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notes from JK

Full council 27th Jan 2011

What an extraordinary meeting last Thursday’s council meeting was… There were no high-stakes votes on budgets, the next Mayor or anything like that. But public questions and declaratory motions draw out some extraordinary outbursts.

If you want to know why the webcast is not available yet, and why the council HQ King’s House is buzzing with gossip, then this Argus report fills in the details!

I mightily enjoyed a public question by Chris Hawtree querying whether our city could become like Hove, North Dakota, USA (population: 2) if we didn’t deal robustly with the cuts. Even the Tories couldn’t keep straight faces as the parallels were drawn by Mr Hawtree.

In written questions I continued to press on open licensing of council data and also raised a question about how the council ensures premises let to clubs really are only used by clubs.

There was some posturing by all parties that night with Labour trumpeting on the Education Maintenance Allowance and School Sports Partnerships, Tories on Housing and Transport and Greens on Post Office closures and the local government settlement. Labour shadow ministers have confirmed that they too would cut local government funds — so if they wouldn’t cut the EMA and Sports Partnerships, what would Labour have cut? Clearly they’re not going to say so they can try to bank political capital on opposing every cut under the sun.

At the least minute Tories backed out of their Transport motion (which was rather silly in the first place) when they realised the opposition parties were going to amend it to bits. Their housing motion unleashed the kind of petty point scoring and ancient history lessons that makes me want to disappear under my seat. Cllr Bob Carden delivered on the EMA what I think was the speech of the night , reflecting on how he had once been unable to send his daughter to college whilst he was laid up at home with a broken leg, unable to work. A personal message, delivered simply and with heart. Cllr Carden doesn’t speak often in full council, but that was a keeper.

I had a go at the administration for failing to open up the budget process, unlike most councils which involve members of all parties in the budget detail from a much earlier stage in the process.

If I recall correctly all motions were passed (apart from the Tory transport one which they withdrew), but let’s hope the webcast comes online so we can watch the best bits!

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notes from JK

Having another crack at sorting out councillor allowances

Councillor allowances in Brighton & Hove has been a long-running issue of contention. For an age they have been deeply unfair. Putting aside whether they are too much or too little, how they are distributed across the parties is due an overhaul.

Responsibility for this work lies with an Independent Remuneration Panel who do very good work. They published a report in March 2010 which essentially sought to fix a lot of the problems with the current setup:

  • They sought to make each political group leader’s allowance proportional to the number of seats their group held on the council;
  • They wanted to abolish allowances for deputy chairs of committees (who in most cases do very little) especially as this takes us over government guidelines. Regulations suggest that only up to 50% of councillors should be getting allowances. Currently it’s 61% in Brighton & Hove and could be 67% if all available allowances were being taken.
  • They also sought to resolve the balance between ‘front-line’ and ‘back-bench’ councillors by increasing the basic allowance by 1% but not increasing allowances for senior roles.
  • Finally all of this reform would lower the overall salary bill for councillors by about £18k a year.

Now whilst only two Greens have special allowances, most of the Labour group (I think all but one from memory) and a large number of Tories enjoy such allowances as did the LibDem group (now no longer as Cllr Watkins has become an independent).

So it was disappointing, but unsurprising self-interest, when Tories and Labour voted down the panel’s recommendations last year — after an extraordinarily long delay in actually getting the report onto an agenda to vote on it. It was supposed to be voted on in March 2010 but didn’t actually emerge onto an agenda until October 2010, only for it to fall and the status-quo remain.

Well the Panel have done more good work on best practice, and good on them. They’ve stuck to their guns in seeking to reduce the number of special allowances and so on. Their work is coming to the Governance Committee this Tuesday. But guess what, the recommendation on the report (I assume on advice of the Conservative administration) is to keep the existing scheme of allowances for another year!

I shall be proposing a Green amendment to that, seeking to bring in the Panel’s recommended scheme which will be fairer, help us meet best practice and save £18k a year. Will any other parties dare to challenge the status quo and join us in supporting the amendment…? We shall see!

(I’m still mulling my traditional report of Thursday’s full council meeting. It was, despite a not particularly high-stakes agenda, rather a remarkable evening.)

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notes from JK technology

City Council pleads with staff to surrender their Blackberries

Belts are tightening as we get ever closer to the date when the 2011/12 budget has to be set for Brighton & Hove City Council. With £30 million of front-loaded Coalition government cuts to find, council officers are quite reasonably reviewing and challenging every expenditure.

A recent email sent around by the Council’s IT department asks staff to consider whether they really, really need their Blackberry. If not, could they give it up and perhaps live without a mobile phone at all? Perfectly sensible, there may be people who don’t really need their Blackberries but still have one in a drawer somewhere.

What’s interesting are the costs the Council apparently incurs per Blackberry: A device on a two year contract costs £432/year before call charges plus £105 in setup and licence charges. (The monthly breakdown is £19 for Vodafone tariff and £17 for Blackberry & ICT support charges)

So before a single call is made or text is sent, a Blackberry will cost tax payers £969 over its two year contract period. That much of this goes to Vodafone is particularly galling given their tax avoider status.

This is another symptom of the Council’s gold plated approach to ICT. No criticism of the current Head of ICT, this predates him by some time. The Blackberries came in under the Labour administration and carried on under the Tories. As did the huge all-encompassing Microsoft licensing deal. Rather than find good-enough solutions, the approach has been to dive for the big name brands as soon as they offer a hint of a discount from their pre-inflated prices. Then we’re locked in.

A small number of decent Linux servers and any smartphone would meet the messaging needs of the Council perfectly adequately at a fraction of the cost. Why are we paying license fees for Exchange servers and Blackberry servers?

Yes, let’s cut down on the unnecessary issuing of mobile devices and excessive use of costly services (they’re also cracking down on football scores and directory enquiries via mobiles). But let’s reconsider whether the whole architecture makes financial sense too. Almost a grand for mobile access to email just doesn’t seem reasonable to me.

[Note: Most councillors from most parties use Blackberries. As far as I’m aware this is the first time we’ve been made aware of the cost they incur. This is no criticism of councillors for whom Blackberries are a lifeline to keeping on top of Council work whilst juggling their other responsibilities. I personally don’t have a Council Blackberry because I just don’t really like them, having tried an iPhone I couldn’t face going back!]

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notes from JK

Requesting council webcasting open up

I’m delighted that Cllr Brian Oxley, chair of the Governance committee, has agreed to take my letter (below) at the meeting on 1st February. I hope that we’ll be able to agree a path for opening up how tax-payer funded webcasts.

Cllr Brian Oxley

Chair, Governance Committee

Brighton & Hove City Council

Kings House, Grand Avenue

Hove BN3 2LS

17th January 2010

Dear Cllr Oxley

WEBCASTING PROTOCOL & ARRANGEMENTS

I am writing to ask that the committee review the protocol and arrangements associated with the council’s webcasting systems.

Specifically section 4.5 of the current webcasting protocol is excessively restrictive. As the findings of the First-Tier Tribunal (Local Government Standards in England) in my appeal of November 2010 state on para 71:

A finding of a breach on the facts of this case would have been disproportionate and would effectively lead to discrimination against elected members by imposing restrictions on their use of certain publicly available Council resources which the general public would be under no obligation to observe, but without any objective justification for the discrimination.

Since the date of the complaint from which this appeal arose, the webcasting protocol has been modified to create what the Tribunal judged to be unreasonable restrictions, namely that permission must be requested and certain uses forbidden, restricting Members’ freedom of political expression.

Given the growing support for openness and transparency in government, I believe the protocol should be reviewed. I ask that, as the Leader of the Council has indicated a willingness to use the Open Government Licence, such a licence is used for council webcasts.

I am also aware that the Council’s contract with webcast supplier Public-i restricts how the video captured may be used. Section 3.6 of Annex 7 from the contract renewal states in part:

You will not copy or reproduce the Content or the Webcast Data on to any other server or location for further reproduction without our prior consent, which will not be unreasonably withheld.

Such a requirement would clearly prevent a Member from placing a clip on YouTube without having first sought permission from the supplier, Public-i. Again this would be deemed unreasonable by the Tribunal.

Thus the protocol and contractual arrangements should be reviewed so that elected Members and members of the public are free to use the tax-payer funded webcasts. Any abuse to misrepresent would be covered by existing laws including libel and should not be cause for adding restrictions.

I look forward to your response.

Yours sincerely,

Cllr Jason Kitcat

Categories
notes from JK

Response from Sainsbury’s solicitor

So I have today received a reply to my letter querying Sainsbury’s licensing policy with regards to their ‘Local’ stores. It clears up the impression that there Sainsbury’s policies which differed to how their competitors in the ‘local’ supermarket arena promote alcohol. They all advertise it and place it prominently:

To: Jason Kitcat

RE: Query on Sainsbury’s licensing policy

14 January 2011 16:05:51 GMT

Dear Cllr Kitcat,

Many thanks for your email dated 10th January.

When I spoke at the hearing on 21st December I did say that Sainsbury’s Locals do not display alcohol in the shelving immediately by the entrance to the store and that they do not display posters on their exterior to promote alcohol-related deals. I was genuinely under the impression that this was the case.

I now accept that at some locations there will be alcohol displayed close to the store entrance and there may be external advertising of alcohol promotions. I will be writing to each of the Councillors who sat at the hearing to explain the position.

There was no intention to mislead the Committee or other parties to this matter and I apologise for any confusion.

Thanks

Robert

Robert Botkai

Partner

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notes from JK

Letter querying Sainsbury’s licensing policy

I wrote today to Sainsbury’s solicitor who dealt with their applications in the city. Following Mr Botkai’s comments that Sainsbury’s had a very restrained approach to alcohol sales I wanted to understand why their ‘Local’ stores which I had passed did not meet the policy as it had been explained to me.

Robert Botkai

Partner – Property & Licensing,

Winckworth Sherwood LLP

Minerva House

5 Montague Close

London SE1 9BB

10th January 2011 (via email)

Dear Mr Botkai

When you presented the licence application for Sainsbury’s Local North Street, Brighton on 21st December 2010 you made a number of statements about company-wide policies. These were in relation to Sainsbury’s policies with regards to the sale of alcohol at the ‘local’ type stores.

Specifically you asserted that, as a matter of national policy:

1. Sainsbury’s Locals do not promote alcohol in the high profile doorway shelves.

2. Sainsbury’s Locals do not have posters on their exterior to promote alcohol-related deals.

I queried this as I had noted a wine promotion in the doorway shelving of Sainsbury’s Local on Western Road near Preston Street. The regional manager with you at the hearing stated this was an error by the store manager, as it was against your policies.

However a few days later (23rd December 2010) I still observed a wine promotion in the doorway of the Western Road (Brighton) store. At the Western Road (Hove) store I again noted an alcohol promotion by the doorway, plus a poster promoting a deal on beer. (Images of these are attached)

I recognise that other stores including Tesco and Somerfield have similar practices of promoting alcohol deals. However, you made specific play of Sainsbury’s responsible licensing policies in relation to placement and promotion at their ‘local’ stores.

Could you clarify for me the status and detail of these policies. Are Sainsbury’s Local stores in Brighton & Hove all in breach of the national policies, or are the policies not as prohibitive as suggested?

I look forward to your response.

Sincerely,

Cllr Jason Kitcat

Encl. [See the images on Flickr]

Categories
notes from JK

McDonalds 24hr weekend licence refused

This morning I attended a licensing hearing as an objector to McDonald’s application to extend their hours. Their Western Road, Brighton branch wanted to open from 5am Friday morning until midnight Sunday non-stop. They also wanted to close an hour later the rest of the week at midnight. Currently they only operate until midnight on Friday and Saturday nights.

When I discussed this application with residents they were very concerned. They argued that there would be increased late night nuisance and disorder caused by the longer hours. It’s a sad reflection on the licensing system that they were unaware of the application until I let them know, and of the few that said they’d object only one was received by officers – but a few days past the deadline for receiving objections so it couldn’t even be considered. So it was just the Police and I as objectors — despite our knowing many residents felt strongly about it. The licensing regime has to be made more accessible for residents.

I won’t rehearse all the arguments made at the panel, as it went on for a good 3 hours at least!

A few notes of interest though: As is often the case, the use of a barrister, can be counterproductive. Too often I’ve found that barristers use approaches which might work in a court-room but end up only turning licensing hearings against them. McDonald’s barrister did the same today — though I might add we had a very interesting discussion about councillor code of conduct tribunals as he had read of my experiences with them!

The owner-operator for Brighton McDonalds mentioned at the hearing that his night-time trade had grown 40% in the last 2 years. He also claimed that last year he served 540,000 people at his Western Road branch and 750,000 at his Marina branch. He made great play of the public sector shift workers such as police officers and nurses who use his Marina branch at all hours.

That may well be… but he failed to address the fact that, unlike the Marina, his Western Road branch is in the city’s cumulative impact area. It’s clear to me, as it was to the police, that people otherwise walking home after a long night would be likely to stop if was a McDonalds open there. We know that drunk people emerging from clubs are noisy and if they are queuing, eating or just hanging around with friends they are going to produce that noise in an area bounded by residential streets. We also know that queues for late night food are often a flashpoint for fights. Yet McDonalds had not even suggested having a single member of security staff to proactively manage any problems, just CCTV and a mobile support unit to call if trouble flared up – reactive, not preventative measures.

Thankfully the panel agreed with the Police and I, so the application was refused in its entirety. I think it’s highly likely McDonalds will appeal or submit a revised application.

Categories
notes from JK

Full Council December 2010 – the snow or no snow edition

Thursday night saw the last full council meeting of the year being held at Brighton Town Hall. It was the first without Cllr Smart who recently passed away very unexpectedly. So we heard a number of very heartfelt speeches marking the loss, particularly from Cllr Geoffrey Theobald.

On a more upbeat note the public took great interest in the meeting, the galleries were packed and we saw a huge number of public questions and petitions. Most focussed on the Bright Start nursery which the Tories have threatened with closure. The case for closure is not made, the nursery with a little management attention could easily be made viable. Rather than giving it a chance, or admitting that closing it in the middle of a school year makes no sense, they waffled. Then, with no forewarning, council leader Cllr Mears announced that a new consultation would be launched to see if parents and staff would take on the nursery themselves. I’m tired of hearing these ‘big society’ wheezes. The council is the way by which citizens are acting collectively to provide services. Why on earth should people – already with jobs and lives of their own – now run public services too when we have a council to do it?

Cllr Mears continued that evening to make numerous outbursts, often claiming them to be ‘points of order’ when in fact they were no such thing. Points of order are for highlighting breaches of council protocols and rules, not for debating matters or to get the last word as Cllr Mears was using them. Unfortunately this behaviour by his group leader put the Mayor Cllr Geoff Wells in a difficult position, and so he chose not to challenge Cllr Mears.

Anyway a Green motion on Bright Start and amendments to recommendations were both passed at the meeting, so I believe the closure plans will now have to be put on hold. Green Cllr Lizzie Deane delivered a superb speech, her maiden speech in fact, in support of the motion so victory was doubly well earned.

There was also a good crop of questions from councillors. In them I have managed to winkle out a number of commitments. Firstly Cllr Mears has agreed to advocate use of the Open Government Licence by the council, this is effectively a Creative Commons by attribution licence, thus setting the scene for much more use and reuse of council-produced publications and data.

I also learnt that the pay multiple for Brighton & Hove City Council is 13.1, which means the highest paid officer earns 13.1 times more than the lowest paid officer. Not as high as the worst offenders in the corporate sector, but still plenty of room for improvement. Cllr Mears agreed with my request to publish this figure as a regular council performance indicator.

I also used questions to pressure the council about their use of tax-evaders Vodafone and the decline of recycling rates in the city centre.

In other business the new, very much improved, council statement of licensing policy was approved. Greens were the only political group to submit ideas to the consultation process for this revision, and I was the only councillor from any party to attend the Licensing Strategy Group meeting which debated the policy. We also managed to pass an amendment which will institute a further review to expand the cumulative impact area. This area helps to reverse some of the laxity of the original 2003 Licensing Act, by making it easier to refuse new and extended licences in areas already with a high density of venues.

A number of important scrutiny reports were presented, including on city-wide 20mph limits, which stimulated heated exchanges with Cllr Geoffrey Theobald who just doesn’t quite understand the idea of large areas all being at 20mph being preferable to a patchwork of different limits. Or he didn’t appear to anyway.

Around this time Cllr Mears, in another abuse of council procedures, announced that there was heavy snow and more to come. So when the now-usual closure motion was called by the Mayor after 4 hours of business had passed, votes split as people worried about getting home. Personally I think that there are so few council meetings, and they are so important to the city, that a little bit of a late night 6 or 7 times a year is my duty. So I voted against the closure motion.

Unfortunately it did pass, and we emerged to find hardly a snowflake to be found. With her group outnumbered and out-manoeuvred had Cllr Mears used the snow to end a tricky meeting? We shall never know.

The remaining business was voted on without debate, so I couldn’t speak to the two Labour motions nor the Green motion seeking to control private rents and bring some sanity to the private rented sector.

Exactly two years go Cllr Kevin Allen had burbled a furious speech against a motion I had presented which opposed NHS privatisation. Both Tories and Labour had voted it down as their policies support PFIs and NHS marketisation. Yet this Thursday Cllr Allen was presenting a motion raising concerns over… privatisation of the NHS. Could it be?!

I share those concerns. But I’m more worried that Labour think they’re going to pull a fast one. Yes Andrew Lansley’s health reforms are shocking and regressive, but he did trail them in his health manifesto. Labour can’t now jump into the fight privatisation when for 13 years they pushed more PFIs and cracked the NHS open to corporate providers. What on earth do Labour stand for? It seems to me they like to appeal to ‘progressives’ but their agenda continues to be neo-liberal. Their shadow local government minister admitted on Monday that Labour also would have cut council budgets and they’ve not explained how or when they would have stopped the NHS privatisation process they started. Saying whatever it takes to win is not honest politics – it’s part of the problem.

Similarly, Labour’s motion on Vodafone’s tax evasion was all well and good. But Vodafone (and others) didn’t start evading tax after this May’s election… it was happening under Labour’s watch too. Anyway both of Labour’s motions and the Green motion was passed – though notably the LibDems voted against the NHS privatisation motion.

All in all a rather anti-climactic council meeting. Once again debate was cut short just before the notice of motion could be addressed. But some good results and signs that the Tories are floundering.

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current affairs

YouTube Tribunal Success!

Today was the culmination of a process which began in early 2009 when Conservative Cllr Ted Kemble filed a complaint against me for putting clips on YouTube. The full background can be read in my previous blog posts.

The Tribunal hearing was held in a room at the Hilton Metropole Brighton hotel. This was arranged by the Tribunal service. Whilst I was grateful for a good number of supporters in the public gallery, in the hot seat it was just me there to represent myself.

The Council on the other hand had brought Mr Wayne Beglan, an outside barrister along with two council solicitors, a press officer and the Chairman of the Standards Committee.

The Tribunal consisted of Simon Bird QC, Narendra Makanji and David Ritchie. I don’t know Mr Ritchie’s background, Mr Makanji is a Labour activist and involved in a number of public bodies. Mr Bird is a barrister from the same chambers as the Council’s barrister Mr Beglan. However that didn’t stop him rather comprehensively demolishing some of Mr Beglan’s arguments during questioning!

I presented my arguments first. You can view my notes for my presentation here [PDF], though I did range beyond my prepared remarks as the presentation unfolded. The tribunal panel challenged me on a number of points, but mainly on my argument that the code of conduct didn’t apply because I wasn’t acting in my official capacity as a councillor when uploading videos to YouTube. I had difficulty providing clear-cut, legally grounded responses to some of their questions and so I wasn’t surprised when in their judgement they didn’t agree with this specific argument. Thankfully that didn’t affect the positive outcome.

Then the City Council’s barrister made his remarks. I found them to be rather piece-meal and quite often misleading if not factually incorrect. It is hard to tell if these were deliberate attempts to spin the Council’s case or just oversights through failure to fully review all the paperwork. Mr Beglan tried to conjure up a view that I had changed my arguments each time I had been asked to defend my actions. But in fact I was able to rebut this with the paperwork already before the tribunal.

Mr Beglan completely failed to take on my arguments that the Council’s interpretation of the code of conduct impinged on my European Convention on Human Rights article 10 rights to freedom of speech.

I then had a chance to rebut Mr Beglan’s presentation, though the panel through their questioning had done better work than I could have done. To be fair to him, it wasn’t easy to defend the Standards Committee’s original decisions.

Much of the debate ended up being about what constitutes a council resource and what would be improper use of such a resource. Many metaphors and examples were wheeled out, which I think were helpful in exploring the ideas. In the end the copyright issues surrounding the webcast were sidelined by the primacy of the article 10 issues. But it wasn’t disputed that there are exceptions to copyright protection which I could use to legally excerpt clips, and I think this contributed to the view that no resources as meant by the code were used by my actions.

Essentially it came down to this… The Council’s interpretation of the code would result in discrimination against me because I was a councillor — members of the public could do what I had done without restriction, so why couldn’t I? The code of conduct could not and should not be interpreted to restrict my rights to freedom of political expression.

So after an adjournment of an hour and twenty minutes the panel returned to find that they agreed with me that I had not breached the code of conduct. They rejected the findings of the Standards Committee and the sanctions immediately cease to have effect.

The tribunal’s full reasoning will be published in 14 days and there are 28 days for the Council to apply for leave to appeal. In summary the tribunal stated, in reference to my actions that:

6.1 He did not fail to treat Councillor Theobald with respect;

6.2 The resources of the Council which he used in posting the video clips fell outside the scope of the resources to which paragraph 6b(ii) applied;

6.3 To find the Appellant breached paragraph 6(b)(ii) of the Code on the facts of this case would involve a disproportionate interference with his right to freedom of expression protected by Article 10 of the ECHR.

Whilst a stressful day, I didn’t find the legal debate and questioning quite as difficult as I had feared. For someone representing themselves (I refused to spend any money on this) I think I did reasonably well, mainly because a number of very kind people offered me tips and read my notes ahead of the hearing. Thank you to everyone who supported me in person, with messages or by signing ORG’s action on this.

I am absolutely delighted with the outcome. It completely erases the original sanctions and findings. It also shows that the code of conduct cannot be used to stifle freedom of expression, which is exactly what the local Conservative councillors were trying to do in filing the complaint in the first place. I address this further in the press release. For as long as the code of conduct still exists (Mr Pickles says it will be go), this result is important in giving councillors across the country greater confidence in their ability to express themselves freely.

Now, back to the work of representing my constituents as best I can. But I will also be following this up looking into a variety of issues. The Tribunal chose not to address my concerns with how the original Standards Committee panel worked including Cllr Lepper claiming not to have seen the videos in question (as supported by witness statements I collected) but then the Standards Committee subsequently flatly denying she said this. Also did the council really need to send so many people to the Tribunal, why did they fight my appeal so hard?

UPDATE: Freedom of Information request now filed. Cllr Kemble and the chair of the original Standards Committee hearing panel are spinning that all I had to do was apologise. No, I overturned being found guilty of improperly misusing council resources (a serious finding which I had to clear) and faced censure + suspension unless I apologised and submitted to re-training.

UPDATE 2: You can hear on BBC iPlayer the tribunal being discussed on BBC Sussex Radio before and after the result. In the second piece Dr Wilkinson from the Standards Committee and Cllr Kemble both participate, sounding rather unrepentant if you ask me!

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notes from JK

How we treat children is a reflection of what we consider to be important

After the Tories had passed their guillotining motion to end last Thursday’s council meeting, all remaining business was put to the vote. I was delighted that the motion Cllr Rachel Fryer and I proposed was passed in that process. However, that we were not able to debate it was a source of regret to me.

Here’s what I would have said…

Full Council 21st October 2010

Speech seconding Notice of Motion on Cuts hitting Children & Young People

Mr Mayor I stand to second this motion as a father, as a son and as someone who believes that family is about community and not just blood ties.

Greens don’t believe there is an economic case for sudden, deep government cuts at this time. However if there must be cuts, they certainly should NOT hurt the most vulnerable and those least able to make the case for the services on which they depend.

It’s a truism to say that children and young people are our future. I believe that how we treat children – who are inherently innocent and trusting – is a reflection of ourselves and of what we believe to be important.

Good health, education and fulfilling work are important. Yet the cuts this motion notes say the opposite. The cuts say bank bailouts, subsidies for nuclear power and cold war era arms like Trident are more important. They are not.

– freezing child benefit for three years;

– cutting the Health in Pregnancy Grant;

– cutting the Sure Start Maternity Grant for all but the first child;

– cuts in Housing Benefit – which will affect families with children the most;

– a cut in Tax Credit entitlements for the poorest by withdrawing the Baby Element;

– the cut in the Child Trust Fund.

These and other cuts say children aren’t important. But that’s not what we believe – children are our future and our inspiration.

Let us show this city what we believe in. By supporting this motion you vote for hope in a better future for our children.

[ENDS]