Summary

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Agenda

1. Apologies for Absence

 

2. Mayor's Announcements

The Mayor will invite the Council to observe a minute’s silence to mark the 27th anniversary of the Srebrenica massacre

3. Declarations of Interest

Members must disclose any interests they know they have in items of business on the meeting’s agenda and that they must do so at this point on the agenda or as soon as they become aware of the interest. If the interest is a Disclosable Pecuniary Interest they are also obliged to notify the Monitoring Officer within 28 days of the meeting.

4. Minutes

Minutes of the:

5. Public Questions

To receive questions from members of the public in accordance with Council Rules 10.1 to 10.6 on any matter for which the Council is responsible

Questions submitted

6. Cabinet Question Time

The Leader and Members of the Cabinet to answer questions submitted by Members of the Council in accordance with Council Rules 10.18 to 10.22

7. Reports from the Cabinet Member for Fairer Chelmsford

Recommendations of the Cabinet on Item 7.1 to 7.3

  • 7.1 Treasury Management Outturn 2021/22
  • 7.2 Capital Programme Update and Provisional Outturn 2021/22
  • 7.3 Medium-Term Financial Strategy

8. Reports from the Leader of the Council

 

  • 8.1 UK Shared Prosperity Fund

Note: The Cabinet on 12 July recommended that the Council approve the allocation of the funding from the Shared Prosperity Fund

  • 8.2 Committee Membership

9. Annual Report of the Audit and Risk Committee

 

10. Annual Report of the Overview and Scrutiny Committee

 

11. Review of the Constitution

Note: The Cabinet on 12 July recommended that the Council approve the amendments detailed in Appendices 1 and 2

12. Code of Conduct for Members

 

13. Notice of Motion: Councils for Fair Tax Declaration

In accordance with notice duly given, Councillor R J Hyland will move -

“This Council notes

1. The pressure on organisations to pay their fair share of tax has never been stronger.

2. Polling from the Institute for Business Ethics finds that “corporate tax avoidance” has, since 2013, been the clear number one concern of the British public when it comes to business conduct.

3. Two thirds of people (66%) believe the Government and local councils should at least consider a company’s ethics and how they pay their tax, as well as value for money and quality of service provided, when awarding contracts to companies.

4. Around 17.5% of public contracts in the UK have been won by companies with links to tax havens.

5. It has been conservatively estimated that losses from multinational profit-shifting (just one form of tax avoidance) could be costing the UK some £17bn per annum in lost corporation tax revenues.

6. The Fair Tax Mark offers a means for business to demonstrate good tax conduct, and has been secured by a wide range of businesses across the UK, including FTSE-listed PLCs, co-operatives, social enterprises and large private businesses.

This Council believes that:

1. Paying tax is often presented as a burden, but it shouldn’t be.

2. Tax enables us to provide services from education, health and social care, to flood defence, roads, policing and defence. It also helps to counter financial inequalities and rebalance distorted economies.

3. As recipients of significant public funding, local authorities should take the lead in the promotion of exemplary tax conduct; be that by ensuring contractors are paying their proper share of tax, or by refusing to go along with offshore tax dodging when buying land and property.

4. Where councils hold substantive stakes in private enterprises, influence should be wielded to ensure that such businesses are exemplars of tax transparency and tax avoidance is shunned.

5. More action is needed, however, as current and proposed new UK procurement law significantly restricts councils’ ability to either penalise poor tax conduct (as exclusion grounds are rarely triggered) or reward good tax conduct, when buying goods or services.

6. UK cities, counties and towns can and should stand up for responsible tax conduct - doing what they can within existing frameworks and pledging to do more given the opportunity, as active supporters of international tax justice.

That councils have an important role to play in ensuring their contracts and supplies arrangements are set up to support Fair Tax ethics.

This Council resolves to sign and approve the Councils for Fair Tax Declaration

1. Approve the Councils for Fair Tax Declaration.

2. Lead by example and demonstrate good practice in our tax conduct, right across our activities.

3. Ensure IR35 is implemented robustly, and contract workers pay a fair share of employment taxes.

4. Not use offshore vehicles for the purchase of land and property, especially where this leads to reduced payments of stamp duty.

5. Undertake due diligence to ensure that not-for-profit structures are not being used inappropriately by suppliers as an artificial device to reduce the payment of tax and business rates.

6. Demand clarity on the ultimate beneficial ownership of suppliers UK and overseas and their consolidated profit & loss position, given lack of clarity could be strong indicators of poor financial probity and weak financial standing.

7. Promote Fair Tax Mark certification especially for any business in which we have a significant stake and where corporation tax is due.

8. Support Fair Tax Week events in the area, and celebrate the tax contribution made by responsible businesses are proud to promote responsible tax conduct and pay their fair share of corporation tax.

9. Support calls for urgent reform of UK procurement law to enable local authorities to better penalise poor tax conduct and reward good tax conduct through their procurement policies.”

Notice has been given of the following proposed amendment to the motion.

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Last updated: 24 November 2022