Agenda and minutes

There were no declarations of interest.

In accordance with the Constitution a motion without notice was moved by Councillor D Welsh, seconded by Councillor S Walsh and agreed that agenda items 3.1 (Implementing the Devolution Agreement – Provision for Mayoral West Midlands Combined Authority) and 3.2 (Statement by the Leader) be combined and that the time limits for speeches by the Leader and Leader of the Opposition (or nominee) be increased accordingly.

Report of the Chief Executive

Further to Minute 3/16 of the Cabinet, the City Council considered a report of the Chief Executive, which set out the proposals for implementing the Devolution Agreement and provisions for Mayoral West Midlands Combined Authority (WMCA).

The seven Metropolitan Councils of the West Midlands (Birmingham City Council, City of Wolverhampton Council, Coventry City Council, Dudley Metropolitan Borough Council, Sandwell Metropolitan Borough Council, Solihull Metropolitan Borough Council and Walsall Metropolitan Borough Council) conducted a Review of Strategic Governance in 2014 to assess whether the arrangements for economic development, regeneration and transport as they stood should continue or would benefit from improvements. This review highlighted the positive joint working to date that had been in place through informal arrangements, and considered options for the future.

The Review concluded that the establishment of a combined authority for the West Midlands was best placed to support business, to further growth, and to create jobs to secure an improvement in the region’s economic conditions. The Combined Authority would draw together strategic work across transport, economic development, employment and skills, improving outcomes and providing opportunity for the region. 

A Scheme was then drafted to form the legal basis for the creation of the new body, containing the membership, powers, functions and voting arrangements.  On the 13 October 2015, the Council endorsed these proposals and agreed that Coventry City Council should formally become a constituent member.  In addition, it resolved that the Devolution Deal should come back before Cabinet and Council for full consideration and debate.  Following this agreement, the Scheme was submitted to Government and a Draft Order (“The Establishment Order”) based on the Scheme was created by the Secretary of State.

On 23 February 2016 the Council consented to a Draft Order being laid before Parliament to allow for the creation of the West Midlands Combined Authority (WMCA).  The Cabinet noted that this “Establishment Order” was currently before parliament and was anticipated to come into force on 10 June 2016, on which date the WMCA would be established.

Negotiations with Government had continued to ensure that the WMCA created the right economic development incentives for the people of Coventry. In November 2015, a proposed “Devolution Deal” was signed by the Leaders of the seven Constituent Councils and the three Local Enterprise Partnership Chairs. The “Devolution Deal” was the basis of the agreement and underpinned the first stage of devolution. Assurance work around the Devolution Deal was also undertaken by PricewaterhouseCoopers (PWC) and Grant Thornton and were appended to the report submitted.

The Devolution Deal stipulated that the Chair of the WMCA would be a newly, directly elected Mayor, holding specific powers and functions. A draft order, the “Mayoral Election Order” was also appended to the report for consideration. Subject to consent by all of the constituent authorities, it was anticipated that the Order would be laid before Parliament in June 2016 providing for the Election of a Mayor for the WMCA on 4 May 2017.  The Cabinet noted however that  ...  view the full minutes text for item 17.

The Leader, Councillor Duggins, made a statement in respect of the “West Midlands Combined Authority.”

Councillor Blundell responded to the Statement.

Report of Executive Director of Resources

The City Council considered a report of the Executive Director of Resources in respect of the appeal brought by Sky Blue Sports & Leisure Limited and Arvo Master Fund Limited (collectively ‘the Appellants’) against the judgment of Mr Justice Hickinbottom was heard in the Court of Appeal on 3 and 4 February 2016. The City Council was named as the Respondent in the appeal and Arena Coventry Limited and the Alan Edwards Higgs Charity were named as interested parties. The Judgment of the Court of Appeal was handed down on 13 May 2016, dismissing the appeal in its entirety.

The Appellants had indicated that they would seek permission to appeal the decision to the Supreme Court. The report sought authorisation from Members for Officers to defend any such application to appeal, and any subsequent appeal in the event permission is granted.

It was noted that since publication of the report, the Appellants had submitted to the Court of Appeal for permission to appeal the judgement dated 13 May 2016 to the Supreme Court, therefore Recommendation (1) had been amended accordingly.

RESOLVED that the City Council authorise the Assistant Director for Finance and Legal Services (Place & Regulatory) to:

(1)  Ratify the decision to defend on behalf of the City Council the application submitted to the Court of Appeal for permission to appeal the judgment dated 13 May 2016 to the Supreme Court.
 

(2)  Defend on behalf of the City Council any application to the Supreme Court for permission to appeal the judgment dated 13 May 2016 if leave to appeal is refused by the Court of Appeal.

(3)  Defend the appeal on behalf of the Council if permission to appeal to the Supreme Court is granted 

(4)  Defend any subsequent and/or associated legal action brought by the Appellants against the Council

(5)  Make any consequential applications considered necessary as a result of recommendations (1), (2), (3) or (4) 

(6)  Update the ACL Panel as appropriate on developments as to any appeal and estimates on future costs to be incurred.