To receive any apologies for absence.

Apologies for absence were received on behalf of Councillors Stephanie Eaton, Marc Francis, Dr Emma Jones, Oliur Rahman and Gloria Thienel.

Apologies for absence were received on behalf of Councillors Stephanie Eaton, Marc Francis, Dr Emma Jones, Oliur Rahman and Gloria Thienel.

RESOLVED

That the apologies for absence be noted.

To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992.  See attached note from the Chief Executive.

Please see minutes.

Councillors made declarations of interest on items included on the agenda as follows:-

To confirm as a correct record of the proceedings the unrestricted minutes of the ordinary meeting of the Council held on 13^th July 2011.

DECISION

(1)      That the minutes of the ordinary meeting of the Council held on 13^th July 2011 be confirmed as a correct record of the proceedings and the Chair of Council be authorised to sign them accordingly.

(2)      That full details of the questions from Councillors and the public, with relevant answers, be included in the minutes in future.

(Action by: John S. Williams, Service Head, Democratic Services)

The Leader of the Majority Group commented that it had not been possible to consider items relating to questions from Councillors and the public at the last meeting, due to time constraints.  He expressed the view that all questions and replies thereto should be included in Council meeting minutes in future.  He also indicated that his Group would not on this occasion support the bringing forward of motions from their existing order on the agenda; to ensure that the report relating to the appointment of an Interim Chief Executive could be properly addressed.

RESOLVED

(1)      That the minutes of the ordinary meeting of the Council meeting held on 13^th July 2011 be confirmed as a correct record of the proceedings and the Chair of Council be authorised to sign them accordingly.

(2)      That full details of all questions from Councillors and the public, with relevant answers, be included in the minutes in future.

No announcements were made at the meeting.

No announcements were made at the meeting.

The deadline for receipt of petitions to be presented to this meeting is noon on Thursday 15^th September 2011. 

At the time of agenda despatch, one petition had been received as set out in the attached report.  Any further valid petitions received before the deadline will be notified to Members before the meeting.

5.1Petition from 265 local residents regarding commercial events in      Isle of Dogs parks

Mr Charles Eder addressed the meeting on behalf of the petitioners and responded to questions from Members.  Councillor Shahed Ali, Cabinet Member for Environment, then responded to the issues raised.

DECISION

That the petition be referred to the Corporate Director, Communities, Localities and Culture for a written response on any outstanding matters within 28 days.

(Action by: Stephen Halsey, Corporate Director, Communities, Localities and Culture)

5.2Petition from Mohammed Sanu Miah and others regarding the role of the First Citizen of the Borough

Mr Doros Ullah and Mr James King addressed the meeting on behalf of the petitioners and responded to questions from Members.  Councillor Alibor Choudhury, Cabinet Member for Resources, then responded to the issues raised.

DECISION

That the petition be referred to the Assistant Chief Executive (Legal Services) for a written response on any outstanding matters within 28 days.

(Action by: Isabella Freeman, Assistant Chief Executive [Legal Services])

5.3Petition from Brick Lane Market Traders and others regarding Trading Hours

Mr Suresh Unadcath and Mr Munir Bashir addressed the meeting on behalf of the petitioners and responded to questions from Members.  Councillor Shahed Ali, Cabinet Member for Environment then responded to the issues raised.

DECISION

That the petition be referred to the Corporate Director, Communities, Localities and Culture for a written response on any outstanding matters within 28 days.

(Action by: Stephen Halsey, Corporate Director, Communities, Localities and Culture)

5.1Petition from 265 local residents regarding commercial events in      Isle of Dogs parks

Mr Charles Eder addressed the meeting on behalf of the petitioners and responded to questions from Members. 

Councillor Shahed Ali, Cabinet Member for Environment, then responded to the issues raised.  He stated that a feasibility study was currently being carried out to look at which parks might be suitable for different types of activity and any programme of development would be conducted in a way that minimised the impact on residents.  It was intended to put an upper limit on the number of hirings in any one year for each of the parks used and no park would be completely shut to the public as hires would be restricted to designated areas within the park.  Events would be mostly family fun day events, such as promoted in Island Gardens for healthy eating, etc. Many boroughs were also in the position of having to make more use of parks to raise funds in view of savings that had to be achieved to meet Government cutbacks and protect front line services.

RESOLVED

That the petition be referred to the Corporate Director, Communities, Localities and Culture for a written response on any outstanding matters within 28 days.

5.2Petition from Mohammed Sanu Miah and others regarding the role of the First Citizen of the Borough

Mr Doros Ullah and Mr James King addressed the meeting on behalf of the petitioners and responded to questions from Members. 

Councillor Alibor Choudhury, Cabinet Member for Resources, then responded to the issues raised.  He commented that all Members agreed that sacrifices had to be made to meet cuts imposed by the Conservative Government.  The Council had agreed the savings that were required in the provision for receptions and other hospitality at the Town Hall.  Councillor Choudhury stated that the Elected Mayor did not stand on ceremony and believed that neither should the Chair of Council.  The previous Leader of the Council had spent funds on expanding the public gallery which would have been better spent on jobs. 

The Chair of Council stated that all Members should refrain from making political points in relation to the civic function.

At 8.03 p.m., due to disruption in the public gallery, the Chair of Council indicated that the meeting would be adjourned for five minutes.  

The meeting reconvened at 8.08 p.m., when the Chief Executive stated that the meeting would move to next business.

RESOLVED

That the petition be referred to the Assistant Chief Executive (Legal Services) for a written response on any outstanding matters within 28 days.

5.3Petition from Brick Lane Market Traders and others regarding Trading Hours

Mr Suresh Unadcath and Mr Munir Bashir addressed the meeting on behalf of the petitioners and responded to questions from Members. 

Councillor Shahed Ali, Cabinet Member for Environment then responded to the issues raised.  He stated that the Market Service agreed it would be beneficial to increase the  ...  view the full minutes text for item 5.

The questions which have been received from members of the public to be put at this meeting are set out in the attached report.

A maximum period of 20 minutes is allocated to this agenda item.

6.1       Question from Mr Abdullah Mahmud re: new legislation on the licensing of sexual encounter establishments (no supplementary question was asked)

6.2       Question from Mr Asad Uddin Khan re: progress in maintaining unity in diversity (in Mr Khan’s absence this question was put by Mr Aktaru Zaman)

6.3       Question from Ms Lil Collins re: Poplar Baths

The above questions and in each case (except where shown) an oral supplementary question were put and were responded to by the Mayor or the relevant Cabinet Member.

(Action by John S. Williams, Service Head, Democratic Services)

6.1       Question from Mr Abdullah Mahmud re: new legislation on the licensing of sexual encounter establishments

Could the Mayor explain the local authority’s approach to the new legislation on the licensing of sexual encounter establishments such as strip joints and lap-dancing clubs?

Response by Councillor Rania Khan, Cabinet Member for Culture:

I know that this is an important issue to many residents and that this borough has a history of campaigning on this.I myself was involved in the Overview and Scrutiny process in the council which helped to bring about a change in the national legislation.We know and share the concerns residents have around community safety, female exploitation and anti-social behaviour.

I am extremely pleased to say that under this administration the Council has agreed to adopt the new legislation.

This allows greater control over licensing of strip joints and lap-dancing clubs.The policy we have designed looks at the different areas in Tower Hamlets and judges their suitability for lap dancing clubs and strip joints.The policy looks at the number of schools, places of worship, parks and other facilities which are not suited to being located near such premises.The policy suggests that there are no places in the borough suitable for lap-dancing clubs and strip joints.

This is now out for consultation and I would urge all of you to fill it out and let us know your thoughts on the policy.If the consultation supports the policy, we will be able to implement a ‘nil’ policy both going forward and retroactively.

I am confident, that knowing the strength of feeling of residents around this issue that we will be able to rid the borough of these venues for good.This will make us one of the only boroughs in the country to have implemented such a policy.

No supplementary question was put.

6.2       Question from Mr Asad Uddin Khan re: progress in maintaining     unity in diversity (Note:  Mr Khan was unable to attend the Council Meeting and his question was put by Mr Aktaru Zaman):

I’d like to congratulate the Mayor on his stewardship of the campaign to ban the EDL’s hate march, and my question to him is where do we go from here in terms of maintaining our unity in diversity?

Response by Councillor Ohid Ahmed, Deputy Mayor:

We must continue to strengthen the ties that bind our communities together, and marginalise those who propagate messages of hate. Our No Place for Hate initiative is central to our work in this regard.

In relation to the EDL I think it is important we are pro-active in minimising the threat they pose to community cohesion.

To that end I am in communication with the police about ensuring its counter-extremism strategy is focusing on the threat of far-right extremism, and I am calling for the Home Secretary to have the power to ban static demonstrations that incite hate crimes.

Summary of supplementary question from Mr Zaman:  I  ...  view the full minutes text for item 6.

In accordance with the Council’s Constitution as amended, provision is made at each ordinary Council meeting for the Elected Mayor to give a report.

A maximum of five minutes is allowed for the Elected Mayor’s report, following which the Chair of Council will give the respective political group leaders an opportunity to respond for up to one minute each if they wish.

The Mayor made his report to the Council meeting. The Leader of the Majority Group and Leaders of the Minority Groups each responded briefly to the Mayor’s report.

The Mayor made his report to the Council meeting, extending a welcome to all present.

The Mayor announced that Councillor Maium Miah had resigned from the Conservative Group to support his progressive programme for the Borough.  He was delighted that Councillor Miah’s years of experience in the community would be put to use in an advisory capacity.

He added that, when the Council had last met, it had been principally concerned by the threat of public violence and he was very glad that the Metropolitan Police and the Home Secretary had heeded calls from Councillors and activists and had granted a ban on the proposed march by the English Defence League.  The Mayor paid tribute to the work of the Police in countering violence and also the Youth Service’s rapid response.  He thanked volunteers and local residents in resisting provocation.  The Mayor stressed the need to address measures to oppose extremism in the long term.  Accordingly, he welcomed motions proposed across the political spectrum containing positive suggestions in this regard.

The Mayor made the point that there would be a challenging few months for the Police arising from the recent riots across London but he was proud that there had been less of a problem in this Borough than in other areas, which reflected the pride with which local people regarded their community. 

Later on the agenda there would be discussion of the licensing of Sex Encounter establishments and the Mayor expressed the view that nowhere in Tower Hamlets was suitable for such premises: this was a generally-held consensus across the Borough.

The Mayor also commented upon the record GCSE results achieved in the Borough this year and added his congratulations to the young people and teachers who shared in the success.

In conclusion, the Mayor stated that this would be the last Council meeting to be attended by Dr Kevan Collins, who was leaving the post of Chief Executive.  He paid tribute to Dr Collins’ record of work in the Borough, from his first post as an aspiring teacher, then through the post of Corporate Director, Children’s Services and culminating in the position of Head of the Paid Service.  He expressed gratitude to Dr Collins for all his achievements for the Borough and wished him well in his future career. 

The Leader of the Majority Group and Leaders of the Minority Groups each responded briefly to the Mayor’s report.  All endorsed the Mayor’s comments regarding Dr Kevan Collins’ work for, and legacy to, the Borough.

The questions which have been received from Councillors to be put at this meeting are set out in the attached report.

A maximum period of 30 minutes is allocated to this agenda item.

8.1       Question from Councillor Khales Uddin Ahmed re: jobs for Tower Hamlets residents as a result of the Mayor’s agreement with LOCOG

8.2       Question from Councillor Craig Aston re: publication on the Tower Hamlets Website of details of premises with regulated entertainment and late night refreshment licences.

8.3       Question from Councillor Carlo Gibbs re: reductions in Third Sector organisations’ funding since April 2011.

8.4       Question from Councillor Fozol Miah re: the English Defence League (no supplementary question was asked)

8.5       Question from Councillor Joshua Peck re: the waiving of fees and charges for the Mela and other festivals

8.6       Question from Councillor Zara Davis re: disturbances in the Borough on 8^th August 2011.

8.7       Question from Councillor Helal Uddin re: any sales of Council owned, family sized homes

8.8       Question from Councillor Harun Miah re: academy status for Bethnal Green Technology College and Sir William Burrough Primary School (no supplementary question was asked)

8.9       Question from Councillor Motin Uz-Zaman re: information to tenants under the Decent Homes scheme

8.10   Question from Councillor Tim Archer re: the future of Cubitt Town library

8.11   Question from Councillor Md. Abdul Mukit re: use of S106 funding from development in Weavers Ward

The above questions and in each case (except where shown) a supplementary question were put and were responded to by the Mayor or relevant Cabinet Member.

Questions 8.12 to 8.29 were not put as the time allowed for this agenda item had expired.  Written responses will be provided to each question.

(Action by: John S. Williams, Service Head, Democratic Services)

8.1       Question from Councillor Khales Uddin Ahmed

Can the Mayor tell me how many jobs so far have been taken up by Tower Hamlets residents as a result of the deal made between him and LOCOG?

Response by Councillor Shafiqul Haque, Cabinet Member for Jobs and Skills

Following the agreement the Mayor made with LOCOG we are expecting to fill a minimum of 1,000 jobs through direct hire opportunities with LOCOG, and its contractors.

We have recently committed to filling a minimum of 1,371 interview slots with local residents with LOCOG contractors providing security, catering, cleaning, waste and retail services. Officers are working with residents to ensure they are interview ready so we can ensure that they are offered these jobs.

I am also pleased to report that a number of assessment days are being held, starting in October. This will allow for greater numbers of LBTH residents to gain an opportunity with LOCOG.

The number of residents who have already achieved jobs under the LOCOG agreement is:

• 24 residents have been given conditional, security guard, offers for the Olympic plaza and another 5 on the Olympic Village guarding the athletes bringing the total to 29.

I am confident the number will increase asrecruitment for LOCOG contractors starts to build up later on in the year reaching a peak next April 2012.

In addition we have 138 Tower Hamlets residents currently directly employed by LOCOG, this is the highest of any of the host boroughs.

Summary of supplementary question from Councillor Khales Uddin Ahmed:  Do you then agree that there is no guarantee of securing 1,000 jobs this year?

Summary of response by Councillor Shafiqul Haque:  It is the Mayor’s priority to have over 1,000 jobs filled by Tower Hamlets residents.  We will not just pay lip service to this priority but will take steps to ensure that our residents have access to the opportunities. 

8.2       Question from Councillor Craig Aston

What progress has been made in implementing the Motion which called for the full details of all premises, regulated entertainment and late night refreshment licenses to be published on the Tower Hamlets Website, which assumes ever greater importance to our residents with to the proposed changed in the licensing regime and the current consultation on sex establishments?

Response by Councillor Ohid Ahmed, Deputy Mayor

The register for all Licences issued under the Licensing Act 2003 is now all available on line on the Council's website.

Summary of supplementary question from Councillor Craig Aston:  My motion passed by Council on 27^th October 2010 set a deadline of 1^st January 2011 to have the information included on the Website and in response to my further request for progress on the matter at the last Council meeting I was told the end of July.  It is now mid-September, why were these deadlines not met?

Summary of response by Councillor Ohid Ahmed:  I will look into this matter and let you know.

8.3  ...  view the full minutes text for item 8.

There is no business to conduct under this agenda item.

There was no business under this heading.

There was no business under this heading.

There is no business to conduct under this agenda item.

There was no business under this heading.

There was no business under this heading.

To make appointments to two vacant positions of ‘Independent Member’ on the Standards Committee and two non-voting Co-opted Members on the Pensions Committee in accordance with the Council’s Constitution.  The report of the Service Head, Democratic Services is attached.

DECISION

1.         That the following persons be appointed as Independent Members of the Standards Committee, each to serve a three year term of office expiring on the date of the Annual Council meeting in 2014, subject to annual confirmation by the Council:-

-          Mr Denzil Johnson (new appointment); and

-          Mr Eric Pemberton (re-appointment)

2.         That the following persons be re-appointed as non-voting co-opted members of the Pensions Committee for the remainder of the municipal year 2011/12:-

-          Mr Frank West (Trade Union representative); and

-          Mr John Gray (Admitted Bodies representative)

(Action by: John S. Williams, Service Head, Democratic Services)

The Council considered the report of the Service Head, Democratic Services, as included in the agenda papers, recommending the appointment of two persons as Independent Members of the Council’s Standards Committee and two persons as non-voting Co-opted Representatives on the Pensions Committee in accordance with the Council’s Constitution.  

Councillor Ohid Ahmed MOVED and Councillor Alibor Choudhury SECONDED the recommendations contained in the report.”

Following discussion, the recommendations were put to the vote and were agreed unanimously.  Accordingly, it was:-

RESOLVED

1.         That the following persons be appointed as Independent Members of the Standards Committee, each to serve a three year term of office expiring on the date of the Annual Council meeting in 2014, subject to annual confirmation by the Council:-

-          Mr Denzil Johnson (new appointment); and

-          Mr Eric Pemberton (re-appointment)

2.         That the following persons be re-appointed as non-voting co-opted members of the Pensions Committee for the remainder of the municipal year 2011/12:-

-          Mr Frank West (Trade Union representative); and

-          Mr John Gray (Admitted Bodies representative)

To agree the establishment of a Standing Joint Health Overview and Scrutiny Committee for Inner North-East London.  The report of the Service Head, Democratic Services is attached.

DECISION

1.         That the Council agree the establishment of a Standing Inner North East London Joint Overview and Scrutiny Committee, comprising the London Boroughs of Tower Hamlets, Newham, Hackney and the City of London to consider those health matters where a substantial variation or development to health services covers more than one local authority area, in accordance with the Terms of Reference (Appendix A) and Procedure Rules (Appendix B) attached to the report of the Service Head, Democratic Services.

2.         That Tower Hamlets appoint three Members to serve on the Joint Overview and Scrutiny Committee and the Overview and Scrutiny Committee be delegated authority to make those appointments from amongst the members of the Overview and Scrutiny Committee and the Health Scrutiny Panel in accordance with the required political proportionality on behalf of the Council.

3.                  That the Monitoring Officer be authorised to make any necessary amendments to the Council’s Constitution pursuant to the establishment of the Standing Joint Overview and Scrutiny Committee.

(Action by: John S. Williams, Service Head, Democratic Services)

The Council considered proposals to establish a Standing Inner North East London Joint Overview and Scrutiny Committee (JOSC), comprising the London Boroughs of Tower Hamlets, Newham, Hackney and the City of London, together with proposals to delegate to the Overview and Scrutiny Committee authority to appoint Tower Hamlets’ representatives to the Joint Committee.  The report of the Service Head, Democratic Services, was contained in the agenda papers circulated for the meeting.

Councillor Ann Jackson MOVED and Councillor Rachael Saunders SECONDED the recommendations in the report. 

Following discussion, the recommendations were put to the vote and were agreed unanimously.  Accordingly, it was -

RESOLVED

1.         That the Council agree the establishment of a Standing Inner North East London Joint Overview and Scrutiny Committee, comprising the London Boroughs of Tower Hamlets, Newham, Hackney and the City of London to consider those health matters where a substantial variation or development to health services covers more than one local authority area, in accordance with the Terms of Reference (Appendix A) and Procedure Rules (Appendix B) attached to the report of the Service Head, Democratic Services.

2.         That Tower Hamlets appoint three Members to serve on the Joint Overview and Scrutiny Committee and the Overview and Scrutiny Committee be delegated authority to make those appointments from amongst the members of the Overview and Scrutiny Committee and the Health Scrutiny Panel in accordance with the required political proportionality on behalf of the Council.

3.                  That the Monitoring Officer be authorised to make any necessary amendments to the Council’s Constitution pursuant to the establishment of the Standing Joint Overview and Scrutiny Committee.

To undertake a review of proportionality and agree the allocation of places on committees and panels following a change in the political composition of the Council.  The report of the Service Head, Democratic Services is attached.

DECISION

1.         That the review of proportionality at paragraph 3 of the report of the Service Head, Democratic Services be noted and the Council agree the allocation of seats on committees and panels established for the remainder of the Municipal Year 2011/12 as set out at paragraph 4.2 of the report.            

2.         That Members and deputies be appointed to serve on those committees and panels in accordance with nominations from the political groups to be notified to the Assistant Chief Executive (Legal Services).

3.                  That the Assistant Chief Executive (Legal Services) be authorised to approve the appointment of ungrouped Councillors to any committee places not allocated by the Council to a political group.

(Action by: John S. Williams, Service Head, Democratic Services)

The Council considered proposed new allocations of places on Committees and other bodies covered by the proportionality requirements in the Local Government & Housing Act 1989, following Councillor Maium Miah’s notification to the Chief Executive on 28^th July 2011 that he was no longer a member of the Conservative Group on the Council and would henceforth serve as an independent Councillor.  The report of the Service Head, Democratic Services, was included in the agenda papers circulated for the meeting.

Councillor Ohid Ahmed MOVED and Councillor Alibor Choudhury SECONDED the recommendations in the report. 

Following discussion, the recommendations were put to the vote and were agreed with no Member voting against.  Accordingly, it was:-

RESOLVED

1.         That the review of proportionality at paragraph 3 of the report of the Service Head, Democratic Services be noted and the Council agree the allocation of seats on committees and panels established for the remainder of the Municipal Year 2011/12 as set out at paragraph 4.2 of the report.            

2.         That Members and deputies be appointed to serve on those committees and panels in accordance with nominations from the political groups to be notified to the Assistant Chief Executive (Legal Services).

3.                  That the Assistant Chief Executive (Legal Services) be authorised to approve the appointment of ungrouped Councillors to any committee places not allocated by the Council to a political group.

To agree arrangements for the appointment of the Council’s representatives to London Councils committees and forums.  The report of the Service Head, Democratic Services is attached.

The recommendations in the report of the Service Head, Democratic Services were put to the vote and were defeated.

DECISION

That the recommendation contained in the report, regarding proposals for appointment of the authority’s representatives to the various committees and forums of London Councils, be not approved.

[Note:  The effect of the above decision is that the appointment of this authority’s representatives to the committees and forums of London Councils will continue to be a function of the Council or the General Purposes Committee.  In making those appointments the Council or General Purposes Committee will consider any nominations made by the Mayor.]

(Action by: John S. Williams, Service Head, Democratic Services)

The Council considered the report of the Service Head, Democratic Services, as included in the agenda papers for the meeting, recommending that appointments to committees and forums of London Councils be made by the Mayor.    

Councillor Ohid Ahmed MOVED and Councillor Alibor Choudhury SECONDED the recommendation in the report.

Following debate, the recommendations were put to the vote and were defeated.  Accordingly, it was -

RESOLVED

That the recommendation contained in the report, regarding proposals for appointment of the authority’s representatives to the various committees and forums of London Councils, be not approved.

[Note:  The effect of the above decision is that the appointment of this authority’s representatives to the committees and forums of London Councils will continue to be a function of the Council or the General Purposes Committee.  In making those appointments the Council or General Purposes Committee will consider any nominations made by the Mayor.]

To confirm the appointment of the Interim Chief Executive (Head of Paid Service).   The report of the Monitoring Officer is attached.

Councillor Joshua Peck moved, and Councillor Motin Uz-Zaman seconded, a tabled amendment to the recommendations contained in the report of the Monitoring Officer.  The amendment was agreed as set out in the resolution below.

DECISION

This Council notes:

• That under the Local Government and Housing Act 1989 the recruitment and appointment of the Council’s Head of Paid Service is the responsibility of Full Council

• That the council’s constitution has designated the Chief Executive as the Head of Paid Service

• That under the council’s constitution recruitment of chief officers, including the Chief Executive, is a function of Full Council

• That therefore the appointment of the Chief Executive is both legally and constitutionally a function of Full Council

• That this applies to both interim and permanent appointments.

• That the Mayor made an announcement on 26 July that he had appointed an Interim Chief Executive and a Deputy Chief Executive

• The Mayor has no power to appoint the Chief Executive

This Council believes:

• That engagement to all Chief Officer positions in the council should be transparent and fair, and through the normal Chief Officer recruitment process overseen by HR Committee 

• That the Council has not been involved in the consideration of who will fill the interim Chief Executive position

• That nonetheless Aman Dalvi has a strong record in his current role as Corporate Director for Development and Renewal and would be an appropriate appointment to the interim position.

This Council further notes:

• That on appointment of Aman Dalvi to the Interim Chief Executive position, his substantive post will need to be back-filled by an interim

• Four of seven positions on the Corporate Management Team will then be interims

• That the Executive has a place on the Appointments Sub-Committee to undertake the recruitment process.

This Council further believes:

·        The Chief Executive is the most important position in the Council and should be filled by a permanent appointment as soon as possible, ideally within six months.

·        That such a high number of interims in the CMT is a matter of concern and should be reviewed by Council

This Council therefore resolves:

• To appoint Aman Dalvi to the position of Interim Chief Executive, with effect from 26 September 2011, until the date on which a new permanent Chief Executive takes up his/her post, allowing for a handover period of no more than one month beyond that date, subject to a maximum period as Interim of six months.

• That in the event that a permanent Chief Executive is not appointed by the end of a six months period Full Council will consider an extension to Aman Dalvi’s period as Interim.

·        That engagement of Chief Officers, to permanent positions or interim positions of over three months, will be through the normal recruitment process overseen by the HR Committee.

·        That the HR Committee will convene at 7pm on Wednesday 28 September to commence the process of recruiting a permanent Chief Executive.

·        That the Mayor will be invited to take the Executive position on the panel established by the HR  ...  view the full decision text for item 11.5

The Council considered the report of the Monitoring Officer proposing the confirmation of the appointment of an Interim Chief Executive (Head of the Paid Service) as required by section 4 of the Local Government & Housing Act 1989, following the resignation of Dr Kevan Collins from the post of Chief Executive.

Councillor Ohid Ahmed MOVED and Councillor Alibor Choudhury SECONDED the recommendations in the report.

Councillor Joshua Peck  MOVED and Councillor Motin Uz-Zaman SECONDED a tabled amendment as follows:-

“This Council notes:

• That under the Local Government and Housing Act 1989 the recruitment and appointment of the Council’s Head of Paid Service is the responsibility of Full Council

• That the council’s constitution has designated the Chief Executive as the Head of Paid Service

• That under the council’s constitution recruitment of chief officers, including the Chief Executive, is a function of Full Council

• That therefore the appointment of the Chief Executive is both legally and constitutionally a function of Full Council

• That this applies to both interim and permanent appointments.

• That the Mayor made an announcement on 26 July that he had appointed an Interim Chief Executive and a Deputy Chief Executive

• The Mayor has no power to appoint the Chief Executive

This Council believes:

• That engagement to all Chief Officer positions in the council should be transparent and fair, and through the normal Chief Officer recruitment process overseen by HR Committee 

• That the Council has not been involved in the consideration of who will fill the interim Chief Executive position

• That nonetheless Aman Dalvi has a strong record in his current role as Corporate Director for Development and Renewal and would be an appropriate appointment to the interim position.

This Council further notes:

• That on appointment of Aman Dalvi to the Interim Chief Executive position, his substantive post will need to be back-filled by an interim

• Four of seven positions on the Corporate Management Team will then be interims

• That the Executive has a place on the Appointments Sub-Committee to undertake the recruitment process.

This Council further believes:

·        The Chief Executive is the most important position in the Council and should be filled by a permanent appointment as soon as possible, ideally within six months.

·        That such a high number of interims in the CMT is a matter of concern and should be reviewed by Council

This Council therefore resolves:

• To appoint Aman Dalvi to the position of Interim Chief Executive, with effect from 26 September 2011, until the date on which a new permanent Chief Executive takes up his/her post, allowing for a handover period of no more than one month beyond that date, subject to a maximum period as Interim of six months.

• That in the event that a permanent Chief Executive is not appointed by the end of a six months period Full Council will consider an extension to Aman Dalvi’s period as Interim.

·        That engagement of Chief Officers, to permanent positions or interim positions of over three months, will be through the normal recruitment process overseen by  ...  view the full minutes text for item 11.5

The motions submitted by Councillors for debate at this meeting are set out in the attached report.

12.3    English Defence League

Councillor Joshua Peck moved, and Councillor Rachael Saunders seconded, the motion as printed in the agenda.

Councillor Kabir Ahmed moved, and Councillor Shahed Ali seconded, a tabled amendment to the motion which was put to the vote and was defeated.

Councillor Shahed Ali moved, and Councillor Alibor Choudhury seconded, a further tabled amendment which was put to the vote and was defeated.

The substantive motion as printed in the agenda was then put to the vote and was agreed as set out below.

DECISION

Tower Hamlets Council notes:

·        That the English Defence League (EDL) is a racist organisation whose main activity is street demonstrations against the Muslim community. Although it claims only to oppose Islamic extremism it targets the entire Muslim community and its actions deliberately seek to whip up tensions and violence between Muslim and non-Muslim communities.

·        That following a motion brought to Full Council by the Labour Group, all politicians in Tower Hamlets united to campaign for a ban on the proposed EDL march on the 3rd September

·        That the EDL were still able to hold a static demonstration, although the area designated for their demonstration was in the City of London, not Tower Hamlets

·        That the most significant disturbance on the day happened when an EDL coach drove through Stepney and Mile End.

Tower Hamlets Council believes:

·        That the EDL do not represent the views of the people of Tower Hamlets

·        That the EDL are not welcome in Tower Hamlets

·        That the decision of the Metropolitan police to apply for a ban and the Home Secretary to grant it is welcome

·        That it is only because the march was banned and the demonstration heavily policed that serious disturbance was avoided.

·        That the EDL have no point of legitimate political protest-their objectives are to spread their hatred and cause disruption and violence

·        That a march can be banned on the basis of potential serious public disorder.

·        That even if a static demonstration is considered likely to cause such disorder it cannot be banned.

·        That this is the first time the Metropolitan police has applied to ban a march since the legislation granting these powers was passed in 1983, and that the power to ban a march or demonstration should only be used in extreme circumstances. 

Tower Hamlets Council resolves:

·        To review the policing and management of the demonstration and counter demonstration

·        To campaign for a change in the law to allow static demonstrations to be banned through the same procedure as bans on marches.

(Action by: Isabella Freeman, Assistant Chief Executive [Legal Services])

Change to Order of Business

At the commencement of this section, Councillor Motin Uz-Zaman MOVED, and Councillor Joshua Peck SECONDED, a procedural motion – “That under Procedure Rule 14.1.3 the motions submitted by Members of the Council be considered in the following order: 12.6; 12.3; 12.8; 12.10; 12.12; 12.14; 12.16; and then the other motions in order as printed in the agenda.”

The procedural motion was put to the vote and was agreed.

12.6    Sex Establishments

Councillor Rachael Saunders MOVED, and Councillor Helal Abbas SECONDED, the motion as printed in the agenda.

Following debate, the motion was put to the vote and was unanimously agreed by the Council.  Accordingly it was:-

RESOLVED

This Council notes:

·        That the Labour government passed legislation to give local people greater control over the number of sex establishments permitted in their area, through granting greater powers to local authorities

·        That in the Independent Mayor's introduction to the consultation on Sex Establishments, he says that "legislation does not allow a ban on sex establishments for moral or equalities reasons".

·        That the legislation does allow for impact on localities to be considered in making decisions about sex establishments. 

This Council believes:

·        That the campaign for this legislation was clearly driven by a gender equality campaign, as well as through anti social behaviour and other considerations;

·        That the Council is bound by public sector equalities duties, which place a responsibility on us to promote equality between women and men.  The operation of sex establishments is clearly gendered, and the promotion of our duty to gender equality should be at the heart of the implementation of this policy;

·        That sex establishments are only a symptom of a structural gender inequality in our society;

·        That in a densely populated residential area any sex establishment in any locality will have an impact on women.   

This Council resolves:

·        To continue to support a zero tolerance approach to sex establishments in Tower Hamlets on the grounds that such establishments are inconsistent with our commitment to gender equality and cause anti social behaviour.

·        To recognise that an opposition to sex establishments must operate alongside a commitment to projects that support women in exiting the sex industry, and tackling other causes and symptoms of gender inequality such as domestic violence, sexual abuse and body image.

12.3    English Defence League

Councillor Joshua Peck MOVED, and Councillor Rachael Saunders SECONDED, the motion as printed in the agenda.

Councillor Kabir Ahmed MOVED, and Councillor Shahed Ali SECONDED a tabled amendment to the motion as follows:-

“Under ‘Tower Hamlets Council Resolves’, final bullet point, add after ‘static demonstrations’: ‘where they incite hate crimes’.”

During debate on the amendment, Councillor Joshua Peck moved, and Councillor Motin Uz-Zaman seconded, a procedural motion – “That under Procedural Rule 14.1.10 the question be now put.”  The procedural motion was put to the vote and was agreed.

The amendment moved by Councillor Kabir Ahmed was accordingly put to the vote and was defeated.

Councillor  ...  view the full minutes text for item 12.