Town Council Minutes 19 May 2010

Minutes of the Extra-Ordinary Town Council  Meeting held in the Council Chamber, Town Hall,

Bideford on Thursday 19 May 2010 at 6.30 pm

PRESENT:

North Ward:
Councillor P S Christie
Councillor T J Johns
Councillor Ms E L Farrington
Councillor D C Fulford

South Ward:
Councillor C Bone
Councillor A T Inch
Councillor P J Pester (Town Mayor)
Councillor D M Ratcliff

South (Outer) Ward:
Councillor A T Powell

East Ward:
Councillor Mrs C B Church
Councillor Mrs P Davies
Councillor B Lacey
Councillor R W Vanstone

IN ATTENDANCE:    Mr G B McLauchlan (Town Clerk)
Mrs H J Blackburn (Deputy Town Clerk)
2 x Members of the Public
2 x Members of the Press

024    APOLOGIES FOR ABSENCE

Councillors S E L Clarke OBE (East Ward - Personal) and S G Inch (South Ward - Personal)

025    DECLARATIONS OF INTEREST ON ITEMS ON THE AGENDA

There were no declarations of interest on items on the agenda.

026    MINUTES

The Minutes of the Meeting held on 13 May 2010 were approved and signed as a correct record.
(Vote – For: 13,  Against: 0)

027    COMMUNICATION BROUGHT FORWARD ON THE DIRECTION OF THE MAYOR

The Mayor had nothing to report under this agenda item.

028    MARKET MANAGEMENT COMMITTEE

The Minutes of the meeting held on 6 May 2010 were received.

(Vote – For: 13,  Against: 0)

029    JUDICIAL REVIEW PRE-ACTION PROTOCOL

The Town Clerk briefed members on the background to the issue of prayers which had started over 2 years ago following a Notice of Motion.  He detailed the letters which had been received from the National Secular Society regarding prayers and the responses sent on behalf of the Council.  The content of the letter relevant to this agenda item was received on 12 May 2010 and requires a reply within 14 days.  No reply will lead to the National Secular Society issuing Judicial Review proceedings.  The Town Clerk then went through the contents of the letter and pointed out several anomalies.  He explained that this is not just a local issue and is of interest nationally.

Members debated the way forward and the following points were raised:

•    A suggestion was put forward that an appeal fund be opened to raise money to be used to defend the case.  Concern was expressed however that insufficient funds may be raised leaving the Council open to funding the deficit.

•    If this case goes to court, it will be a test case with far reaching implications.

•    As the Queen is head of the Church of England, several members felt that allegiance should be shown to her through the continuation of prayers.  The Council’s crest states “Bold for Queen and Faith”.

•    The Town Clerk was asked if he had received any feedback from the Society of Local Council Clerks.  He advised that he had been in contact with other Town Clerks and had received supportive correspondence from members of the public.

•    Points were raised regarding the practices used in Parliament and the opportunity provided there to use an affirmation rather than an oath.  It was felt by some that the Council should be debating points of law rather than belief.

•    There was further note that this issue does not just concern prayers but will also affect how the Council is run.  It was felt that if the Council allows another organisation to stop a practice which has been democratically agreed, then further organisations could do the same with different issues in future.


•    Several members expressed frustration that so much time has been wasted on this issue when there are more pressing issues which need Council’s attention.  It was suggested that a solution may be not to include prayers on the agenda, but to have a minister immediately before the start of the meeting and “invite” members to join in.

•    There was debate as to the legality of prayers and the implications of the Human Rights Act.

•    One member reported that he knows people unwilling to stand for Council due to the fact that prayers are on the agenda, although the Town Clerk reported that he had not come across any such person during his 16 years as Clerk.

Proposed by Councillor Ratcliff, seconded and

RESOLVED:  That no action is taken at the current time and that this issue be allowed to proceed to the next stage of a Judicial Review.

(Vote – For: 12,  Against: 0, Abstentions: 1)

The business of the meeting having been concluded the Mayor thanked the members for their attendance at the meeting which concluded at 7.10 pm.





Signature of Town Mayor: ……………………………    Date: ………………...............