derry city and strabane district council minutes of...

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Derry City and Strabane District Council

Minutes of Monthly Meeting of Derry City and Strabane District Council held in

the Chamber, Guildhall, Derry on Thursday 26 September 2019 at 4.00pm.

Present:- Councillor M Boyle (Mayor)(In the Chair); Aldermen Bresland

Devenney, Guy, Kerrigan, McClintock, McKane and Warke; Councillors J Barr, R

Barr, J Boyle, Burke, Carr, Cooper, Dobbins, Donnelly, Duffy, Durkan, Farrell,

Ferguson, Fleming, Gallagher, Harkin, Hunter, Jackson, Kelly, Logue, McCann,

McCloskey, McGuire, McHugh, J McKeever, McKinney, Mellon, Reilly and

Tierney.

In Attendance:- Director of Business and Culture (Mr S Gillespie), Director of

Health and Community (Mrs K McFarland), Director of Environment and

Regeneration (Mrs K Phillips), Lead Legal Services Officer (Mr P Kingston),Lead

Democratic Services and Improvement Officer (Ms E Cavanagh), Democratic

Services Officer (Mrs S Maxwell) and Committee Services Assistant (Mrs T

Johnstone).

_________________

C226/19 Notice and Summons of Meeting

The Mayor read the Notice and Summons for the Meeting.

C227/19 Member Attendance and Apologies

The Mayor completed the roll call and recorded apologies from

Aldermen McCready and Ramsey and Councillors Cusack and

McLaughlin.

C228/19 Webcast Announcement by the Mayor

The Mayor read the Webcast Announcement for the Meeting.

C229/19 Declaration of Members Interests

Councillor Ferguson declared a non-pecuniary interest in the following;

Notice of Motion – 5G Wireless.

Councillor Cooper declared a non-pecuniary interest in the following;

Deputation – Visit Derry.

Open for Decision

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Chairperson’s Business

C230/19 Changes to Committee Membership

Alderman Guy advised Members that as Party Leader of the Ulster

Unionist Party on Derry City and Strabane District Council, he wished to

make the following changes to committee membership:

Alderman McKane to replace Alderman Guy on the Health and

Community Committee.

Alderman Guy to replace Alderman Hussey on Governance and

Strategic Planning Committee.

Alderman Guy to replace Alderman Hussey on the Cultural Steering

Group, North West Region Development Group and Strategic Growth

/Community Planning Partnership.

He stated that all other Committee memberships would remain

unchanged and that Alderman McKane would replace Alderman

Hussey on a like-for-like basis.

Councillor Duffy advised that Sinn Féin wished to make the following

changes to Committee memberships:

Councillor Cooper to replace Councillor Fleming on the Advice Services

Panel

Councillor Fleming to replace Councillor Cooper on the Adverse

Weather Working Group.

Councillor Reilly advised that SDLP wished to make the following

changes to Committee membership:

Councillor J Boyle to replace Councillor Tierney on the NILGA Policy

and Learning Network - Elected Member Development.

Alderman McClintock advised that Alderman Devenney would replace

Alderman Bresland on the Strabane Neighbourhood Renewal

Partnership Board.

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C231/19 Confirmation of the Open Minutes of the Meeting of Derry City

and Strabane District Council held in Thursday 18 July 2019

The Minutes of the Meeting of Derry City and Strabane District Council

held on 18 July 2019 (C180/19-C219/19) were submitted.

Alderman Devenney Moved, Alderman Guy Seconded and the Council.

Resolved that the above Minutes be adopted, as a

true record of the Meeting

Matters Arising

C232/19 Graduate Entry Medical School at UU Magee (C186/19)

Councillor Reilly enquired if any update had been received in relation

to the proposal to meet with the Derry University Group and other

interested parties regarding the Graduate Entry Medical School at

Magee. He stated that his Party had asked Ulster University to

demonstrate their commitment to the Graduate Entry Medical School

by relocating the Health Sciences Faculty to Magee Campus. He noted

that it had emerged during a recent meeting of the Governance and

Strategic Planning Committee that the university were intending to

move some of its courses from the Jordanstown Campus, however they

had not decided on a location. He stated that Derry was well placed to

receive the Faculty of Health Sciences which would complement the

proposed Graduate Entry Medical School. He proposed that Council

writes to the Ulster University to make the case that they should

relocate those courses within the Faculty of Health Sciences to Magee

Campus. He stated that this would complement the proposed Graduate

Entry Medical School.

Councillor Reilly Proposed, Seconded by Councillor J Boyle

That this Council writes to Ulster University and put

forward the case to relocate those courses within the

Faculty of Health Sciences to Magee Campus.

Councillors McCann and McCloskey entered the meeting at this point.

The Chief Executive referred to the meeting of the Governance and

Strategic Planning Committee on 2 July 2019, where the Provost and

senior members of staff at Magee presented on the City Deal Update.

He advised that the Vice Chancellor of Ulster University would be

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attending the meeting of Governance and Strategic Planning on

Tuesday 1 October 2019 to discuss proposals in relation to Magee.

Councillor Harkin enquired if there had been any update regarding a

meeting with the Derry University Group or any other interested

parties. He stated that there had been a lot of media coverage on the

matter and emphasised the importance of putting more pressure on

Ulster University and the Department.

In response, the Chief Executive stated that following the motion

proposed and adopted by Council on 18 July 2019, Senior Officers had

been tasked with drafting a scoping paper to include the options

outlined in the proposal and to meet with the various interest groups

throughout the City and District. He advised that a report would be

presented to the relevant committee on the matter.

Councillor Harkin stated that time was of the essence and stressed the

importance of the scoping exercise being carried out as soon as

possible within a limited timeframe.

The Chief Executive noted the comments in respect of the matter. He

described the notice of motion as ‘wide ranging’, therefore the quality

of the scoping paper would be determined on the time and resources

available to produce it. He stated that it was his intention to bring a

report to Members within the next number of months.

Councillor McCann concurred that it was important that Council

engaged with other interested groups on the matter as there had been

no indication by Ulster University to redress the balance against Derry

and the North West. He stated that no money had been dedicated to

the expansion of Magee Campus or the Graduate Entry Medical School.

He noted that the Head of the Civil Service stated that the resources

required for any expansion at Magee would have to be found by Ulster

University. He expressed concern that Ulster University would not

agree to fund the school and that Council should take a firm view on

the matter.

Councillor McKeever entered the meeting at this point.

C233/19 Notice of Motion - NIPSA (C214/19)

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Councillor Harkin noted that NIPSA had organised recent strike action

for better working terms and conditions, however the matter still had

not been resolved. He stated that more strike action was planned on

September 30 and October 3 2019 by NIPSA across the North. He

asked for an update regarding the request for correspondence to be

sent to the Permanent Secretary for the Department of Finance. He

stated that it was Council’s corporate policy to support strike action

until a resolution had been found.

The Chief Executive advised that a response had been received from

the Permanent Secretary and was included in the meeting papers.

C234/19 Special Planning Committee Meeting held on Thursday 22 August

2019

The Minutes of the Planning Committee held on 22 August 2019

(SP6/19-SP7/19)

Alderman McClintock Moved, Seconded by Councillor McGuire and the

Council

Resolved that the above minutes be adopted as a

true record of the Meeting.

C235/19 Monthly Governance and Strategic Planning Committee held on

Tuesday 3 September 2019

The Minutes of the Governance and Strategic Planning Committee held

on 3 September 2019 (GSP90/19-GSP114/19) were submitted.

On a matter of accuracy, Councillor J Boyle referred to GSP104/19 and

stated that the item in the minutes had referred to the removal of

bullet point 3, however it should actually say bullet point 4.

Councillor J Boyle Moved, Councillor McKeever Seconded and the

Council

Resolved that the above minutes, as amended, be

adopted as a true record of the meeting.

Matters Arising from the Minutes

C236/19 Update on the Strategic Growth Partnership – June 2019

(GSP111/19)

Councillor Gallagher expressed concern regarding a potential crisis

within the Outer West area of Council which may impact on the

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delivery of the Council’s community plans. He proposed that a task

group be set up by the Health and Community Directorate to look at

the potential crisis and that Council officials, Elected Members, the

Department for Communities and the Chairperson of the Assurance,

Audit and Risk Committee be invited to attend. He stated that Council

as a partner within the Outer West Neighbourhood Renewal

Partnership, needed to take steps to address the matter to enable the

community plans and strategies to progress.

Councillor Donnelly stated that as Chair of the Assurance, Audit and

Risk Committee he had spoken to officers on the matter. He stated

that the issue related to an Outer West Limited Company, who acted as

a management agent for the Outer West Neighbourhood Renewal

Partnership. He advised that a number of issues had been raised

regarding a recent internet scam.

Councillor Duffy informed Members that the matter was currently

under investigation.

After seeking advice from the Lead Legal Services Officer, the Mayor

advised that the Department for Communities were currently

investigating the matter and that Council would not prejudice the

investigation as there may be ramifications for Council or individual

Members. She advised that the matter be raised through the Health

and Community Committee.

Councillor Gallagher stated that the matter related to the Department

for Communities issue of tenders to neighbourhood renewal and

community planning groups. He stated that the tenders had been

withdrawn which resulted in the cessation of crucial services being

delivered within those areas. He proposed that the Health and

Community Directorate set up a task group to look at issues within the

Outer West Neighbourhood Renewal Partnership with a view to a

resolution on the matter.

The above proposal was seconded by Councillor Durkan.

Councillor Duffy suggested that officers bring a report on the matter to

a future meeting of the Health and Community Committee to enable

Members to make a more informed decision on the matter.

Councillor Gallagher Proposed, Seconded by Councillor Durkan

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That the Health and Community Directorate set up a task

group to look at issues within the Outer West

Neighbourhood Renewal Partnership.

After voting by a show of hands the result was unanimous and the

Council

Resolved that the Health and Community Directorate set

up a task group to look at issues within the

Outer West Neighbourhood Renewal

Partnership.

C237/19 Report on Meeting Times (GSP103/19)

Councillor Farrell referred to a proposal put forward by him at the

Committee meeting on 3 September 2019 to change meeting times. He

advised that after research carried out by the Committee Section, it was

established that Derry City and Strabane District Council had the

earliest meeting times out of all eleven councils. He noted that at the

meeting of the Governance and Strategic Planning Committee, he

proposed no change to the start time of the Planning Committee and

Council, however he proposed that all other committees commence

their meetings at 6pm. He stated that although there may be some

impact for staff and Elected Members, he felt that the time changes

would result in meetings becoming more open and inclusive.

Councillor Farrell Proposed, Seconded by Councillor Tierney

That in the future meeting times in respect of monthly

Council and Planning Committee Meetings remain the

same, however monthly Committee Meetings begin at

6pm.

Alderman McClintock stated that the DUP would not support the

proposal. She stated that whilst some Elected Members had other

forms of employment there were those who had other Council

commitments in the evenings. She stated that Members were also

trying to achieve a work/life balance. She advised that agreement had

previously been reached on the 4pm meeting start in as the best

compromise to attempt to get a balance between those who have

commitments in the evening and during the day. She stated that newly

Elected Members would have been aware when they were elected as

councillors that meetings commenced at 4pm. She stated that the DUP

believed that the meetings at the present time were the best

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compromise solution and would strongly oppose any attempt to

change them because of individuals who had other work commitments.

Councillor Duffy concurred with the sentiments expressed by Alderman

McClintock. She stated that Sinn Féin would contend that committee

meeting times stayed at 4pm as it was the most suitable option for

those with caring responsibilities and also constituency issues. She

stated that it was in line with union recommendations and Council’s

Supporting People in the Workplace Charter.

Councillor J Boyle stated that the proposal was put forward to

accommodate members of the public who may wish to attend council

meetings. He felt that members of the public should be given the

opportunity to attend meetings and share in debates if they wished.

He further stated that the meeting times should be subject to change

in the future as it could also prevent potential candidates from coming

forward.

The Mayor stated that she shared the sentiments expressed by Sinn

Féin on the matter. She stated that Council had signed up to the

Supporting People in the Workplace Charter, which included ethical

issues regarding supporting people within employment. She stated

that those who wished to sit in the public gallery to listen to debates

were facilitated to do so and also have the opportunity to view Council

meetings on the webcast. She stated that a wider review was necessary

on the matter especially regarding the duration of meetings. She felt

that in her opinion, the 4pm start was the most appropriate option.

She stated that she also concurred with remarks made by Alderman

McClintock and that although some Members had other forms of

employment, the role of Elected Member was an important one.

Councillor Gallagher referred to the length of time for meetings and

stated that the meeting times should not be changed to 6pm. He

stated that in the previous Council term the 4pm start had worked

effectively and that it should not be changed.


That in the future meeting times in respect of monthly

Council and Planning Committee Meetings remain the

same, however, monthly Committee Meetings begin

at 6pm.

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After voting by a show of hands the result was as follows:

For the proposal - 11; Against - 23; Abstentions – 2.

The Proposal Fell.

C238/19 A5/N2 Cross Border Corridor (GSP99/19)

After a request from Councillor Reilly on the matter, the Chief Executive

referred to the Annual Meeting held on 20 May 2019, minute reference

AM12/19 Nomination to External Bodies using the D’Hondt System. He

advised Members of the resolution that, ‘in order to promote equality

across its Elected Members and when seeking nomination to External

Bodies, the Council uses the system of D’Hondt in relation to all positions

across all External Bodies and that they are collectively identified and

filled using the formula set out in Schedule 1 of the Northern Ireland

Government Act 2014.’ He stated that in relation to Schedule 1 part 1

paragraph 6, the guidance advised to continue where the system left

off in respect of rolling D’Hondt. He stated that as he advised at the

Governance and Strategic Planning Committee held on 3 September

2019, the next available position was at 214. He further advised that

the four positions to the A5/N2 Cross Border Corridor Working Group

would therefore be allocated as follows:

Position 214 Ulster Unionist Party (UUP)

Position 215 People Before Profit (PBP)

Position 216 Alliance

Position 217 Sinn Féin (SF).

In response, to a query by Councillor Reilly regarding deputations to

Ministers, the Chief Executive advised that they were not external

bodies therefore would be treated on an individual basis.

The following nominations were then made to the A5/N2 Cross Border

Corridor Working Group:

Alderman McKane UUP, Councillor McCann PBP, Councillor Ferguson

Alliance and Councillor McGuire (SF).

Alderman McClintock enquired if only four Members were permitted to

sit on the committee.

The Chief Executive confirmed that was the current position, however if

the view of Council was for more Elected Representatives to become

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members on that particular committee, an enquiry could be made to

Fermanagh and Omagh District Council.

Councillor Reilly emphasised the importance for Council to seek further

nominations to the group to allow the fullest political representation,

given that it was such a huge issue for people living across the entire

North West.

Councillor Reilly stated that there may be other councils also

nominating to the body who faced a similar issue. He suggested that

those nominated attend the first meeting of the new body to establish

if other councils had encountered similar issues. He stated that within

the Terms of Reference in the new body it may permit additional

members from the various councils.

C239/19 Lighting of Council Facilities (GSP104/19)

Councillor Duffy stated that although she was not a Member of the

Governance and Strategic Planning Committee, she had voiced her

opposition on the decision that was taken on the matter. She stated

that Elected Members were tasked to speak on behalf of constituent’s

interest groups, charities and others contacting Members on occasion

who sought to highlight or raise awareness on a particular issue or

campaign and request the lighting up of Council facilities. She stated

that by presenting those requests as motions to Council gave Members

a better understanding of the reasons and sentiments behind the

requests. She stated that endorsement of the decision would remove a

mechanism which the public had to raise awareness on issues via the

Council. She opposed the decision taken by the Committee that any

future requests for the lighting up of Council facilities be submitted in

writing to the Mayor and asked that the matter be reviewed.

The Mayor stated that she felt that it was a matter for Members to take

forward and was not solely a decision for the Mayor.

Councillor Duffy Proposed, Seconded by Councillor Jackson.

That Council maintain the ability for motions to light up

Council facilities to be presented to Council.

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The Chief Executive stated that it was his understanding that the

committee recommended that bullet point 4 of the report ‘Lighting

proposals advanced via a Motion of Council will not require the Mayoral

approval. In these instances, the cost of lighting will be borne out of the

corporate budget’ be removed. However, the proposal on the floor

would indicate that the report would be endorsed in its entirety with

the inclusion of bullet point 4.

Councillor Gallagher stated that the proposal was requesting that

Council edit recommendations made at committee rather than

adopting these. He outlined that the purpose of Council was to adopt

the minutes of committee meetings. He stated that on previous

occasions proposals were made for Members not to adopt a certain

section of committee minutes. He expressed his concern that editing a

recommendation may set a precedent going forward.

Councillor Duffy thanked the Chief Executive for his clarification on the

matter. She stated that the purpose of Council was to ratify

recommendations taken at committee meetings and also gave all

Members the opportunity to discuss committee recommendations.

Alderman McClintock stated that although she was a member of the

Governance and Strategic Planning Committee and had voted on the

matter, the purpose of full Council was to ratify or otherwise the

recommendation that had been made. She stated that Members did

not wish to silence anyone who wanted to light up Council facilities for

a good cause, however Council was lighting up the buildings so often

that the intended result was not as effective as it once was. She further

stated that although Members had a duty to bring forward queries

from constituents, they could also submit a written request as there

were too many ‘pop-up’ motions being submitted. She stressed that

Council needed a clear way forward on how people would submit a

request to have the facilities lit up.

Councillor Mellon felt that it was contradictory to say that Council were

not going to silence constituents but then seek to remove this method

of having their voices heard. She added that the frequency of requests

successfully demonstrated how people could highlight worthwhile

causes.

Councillor Duffy referred to previous remarks by Alderman McClintock

referring to the requests as ‘pop-up’ motions, she clarified however

that these motions were included in the meeting papers for Council

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well in advance of the meeting. She described the language used at

committee where those particular causes were described as ‘pet

projects’ as insulting to those who had requested their cause be

highlighted by Council.

Councillor Harkin stated that when the matter was discussed at

committee, he opposed the recommendation. He stated that it should

not be left to the whim of a Mayor to make decisions on the matter as

they may not support certain issues that come before them.

Councillor Donnelly concurred that Council was the appropriate arena

for Members to debate on matters and for decision making. He stated

that Members were elected from different backgrounds and

communities therefore such matters it should be discussed at full

Council.

Councillor Ferguson concurred with the remarks made by the previous

speakers. She referred to the previous comments regarding submitting

a written request and reiterated that motions were submitted in writing

at least one week before a meeting.

The Mayor stated that her office and the office of former Mayor’s was

frequently inundated with requests, some of which could not be

accommodated. She stated that there would be some items that she

would feel passionate about and wish to support, however due to

circumstances beyond the control of Mayor, it may not have been

possible to facilitate all requests. In her opinion it was not for the

incumbent Mayor to deal with such requests.

Councillor J Boyle stated that whether a request was submitted to the

Mayor’s office or by a notice of motion, it did not mean that it would

be accepted due to the number of requests made. He advised that the

Governance and Strategic Planning Committee had attempted to

decide on the fairest option.

Councillor Tierney requested a short recess to discuss the matter

further.

Councillor Duffy proposed, seconded by Councillor Jackson

That Council maintain the ability for motions to light up

Council facilities to be presented to Council.

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For – 27; Against – 0; Abstentions – 7.

The Proposal was therefore carried and the Council

Resolved That Council maintain the ability for motions to

light up Council facilities to be presented to

Council.

C240/19 Monthly Planning Committee held on Wednesday 4 September

2019

The Minutes of the Planning Committee held on 4 September 2019

(P94/19-P112/19) were submitted.

Councillor J Barr Moved, Seconded by Alderman McClintock and the

Council


true record of the Meeting


C241/19 Planning Application LA11/2018/0817/0 (P102/19)

The Mayor in response to Councillor Kelly advised that a response had

not been received to date.

C242/19 Special Meeting of the Planning Committee

The Lead Legal Services Officer advised that Members of the Planning

Committee would have received a holding date for a Special Meeting

on Monday 21 October 2019. He advised that the full Council meeting

would be held on 24 October, therefore the minutes would not be

circulated with the initial agenda and associated papers, nor would

Council be able to comply with the usual requirement that the minutes

be submitted seven days prior to the meeting. He asked Members, if

the meeting proceeded, that the requirement be disapplied and the

minutes be submitted late but before the Council meeting.

Councillor McGuire Proposed, Seconded by Alderman Devenney and

the Council

Resolved That the minutes of the Special Meeting of the

Planning Committee to be held on Monday 21

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October 2019 to be submitted as a late paper to

be ratified at the Council meeting on Thursday

24 October 2019.

C243/19 Monthly Business and Culture Committee held on Tuesday 10

September 2019

The Minutes of the Business and Culture Committee held on Tuesday

10 September 2019 (BC105/19 – BC127/19) were submitted.

On a matter of accuracy, Alderman McClintock referred to BC115/19.

She stated that discussions had taken place regarding on street car

park enforcement. She stated that she had specifically made reference

to the electric charging points, particularly those at the Diamond and

Carlisle Road which had been out of order for some time. She stated

that as it was a cross directorate issue and had asked if Council were

prepared for an increase of the use of electric cars in the future and

asked the Director of Business and Culture if he would lead on the

matter. However her comments had not been referenced in the

minutes.

On a further matter of accuracy, Councillor Farrell referred to BC120/19.

He stated that when the matter had been raised initially he asked the

Head of Culture if any feedback had been received from government

departments regarding an ongoing maintenance budget for public art.

He then subsequently proposed to defer the decision on a Stitch in

Time until a response was received. He stated that he had also asked

for a specific funding request to be made to the Department for

Communities for a Stitch in Time, however his comments been omitted

from the minutes.

Councillor J Barr Moved, Seconded by Councillor Farrell and the Council

Resolved that the above minutes, as amended, be

adopted as a true record of the Meeting

C244/19 ‘Stitch in Time’ and ‘Celebrate’ Public Artwork (BC120/19)

Councillor Cooper stated that he had been contacted by organisations

and members of the public seeking assurance that the Stitch in Time

artwork would remain on site at the former Rosemount Factory. He

stated that he had met with officers from the Business and Culture

Directorate to discuss the matter. He reported that a scoping exercise

had to take place to determine what maintenance and repair work

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would be required at the installation. He proposed that on the basis of

those discussions that the item be deferred until a further report is

brought to Council on the matter which would hopefully allow the

structure to remain on the roof.

Councillor Harkin stated that Council should not accept the

recommendation by the committee to have the artwork

decommissioned. He explained that although people held different

views regarding the quality of the artwork on the roof of the former

Rosemount Factory, many were shocked to hear of the

recommendation to have it removed. He stated that it had to be

accepted that former attempts by Council to honour the factory

workers of the city with a monument had been unsuccessful.

Therefore, a Stitch in Time was the only recognition to those workers

and their contribution to the city over the years. He proposed that

funding be found to enable the structure to remain in place. He added

that the only suitable reason for its removal was if an alternative way to

properly honour the factory workers was established.

Councillor Jackson referred to comments made by Councillor Harkin.

He stated that Sinn Féin would welcome this approach however, his

party colleague, Councillor McCann had previously expressed the view

that the artwork lacked imagination, adding that he did not see the

point of the feature on a building.

Councillor Farrell stated that he had originally made the proposal put

forward by Councillor Cooper, however it had been omitted from the

minutes. He stated that he welcomed that Sinn Féin and People Before

Profit now held a similar position on the matter.

In response to a query by Councillor Reilly, the Director of Business and

Culture advised that as part of the recommendation to the Business

and Culture Committee on 10 September, it had been agreed to meet

with Artichoke as the commissioned company, the artists and any

relevant government departments. He stated that those discussions

were ongoing. He advised that officers had spoken to the Department

for Communities who were keen to ascertain how they could assist in

the matter regarding a Stitch in Time. He stated that a report would be

brought to committee to consider the various options going forward.

Continuing, he outlined that work towards commissioning a piece to

commemorate the City’s industrial heritage in particular the factory

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workers was progressing and an update would be provided at a future

meeting of the Business and Culture Committee.

Councillor Cooper Proposed, Seconded by Councillor Fleming

That Council agree that the item be deferred until a further

report is brought to Council on the matter which

would hopefully allow the structure known as a Stitch

in Time to remain in place.


For – 34: Against – 1: Abstentions – 1.


Resolved That Council agree that the item be deferred

until a further report is brought to Council on

the matter which would hopefully allow the

structure known as a Stitch in Time to remain in

place.

Councillor McCann stated that he made his recent remarks regarding

the cultural and artistic value of the Stitch in Time artwork and had not

changed his mind on the matter. He further stated that People Before

Profit did not have a party line on cultural aesthetics. He remarked that

his Party wished to have a more appropriate testament to

commemorate the factory workers of the city. He noted that in the

nineteenth century, women from the city and beyond were at the

cutting edge of the trade union movement and that this was an

enduring legacy which should be commemorated and suggested that a

memorial be placed at the local trade union building.

Councillor McCloskey concurred with the sentiments expressed by

Councillor McCann. She stated that a Stitch in Time was a neon sign in

need of costly repairs and described it as an unfitting memorial to the

women and girls previously employed in factories throughout the

years. She noted that the artwork was erected during the City of

Culture year, therefore was not intended to be a permanent structure.

She stated that something of substance needed to be done to

commemorate the factory girls.

C245/19 Deputation: Visit Derry (BC108/19)

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Councillor Gallagher referred to previous deputations to Council by

Visit Derry wherein he had expressed his concern regarding the

substantial funding from Council towards the organisation who did not

extend their marketing strategy to the Strabane area. He stated that

the rate payers from the Strabane area were paying as much money as

those in the City and should be entitled to more than being simply

included through the reference to the Council region. He then referred

to a previous Mayor of Derry City and Strabane District Council who

visited the United States to represent Visit Derry. He stated that

photographs of the visit described him as the Mayor of Derry, with

Strabane being omitted. He felt in his opinion that Visit Derry were of

the opinion that Strabane was not worth marketing. He stated that

people from the Strabane area were asking why the area was not being

promoted. He further stated that it was known that tourism helped

towards building growth in the economy and that Strabane deserved to

have its fair share of Visit Derry’s tourist drive.

Councillor Gallagher proposed seconded by Councillor R Barr

That Council suspend funding to Visit Derry until they

provide evidence of targeting tourism in the Strabane

area.

Alderman Devenney stated that he concurred with the sentiments

expressed by Councillor Gallagher. He stated that he had attended the

first meeting of the Strabane Neighbourhood Renewal Partnership

were business people from the area had raised a number of concerns

regarding the lack of tourism promotion for Strabane from Visit Derry.

He stated that it was important to highlight Strabane as there were

some wonderful historic buildings in the area. He suggested that

businesses from the area meet with Council officers to find ways on

how to promote Strabane as a tourist attraction. However, he stated

that he did not agree with the proposal to suspend funding to the

organisation.

Councillor Cooper stated that in terms of the Strabane area as a tourist

product, a lot of development needed to be undertaken in certain areas

such as the Sperrins to encourage visitors to stay longer. He advised

that product development was not a role for Visit Derry but for Council,

Tourism NI and other bodies. He stated that the funding request made

at the meeting of the Business and Culture Committee was specifically

towards destination marketing which involved promoting a product.

18

He stated that there was a job of work in developing a tourism product

for the Strabane area, however it was not the role of Visit Derry. He

stated that Councillor Kelly stated at the committee meeting that

applications to the Planning Committee for tourist accommodation had

been refused in the past, which would also have an effect on visitor

numbers to the area. He outlined that visitor numbers to the Sperrins

had increased and also in Derry, however not to the same scale and

that more work needed to be undertaken.

Continuing, he stated that if funding to Visit Derry was suspended then

the destination marketing programme for the entire city and district

would cease. He referred to the presentation by Visit Derry where it

was noted that visitor numbers had never been higher with the

subsequent employment that this had created. He stated that the

suspension of funding would be counter-intuitive and more discussions

needed to take place with Visit Derry. In relation to the previous

marketing campaign in the Sperrins area, he stated that some former

tourist attractions no longer existed and the gaps had not been filled.

He stated that discussions were needed with stakeholders from the

Strabane area, accommodation providers and Tourism NI to ensure

that a product was there to market and with the Planning Department

to ensure that applications for accommodation were dealt with

properly in future.

Councillor Reilly stated that people would obviously have concerns

regarding what was being spent in their area, however he felt that the

proposal by Councillor Gallagher to suspend funding was not the

correct way to proceed with the matter. He referred to the

presentation by Visit Derry and stated that the organisation had

highlighted all the good work carried out to attract more people to the

region and were seeking additional funding to further market the city

and region. He stated that the City’s largest tourism event would take

place in a month’s time where the City was renowned for celebrating

Halloween. He stated that if a decision was made not to allocate

funding to Visit Derry, it would be the wrong signal to the visitors who

planned to visit the City next month. He stated that his Party would not

be supporting the proposal, albeit there were other methods to raise

these points with Visit Derry to ensure that people from the Strabane

area were being heard. He stated that Councillor Gallagher had also

previously raised issues regarding the Clipper and Maritime Festival

which took place on and around the River Foyle, however the

19

additional footfall and visitor numbers to the area had a large impact

on the entire North West area.

Councillor R Barr concurred with the sentiments expressed by

Councillor Gallagher and the delegation from Visit Derry had assured

him that their remit covered the Strabane and rural areas. However, not

once during the presentation was Strabane or any of the rural areas

mentioned. He stated that prior to his election onto Derry City and

Strabane District Council, he had felt there was an imbalance with the

funding between Derry and Strabane, with Strabane being the poor

relation and he has not seen any evidence to convince him otherwise.

The Mayor stated that as Mayor of Derry City and Strabane District

Council, she did as much as possible to promote her home town of

Strabane. She described that since being elected as Mayor she found

that Visit Derry did a tremendous job in marketing the entire area as a

visitor attraction. She stated that she had attended a recent meeting

where a similar issue had been raised regarding how the people of

Strabane could promote and market themselves better with the

assistance of Council officers and Visit Derry. She stated that Council

officers also carried out a lot of work to market and promote the entire

district including Strabane, which was of significant importance to

Council. She stressed that it was important that Strabane was given the

due diligence it deserved. She described Strabane as a hidden gem

amongst the other towns throughout the North West, with a lot to

offer visitors to the area. However, she concurred with Councillor

Gallagher that more could be done and that Visit Derry should

encapsulate the entire district.

She stated that she had discussions with Visit Derry who assured her

that they did market the Strabane area, although maybe not as well as

people thought they should. She stated that it was up to visitors to the

region to decide where they wished to go. She then stated that a

further issue to consider was the lack of visitor spend to the area when

they did stay.

Councillor McGuire agreed with the remarks made by Councillor

Gallagher and referred to the Mayor’s point that Strabane would need

to market itself better and expressed concern at the amount of funding

to market the city compared to a much lesser amount for Strabane and

the rural areas. He referred to the recent North West Angling Fair held

in Castlederg and stated that the area had one of the greatest rivers in

20

the North of Ireland, hill walking activities and new walking trails, which

were not sufficiently marketed by Visit Derry.

Councillor Harkin thanked Councillor Gallagher for raising the issue and

hoped that the Council would become more proactive in creating a

situation of fairness. He stated that Strabane should not have to pull

itself up by its own bootstraps and that Council could do more to help

areas that did not have the investment to move forward. He referred to

remarks made by Councillor Reilly and stated that whilst there was a

boom in tourism, nothing had changed for the workers within the

industry. He stated that there were new hotels throughout the city that

reported full capacity during events such as Halloween, yet the

employees were on the same wage as twenty years ago. He stated that

citizens of Derry and Strabane had not seen any change to their lives

even though the City has become a booming tourist industry.

Alderman McKane stated that he agreed with the remarks made by

Councillor Gallagher. He further stated that if there was a tourist bus

going to Strabane he hoped it would also travel to Castlederg, as both

areas had strong connections with famous people such as Woodrow

Wilson and Davy Crockett.

Councillor Gallagher thanked the Members who had supported his

proposal. He stated that he had clearly asked for a suspension to

funding to Visit Derry not to halt it entirely. He said that he put

forward the proposal as the organisation had not acted on previous

requests from Members to include Strabane and the rural areas in their

marketing campaigns. He stated that it was important to have those

issues raised with Visit Derry and to also assure the rate payers that the

matter was being addressed.

Councillor Gallagher Proposed, Seconded by Councillor R Barr

That Council suspend funding to Visit Derry until they

provide evidence of targeting tourism in the Strabane

area


For – 9; Against – 23; Abstentions - 4.

The Proposal therefore fell.

Councillor Farrell stated that he recently attended a meeting of the

Northern Ireland Museum Council and advised Members that the

21

Tower Museum received two awards for accreditation status for the

museum and that a member of staff received 100 percent in a Tourism

NI mystery shopper visit. He added that the Museum had also been

recently designated as dementia friendly. He congratulated the staff at

the Tower Museum on their excellent service which should be

acknowledged.

C246/19 North West Angling Fair 2019 (BC112/19)

Councillor McHugh expressed his gratitude towards the Council staff

who were charged with running the highly successful event in

Castlederg. He referred to the assessment report which was discussed

at the meeting and stated that he wished to highlight some

inaccuracies. He noted that the report had stated the reason that the

event was relocated was because of flooding. He stated that this was

not the case and that the event was not relocated. He advised

Members that a few of the activities were located to the neighbouring

St Eugene’s GAA Club, however this was not due to flooding. He stated

that the Castle site was fully operational and had been used for casting

events and other activities. He advised that the reason why the large

marquee was relocated was due to the ground at the Castle site being

uneven, therefore could not facilitate the marquee. He stated that the

particular area was Council’s responsibility and asked that the matter

be addressed.

Continuing, he also expressed his gratitude to St Eugene’s GAA Club

who showed enthusiasm when asked by Council to facilitate the

marquee. He then referred to negative feedback contained within the

report and stated that as the area was hosting the event for the first

time, minor problems would be experienced. He noted that traders

had reported a decrease in sales and explained that this may be due to

a trader who was closing down and selling his stock at a reduced rate

at the event. He stated that it may have had an impact and asked that

Council consider this for future events.

Councillor McHugh then noted that the angling fair was scheduled to

take place in Strabane in 2020 and wished it every success. He stated

that whilst he endorsed the decision, he reminded Members of when

the North West Angling Fair was created, and it was agreed that the

event would be rotated to take place at various locations throughout

the district.

22

C247/19 Monthly Environment and Regeneration Committee held on

Wednesday 11 September 2019

The Minutes of the Environment and Regeneration Committee held on

11 September 2019 (ER158/19 – ER184/19) were submitted.

On a matter of accuracy, Councillor Duffy referred to ER175/19 –

Nomination to the Members Working Group on graffiti. She stated

that Councillor Burke had been nominated, not Councillor Logue.

Alderman Devenney Moved, Seconded by Councillor Tierney and the

Council

Resolved that the above minutes be adopted, as

amended, as a true record of the Meeting


C248/19 Green Infrastructure Plan Public Consultation Report (ER174/19)

Alderman McClintock noted that a report was to be presented to the

Health and Community Committee regarding the Dog Control Strategy.

She stated that it was important to have the strategy implemented as

soon as possible as recently there had been major issues regarding

incidents at Drumahoe District Park. She expressed concern that out of

control dogs had attacked other dogs with some being seriously

injured, which had subsequently resulted in responsible dog owners

refusing to return to the park. She stated that owners visited the park

with their dogs, however they were unable to control them and this was

a major issue.

C249/19 Play Plan Update (ER184/19)

Alderman Devenney referred to the very informative update on play

provision. He noted that there were areas of very good play provision

throughout the city and district with others that required refurbishment

or areas with no play provision. He stated that he had recently

attended a meeting of the Magheramason Steering Group regarding a

play park for the area. He was informed at the meeting, that the

landscape design team employed to carry out the work had gone out

of business which had also effected other projects throughout the city

and district. He proposed that a report be presented to the relevant

committee containing the list of projects that have been affected due

to the collapse of the design team.

23

Councillor Devenney Proposed, Seconded by Councillor Reilly and the

Council

Resolved That a report be presented to the relevant

committee containing the list of projects

affected due to the collapse of the design team.

Councillor Reilly stated that he had been contacted by constituents

regarding Riverview Park at Abercorn Road. He stated that due to the

growth of large trees in the area there was no longer a view of the river.

He stated that it was his understanding that there had been issues

regarding a boundary wall at the park and asked that a report be

brought on the matter to a future meeting of the Environment and

Regeneration Committee.

Councillor Reilly Proposed, Seconded by Councillor Tierney and the

Council

Resolved That a report be brought to a future meeting of

the Environment and Regeneration Committee

regarding overgrown trees at Riverview Park.

Alderman Bresland left the meeting at this point.

C250/19 Deputation – To receive Mr J Wright (Head of Regulations) and Mr

K Wells (Team Manager), North West Regulations Team NIEA to

give a Presentation on Anaerobic Digesters (Ref ER164/19)

Councillor McCann enquired if there had been any update regarding an

invitation for a representative of the Department of Agriculture,

Environment and Rural Affairs (DAERA) to speak to the relevant

committee on anaerobic digesters.

In response, the Director of Environment and Regeneration advised

that officers were in the process of organising a representative from

DAERA to attend a future meeting of the Environment and

Regeneration Committee and would furnish Members with the

necessary information.

C251/19 Strathfoyle Greenway (ER165/19)

In response to a request from Councillor McCann regarding Strathfoyle

Greenway, the Director of Environment and Regeneration advised that

colleagues had recently met with the Department for Infrastructure

(DfI) and the Department for Agriculture, Environment and Rural Affairs

24

(DAERA) regarding the potential for funding towards Strathfoyle

Greenway. She advised that a request would be submitted to the next

meeting of the Capital Working Group to secure the required land for

the project.

Councillor Hunter left the meeting at this point due to Deputy Mayoral

engagements.

C252/19 Monthly Health and Community Committee held on Thursday 12

September 2019

The Minutes of the Health and Community Committee held on

Thursday 12 September 2019 (HC142/19-HC165/19) were submitted.

Alderman Guy Moved, Seconded by Councillor Ferguson and the

Council


true record of the Meeting.


C253/19 Nomination to Internal Bodies (HC152/19)

Councillor Farrell stated that at the Committee meeting he proposed

that in terms of councillor representation on Council owned community

centres, it should be implemented on a DEA basis, therefore each

Councillor in the respective DEA was automatically a member of that

committee. He stated that the matter had been deferred to enable all

Members to discuss it at full Council. He stated that Councillors had

been elected by those particular communities, therefore it was fair and

proper that they sit on the community centres in the district electoral

area which they represent.


That Councillor representation on Council owned

community managed centres, should be implemented

on a DEA basis, therefore each Councillor in the

respective DEA would automatically be nominated as

a member of that committee.

Alderman McClintock stated that whilst she understood the sentiments

expressed by Councillor Farrell, if there were suddenly 7 Elected

Representatives onto a particular local committee, it could be quite

intimidating for those local members who had previously made

25

decisions. A further issue could be that it may not fit with the

constitution of a particular community centre. She stated that some of

the smaller community groups had constitutions in place which

outlined the number of representatives that could sit on a committee.

She stated that a pre-piece of work should be undertaken and that a

report be brought to a future committee meeting on the matter. She

further stated that that the DUP had used their position on D’Hondt to

secure her position on a Neighbourhood Renewal Partnership Group

adding that if she had known that every elected member from that DEA

would be invited to sit on the committee she could have used her

D’Hondt position for something else. She suggested that a report be

brought on how Council’s process fitted with the constitution of the

individual groups.

The Chief Executive referred to Councillor Farrell’s proposal and advised

that it would be contradictory to the recommendation of Council,

therefore a rescinding notice of motion would be required in respect of

the matter. He advised that Council had taken a decision in respect of

rolling D’Hondt for such bodies and if Council were required to change

that position a rescinding motion would be required.

Councillor Duffy thanked the Chief Executive for providing clarity on

the matter. She proposed that a report be presented to consider the

issues and the number of representatives on each council owned,

council managed community centres and those with no representation.

Councillor Farrell stated that he was content to accept the proposal by

Councillor Duffy. However, the report should clearly detail how the

numbers were arrived at in terms of elected members on each

community centre committee to ensure consistency.

Councillor Duffy Proposed, Seconded by Alderman McClintock

That a report be presented addressing the implications and

options for Council Membership on Council owned

community managed centres.


Council

Resolved That a report be addressing the

implications and options for Council

Membership on Council owned

community managed centres.

26

C254/18 Notices of Motion

The Mayor advised that with regard to notices of motion, the Member

proposing the motion would be permitted to speak on a Motion for a

maximum of ten minutes, a seconder would also be given an

opportunity to speak and Members will be permitted to speak once for

a maximum of five minutes. The proposer would also have the right to

reply to the debate.

Councillor Duffy referred to Standing Orders and the time permitted to

Members to speak to notices of motion, which resulted in the July

meeting of Council lasting for eight hours. She stated that there were a

number of issues within Council’s Standing Orders which prevented

business in the Chamber from progressing more effectively.

The Mayor advised that Standing Orders were a set of procedures to

provide efficient conduct of business in a timely and transparent

manner.

Councillor Duffy Proposed Seconded by Councillor Reilly

That Council undertake a review of Standing Orders and

how they are applied.


Council

Resolved That Council undertake a review of Standing

Orders and how they are applied.

Alderman McKane left the meeting at this point.

Council then went into recess for a short period.

Notices of Motion

C255/19 Legal Protections from Unborn Children

Councillor McCloskey Moved, Seconded by Alderman Kerrigan

That this Council calls upon all elected MLAs to urgently set aside

their differences on all other matters, and reconvene our

devolved institutions, in order to prevent the removal of all

legal protections from unborn children until the time of

27

viability without the matter being legislated on by the

Assembly.

The process which led to this section being passed into law

by Westminster, although sought and lobbied for by some

of our local MLAs, was deeply flawed, and has significant

detrimental consequences for devolution, and for the people

of Derry and Strabane District Council.

It undermines our already limited sovereignty, and the

rights of people here to decide our own laws. It rides

roughshod over the Good Friday Agreement, an

international treaty, and makes a mockery of the democratic

process.

And that this Council writes urgently to Secretary of State

Julian Smith MP to indicate that this council opposes this

legislation, calls for the legislation to be rescinded and

demands that this issue be dealt with by the Assembly only.

Councillor Duffy stated that she had sought legal advice on the motion

as she believed it bordered on a direct negative to the motion passed

by Council on 27 June 2018 and 18 July 2019. She stated that she had

been advised however that it was a competent motion. She maintained

that however it was her belief that it contravened the existing corporate

position of Council, voted on twice in the past 18 months.

After a request for a recorded vote from Alderman Kerrigan, the result

was as follows:

For: Aldermen Devenney, Guy, Kerrigan, McClintock and Warke;

Councillors J Barr, R Barr, J Boyle, Carr, Dobbins, Durkan, McCloskey and

McKeever (13).

Against; Councillors M Boyle, Burke, Cooper, Donnelly, Duffy, Farrell,

Ferguson, Fleming, Gallagher, Harkin, Jackson, Kelly, Logue, McCann,

McGuire, McHugh, McKinney, Mellon, Reilly and Tierney (20).

There were no abstentions.

The Motion therefore fell.

C256/19 5G Wireless

28

Councillor R Barr Moved, Seconded by Councillor Gallagher

That Derry City and Strabane District Council has a moral

responsibility to protect public health and the local

environment. Until there is more independent

scientific consensus that 5G wireless radiation is

harmless to humans and the environment, Derry City

and Strabane District Council adopts the

precautionary principle and will not endorse the roll

out of 5G.

Councillor Kelly called a point of order on the Motion. He stated that

further to the moral responsibility referenced in the Motion, the Council

had a statutory responsibility to protect public health and the local

environment. He stated that in recognising that Council work within a

statutory framework and that Council operated with the local planning

authority, the crux of the Motion sought to introduce a moratorium

across the district and if approved, would require alterations to area

plans, the local development plan and the strategic growth plan. He

stated that he wished to seek legal guidance on the matter to allow

officers to prepare a report on the implications of the Motion, including

whether Council as the leading planning authority, can legally introduce

such a moratorium. He reminded Members of a further area of local

development planning where Council had been advised that a

moratorium would not be lawful.

In response, the Lead Legal Services Officer stated that the motion was

legally competent and could be brought before Members. He advised

that the Member should be permitted to speak to the Motion were it

would subsequently be a matter for Elected Members to decide if they

wished to: make an amendment; make a proposal that the matter be

adjourned to a committee for further discussion; or for a report to be

brought back to a committee in relation to the matter.

Councillor R Barr then proceeded to speak to his Motion.

Councillor Kelly stated that with no disrespect to the mover of the

motion, it was right and proper that concerns were properly evaluated

and addressed where appropriate within any of the Council’s plans. He

stated that on the other hand it was important that Council did not act

before the appropriate time and seem to be scaremongering if

concerns were unfounded. He stated that he was aware of scientific

material that existed that would suggest that the radio wave

technology was harmless to humans and stressed the importance of

establishing a scientific principle on the matter.

29

Continuing he referred to the precautionary principle on the matter and

advised Members that Council already applied a precautionary

principle regarding planning applications evidenced in the Strategic

Plan and Policy Statement and that Council applied international

standards recognised by the World Health Organisation. Therefore,

that aspect of the motion was already addressed by Council. However,

in terms of rolling out a moratorium, it was important to have the

fullest scientific information available before making any decisions on

the motion. He proposed that the debate be adjourned to allow the

papers to be presented on the matter.

The Chief Executive advised that under Standing Order 17 1c ‘when a

motion is under debate at any Council meeting, further motions will not

be received with the exception of the following motions; that the debate

be adjourned’. Therefore, it was his understanding that a proposal had

been put forward for the debate to be adjourned.

Councillor Kelly Proposed, Seconded by Councillor McGuire

That the debate on the Motion be adjourned and a report

brought forward with further information on the

matter.




Resolved That the debate on the Motion be adjourned

and a report brought forward with further

information on the matter.

The Lead Legal Services Officer subsequently advised that a report

would be presented to the relevant Committee on the matter in due

course.

Councillor Donnelly queried the process and enquired if Members were

permitted to ask why the debate was adjourned.

In response, the Lead Legal Services Officer advised that Members

could speak on the Motion to adjourn the debate. The debate has

been adjourned, however the Motion would return with a paper from

officers through the relevant Committee.

C257/19 Northern Ireland Council for Integrated Education

Councillors Ferguson and McKinney Moved, Seconded by Councillor

McKinney

30

That this Council encourages and supports reconciliation in

our community and congratulates the Northern

Ireland Council for Integrated Education and the

Integrated Educations Fund on being nominated for

the 2019 Nobel Peace Prize.

After voting by a show of hands the result was unanimous and Council

Resolved That this Council encourages and supports

reconciliation in our community and

congratulates the Northern Ireland Council for

Integrated Education and the Integrated

Educations Fund on being nominated for the

2019 Nobel Peace Prize.

Alderman Kerrigan left the meeting at this point.

C258/19 Owen Mor Care Centre

The Mayor advised that Councillor Dobbins wished to withdraw the

Motion.

C259/19 Soft Opt-Out Organ Donation Legislation

Councillor McHugh Moved, Seconded by Councillor Mellon

That This Council will support the introduction of soft opt-

out organ donation legislation here in the North

which will follow the example led by the introduction

of the same legislation in Wales (2015), Scotland and

England (2020) and the calls from the Minister of

Health in the South of Ireland, Simon Harris TD, for

the same to be introduced there.

Alderman McClintock proposed an amendment, seconded by Alderman

Devenney







the same to be introduced there and further to write

to the Permanent Secretary for the Department of

31

Health to support the introduction of soft opt-out

organ donation.

After voting by a show of hands on the Amendment the result was

unanimous.

Councillor Farrell Proposed a further Amendment, Seconded by

Councillor Tierney










organ donation. Calls on Permanent Secretary of

Department of Health to draft legislation for soft opt-

out organ donation in advance of re-establishment of

the Assembly. Further calls on Stormont political

party leaders to reconvene the Assembly to ensure

organ donation and all other pressing devolved issues

are addressed as a matter of urgency.

After voting on the Amendment by a show of hands the result was as

follows:

For – 11; Against – 7; Abstentions 13.

The Amendment was therefore carried.

In response to a proposed Amendment from Councillor Mellon, the

Chief Executive advised that the proposed amendment was invalid. He

referred to section 17.1 of Standing Orders which stated ‘An

amendment must relate solely to the proposal to which it seeks to amend

and not be in effect, a new proposition under a different matter and must

not place a greater responsibility and meaning on the original proposal’.

He advised that the amendment did not comply with 17.1 of Standing

Orders.

Councillor Harkin asked if 17.1 of Standing Orders could have applied

to the previous amendment also.

32

The Mayor stated that whilst she noted the Members’ remarks, the

amendment had been voted on.

Councillor Hunter returned to the meeting at this point.

Councillor Mellon Proposed a further Amendment, Seconded by

Councillor Fleming










organ donation. Calls on the Permanent Secretary of






are addressed as a matter of urgency based on rights

and equality for all.


follows:


The Amendment was therefore carried and subsequently became the

Substantive Motion.










organ donation. Calls on the Permanent Secretary of


33





are addressed as a matter of urgency based on rights

and equality for all.

After voting by a show of hands on the Substantive Motion, the result

was as follows:

For – 27; Against – 0; Abstentions – 6. The Substantive Motion was

therefore carried and the Council

Resolved That this Council will support the introduction

of soft opt-out organ donation legislation here

in the North which will follow the example led

by the introduction of the same legislation in

Wales (2015), Scotland and England (2020) and

the calls from the Minister of Health in the

South of Ireland, Simon Harris TD, for the same

to be introduced there and further to write to

the Permanent Secretary for the Department of

Health to support the introduction of soft opt-

out organ donation. Calls on the Permanent

Secretary of Department of Health to draft

legislation for soft opt-out organ donation in

advance of re-establishment of the Assembly.

Further calls on Stormont political party leaders

to reconvene the Assembly to ensure organ

donation and all other pressing devolved issues

are addressed as a matter of urgency based on

rights and equality for all.

C260/19 Border Communities Against Brexit

Councillor Duffy Moved, Seconded by Councillor Jackson

That In advance of the next European Council meeting on

October 17th, the last EU summit planned before

Brexit, in an effort to highlight the dangers posed to

citizen’s rights, the all island economy, the

agricultural sector among others, we call on Derry

City and Strabane District Council to light up Council

buildings in yellow and black on October 16th in

support of Border Communities Against Brexit.

34

After voting on the Motion by a show of hands the result was as

follows:


The Motion was therefore carried and the Council

Resolved That in advance of the next European Council

meeting on October 17th, the last EU summit

planned before Brexit, in an effort to highlight

the dangers posed to citizen’s rights, the all

island economy, the agricultural sector among

others, we call on Derry City and Strabane

District Council to light up Council buildings in

yellow and black on October 16th in support of

Border Communities Against Brexit.

C261/19 Worker’s Rights and Social Justice Week

Councillor Harkin Moved, Seconded by Councillor McCann

That Council supports real living wages, an end to zero

hour contracts and the right to trade union

representation in Derry and Strabane.

Council opposes Tory anti-trade union laws and

encourages workers to join unions to demand respect

and better terms and conditions.

Council celebrates the contribution workers’ rights

campaigns have made to improve people’s lives past

and present at work and in communities - and

acknowledges the tremendous contribution and

efforts made by campaigners from all backgrounds

and communities across Derry and Strabane today in

the pursuit of justice, equality and respect.

To this end, Council will host a ‘Workers Rights and

Social Justice Week’ - the week preceding the May

Day march and rally.

Councillor Jackson Proposed an Amendment, Seconded by

35

Councillor Duffy














To this end, Council will lead a ‘Workers Rights and

Social Justice Week’ and establish a working group to

develop a programme for the week preceding the

May Day march and rally.

After voting on the Amendment by a show of hands the result was

unanimous.

Alderman Devenney Proposed a further Amendment, Seconded by

Alderman Warke












36






May Day march and rally. That a report be brought to

the relevant committee regarding costings.

After voting on the Amendment the result was unanimous

Councillor McKinney Proposed a further Amendment, Seconded by

Councillor Ferguson




Council opposes anti-trade union laws and















After voting by a show of hands on the Amendment the result was

unanimous and subsequently became the Substantive Motion




37
















After voting on the Substantive Motion by a show of hands the result

of which was unanimous and the Council

Resolved That Council supports real living wages, an end

to zero hour contracts and the right to trade

union representation in Derry and Strabane.


encourages workers to join unions to demand

respect and better terms and conditions.

Council celebrates the contribution workers’

rights campaigns have made to improve

people’s lives past and present at work and in

communities - and acknowledges the

tremendous contribution and efforts made by

campaigners from all backgrounds and

communities across Derry and Strabane today

in the pursuit of justice, equality and respect.

To this end, Council will lead a ‘Workers Rights

and Social Justice Week’ and establish a

working group to develop a programme for the

week preceding the May Day march and rally.

38

That a report be brought to the relevant

committee regarding costings.

Councillors McGuire and McKinney left the meeting at this point.

C262/19 Childcare for All Charter

Councillor Durkan Moved, Seconded by Councillor J Boyle

That This Council notes the contents of the Employers for

Childcare NI’s 10th Annual Childcare Survey.

This Council recognises that childcare costs are

creating barriers for working parents and their

families.

This Council supports the Childcare for All Charter,

calling for a universal, child-centred childcare system

to meet the needs of children, parents, childcare

providers and communities.

This Council calls for any restored Executive to

prioritise legalisation for an affordable, accessible and

high quality childcare system in its Programme for

Government.

This Council resolves to write to political party leaders

calling for support for 30 hours basic free childcare

for working parents.


Council

Resolved That this Council notes the contents of the

Employers for Childcare NI’s 10th Annual

Childcare Survey.

This Council recognises that childcare costs are

creating barriers for working parents and their

families.

This Council supports the Childcare for All

Charter, calling for a universal, child-centred

39

childcare system to meet the needs of children,

parents, childcare providers and communities.

This Council calls for any restored Executive to

prioritise legalisation for an affordable,

accessible and high quality childcare system in

its Programme for Government.

This Council resolves to write to political party

leaders calling for support for 30 hours basic

free childcare for working parents.

C263/19 The Late Pat Gillespie

The Mayor advised that Councillor J Barr wished to withdraw the

Motion.

C264/19 Day of Action

Councillor McCann Moved, Seconded by Councillor Harkin

That this Council supports the Day of Action on October

5th 2019 calling for an end to welfare reforms, the

extension of benefit mitigation payments and the

reversal of cuts to public services.

Council encourages people in Derry and Strabane

from all backgrounds and communities to organise a

people power movement to win these demands.

Council encourages the broadest support for and

participation at the 3pm rally in Guildhall Square

organised and supported by Derry Trades Union

Council, Action Against Cuts, UNISON Community

Branch, AEGIS, the Civil Rights for the 21st Century

Committee, Alliance for Choice, Derry and Strabane

Councillors and anti-poverty groups and campaigners.

Councillor Donnelly Proposed an Amendment, Seconded by Councillor

Gallagher



40







participation at the October 5 funeral procession type

march leaving Waterside Railway Station at 2pm

proceeding to the 3pm rally in Guildhall Square







follows:


The Amendment was therefore carried and became the Substantive

Motion









participation at the October 5 funeral procession type

march leaving Waterside Railway Station at 2pm

proceeding to the 3pm rally in Guildhall Square






41

After voting on the Substantive Motion by a show of hands the result

was as follows:


The Substantive Motion was therefore carried and the Council

Resolved That this Council supports the Day of Action on

October 5th 2019 calling for an end to welfare

reforms, the extension of benefit mitigation

payments and the reversal of cuts to public

services.

Council encourages people in Derry and

Strabane from all backgrounds and

communities to organise a people power

movement to win these demands.

Council encourages the broadest support for

and participation at the October 5 funeral

procession type march leaving Waterside

Railway Station at 2pm proceeding to the 3pm

rally in Guildhall Square organised and

supported by Derry Trades Union Council,

Action Against Cuts, UNISON Community

Branch, AEGIS, the Civil Rights for the 21st

Century Committee, Alliance for Choice, Derry

and Strabane Councillors and anti-poverty

groups and campaigners.

Councillor Dobbins left the meeting at this point.

C265/19 Places of Worship Security Scheme

Alderman Guy Moved, Seconded by Alderman Devenney

That This Council notes recently published research from

the charity CARE NI that found 445 attacks have been

recorded on places of worship in Northern Ireland in

just the last 3 years; notes with concern that 23 of

these despicable attacks were recorded in the Derry

City & Strabane District Council policing area;

unreservedly condemns all attacks on places of

42

worship, no matter what faith or denomination, and

upholds the important human right for individuals to

be free to worship and live out their faith in this

society. This Council also notes the operation of the

Places of Worship Security Scheme in England and

Wales and expresses regret that a similar scheme is

not available in Northern Ireland; and therefore

agrees to write to the Department for Communities

and the Northern Ireland Office calling for the swift

introduction of a similar scheme locally.

Councillor Tierney suggested also contacting the PCSP to establish how

such a scheme would be rolled out throughout the City and District.

Councillor Donnelly Proposed an Amendment, Seconded by Councillor

Gallagher

















introduction of a similar means tested scheme locally.


follows:


The Amendment was therefore carried and became the Substantive

Motion

43

















introduction of a similar means tested scheme locally.

After voting on the Substantive Motion by a show of hands the results

were as follows:

For – 24; Against – 0; Abstentions 4.


Resolved That this Council notes recently published

research from the charity CARE NI that found

445 attacks have been recorded on places of

worship in Northern Ireland in just the last 3

years; notes with concern that 23 of these

despicable attacks were recorded in the Derry



worship, no matter what faith or

denomination, and upholds the important

human right for individuals to be free to

worship and live out their faith in this

society. This Council also notes the operation

of the Places of Worship Security Scheme in

England and Wales and expresses regret that a

similar scheme is not available in Northern

44

Ireland; and therefore agrees to write to the

Department for Communities and the Northern

Ireland Office calling for the swift introduction

of a similar means tested scheme locally.

Councillor Gallagher left the meeting at this point.

C266/19 Hard Border Opposition

Councillor Harkin Moved, Seconded by Councillor McCann

That Council opposes a Tory no deal Brexit.

Council opposes any attempt to impose a hard border

in Ireland.

Council supports in full the call put forward by the

Derry Trades Union Council in March 2019:

As trade unionists we are opposed to any attempt to

re-impose a hard border. This would represent a

tremendous step backwards. We believe this reflects

the opinion of the vast majority of people North and

South and from all communities. A hard border would

undercut workers’ rights and would threaten the

interests of the vast majority of people here. As trade

unions representing workers in border counties we

understand the damage this would cause in people's

day to day lives.

The Derry Trades Union Council is calling for the

entire trade union movement across the island to join

us in pledging to mobilise against any attempt to

impose a hard border by using, if necessary, the best

traditions of the labour movement - demonstrations,

protests, strikes, walkouts and sit-downs. The trade

union movement in its totality is the largest and most

representative body across the island. This is the best

way for us to voice our opinion on behalf of all

ordinary people North and South.

More than one hundred years ago trade union leader

James Connolly warned partition would create a

45

'carnival of reaction' on the island. For this reason he

called on the labour movement to do all it could to

mobilise against division. Today, we must not allow a

hard border to become a source of renewed reaction

and division. We want to go forward not backwards.

We urge trade unionists from all backgrounds and

everyone in our communities to join us in pledging to

oppose any attempt to impose a hard border that no

one wants or supports.

Councillor Cooper Proposed an Amendment, Seconded by Councillor

Jackson

That Council opposes Brexit.


in Ireland.












day to day lives.









46















follows:

For – 18; Against – 5; Abstentions - 4.

The Amendment was therefore carried.

Councillor Donnelly Proposed a further Amendment, however the

Mayor advised Councillor Donnelly that it was not a valid Amendment

and therefore could not be accepted.

In response to a query from Councillor Donnelly as to why the

Amendment could not be accepted, the Mayor referred to Standing

Order 17.1 ‘that an Amendment must relate solely to the Proposal which

it seeks to amend and not be, in effect, a new proposition on a different

matter and must not place a greater responsibility on the meaning or the

original proposal.’ Therefore, it was not a valid amendment.

Members were then asked to vote on the Substantive Motion

That Council opposes Brexit.


in Ireland.



47










day to day lives.






















After voting on the Substantive Motion on a show of hands the result

was as follows:

For – 23; Against – 3; Abstentions – 1. The Substantive Motion was

therefore carried and the Council

Resolved Council opposes Brexit.

48

Council opposes any attempt to impose a hard

border in Ireland.

Council supports in full the call put forward by

the Derry Trades Union Council in March 2019:

As trade unionists we are opposed to any

attempt to re-impose a hard border. This would

represent a tremendous step backwards. We

believe this reflects the opinion of the vast

majority of people North and South and from

all communities. A hard border would undercut

workers’ rights and would threaten the

interests of the vast majority of people here. As

trade unions representing workers in border

counties we understand the damage this would

cause in people's day to day lives.

The Derry Trades Union Council is calling for

the entire trade union movement across the

island to join us in pledging to mobilise against

any attempt to impose a hard border by using,

if necessary, the best traditions of the labour

movement - demonstrations, protests, strikes,

walkouts and sit-downs. The trade union

movement in its totality is the largest and most

representative body across the island. This is

the best way for us to voice our opinion on

behalf of all ordinary people North and South.

More than one hundred years ago trade union

leader James Connolly warned partition would

create a 'carnival of reaction' on the island. For

this reason he called on the labour movement

to do all it could to mobilise against division.

Today, we must not allow a hard border to

become a source of renewed reaction and

division. We want to go forward not backwards.

We urge trade unionists from all backgrounds

and everyone in our communities to join us in

49

pledging to oppose any attempt to impose a

hard border that no one wants or supports.

C267/19 Housing Crisis in Derry and Strabane

Councillor McCann Moved, Seconded by Councillor Harkin

That Following recent presentations to Council by

representatives from the NI Housing Executive

underlining the severity of the housing crisis in Derry

and Strabane, that will be made worse by growing

homelessness and the impact of welfare reform,

Council reaffirms its support for the Housing

Executive to have the ability to borrow in order to

build new homes and to properly maintain and

renovate its existing housing stock.

Further, Council calls upon all housing associations

with properties in the District Area to declare the

number of vacant properties in their ownership with

the purpose of increasing the number of available and

suitable homes in the area.

Councillor Reilly Proposed an Amendment, Seconded by Councillor J

Boyle














suitable homes in the area and also asks the NIHE for

an update on their ‘empty homes’ research on the

number of empty properties in the private sector.

50

Councillor Donnelly enquired if housing associations were obliged to

provide information regarding the number of vacant properties in their

ownership.

In response, the Lead Legal Services Officer stated that Council could

not compel them but could request the information.

After voting on the Amendment on a show of hands the result was

unanimous and subsequently became the Substantive Motion














suitable homes in the area and also asks the NIHE for

an update on their ‘empty homes’ research on the

number of empty properties in the private sector.

After voting by a show of hands on the Substantive Motion the result

was unanimous.


Resolved Following recent presentations to Council by


underlining the severity of the housing crisis in

Derry and Strabane, that will be made worse by

growing homelessness and the impact of

welfare reform, Council reaffirms its support

for the Housing Executive to have the ability to

borrow in order to build new homes and to

51

properly maintain and renovate its existing

housing stock.

Further, Council calls upon all housing

associations with properties in the District Area

to declare the number of vacant properties in

their ownership with the purpose of increasing

the number of available and suitable homes in

the area and also asks the NIHE for an update

on their ‘empty homes’ research on the number

of empty properties in the private sector.

Open for Information

C268/19 Responses to Motions

The Chief Executive presented the above report, a copy of which had

been previously circulated to Members. The purpose of the report was

to advise Members of correspondence received in relation to Motions

passed by Council.

Councillor Logue referred to the correspondence received regarding

the FDANODELAY campaign. She noted the full content of the

correspondence was not included in the meeting papers and proposed

that Council write again to Clarke Bailie to request a meeting and that

members of the FDANODELAY campaign are invited to discuss the

issue raised in the Motion.

Councillor Logue Proposed, Seconded by Councillor Duffy

That Council send further correspondence to Mr Clarke

Bailie, NIHE to request a meeting and that members

of the FDANODELAY campaign are invited to discuss

the issues raised in the Motion.


Council

Resolved That Council send further correspondence to

Mr Clarke Bailie, NIHE to request a meeting and

that members of the FDANODELAY campaign

52

are invited to discuss the issues raised in the

Motion.

C269/19 Resolutions from Other Councils

The Chief Executive presented the above report, a copy of which had

been previously circulated to Members. The purpose of the report was

to advise Members of correspondence received in relation to

resolutions from other councils.

Members were asked to note the content of the report.

C270/19 Sealing List September 2019

Alderman Devenney Moved, Councillor J Boyle Seconded and the

Council

Resolved that the seal of the Council be affixed to the

following documents

Sealing List September 2019

Document Sealed 23 July 2019

Consortium Agreement:- Antrim and Newtownabbey Borough

Council, Ards and North Down Borough Council, Armagh City,

Banbridge and Craigavon Borough Council, Causeway Coast and

Glens Borough Council, Derry City and Strabane District Council,

Fermanagh and Omagh District Council, Lisburn and Castlereagh

City Council, Mid East Antrim Borough Council, Mid Ulster

District Council, and Newry, Mourne and Down District Council

relating to Full Fibre Northern Ireland Consortium (FFNI)

Programme.

Document Sealed 6 August 2019

Lease in duplicate:- Derry City and Strabane District Council

~and~ North West Model Aircraft Club relating to lands at

Duncastle Road, Derry.

Document Sealed 17 September 2019

Section 76 Planning Agreement in triplicate:- Derry City and

Strabane District Council ~and~ Southbank Square Limited

53

~and~ Ulsterbus Limited and Northern Ireland Railways

Company Limited relating to H30 lands.

Documents Sealed 26 September 2019

Grants of Right of Burial in Ballyoan Cemetery

Mrs Karen McIntyre, 7 Fernabbey Drive, BT48 8RE

Mr Colin Campbell, 5 Ballyore Drive BT47 2QU

Mrs Sharon Quigley, 6a Knightsbridge L’Derry BT47 6FE

Mr Kenneth Lyttle, 4 Rosendale Avenue, Limavady BT49 0AL

Mr Noel McBratney, 16 Beech Park, Drumahoe BT47 3NR

Mrs Elizabeth Diamond, 9 Burnside Gardens, Derry, BT47 5TH

Mr Raymond Freeman, 3 Orpen Park, Waterside, BT47 5PQ

Mr Mervyn Taylor, 13 Lisnagowan Court, L’Derry, BT47 6WF

Mrs Olive Canning, 27 Bayswater, Derry, BT47 6JL

Ann Marie Jayasuriya, 9 Richill Park, Kilfennan, Derry, BT47 5QX

Mr Robert Auld, 63 Glenshane Road, Drumahoe, L’Derry, BT47

3SF

Mr Hamilton Blain, 42 Knockwellan Park, L’derry, BT47 2JF

Mr Reggie Jeffrey, 31 Rossdowney Gardens, L’derry, BT47 5PW

Mrs Fiona Hetherington, 55 Sperrin Park, L’derry, BT47 6NG

Mr Michael Boyle, 2 Deramore Drive, Strathfoyle, BT47 6XL

Ms Ashaya Tracey, 12 Eskaheen View, Derry, BT47 2EP

Grants of Right of Burial in City Cemetery

Ms Tammy Young, 23 Brookview, Eglinton, BT47 3GW

Ms Margaret McInelly, 66 Cartyne Road, Glasgow, G33 2NP

Mr Michael McDermott, 32 Rathlin Gardens, Derry, BT48 9UE

Mrs Ann Carlin, 14 Benevanagh Gardens, Creggan, Derry, BT48

9TR

Ms Donna Wray, 3 Corporation Street, Derry, BT48 6UG

Mrs Ann McColgan, 42 Benview Estate, Coshquin, Derry, BT48

0NQ

Mr Thomas McConnell, 71 Rosskeen Park, Hazelbank, Derry,

BT48 0RJ

Mrs Roisin Campbell, 20 Grianan Drive, Belmont, Derry

Sharon Lowry, 10 Bleach Green, Lane, Dungiven, BT47 4UH

Mrs Ursula McCallion, 128 Brookdale Park, Derry, BT48 8LR

Mr Martin McAllister, 2 Moyglass Place, Strathfoyle, Derry

Mrs Rosemary Quigley, 5 Meenaleck Walk, Shantallow, Derry

Lauryn Hamilton, 95 Rossnagalliagh, Derry

54

Mr John Gallagher, 26 Culdaff Gardens, Derry, BT48 9TQ

Mr Patrick McDowell, 205 Carnhill, Derry, BT48 8BQ

Mr Darren Hogan, 45 Rosemount Avenue, Derry, BT48 0HL

Mr Brian Cassidy, 47 Norburgh Park, Foyle Springs, BT48 0RG

Mr Arthur Carter, 113 Elmgrove, Derry, BT48 8QE

Mrs Mary McCrossan, 69 Academy Road, Derry, BT48 7JY

Mr Thomas McCallion, 7 Beechwood Street, Derry, BT48 9LR

Mr Donal Dunn, 30 Bloomfield Park, Derry, BT48 8HE

Ms Anne Marie Brown, 109 Ardnamoyle Park, Derry, BT48 8HW

Mr Conor McAteer, 19 Portlock Place, Derry, BT48 7RN

Mrs Elizabeth Harper, 1 Ballynashallog Gardens, Derry, BT48 7SR

Mrs Margaret McIntyre, 130 Elmgrove, Derry, BT48 8QE

Mr Noel Dalzell, 39 Cromore Gardens, Derry

Grants of Right of Burial in Castlederg Burial Ground

Noel William Joseph Baskin, 16A Learmore Road, Castlederg, Co

Tyrone, BT81 7RX

Grants of Right of Burial in Mountcastle Burial Ground

Louise Kane, 32 Riverside Park, Altnagelvin, Londonderry, BT47

3RU

Sonia Britton, 2 Bessie Bell Court, Newtownstewart, Co Tyrone,

BT78 4BT

Grants of Right of Burial in Strabane Burial Ground

Ian McElhill, 148 Lower Main Street, Strabane, Co Tyrone, BT82

8BA

Lorraine Diver, 49 Townsend Street, Strabane, Co Tyrone, BT82

8HX

Gregory McDonnell, 13 St John’s Place, Strabane, Co Tyrone,

BT82 8JB

Adrian McAneny, 25 Oakland Park, Strabane, Co Tyrone, BT82

9PF

Harry Mullen, 300 Victoria Road, Burndennett, Strabane, Co

Tyrone, BT82 0AP

Caitlin Friel, 3 Tullacorr Drive, Strabane, Co Tyrone, BT82 8LQ

C271/19 Local Government Act (Northern Ireland) 2014 – Confidential

Business

Alderman Devenney Moved, Councillor J Barr Seconded and the

Council

55

Resolved that in accordance with Section 42, Sub

Sections (2) or (4) of the Local Government Act

(Northern Ireland) 2014, the press and

members of the public be asked to withdraw

whilst the Council discuss the following

matters:

(a) Adoption of the Confidential Minutes of the

Meeting of Derry City and Strabane District

Council held on 18 July 2019;

(b) Adoption of the Confidential Minutes of the

Special Meeting of Derry City and Strabane

District Council held on 9 August 2019

(c) Adoption of the Confidential Minutes of

the following Committees

(i) Monthly Governance and Strategic

Planning Committee held on 3

September 2019

(ii) Monthly Planning Committee held on

Wednesday 4 September 2019.

(iii) Monthly Business and Culture

Committee held on Tuesday 10

September 2019.

(iv) Monthly Environment and

regeneration Committee held on

Wednesday 11 September 2019.

(v) Monthly Health and community

Committee held on Thursday 12

September 2019.

The Meeting then went into Confidential Business.