Issue - meetings

Background papers attached

Report to follow

The Chair welcomed the Barrister, Jonathan Ward to the meeting.

The Barristers advice is that the Supreme Court ruling does not change his advice at all.  It was based on a very narrow definition.  The Equality Act is unchanged and the obligations for Teignbridge District Council are unchanged.  The interim guidance does not appear to be substantively different or require any changes.  It is not open for TDC to make a definition that deviates from the Supreme Court. 

Points raised during the debate on the Notice of Motion included:

·         The Equality Act was unchanged, and the council is compliant

·         The Councils policies were fit for purpose

·         The Barrister reminded those present that the council had to balance competing agendas and duties and stated that Broadmeadow complies with legislation and sets a good example

·         Guidance showed a difference in what needed to be provided in the workplace and the optional requirements for community facilities

·         When clarification was requested for the definition of Village changing they were described as easily accessible and inclusive individual lockable cubicles, and those at Broadmeadow were designed with the input of Devon & Cornwall Police ‘designing out crime’ department.

·         Councillors have a responsibility to represent all constituents

·         It was acknowledged that Leisure Centre Staff are doing their jobs well

·         From an operational perspective, the council is clear that it has to comply with the law and operational guidance is under constant review

·         It was recognised that there are potential practical and legal implications which the national guidance will need to address

Towards the end of the debate the following comments were made by Councillors:

·         We have had a thorough and detailed review, and the advice received confirms that we do comply with the requirement of The Equality Act

·         No complaints have been raised by the public with this issue in our Leisure Centres and we have heard from the Monitoring Officer and Counsel that we are operating within the law

At the end of the debate the Chair, Cllr Sanders, proposed the following:

The Overview & Scrutiny Committee has satisfied itself with the information received which has been thoroughly considered and recommend that officers provide an update to this committee once the Statutory guidance has been published and officers have had the opportunity to consider the implications.

This was seconded by Cllr Major and agreed by a show of hands with one abstention.