local democratically-elected representatives, submit amended proposals for a rating system founded on the following principles:

ability to pay and with reference to the household income

flexibility in reaching the desired goal of combining the provision of excellent local services with Value for Money for the ratepayer.”

On a vote by show of hands seven Members voted for the amendment and twenty-six against and it was accordingly declared lost.

Further Amendment

Moved by Councillor A. Maskey, Seconded by Councillor Ní Chuilín,

That the Notice of Motion standing in the name of Councillor Ekin be amended by the deletion of the final three paragraphs and by the substitution of the following paragraphs:

However, it is apparent that the proposed new Rating System will be punitive for those in our society who are on a modest or low income.

Therefore, this Council calls on the Government to base local revenue raising on the principle of “ability to pay”.

On a vote by show of hands fifteen Members voted for the amendment and sixteen against and it was accordingly declared lost.

The original Notice of Motion standing in the name of Councillor Ekin and seconded by Councillor Long was thereupon put to the meeting and passed without dissent.

Restoration of the Assembly and Executive

In accordance with Notice on the Agenda, Councillor Ní Chuilín proposed:

“That this Council, taking account of the consequences for the people of Belfast of continuing Direct Rule, calls on all Parties to support the immediate restoration of the Assembly and Executive.”

The proposal was seconded by Councillor Cunningham.

Amendment

Moved by Councillor Stalford, Seconded by Councillor McKenzie,

That the Notice of Motion standing in the name of Councillor Ní Chuilín be amended by the deletion of all words after “Rule” and by the insertion of the following:

“believes that devolution is the best form of Government for all the people of Northern Ireland and all Parties participating in that Government should be committed to exclusively peaceful and democratic means and support the rule of law and those whose job it is to enforce it”

After discussion, the amendment was put to the meeting when a division on the matter was immediately demanded.

A poll having been taken, there voted for the amendment fifteen Members, viz., the Deputy Lord Mayor (Councillor Patterson); and Councillors W. Browne, Crozier, N. Dodds, Ekin, Hendron, Jones, Kirkpatrick, Long, McCausland, McKenzie, Rodgers, Rodway, Stalford and Wilson; and against it twenty-one Members, viz., Councillors Attwood, Austin, M. Browne, Convery, Cunningham, Cush, Hanna, Hartley, Kelly, Lavery, Maginness, A. Maskey, P. Maskey, McCann, McClenaghan, Mhic Giolla Mhín, Moore, Mullaghan, Ní Chuilín, O’Neill and O’Reilly.

The amendment was accordingly declared lost.

Further Amendment

Moved by Councillor Attwood, Seconded by Councillor Maginness,

That the Notice of Motion standing in the name of Councillor Ní Chuilín be amended by the deletion of the word “and” after the word “Assembly” and by the insertion at the end of the Motion of the following:

“and other institutions set-up under the Good Friday Agreement, in particular, the North-South Ministerial Council”.

The amendment was put to the meeting when a division on the matter was immediately demanded.

A poll having been taken, there voted for the amendment twenty Members, viz., Councillors Attwood, Austin, M. Browne, Convery, Cunningham, Cush, Hanna, Hartley, Kelly, Lavery, Maginness, A. Maskey, P. Maskey, McCann, McClenaghan, Mhic Giolla Mhín, Moore, Mullaghan, Ní Chuilín and O’Neill; and against it fifteen Members, viz., the Deputy Lord Mayor (Councillor Patterson); and Councillors W. Browne, Crozier, N. Dodds, Ekin, Hendron, Jones, Kirkpatrick, Long, McCausland, McKenzie, Rodgers, Rodway, Stalford and Wilson.

The amendment was accordingly declared carried.

Prior to the Motion, as amended, being put to the meeting as the substantive Motion, the proposer Councillor Attwood at the request of Councillor Jones and with the permission of the Council, agreed to amend the Motion by the deletion of the word “and” after Executive and by the deletion of the words “in particular”.

The Motion, as amended, was thereupon put to the meeting as the substantive Motion in the following form:

“That this Council, taking account of the consequences for the people of Belfast of continuing Direct Rule, calls on all Parties to support the immediate restoration of the Assembly, the Executive, all other institutions set-up under the Good Friday Agreement and the North‑South Ministerial Council.”

On a vote by show of hands twenty-three Members voted for the substantive Motion and eleven against and it was accordingly declared carried.




Chairman

Facts about Council 2 October 2006
Approved minutes of Council 4 September 2006  +, Policy and Resources Committee 1 September 2006  +, Policy and Resources Committee 22 September 2006  +, Policy and Resources Committee 25 September 2006  +, Community and Recreation Committee 19 September 2006  +, Community and Recreation Committee 21 September 2006  +, Development Committee 7 September 2006  +, Development Committee 20 September 2006  +, Health and Environmental Services Committee 29 August 2006  +, Health and Environmental Services Committee 11 September 2006  +, Health and Environmental Services Committee 19 September 2006  +, Health and Environmental Services Committee 25 September 2006  +, Town Planning Committee 7 September 2006  +, and Town Planning Committee 21 September 2006  +
Has apologies from Patrick McCarthy  +, William Humphrey  +, Elaine McMillen  +, and Robin Newton  +
Has member present Ruth Patterson  +, Ian Adamson  +, Tim Attwood  +, Janice Austin  +, David Browne  +, Michael Browne  +, Wallace Browne  +, May Campbell  +, Fred Cobain  +, Pat Convery  +, Ian Crozier  +, Tierna Cunningham  +, Máire Cush  +, Diane Dodds  +, Nigel Dodds  +, Thomas Ekin  +, Reg Empey  +, David Ervine  +, Carmel Hanna  +, Tom Hartley  +, Máire Hendron  +, Mervyn Jones  +, Bernie Kelly  +, Jim Kirkpatrick  +, Daniel Lavery  +, Naomi Long  +, Alban Maginness  +, Alex Maskey  +, Paul Maskey  +, Francis McCann  +, Nelson McCausland  +, Margaret Mary McClenaghan  +, Frank McCoubrey  +, Michael McGimpsey  +, Margaret McKenzie  +, Christine Mhic Giolla Mhín  +, Marie Moore  +, Cathal Mullaghan  +, Carál Ní Chuilín  +, Gerard O'Neill  +, Peter Joseph O'Reilly  +, Jim Rodgers  +, David Rodway  +, Hugh Smyth  +, Christopher Stalford  +, Bob Stoker  +, and Sammy Wilson  +
Meeting date 2 October 2006  +
Meeting of Council  +
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