Agenda and minutes

The Chief Commoner welcomed a new Alderman, Alastair John Naisbitt King, to his first meeting of the Court of Common Council as an Alderman. Alderman King was heard in reply.

Peter Gordon Bennett, lately elected to be of the Common Council for the Ward of Walbrook, was also introduced to the Court and, having previously made the declaration prescribed by the Promissory Oaths Act, 1868, took his seat.

The apologies of those Members unable to attend this meeting of the Court were noted.

Those Members who served on the Board of Governors of the Museum of London declared an interest in respect of item 27.

To agree the minutes of the meeting of the Court of Common Council held on 13 October 2016.

Resolved – That the Minutes of the last Court are correctly recorded.

To pass the Vote of Thanks, read informally at the last meeting of the Court, to the late Lord Mayor. 

Resolved unanimously - that the Members of this Court take great pleasure in expressing to:

Alderman Jeffrey Evans, the Lord Mountevans

their sincere thanks for the distinguished way in which he has carried out the varied demands of the Office of Lord Mayor of the City of London.

His extensive travels throughout the year, to more than 25 countries and numerous cities and towns within the UK itself, have seen him advocate passionately and effectively on behalf of the UK’s financial and professional services sectors, highlighting the role of the City and the UK as an incubator for dynamic and emerging industries.

He has also been able to use his strong shipping background to promote particularly the maritime sector, including the contribution of that industry to both the City and the UK’s economy. Whether through his participation at Posidonia – the world’s largest shipping conference – or through high-level engagement with both the sector and Government, he has been able to further cement the UK’s pre-eminence in the field.

The Lord Mayor has acted as host at many special occasions in Guildhall and Mansion House during the past year and will look back, with particular pride, on his role in Her Majesty the Queen’s 90^th Birthday celebrations at St Paul’s Cathedral and Guildhall. As well as the magnificent State Banquet for the President of Colombia, he has also hosted a large number of high-profile visitors to Mansion House, including the Prime Minister of Malaysia and the Presidents of Chile and Madagascar.

His colleagues on this Court also wish to pay tribute to Juliet, the Lady Mayoress, who has herself undertaken a varied programme with passion and commitment. We express our gratitude for all her contributions.

In taking their leave of Jeffrey, their 688^th Lord Mayor, Honourable Members reflect

Resolvedunanimously - that the sincere thanks of this Court be extended to

Gordon Warwick Haines

Formerly Alderman of the Ward of Queenhithe, for his dedication and service over the past twelve years.

On taking their leave of Gordon, his colleagues on this Honourable Court would like to express their gratitude and very best wishes for a long, happy and healthy retirement from civic life in the City.

Resolvedunanimously - that this Honourable Court wishes to extend to

Lucy Roseanne Frew

its sincere gratitude for her much valued service as a Member for the Ward of Walbrook.

Elected as a Common Councilman in April 2013, Lucy served on a range of Corporation Committees during her term of office, including the Board of Governors of the Guildhall School of Music & Drama, the Police Committee and the Culture Heritage & Libraries Committee. She also served as the Finance Committee’s representative on the Barbican Centre Board for the past three years and was a Donation Governor for Christ’s Hospital.

The Members of this Honourable Court would therefore wish to take this opportunity to express their sincere appreciation for her efforts and their very best wishes for her future good health and happiness.

The Right Honourable The Lord Mayor to report on his recent overseas visits.

The Right Honourable the Lord Mayor reported on his recent overseas visits to Kuwait, Malta and Qatar.

To receive a statement from the Chairman of the Policy and Resources Committee concerning…

There was no statement.

There were no documents to be sealed.

To consider a circulated list of applications for the Freedom of the City.

The Chamberlain, in pursuance of the Order of this Court, presented a list of the under-mentioned, persons who had made applications to be admitted to the Freedom of the City by Redemption:-

To receive a report setting out measures introduced into Parliament which may have an effect on the services provided by the City Corporation.

The Court received a report on measures introduced by Parliament which might have an effect on the services provided by the City Corporation as follows:-

The Town Clerk to report the outcome of a ballot taken at the last Court:

Where appropriate:-

 *   denotes a Member standing for re-appointment;

¬ denotes appointed.

One Member to the Board of Governors of the Museum of London.

The Town Clerk reported the results of a ballot taken at the last Court, as follows:-

One Member to the Board of Governors of the Museum of London

Read.

Whereupon the Lord Mayor declared Alderman Alison Gowman to be appointed to the Board of Governors of the Museum of London.

To consider the following appointments:

(A)         One Member on the Police Committee, for the balance of a term expiring in April 2018.

Nominations received:-

John Alfred Barker, OBE, Deputy

Keith David Forbes Bottomley

Robert Allan Merrett, Deputy

(B)         One Member on the Hampstead Heath, Highgate Wood & Queen’s Park Committee, for the balance of a term expiring in April 2019.

Nominations received:-

John Tomlinson, Deputy

The Court proceeded to consider appointments to the Police Committee and the Hampstead Heath, Highgate Wood and Queen’s Park Committee.

(A)      Police Committee (one vacancy for the balance of a term expiring in April 2018).

Nominations received:-

          John Alfred Barker, O.B.E., Deputy

          Keith David Forbes Bottomley

          Robert Allan Merrett, Deputy

Read.

The Court proceeded, in accordance with Standing Order No.10, to ballot on the vacancies. The Lord Mayor appointed the Chief Commoner and the Chairman of the Finance Committee, or their representatives, to be the scrutineers of the ballot.

Resolved – That the votes be counted at the conclusion of the Court and the result printed in the Summons for the next meeting.

(B)      Hampstead Heath, Highgate Wood and Queen’s Park Committee (one vacancy for the balance of a term expiring April 2019).

          Nominations received:-

          John Tomlinson, Deputy

Read.

Whereupon the Lord Mayor declared Deputy John Tomlinson to be appointed to the Hampstead Heath, Highgate Wood and Queen’s Park Committee.

Provision of lights to cyclists

In the absence of Deputy Alex Deane, who had given notice of a question to the Chairman of the Planning and Transportation Committee concerning a recent cycle safety campaign, the Lord Mayor directed that pursuant to Standing Order 13(3) the question be put by the Town Clerk.

In response, the Chairman provided an outline of the City Corporation’s recent ‘Light Angels’ campaign, which had been a joint initiative with the City of London Police.  This campaign involved the provision of free lights to cyclists and was held on the two evenings after the clocks had gone back, when there were a number of cyclists who were likely to be cycling home at dusk for the first time and who might have forgotten their lights. The aim of the campaign had been to raise awareness of the legal requirement to have lights and strengthen enforcement activity in the wake of this, thereby improving safety for all road users, not just cyclists. The enforcement phase was now in place and those caught offending would be issued with a fixed penalty notice or offered attendance at a full training event, which covered rules for cyclists and provided a range of other training and education to improve their safety and wellbeing.

Electronic Voting

Brian Mooney asked a question of the Chairman of the Policy and Resources Committee regarding the potential introduction of electronic voting in the City.

In reply, the Chairman echoed the sentiment that e-voting was a logical and welcome next step in increasing democratic participation, but observed the various legal and technical issues that currently barred further progress in this area. Notwithstanding the amendments to primary legislation which would be required, the various technical barriers and cost implications of seeking to develop a secure and standalone system

(A)      By Alastair Michael Moss, Deputy

          “That the Resolution of Thanks to the late Lord Mayor, passed by Common Hall on 29 September last, be presented in a form agreeable to him?”

(B)      By Elizabeth Rogula, Deputy

          “That the Resolution of Thanks to Charles Edward Beck Bowman, Alderman and Grocer and Dr Christine Holliday Rigden, Citizen and Constructor, the late Sheriffs of the City, passed by Common Hall on 29 September last, be presented in a form agreeable to them?”

a)  Resolved Unanimously – That the vote of thanks to the late Lord Mayor, read at Common Hall on 29^th September last, be presented in a form agreeable to him.

b)  Resolved Unanimously – That the vote of thanks to Charles Edward Beck Bowman, Alderman and Grocer and Dr Christine Holliday Rigden, Citizen and Constructor, the late Sheriffs of the City, read at Common Hall on 29^th September last, be presented in a form agreeable to them.

c)  Motion – That Peter Gordon Bennett be appointed to the Culture, Heritage & Libraries Committee and the Planning & Transportation Committee, the latter in the room of Deputy James Thomson; and that Deputy James Thomson be appointed to the Finance Committee, both for the Ward of Walbrook?

Several Members spoke to express their concerns that there might be a perceived conflict of interest should Mr Bennett, as the former City Surveyor, serve on the Planning & Transportation Committee given his connections with some on-going developments. Whilst noting that there was no legal reason preventing him from serving and recognising the significant benefits that his expertise could bring to the Committee, it was nevertheless suggested that it would be prudent for there to be a “break period” prior to Mr Bennett joining the Committee in order to allay any potential concerns around conflicts of interest. The example of former City of London Police Commissioner Perry Nove was cited, with Mr Nove having declined to pursue a place on the Police Committee for a period of two years following his election. Noting the concerns raised and the suggestions made, Deputy Thomson agreed to amend his Motion accordingly.

Amendment - That Peter Gordon Bennett be appointed to the Culture, Heritage & Libraries Committee and that Deputy James Thomson be appointed to the Finance Committee, both for the

There was no report.

To consider reports of the Policy and Resources Committee as follows:

POLICY AND RESOURCES COMMITTEE

(Mark Boleat)

(A) The City of London Corporation Brexit Strategy – providing an overview of the City Corporation’s activity since the EU Referendum and seeking endorsement of a proposed work programme.

For Decision

17 November 2016

(A)   The City of London Corporation Brexit Strategy

Following the referendum on the UK’s membership of the European Union, the City of London Corporation had been undertaking significant activity to support the financial and professional services industry and ensure London remains the world’s leading international financial centre. This paper provided Members with an overview of the strategic objectives of this work, and the activity that had taken place. Members were recommended to endorse the work programme to support the UK-based financial and professional services industry following the referendum on the UK’s membership of the EU.

The Chairman of the Board of Governors of the Guildhall School of Music & Drama took the opportunity to express his significant concerns as to the prospective impact of student visa restrictions and increased study costs for students from the EU, which were likely to deter or prevent some of the best candidates from applying and risk damaging the School’s world-leading status. Other Members took the opportunity to ask about plans for increased engagement with Commonwealth nations and to suggest that the next periodic review of Members’ interests and expertise include a request relative to Brexit activity and the work programme and engagement outlined in the report.

In reply, the Chairman outlined various instances of increased Commonwealth engagement that the City Corporation had participated in over the recent period and offered to bring back a report providing a general update on Commonwealth engagement in due course.

Resolved – That the work programme to support the UK-based financial and professional services industry following the referendum on the UK’s membership of the EU be endorsed.

(B)City Franchise – setting out the legal position in respect of the City’s franchise as it relates to users of shared office space and proposing further engagement with this category of constituent.

For Decision

6 October 2016

(A)   The City Franchise

At the Court meeting on 12 May 2016, the issue of whether the current electoral registration process included those businesses in the City which operated on the basis of using shared office space was discussed. Whilst Members were advised that under the terms of the City of London (Various Powers) Act 1957, qualifying bodies including sole traders and partnerships must occupy premises as owner or tenant to be eligible to register, it was nevertheless acknowledged that the way in which businesses operated was evolving. As a consequence, the Chairman of the Policy and Resources Committee gave an undertaking that the issue would be explored further and that a report on the findings, including possible changes to primary legislation, would be presented to the Court by the end of the year.

Having now further explored the issue of whether people or businesses who occupied serviced and shared office space were eligible to register and vote, it had been concluded that occupying premises in this way represented a license rather than a tenancy and, as such, under the current franchise arrangements, clients would not be eligible to register. Noting that to change the current franchise arrangements would require primary legislation, in light of the timescale and risks associated with that route at the present time the Policy and Resources Committee had not supported this course of action. It was therefore recommended that the decision not to take action to seek primary legislation to amend the City’s franchise be endorsed and this new category of constituent, who whilst not eligible to register and vote, should be engaged with.

Resolved – That the decision not to take action to seek primary legislation to amend the City’s franchise be endorsed.

(C) Strengthening the City Corporation’s Representative and Promotional Work in Asia – proposing the creation of a new post to strengthen the City Corporation’s activities in Asia.

For Decision

17 November 2016

(C) Strengthening the City Corporation’s Representative and Promotional Work in Asia

The Court considered a proposal to enhance the City Corporation’s international engagement through the creation of a new Special Representative for Asia, similar to the one that was currently in place for Europe. It was envisaged that this new post would engage senior officials and regulators in Asia to influence policies, developing long-term relationships for the City.

The Court was consequently recommended to approve the creation of a new fixed-term post of Special Representative to Asia, as well as the recruitment process for the post set out in the report.

Introducing the report, the Chairman noted that the additional resources required for the appointment of the Special Representative would be met from the £2.55m uplift that was granted for additional promotional work in July 2016. Given the high-profile nature of the role, it was considered that it would be necessary to “head-hunt” the ideal candidate, who would then be assessed by an interview panel.

A Member expressed concerns over the prospect of only interviewing a single candidate for a role of such importance. Given the marked difference between the China and India markets, it was also queried whether it would be appropriate for a single individual to cover both.

In response, the Chairman clarified that the role was anticipated to be more China-focused, but observed that both markets were very important and that there would be flexibility and resource to respond to need in both markets. With respect to the interviewing of a single candidate, he cautioned that there was a very limited pool of suitable candidates and that the availability of multiple candidates for such a role was likely to be limited. The panel would of course consider whether there were any other plausible

(D)      IT Division Budget – recommending an uplift to the IT Division budget for 2016/17.

For Decision

17 November 2016

(D) IT Division Budget

Work undertaken by the IT Division to understand the current state of the IT infrastructure had identified the need for a significant increase in resources. The IT Division had therefore requested an in-year uplift of £2.8m to enable all commitments to be met and additional work to stabilise infrastructure and lower risk. Such an in-year uplift required the consent of the Court and the proposal was supported by the Finance Committee and members of its IT Sub-Committee, as well as the Policy and Resources Committee.

It was consequently recommended that Members approve an uplift of £2.8m to the IT Division budget in 2016/17.

Resolved – That an uplift of £2.8m to the IT Division budget in 2016/17 be approved.

To note the prior approval of the listed applications for the use of Guildhall.

HOSPITALITY WORKING PARTY OF THE POLICY AND RESOURCES COMMITTEE

(Michael Welbank, M.B.E., Chief Commoner)

9 November 2016

Applications for the Use of Guildhall

In accordance with the arrangements approved by the Court on 21 June 2001 for the approval of applications for the use of Guildhall, the Court was informed of the following applications which had been agreed to:-

Resolved – That the several applications be noted.

To receive the auditors’ report and financial statements relating to City’s Cash, Bridge House Estates, City’s Cash Trust Funds and Sundry Trust Funds.

FINANCE COMMITTEE

(Jeremy Paul Mayhew)

15 November 2016

City’s Cash, Bridge House Estates, City’s Cash Trust Funds and Sundry Trust Funds Annual Reports and Financial Statements 2015/16

On 23 May 1996, the Court authorised the Finance Committee to approve, amongst other things, the Annual Reports and Financial Statements for City’s Cash, Bridge House Estates and the Charitable Trusts.

The Committee had duly considered and approved the Annual Reports and Financial Statements for the year ending 31 March 2016 and now presented them to the Court for information, along with the management letter from Moore Stephens LLP on its audit of the funds. The Annual Reports and Financial Statements for City’s Cash and Bridge House Estates, the Annual Report and Financial Statements and the management letter had also all been published on the City’s website.

It was accordingly recommended that the Court receive the 2015/16 City’s Cash, Bridge House Estates and Charitable Trusts Statement of Accounts.

Resolved – That the 2015/16 City’s Cash, Bridge House Estates and Charitable Trusts Statement of Accounts.

To consider reports of the Planning and Transportation Committee as follows:

PLANNING AND TRANSPORTATION COMMITTEE

(Christopher Michael Hayward)

(A)      Annual On-Street Parking Accounts 2015/16 and Related Funding of Highway Improvements and Schemes – seeking authority to submit to the Mayor of London information relating to the City Corporation’s On-Street Parking Reserve.

For Decision

17 November 2016

(A) Surplus Arising for On-Street Parking 2015/16 and Utilisation of Accrued Surplus

The City of London in common with other London authorities is required to report to the Mayor for London on action taken in respect of any deficit or surplus in its On-Street Parking Account for a particular financial year.

Members were advised that:

·           the surplus arising from on-street parking activities in 2015/16 was £5.608m;

·           a total of £3.366m, was applied in 2015/16 to fund approved projects; and

·           the surplus remaining on the On-Street Parking Reserve at 31 March 2016 was £17.229m, which will be wholly allocated towards the funding of various highway improvements and other projects over the medium term.

The Court was recommended to note the contents of the report and approve its submission to the Mayor of London.

Resolved – That the report be approved for submission to the Mayor of London.

(B) Rights of Light Issues Affecting Development – proposing arrangements for exercising the City Corporation’s powers to override rights of light and over rights under the new statutory provisions in Section 203 of the Housing and Planning Act 2016.

For Decision

17 November 2016

(B) Rights of Lights Affecting Development

In 2011 the Court of Common Council adopted an approach to the exercise of planning powers in relation to rights of light, easements and other rights attached to land. This approach stated that, in appropriate cases, planning powers may be used to assist delivery of developments in the City which achieve public benefit by removing the risk of the construction of such developments being prevented by injunction.

Following a recent change to statutory provisions in Section 203 of the Housing and Planning Act 2016 (“S.203”), it was proposed that Members continue to support this approach and it was consequently recommended that the Court approve the continuation of the arrangements for exercising the Corporation’s powers to override rights of light and over rights under the new statutory provisions in Section 203 of the Housing and Planning Act 2016 (“S.203”).

Resolved - that the Court approve the continuation of the arrangements for exercising the Corporation’s powers to override rights of light and over rights under the new statutory provisions in Section 203 of the Housing and Planning Act 2016 (“S.203”) by resolving as follows:

a)    Acquisitions of interests in land under S.227 Town and Country Planning Act 1990 or appropriations for planning purposes, may be considered on a case by case basis in order to engage S.203 powers to allow developments to proceed (where they would otherwise be inhibited  by injunctions or threats of injunctions prohibiting infringements of rights of light) subject to: (i) such development being in the public interest, such public interest being sufficient to justify interference  with any private rights and proportionate; (ii) the relevant criteria being met (Appendix 1) (iii) all financial liabilities of the City being indemnified; and (iv) where feasible and appropriate in the circumstances

To consider a joint report proposing amendments to the Scheme of Delegations.

PLANNING AND TRANSPORTATION COMMITTEE

PORT HEALTH AND ENVIRONMENTAL SERVICES COMMITTEE

(Christopher Michael Hayward)

(Wendy Mead O.B.E)

28 November 2016

Update to the Scheme of Delegations

The Court of Common Council had previously delegated some of its functions to the Planning and Transportation and the Port Health and Environmental Services Committees and, to facilitate the administration of these functions, some of those matters relating to transportation and public realm, town planning, and building control had in turn been delegated by the Committees to the Director of the Built Environment and the District Surveyor, as set out in the Scheme of Delegations previously approved by the Court.

Minor modifications to relevant legislation and the responsibilities of the Director and District Surveyor having since taken place, the Court was now asked to approve amendments to the Scheme of Delegations to reflect these changes. These had been summarised in the table of proposed revisions attached at Appendix A to the report and were reflected in the revised Scheme at Appendix B, and it was recommended that the revised delegations as set out be approved accordingly.

Resolved – That the revised Delegations to the Director of the Built Environment and the District Surveyor, including the addition of the functions under the Party Wall etc. Act 1996 to be delegated to the District Surveyor, be approved by the Court of Common Council.

To receive a report providing details of the outcomes of recent Ofsted Inspections.

Community and Children’s Services Committee

(Dhruv Patel)

14 October 2016

Outcomes of recent Ofsted Inspections

The Court received a report providing Members with a summary of the outcome of the Ofsted inspections of adult community learning and skills in May 2016, and the services for children in need of help and protection, children looked after and care leavers, in July 2016. It also provided Members with a summary of the outcome of the recent Ofsted review of the effectiveness of the City and Hackney Safeguarding Children Board (CHSCB), carried out separately but concurrently to the said inspection of the effectiveness of the City of London’s services for children in need of help, protection, looked after children and care leavers.

The Court was recommended to receive the report outlining the results of the Ofsted inspections.

In introducing the report, the Chairman took the opportunity to express his gratitude to Professor John Lumley, who was interviewed as part of the Adult Education inspection as the Lead Member for Adults, as well as the Deputy Chairman Gareth Moore, who was interviewed as part of the Children’s social services inspection and received particular praise for his direct approach in to getting to the heart of critical issues. Jim Gamble QPM, Chairman of the Safeguarding Children’s Board, was also thanked for his hard work in steering the Board to become the first in the country to be assessed as “outstanding”.

The Chairman also took the opportunity to thank the outgoing Director of Community & Children’s Services, Ade Adetosoye O.B.E., for his service and the transformational impact he had had on the Department, which had been instrumental in delivering these excellent results. On behalf of the Court, he wished Mr Adetosoye well in his new role as Deputy Chief Executive at the London Borough of Bromley.

Resolved

To consider a report proposing amendments to the Member / Officer Protocol.

ESTABLISHMENT COMMITTEE

(The Revd. Stephen Decatur Haines, Deputy)

25 October 2016

Amendment to Protocol on Member/Officer Relations

Following discussion at the July meeting of the Court concerning training around the Protocol on Member/Officer Relations, the Establishment Committee and Standards Committee subsequently considered this matter and noted that the Protocol would henceforth feature as part of the induction programme for all employees. The Standards Committee also recommended that it would be appropriate to align the Protocol with the corporate commitment to equality, diversity and inclusion by including specific references. This would also reflect the wider commitments that had been made to developing and embedding equality and inclusion in the workplace and in service delivery. It was therefore recommended that the Court approve the amendments to the Protocol on Member/Officer Relations as set out at Appendix 1 to the report.

A Member queried the inclusion of these amendments within the Protocol, noting that they were already present within the relevant policies and suggesting that it was unnecessary and incongruous for them to be included here too. In reply, the Chairman advised that their inclusion here would be helpful in improving visibility and clarity for both Members and Officers.

Resolved – That the amendments to the Protocol on Member/Officer Relations be approved as set out at Appendix 1 to the report.

To consider a report proposing the re-appointment of one of the Committee’s External Members for a third term.

Audit and Risk Management Committee

(Nicholas John Anstee, Alderman)

8 November 2016

Re-appointment of External Member for a Third Term

At its meeting on 9 September 2011, the Court agreed a procedure for appointing External (Independent) Members to the Audit and Risk Management Committee. Subsequent to this, on 16 January 2014

One of the current External Members of the Audit and Risk Management Committee, Mr Kenneth Ludlam, had served on the Audit and Risk Management Committee since its inception in 2011 and was now coming to the end of his second term. His contributions to both the Committee and the Police Performance and Resource Management Sub Committee, on which he also serves, had been invaluable and Mr Ludlam had expressed a wish to serve for a third term.

The Court had previously agreed that existing External Members to this Committee might be appointed for two terms and, therefore, the Court was recommended to agree that in this instance the External Member in question might also be appointed for a third term.

Resolved – That Mr Kenneth Ludlam be appointed to the Audit and Risk Management Committee for a third term of three years, expiring in 2020.

That the public be excluded from the meeting for the following items of business below on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act, 1972.

Resolved – That the public be excluded from the meeting for the following items of business below on the grounds that they involve the likely disclosure of exempt information as defined in Paragraph 3 of Part 1 of Schedule 12A of the Local Government Act, 1972.

Summary of exempt items considered whilst the public were excluded:-

To agree the non-public minutes of the meeting of the Court held on 13 October 2016.

Resolved – That the non-public Minutes of the last Court are correctly recorded.

To consider a report concerning the proposed relocation of the Museum of London.

Policy and Resources Committee

The Court approved a proposal concerning the proposed relocation of the Museum of London.

To consider reports of the Finance Committee as follows:

Finance Committee

(A)       Property Insurance – proposing the award of various insurance contracts.

For Decision

The Court approved the award of two contracts relating to property insurance.

(B) Highways Term Maintenance Contract Extension – proposing the extension of a contract.

For Decision

The Court approved the extension of a contract for Highways Repair and Maintenance.

(C)       Report of Urgent Action Taken: Wireless Concession Contract – informing the Court of action taken under urgency procedures in awarding a contract for the City’s wireless concession.

For Information

The Court noted action taken under urgency procedures in approving the award of a contract for the City’s Wireless Concession.

To consider a report proposing the grant of an airspace lease.

Property Investment Board

The Court approved the award of an airspace lease.