“that this Council agrees the Leader of this Council has not, in the matter of this Council’s deposits in Icelandic banks and the subsequent Audit Commission report Risk and Return in which this Council has been termed ‘negligent’, acted in accordance with Article 2 of the Constitution, nor the Code of Member Conduct and General Principles governing the Conduct of Members (The Relevant Authorities [General Principles] Order 2001), as set out in this Council’s Constitution, Appendix 6, Part 1.
that specifically this Council agrees:
§ He has not sufficiently consulted with and been accountable to non-executive Members (Article 2, section 2.3, para.2 refers)
§ He has not sufficiently supported and contributed to the probity of Council financial and other transactions (reference as above)
§ He has not done whatever he is able to do to ensure that this authority uses its resources prudently (as in General Principles, No.10)
§ He has not promoted the General Principles governing the Conduct of Members, particularly the tenth Principle, by leadership and by example, and nor has he acted in a way that secures and preserves public confidence (as in General Principles, No.11)
and that for the reasons stated above, this Council has no confidence in his Leadership and agrees that he is dismissed with immediate effect from the position of Leader of this Council.”
Minutes:
(1) At the commencement of this item, the Chairman advised Members that he had received a copy of a letter that morning from the Audit Commission, advising the Council that it proposed to remove reference to the word “negligent” from its description of Kent County Council’s treasury management activity in Icelandic banks. The Chairman asked Dr Eddy if he wished to either withdraw or amend his Motion. Dr Eddy stated that he did not wish to withdraw his Motion, but agreed that the word “negligent” in the fourth line be replaced with the word “careless”. Mr L Christie, as seconder to the Motion, confirmed that he was content with the alteration to the Motion.
(2) Dr M Eddy moved, Mr L Christie seconded:-
“that this Council agrees the Leader of this Council has not, in the matter of this Council’s deposits in Icelandic banks and the subsequent Audit Commission report Risk and Return in which this Council has been termed ‘careless’, acted in accordance with Article 2 of the Constitution, nor the Code of Member Conduct and General Principles governing the Conduct of Members (The Relevant Authorities [General Principles] Order 2001), as set out in this Council’s Constitution, Appendix 6, Part 1.
that specifically this Council agrees:
§ He has not sufficiently consulted with and been accountable to non-executive Members (Article 2, section 2.3, para.2 refers)
§ He has not sufficiently supported and contributed to the probity of Council financial and other transactions (reference as above)
§ He has not done whatever he is able to do to ensure that this authority uses its resources prudently (as in General Principles, No.10)
§ He has not promoted the General Principles governing the Conduct of Members, particularly the tenth Principle, by leadership and by example, and nor has he acted in a way that secures and preserves public confidence (as in General Principles, No.11)
and that for the reasons stated above, this Council has no confidence in his Leadership and agrees that he is dismissed with immediate effect from the position of Leader of this Council.”
Motion signed by Dr M Eddy, Mr L Christie, Mr R Parker, Mr D Smyth and Mr R Truelove
(3) After some discussion, Mrs P Stockell moved, Mrs A Allen seconded that the Question be put in accordance with Procedure Rule 1.35 (a).
(4) The Chairman put to the vote the Procedural Motion set out in paragraph (3) when the voting was as follows:-
For – 52
Mrs A D Allen, Mr M J Angell, Mr A R Bassam, Mr R Bliss, Mr A H T Bowles, Mr D L Brazier, Mr J R Bullock, Mr R B Burgess, Mr C J Capon, Miss S J Carey, Mr N J D Chard, Mr A R Chell, Mrs V J Dagger, Mr M C Dance, Mr B R Cope, Mr A D Crowther, Mr J Curwood, Mr K A Ferrin, Mr C G Findlay, Mr J B O Fullarton, Mr T Gates, Mr G K Gibbens, Mr R Gough, Mr M J Harrison, Mr W A Hayton, Mr P Hill, Mr D A Hirst, Mrs S V Hohler, Mr G A Horne, Mr E E C Hotson, Mr A J King, Mr R E King, Mrs J Law, Mr J F London, Mr R L H Long, Mr R A Marsh, Mr M Northey, Mr R J Parry, Mr R Pascoe, Mr L B Ridings, Dr T R Robinson, Ms B Simpson, Mr J D Simmonds, Mr M V Snelling, Mrs P Stockell, Mr R Tolputt, Mr R Truelove, Mrs E Tweed, Mr M J Vye, Mr C Wells, Mr B Wood and Mr F Wood-Brignall.
Abstain – 2
Mr I Chittenden and Mr D S Daley.
Against – 22
Mrs C Angell, Mr T Birkett, Mr L Christie, Mr G Cowan, Ms C J Cribbon, Mrs T Dean, Dr M Eddy, Mr M J Fittock, Mrs E Green, Ms A Harrison, Mr C Hart, Mr I T N Jones, Mr S J G Koowaree, Mr T Maddison, Mr J I Muckle, Mrs M Newell, Mr M V Newman, Mr R J E Parker, Mr A R Poole, Mrs E Rowbotham, Mr G Rowe and Mr D Smyth.
Carried
(5) As the procedural motion was agreed, the mover of the motion was given an opportunity to sum up the debate and then the Chairman put to the vote the original Motion of No Confidence, when the voting was as follows:-
For – 20
Mrs C Angell, Mr T Birkett, Mr L Christie, Mr G Cowan, Ms C J Cribbon, Ms A Harrison, Dr M Eddy, Mr M J Fittock, Mrs E Green, Mr C Hart, Mr I T N Jones, Mr T Maddison, Mr J I Muckle, Mrs M Newell, Mr W V Newman, Mr A R Poole, Mr R J E Parker, Mrs E Rowbotham, Mr D Smyth and Mr R Truelove.
Abstain – 7
Mr I Chittenden, Mr D S Daley, Mrs T Dean, Mr S J G Koowaree, Mr G Rowe, Mr M Vye and Mr B Wood.
Against – 50
Mrs A D Allen, Mr M J Angell, Mr A R Bassam, Mr R Bliss, Mr D L Brazier, Mr A H T Bowles, Mr J R Bullock, Mr R B Burgess, Mr C J Capon, Miss S J Carey, Mr N J D Chard, Mr A R Chell, Mr B R Cope, Mr A D Crowther, Mr J Curwood, Mrs V J Dagger, Mr M C Dance, Mr K A Ferrin, Mr C G Findlay, Mr J B O Fullarton, Mr T Gates, Mr G K Gibbens, Mr R A Gough, Mr M J Harrison, Mr W A Hayton, Mr C Hibberd, Mr P Hill, Mr D A Hirst, Mrs S V Hohler, Mr G A Horne, Mr E E C Hotson, Mr A J King, Mr R E King, Mrs J Law, Mr J F London, Mr R LH Long, Mr R A Marsh, Mr M Northey, Mr R J Parry, Mr R Pascoe, Mr L B Ridings, Dr T R Robinson, Mr J D Simmonds, Ms B Simpson, Mr M V Snelling, Mrs P Stockell, Mr R Tolputt, Mrs E Tweed, Mr C Wells and Mr F Wood-Brignall.
Lost