Minutes of the previous Council meeting held 3rd November 2004

1        Arbourthorne Ward

10      Dore & Totley Ward

19      Mosborough Ward

          Julie Dore

          Anne Smith

          Mike Peat

          John Robson

          Mike Waters

          David Barker

          Tim Rippon

          Sam Wall

2        Beauchief/Greenhill Ward

11      East Ecclesfield Ward

20      Nether Edge Ward

          Anthony Holmes

          Pat Fox

          Ali Qadar

          Simon Clement-Jones

          Vic Bowden

          Andrew White

          Clive Skelton

          Graham Oxley

          Pat White

3        Beighton Ward

12      Ecclesall Ward

21     Richmond Ward

          Ian Saunders

          Sylvia Dunkley

          Martin Lawton

          Helen Mirfin-Boukouris

          Kate Dawson

          John Campbell

4        Birley Ward

13      Firth Park Ward

22      Shiregreen & Brightside Ward

          Brian Lodge

          Joan Barton

          Jane Bird

          Angela Smith

          Chris Weldon

          Peter Price

          Alan Law

          Peter Rippon

5        Broomhill Ward

14      Fulwood Ward

23      Southey Ward

          Paul Scriven

          John Knight

          Tony Damms

          Alan Whitehouse

          Andrew Sangar

          Leigh Bramall

          Shaffaq Mohammed

          Janice Sidebottom

          Gill Furniss

6        Burngreave Ward

15      Gleadless Valley Ward

24      Stannington Ward

          Jackie Drayton

          Terry Fox

          Arthur Dunworth

          Ibrar Hussain

          Rosemary Telfer

          David Baker

          Steve Jones

          Garry Weatherall

7        Central Ward

16      Graves Park Ward

25      Stocksbridge & Upper Don Ward

          Jean Cromar

          Peter Moore

          Martin Davis

          Jillian Creasy

          Ian Auckland

          Martin Brelsford

          Mohammad Azim

          Barrie Jervis

8        Crookes Ward

17      Hillsborough Ward

26      Walkley Ward

          Brian Holmes

          Robert MacDonald

          Veronica Hardstaff

          John Hesketh

          Janet Bragg

          Jonathan Harston

          Sylvia Anginotti

          Alf Meade

9        Darnall Ward

18      Manor Castle Ward

27      West Ecclesfield Ward

          Mary Lea

          Pat Midgley

          Kathleen Chadwick

          Harry Harpham

          Jan Fiore

          Alan Hooper

          Mohammad Altaf

          Jan Wilson

          Trevor Bagshaw

28      Woodhouse Ward

          Marjorie Barker

          Mick Rooney

         Ray Satur

1.

APOLOGIES FOR ABSENCE

            Apologies for absence were received from Councillors Terry Barrow, Alison Brelsford, Keith Hill, Diane Leek, Vickie Priestley and Chris Rosling-Josephs.

2.

MINUTES OF LAST MEETING

RESOLVED:  On the motion of Councillor Pat Midgley, seconded by Councillor Joan Barton, that the minutes of the meeting of the City Council held on 6th October, 2004, be approved as a correct record.

3.

PUBLIC QUESTIONS AND PETITIONS

Petitions

            The Council received petitions (a) containing approximately 1,000 signatures, calling on the Council to provide a “Puffin” crossing on Birley Lane and after hearing representations made on behalf of the petitioners by Miss Rebecca Marsden, who attends Birley College, and comments made by Councillor Jan Wilson, the leader of the City Council with regard to road safety measures being taken on Birley Lane, referred the petition for consideration by the City Centre and East Planning and Highways Area Board;

            (b) containing 119 signatures expressing concern that the Local Authority is investing pension funds in arms trade companies and calling upon the Local Authority not to do so and after hearing representations made on behalf of the petitioners by Ms. J. Baston and comments made by Councillor Steve Jones with regard to the position of the South Yorkshire Pensions Authority in connection with investment of funds, referred the petition for the attention of the South Yorkshire Pensions Authority;

            (c) containing 15 signatures, drawing attention to the decisions of Bradford, Liverpool and York Councils to reject water fluoridation and calling upon the City Council to do likewise and after hearing representations made on behalf of the petitioners by Mr. D. Thomas and comments made by Councillor Gill Furniss, the Cabinet Member for Environment, Culture, Leisure and Sport, noted that consideration was being given to the question of water fluoridation being considered by the City Council in the near future;

            (d) containing nine signatures, expressing concern regarding the erection of dog kennels on land at the rear of Lane Head, Grenoside without appropriate planning consent and referred the matter for consideration by the North and West Planning and Highways Area Board;

            (e) containing 175 signatures calling on the Council to “re-vamp” Herdings Park and referred the petition for consideration by Councillor Gill Furniss, the Cabinet Member for Environment, Culture, Leisure and Sport;

            (f) containing 75 signatures concerning the proposed development of the Daisy Spring Works and after hearing representations made on behalf of the petitioners by Mr. Robert Murray and comments made by Councillor Tim Rippon, Cabinet Member with responsibility for Economic Regeneration and Planning Policy that consideration of the development had been deferred by the City Centre and East Planning and Highways Area Board pending a site visit and that primary consideration with regard to the development would be issues of sustainable economic regeneration, noted that the issue would be given further consideration by the City Centre and East Planning and Highways Area Board;

            (g) containing 40 signatures of residents of Skinnerthorpe Road, expressing a number of concerns and opposition to the Firvale Masterplan and the process in which the redevelopment is being undertaken and strongly feeling that they are entitled to outright ownership of any property given in place of existing property with no cost incurred and after representations made on behalf of the petitioners by Mr. Amber Ditta and comments made by Councillor Chris Weldon, Cabinet Member for Neighbourhoods with regard to the process being undertaken in relation to the Firvale Masterplan particularly in connection with the carrying out of further consultations which would involve all sectors of the local community, referred the matter for consideration by the Cabinet Member for Neighbourhoods; and

            (h) containing 220 signatures of parents of pupils at Westfield School, drawing attention to the decision of First Mainline to remove the bus services numbered 710, 711 and 712 and calling for the provision of a safe means of transport for pupils to and from Westfield, as enjoyed by most children in the country, referred the petition for the attention of the South Yorkshire Passenger Transport Authority.

Public Question re Firvale Masterplan

            Mr. Amjad Ditta and Mr. Akram Mustafa, asked questions with regard to the lack of information being submitted to the Burngreave Area Panel in connection with the Firvale Masterplan and the concerns being expressed by residents of Skinnerthorpe Road who were owner/occupiers that the redevelopment of the area following the implementation of the Masterplan would mean that such owner/ occupiers would have to acquire a second mortgage and in response to both questions, Councillor Chris Weldon, the Cabinet Member for Neighbourhoods indicated that the City Council were making strenuous attempts to ensure that the dates and times of the Burngreave Area Panel meetings were widely publicised to ensure that local residents came forward to participate in the meetings and that such steps would continue to be made and that with regard to the concerns of owner/occupiers, he recognised that there should be no financial disadvantage to local residents following the implementation of the Masterplan and that arrangements were being made for individual visits to be made to the residents by officers of the City Council to explain the benefits of the redevelopment of the area.

Public Question re:  Council Homes in Park Hill

            Lyn Harrison asked questions with regard to recent comments attributed to Councillor Chris Weldon, Cabinet Member for Neighbourhoods in connection with the proposals for rehousing residents of Park Hill and in response to the question, Councillor Weldon indicated that, the comments attributed in the article referred to other parts of the City and whilst he accepted that there were a number of difficulties involved in rehousing processes, he recognised the importance of rehousing residents into accommodation which was of an acceptable standard to them.

Public Question re:  War in Iraq

            Mr. Alan Kenny referred to recent articles in the Lancet indicating the level of civilian fatalities in the Iraq War and asked if the City Council were prepared to debate the War and in response, Councillor Jan Wilson, the Leader of the City Council indicated that such a debate had been held previously, following which the City Council’s position on the War had been set out.  She nevertheless accepted that individual members of the City Council were also members of other organisations, many of which had views on the War and that whilst she was certain that there was an overall wish for a resolution of the conflict, nevertheless emphasised that the City Council could not effectively address the issues raised but that this was a matter for the Government. 

4.

HOME OFFICE CONSULTATION PAPER ON PROSTITUTION

            The Council considered (a) an Executive Summary of the Home Office Consultation Paper on Prostitution “Paying the Price” which had been published in July, 2004 with the aim of prompting a public debate on how to deal with issues raised by prostitution in England and Wales and which invited views from a broad range of organisations on policy and practice to pave the way for the development of a co-ordinated strategy aimed at reducing the harms associated with prostitution and experienced by those involved and by those communities in which it takes place and (b) a report submitted by Julie Tasker, Principal Community Safety Officer which (i) set the background to the Consultation Exercise, (ii) commented upon the structure of the consultation document, (iii) outlined the response made by the Sheffield Prostitution Forum and (iv) set out a timetable for the submission of the response to the Paper and which would now include comments made at this meeting.

            Also attending the meeting was Ann Lucas of the Sheffield Area Child Protection Committee and Sali Harwood,  Project Manager, Sheffield Working Womens Opportunities Project, both of whom outlined their Organisations roles with regard to dealing with the problems of prostitution.

            The Consultation Paper had been divided into nine chapters relating to key issues in respect of (a) how could men and women be supported to exit prostitution and are there examples of best practice at local level, (b) how can the link between sex and drugs markets be tackled, (c) how could those involved in prostitution increase their confidence in the criminal justice system, (d) how could the nuisance associated with prostitution be best dealt with and how could communities be actively engaged in this process and (e) what support do local partnerships need to respond to the issues associated with prostitution.

            The report went on to indicate that the Sheffield Prostitution Forum had undertaken the task of drawing together views from agencies in the City on the issues raised in the Consultation Paper and had found that there was overwhelming evidence of Sheffield as a City with a longstanding and changing history of prostitution and outstanding commitment and effort to provide services from a small group of dedicated individuals who had championed the issues.

            There was also general agreement that the document was an accurate reflection of the models of prostitution in Sheffield and covered the associated issues in a comprehensive way.  There were however two sorts of questions in the Consultation Paper the first relating to the paper’s request for examples of good practice and the second asking for opinions.  It was stressed that some questions covered both of these elements and where opinions were asked for there was a broad agreement amongst respondents with regard to issues relating to (a) awareness raising in schools, (b) co-ordinated working on the links between street sex and drugs markets and efforts to tackle violent crime, (c) prosecution of those involved in exploiting under age girls and boys, (d) ongoing funding and support for flexible support packages for women wishing to exit from sex work/drug misuse, (e) the need for joined up work to tackle harm caused to communities by sex work and drugs use, (f) ensuring that responses to sex work needed to both accept and challenge its existence and (g) the recognition that managed zones were not appropriate where sex workers were predominantly Class A drugs users as was the case in the City.

            There was however a diversity of views concerning issues relating to the appropriate action to tackle “punters”, who were primarily kerb crawlers; the value and appropriateness of using ASBOs against dependent drug using sex workers, especially young women; whether support for women wishing to exit sex work and drug use should be compulsory i.e. linked to community sentences and whether there was need for further legislation around the issues of registration.

            Very little response had been received on the chapter in the Consultation Paper relating to “links with serious crime” and a small number of interviews were scheduled to take place with young women, parents and a street worker with these responses being appended in the final document.

            In conclusion Julie Tasker indicated that Members of the City Council were also free to respond as individuals in their own right to the Home Office if they so wished.

            The Lord Mayor (Councillor Mike Pye), then invited members of the City Council to ask questions and comment upon the issues raised on the Consultation Paper and by Julie Tasker, Ann Lucas and Sali Harwood.

            In response to a question by Councillor Peter Moore, Ann Lucas indicated that, since, 2001, approximately 170 young people had been dealt with by the Area Child Protection Committee as being involved with or at risk of being engaged in prostitution.  She stressed that all young people who were considered at risk were involved with either drugs and/or alcohol misuse or sexual activity with older persons.  She also agreed that there were issues of risk involving young people in care and that this was a matter of concern for the City Council adding however that the Social Services Directorate were actively involved in dealing with this matter.

            Councillor Moore went on to ask if an indication could be given of the scale of off street prostitution in the City and if officers were aware of proposals which were being pursued in Sweden to actively prosecute those persons who were involved in the demand side of prostitution.

            In response, Julie Tasker indicated that it was difficult to give figures in relation to the numbers of off street prostitutes because, for example, not only was such activity undertaken in recognised establishments but also in private property and extensive use was made of mobile telephones.

            So far as the Swedish proposals were concerned, she believed that the police would be more able to give an authoritative view on this matter.

            She added that prosecutions for “kerb crawling”, which was an arrestable offence were taken very seriously in the City, adding that if the demand side for prostitution were to be reduced, there would be need for extensive work to be undertaken on the supply side.  In this case therefore she was not certain as to whether or not the Swedish proposals were viable.

            Councillor Robert MacDonald went on to ask what were the police strategies for prosecuting those persons involved in perpetrating sexual abuse upon young persons.  In response Ann Lucas indicated that the offence for acts involving young persons under the age of 16 would be one of Unlawful Sexual Intercourse.  In some cases she added, action could be taken under the Child Abduction Act which did not require the child involved to lodge a complaint but required a statement from parents.  She admitted however that this was a very difficult issue to pursue.

            Councillor Sylvia Anginotti asked if issues relating to mental health and/or learning difficulties were being considered when individual cases were being dealt with and also referred to the lack of effective legal sanctions regarding the exploitation of persons under 16 years of age and in response, Ann Lucas indicated that there was a need to find satisfactory ways of prosecuting individuals without putting the onus on young persons to initiate the prosecution.

            Councillor Jackie Drayton expressed a view that it was important for people to be aware of how the City had adopted areas of good practice in dealing with prostitution in a range of disciplines.  Many of the projects had been in existence for a relatively long period of time and had demonstrated an outstanding commitment by individuals in the City to dealing with the problem.

            She concluded by expressing the view that there was a need to educate and support young people and to prosecute at every opportunity those involved in the procurement and operation of prostitution.

            A number of questions were asked by Councillor Paul Scriven relating to (a) whether or not the existing law served to create problem in dealing with many issues surrounding prostitution, (b) why in the response from the Prostitution Forum, was no reference made to the impact of poverty on prostitution, (c) enforcement and the risks associated with enforcement and why did anti-Social Behaviour Orders present a risk, (d) why was it difficult to deal with off street prostitution and (e) whether or not the City had examined the possibility of establishing a “managed zone” for prostitution.

            In response, Julie Tasker indicated that, although the authorities were increasingly examining the use of ASBOs and particularly their application  to “kerb crawlers” in these circumstances the application of ASBOs had to demonstrate persistent behaviour and, she was not convinced that the use of ASBOs against prostitutes would have a desirable impact in that the problem would move to other areas.  Turning to the question of off street prostitution, she indicated that this was one of the central themes of the Consultation Paper and, although it would deal with some aspects of the problem, many prostitutes would not be acceptable on licensed premises because of their misuse of Class A drugs and they would therefore still be forced onto the streets.

            With regard to the application of the law, Ann Lucas indicated that although the Sexual Offences Act made provision for dealing with cases of exploitation, the terms of the Act which required young people to make a complaint were seen as a barrier to enforcement.

            Councillor Scriven went on to express the view that he believed that rules and regulations had not proved effective and that there now was a need to identify means of minimising the risks involved in prostitution with, in his opinion, ASBOs serving to create more difficulties than they resolved in this context.  He was also of the view that there needed to be radical changes in the enforcement laws and he was in favour of regulation which would improve health and conditions for sex workers.  He also believed that there was a need to carefully consider the establishment of  “managed zones” with zero tolerance being exercised in other areas of the City.  Such measures would benefit the community in general and participants in particular, and he gave as an example the benefits which would appear to have accrued from the introduction of a “managed zone” scheme in Utrecht and which had resulted in a decline in associated criminal activity.

            Councillor Veronica Hardstaff indicated that, in her view, prostitution moved around from one area to another and that there was a need to address the underlying problems which led people into prostitution and which were associated particularly with misuse of  drugs.  She added that the Children and Young Peoples Partnership Board were very supportive of the actions which were being taken in the City and were actively assisting in the search for further solutions. 

            Commenting further upon the legal situation with regard to prostitution, Councillor Ian Auckland expressed the view that, criminal retribution for street prostitution appeared to be pointless and that it would be more desirable for prostitution to be moved off street.  He also asked if, in addition to the well documented routes involving cohesion and need, were there participants in the sex industry who had entered the lifestyle willingly and concluded by asking what was the level of support which was given to sex workers to leave the industry.  In response, Julie Tasker believed that there was a perverse effect in fining prostitutes in that, prostitution was their only source of income and further financial impositions led them to continue their activities.  She believed that regulation worked satisfactorily in most circumstances but again expressed the view that many street prostitutes would not meet the health standards which would be required if the sex industry was regulated.

            In conclusion she added that most of the women involved did not make a positive choice to enter prostitution but indicated that they had to change their lifestyles if the were to leave the industry.

            Councillor Ian Auckland went on to thank the officers who worked in this area and added that, in his view, preventative work should begin early in life and that Surestart and the Youth Service, had a critical role to play and also effective drugs education and the adequate application of benefit entitlement would assist in this matter.  He was also of the opinion that ASBOs would prevent persons from loitering around the vicinity of Childrens Homes and that every effort should be made to impose criminal penalties for kerb crawling.  There was also a need for greater use of drug treatment orders coupled with better employment opportunities.  In conclusion he believed that any investment made in prevention was well spent and that where consent was absent, it was legitimate for the state to take legal intervention.

            Councillor Peter Moore expressed grave concern at the issues raised by the Consultation Paper in particular and prostitution in general.  He stated that he was very conscious of the dangers inherent in street prostitution and believed that there was a basic need to recognise that participants in the sex industry were human beings and that safety and protection were major issues in this context.  He stated that, in the past, most solutions had served only to create further problems and had never resolved the underlying questions.  He believed that prostitution would never be eradicated but that the authorities had to address those issues which forced women into prostitution.  He understood that the problem would not totally be removed but nevertheless expressed the view that the real issue was Class A drugs although adding that, prostitution existed prior to the availability of such drugs.

            It was therefore incumbent upon the authorities to stop believing that they could totally eradicate prostitution but to continue to support the existing work and to increase funding levels and measures to combat the problems.

            Councillor Jan Fiore expressed some satisfaction that there appeared to be now a more enlightened view with regard to the issue of prostitution and she believed that sentencing should include treatment going on to ask if this was now occurring.  She recognised that it would be impossible to eradicate prostitution but nevertheless every effort should be made to deal with issues and give people the choice to live their life in other ways.  In conclusion she asked what further measures needed to be taken within the criminal justice system, particularly to deal with “pimps” and kerb crawlers.  In response, Julie Tasker, referring to the question surrounding drugs treatment and indicated that the system was now better prepared to ensure that women could enter into drug rehabilitation.  So far as sentencing was concerned there also existed provision for the application of Drug Treatment and Testing Orders with informal referrals also receiving positive reactions from sex workers.

            Commenting upon the Consultation Paper, Councillor Alan Whitehouse expressed some concern at the lack of statistics and the lack of consideration which appeared to be given to dealing with prostitution activities in private homes.

            Drawing upon his professional experience, Councillor John Robson referred to the distressing situations which occurred when babies and young children of prostitutes were taken into care because their mothers lifestyle, which involved the earning of money to feed the children was deemed to be unsuitable.  He had also experienced situations where the lives of young people who had been coerced into prostitution had been destroyed and referred to the need for the Government to ensure that those people involved in exploitation were prosecuted without awaiting complaints from the exploited young person.

            Councillor Shaffaq Mohammed asked if there were any changes in police resources to deal with prostitution;  if consideration had been given in the City to establishing “managed zones” and what were the impressions given to professionals dealing with prostitution with regard to the legalisation of managed premises and in response Julie Tasker indicated that she did not believe that “managed zones” would work when “Class A users were in the majority”.  Although the City had not actively pursued the question of “managed zones” for a period of time, there was still a general feeling from women and workers involved in the sex industry that they were not in favour of such measures.  She did however believe that there would be a tendency for an increase in people entering the industry if “managed premises” were introduced as the activities in these premises would receive a measure of legitimacy and be seen as legal.

            The Leader of the City Council, Councillor Jan Wilson, believed that there was universal support for an increase in preventative measures and a more effective application of the law to protect children.  She noted that there were fundamental issues of lifestyles with many participants having little or no choice but to enter into prostitution and that the most fundamental issue in this area was that of poverty.  She therefore believed that the City Council would continue to take every measure possible to eradicate poverty in the City.

            She recognised however that there was a lack of unanimity with regard to the application of “managed areas”. 

            Turning to the issue of the use of Class A drugs and the demand for such drugs leading to users turning to prostitution, she was of the view that it was essential that people had choices early in their life which would be effective in enabling them to avoid drug abuse in later years.

            She emphasised that the City Council would continue to support the work being undertaken with prostitutes and particularly the role of the Sheffield First for Safety Partnership.  She also reminded Members that they had the right to respond to the Consultation Paper as individuals in their own right.

            The Lord Mayor concluded the item by thanking Julie Tasker, Ann Lucas and Sali Harwood for their contributions.

5.

REPRESENTATIONS

RESOLVED:  On the motion of Councillor Pat Midgley, seconded by Councillor Joan Barton that (a) approval be given to the following changes to the memberships of Boards, etc. and the appointment of representatives to serve on other bodies:-

Corporate Planning Scrutiny Board

-

Councillors Veronica Hardstaff and John Robson to replace Councillors Mike Peat and Chris Rosling-Josephs

Development, Environment and Leisure Scrutiny Board

-

Councillor Sylvia Dunkley to replace Councillor Paul Scriven and Councillor Leigh Bramhall to replace Councillor Alf Meade

Neighbourhoods Scrutiny Board

-

Councillors Mike Peat and Peter Price to replace Councillors Veronica Hardstaff and Sam Wall

City Centre and East Planning and Highways Area Board

-

Councillor Jane Bird to replace Councillor Terry Barrow

North and West Planning and Highways Area Board

-

Councillor Leigh Bramhall to replace Councillor Garry Weatherall

South Planning and Highways Area Board

-

Councillor Mike Peat to replace Councillor Harry Harpham

Admissions Board

-

Councillors Marjorie Barker and Julie Dore to replace Councillors Helen Mirfin-Boukouris and Jane Bird

North Area Panel

-

Councillor Arthur Dunworth to replace Councillor Vickie Priestley

Duke of Edinburgh Award Scheme - Sheffield Council

-

Councillor Alan Hooper to fill a vacancy

Cycle Forum

-

Councillor Michael Waters to replace Councillor Anne Smith

Fairtrade Working Group

-

Councillors Vic Bowden, Jillian Creasey and Anne Smith to fill vacancies

            (b) the nomination of Councillor Vic Bowden to serve for a further three years as a Nominated Trustee of the Turies Educational Foundation be confirmed; and

            (c) the action taken by the Chief Executive in appointing Councillors Sylvia Anginotti, Ian Auckland, Veronica Hardstaff, Robert MacDonald, Mick Rooney, Anne Smith and Angela Smith to serve on the Children and Young People’s Services Member Advisory Group be confirmed.

6.

QUESTIONS RELATING TO URGENT BUSINESS

            There were no questions relating to urgent business under the provisions of Standing Order A18(2).

7.

ITEMS REFERRED TO COUNCIL

Report issued by the Local Government Ombudsman

RESOLVED:  On the motion of Councillor Jan Wilson, seconded by Councillor Steve Jones, that the following minute of the Cabinet meeting held on 27th October, 2004, relating to a report issued by the Local Government Ombudsman be approved:-

RESOLVED: That details of the action which has and is being taken on the findings of the Local Government Ombudsman, as set out in the report of the Chief Executive now submitted, be noted and affirmed, including the payment of compensatory awards in this case, amounting to a total of £6,000, in accordance with the recommendations contained in the report by the Local Government Ombudsman.

Development and Production of the Second Local Transport Plan

RESOLVED: On the motion of Councillor Tim Rippon, seconded by Councillor Jan Wilson, that the following minute of the Cabinet meeting held on 27th October, 2004, relating to the Development and Production of the Second Local Transport Plan be approved:-

RESOLVED: That (a) the information contained in the report now submitted on the new working arrangements which were now in place to facilitate the Development of the next five-year Local Transport Plan be noted; and

            (b) approval b