This is an opportunity for Members of Council to ask the Mayor, Members of the Executive or the Chair of any Committee or Sub-Committee a question on notice under Procedure Rule 10.2.

The Mayor reported that 6 questions had been received under Procedure Rule 10.2.

(a)    Councillor Chilton asked the following question for which he had given notice:

“Please can the Executive Member advise who would be liable if damage results, such as a tree falling, from a piece of common land (namely the green areas on the Newgate Road estate in Sale), where the ownership is disputed between the Council and the original developer?”

Councillor Adshead, the Executive Member for Environment, Air Quality and Climate Change advised that the land in question was not common land and that the Council was not aware of a dispute over ownership of the land, owned and developed in the 1970s by George Wimpey and Company, now Carrillion Construction Limited, which was in liquidation. Any transfer of land to the Council would have been registered and since it had not been recorded, the Council could only assume the land and responsibility for the trees still lay with Carrillion. It was possible that a Section 52 (now 106) Agreement could have been made but neither party had any record of this. The Council had statutory powers to deal with dangerous trees but this did not translate to a general liability for trees on land it does not own.

In light of the response, Councillor Chilton asked as a supplementary question, whether the Council could either compel the owner to make sure the land was properly maintained or do everything in its own power, including regular inspections, to ensure that the trees did not become a danger given how close they were to residential properties. Mindful of the statutory powers should a tree become dangerous, Councillor Adshead advised that he would consult with officers and provide a response on possible action.

(b)    Councillor Mrs. Young asked the following question for which she had given notice:

“Over the past three years Trafford Clinical Commissioning Group (CCG) has gone through a number of changes in its management culminating in an amalgamation with Trafford Council in April this year with our Chief Executive being the Accountable Officer.

We are now told that Trafford CCG will be managed by an interim, part time Accountable Officer from Salford together with Trafford’s Corporate Director of Commissioning.

Can you assure us that Trafford’s CCG will maintain its duties primarily to the citizens of Trafford during this changeover period?”

Councillor Lloyd, the Executive Member for Health and Wellbeing outlined the interim management arrangements and personnel and confirmed that the Governing Body and an overarching governing structure were in place. Councillor Lloyd assured Members that with the arrangements in place, the CCG’s duties to Trafford residents would be performed during the period.

With the understanding that an Accountable Officer would be working on a part-time basis, Councillor Mrs. Young asked as a supplementary question for an assurance that Trafford Council and Trafford CCG would work solely for the benefit of Trafford and its residents and not at the expense of another authority. Councillor Lloyd was assured that when working for Trafford the sole interest would be for Trafford and that all the Council wanted the best for the citizens of Trafford. 

(c)    Councillor Holden asked the following question for which he had given notice:

“As the Executive Member for Constitutional Reform and Resident Engagement appears to have sole control over recruitment and employment policy in this Council, and is responsible for transparency, could he confirm whether any severance payments were made following the resignation of the Chief Executive and Corporate Director for Resources, and if so will he confirm the amounts so that the taxpayers of Trafford know where their council tax is being spent?”

Since Human Resources fell within her portfolio, Councillor Hynes, the Deputy Leader and Executive Member for Equalities and Partnerships responded to the question and rejecting the premise that her Executive colleague had control over recruitment and employment policy for the Council, stated that all recruitment and employment decisions were taken entirely in line with the Council’s Constitution. For legal reasons Councillor Hynes was unable to comment in response to the specifics of Councillor Holden’s question but wished to advise the Council and assure Trafford residents that the decisions taken were in accordance with the Constitution, including adherence to the constitutional requirement that decisions regarding any settlement payments proposed in excess of £100,000 would have had to have been brought to Council.

As a supplementary question, Councillor Holden asked the Leader to share with Council the steps that had been taken to fill the void created by the departure of two senior officers at such short notice. Councillor Hynes declared that Members would be aware of a related report on the agenda and referred Councillor Holden to Item 11 “Appointment of Interim Chief Executive and Appointments to Corporate Leadership Structure”.

(d)    Councillor Michael Young asked the following question for which he had given notice:

“Please will Councillor Western confirm he has adopted the policy he announced when the GMCA allowance for the Leader of the Council was introduced in refusing to take this additional allowance?”

In response, the Leader of the Council, Councillor Andrew Western assumed that Councillor Michael Young was referring to the pledge in his Group’s 2015 Manifesto regarding the GMCA allowance at a time he was not the Leader of the Labour Group and when the previous Leader of the Council oversaw that pay rise, so it was unlikely he would have made that pledge himself. Councillor Andrew Western confirmed he had not refused the allowance, the reason being that his party were not elected in May 2015 but elected on the programme put to the electorate in May 2018. Concerning the remuneration of Council Members, Councillor Andrew Western wished to assure Councillor Michael Young that unlike his predecessor he would not be awarded a pay rise on his ascension to the Council Leadership.

Referring to an article in the Messenger newspaper on the matter, Councillor Michael Young asked as a supplementary question whether Councillor Western had deliberately misled voters in pursuit of power and it was now a case of one rule for one and one for others. Councillor Andrew Western referred again to the part of his previous answer where he chose to separate the award of one’s own pay rise from that of taking on a role where you are fully aware of the remuneration and accepting of that. The Leader reiterated that it was a pledge from 2015 not made in 2018 and referred to the perception of breaking those manifesto pledges not carried forward in relation to Councillor Michael Young’s own party. Councillor Andrew Western hoped he had illustrated that there was a distinction between making a manifesto pledge and being elected on that programme and acting accordingly and manifestos being replaced in successive election years.

(e)    Councillor Whetton asked the following question for which he had given notice:

“Would the Executive Member for Children’s Services please outline the Trafford Labour Group’s policy on Trafford’s Grammar Schools and High Schools and confirm that it has consulted all of the relevant schools?”

Councillor Baugh, Executive Member for Children’s Services declared that the policy was clear in supporting all Trafford children whatever school they attended and that from 1995-2004 her party had a proven record of investing in all the borough’s schools. The Executive Member indicated that Councillor Whetton would be aware that the Council had a duty to promote high standards of education and fair access to education for all its children and believed that the local authority should be judged, not only on its academic achievements of its most able pupils but also the achievements of its most vulnerable. Councillor Baugh stated that the Council must ensure that every child in the borough was provided with the very best opportunities that could be given to them in life and, as a Council, Trafford believed every child mattered.

Councillor Whetton asked as a supplementary question, whether Councillor Baugh would agree with him that the high standards of Trafford Secondary Schools in delivering chart-topping results for the borough’s young people was an integral part of the success of Trafford as an attractive and great place to live; causing it to stand out in Greater Manchester, the North West and nationally; delivering well educated and prepared future workers that brought high calibre employers paying good rates of pay and paying business rates; and to make any dismantling changes to the basis of the system of education would affect damaging shockwaves through an important element at the heart of Trafford. In response, Councillor Baugh considered that she had already answered the question in full and believed that all Members should work together for the future of the borough’s children and should support what is most important, the education, health and well-being of children, by working towards that together.

(f)     Councillor Mrs. Evans asked the following question for which she had given notice:

“Given the rise of antisemitism incidents which are of concern in areas like Trafford with a large Jewish Community, can the Executive Member for Equalities and Partnerships advise whether Trafford’s ruling Group are prepared to sign themselves and the Council up to the official definition of antisemitism drawn up by the International Holocaust Remembrance Alliance (IHRA)?”

Councillor Hynes, Executive Member for Equalities and Partnerships referred Councillor Mrs. Evans to the Motion “International Holocaust Remembrance Alliance Definition of Antisemitism” considered by the Council at its meeting on 11 October 2017 whereby it was unanimously agreed to adopt the definition. In addition, the Council pledged to combat this pernicious form of racism, condemned all forms of racism, islamophobia, homophobia and sexism and provided a commitment to fight against them (Minute No. 39 refers). Councillor Hynes thanked Councillor Mrs. Evans for raising the issue and was appalled at the rise of antisemitism, expressing shock and sadness at the recent attack in a Jewish cemetery in her own Urmston ward. It was a timely reminder that the Council was fully committed to fighting antisemitism and that all Members were signed up to the definition.

Mentioning that residents were concerned by the national Labour Party National Executive Committee’s decision the previous week not to adopt the definition, Councillor Mrs. Evans asked as a supplementary question whether the Leader of the Council could write to Jeremy Corbyn to highlight the position in Trafford and demand that the Labour Party adopt the definition, hoping that such a letter could be supported by the Liberal Democrat and Green Party Groups on the Council. Councillor Hynes indicated that in her role for the Council she did not have any influence over the definition adopted by the National Labour Party but wished to reiterate that the Trafford Labour Group and Trafford Council were signed up to the definition.