A call-in of an Executive decision made earlier this month by the Isle of Wight council Executive on an amendment to The Dogs on Leads (Isle of Wight) Order 2008 is being led by the chair of the Scrutiny Committee, Cllr Geoff Lumley.
A meeting to be held on 28th August at 6pm at County Hall will consider the call-in by Cllr Lumley, who is joined by Cllrs Bob Blezzard (Ind), Conrad Gauntlett (Con), Stuart Hutchinson (Con) and Wayne Whittle (Con) who call for the Executive to “reconsider the matter and make a decision in accordance with the evidence arising from the consultation and the Council’s Constitution”.
Absence of evidence
The councillors argue there was an absence of evidence for the decision and that the decision is contrary to policy framework.
They say,
The consultation showed that there was insufficient evidence that dogs affected the use and enjoyment of this beach during the prohibition period.
It could therefore be challenged on the basis that it is a disproportionate response to a relatively low level problem. This is detailed in the report.
The vote taken at the meeting of the Executive was only in respect of Option 1 in the report and no vote was taken on Option 2. Procedure Rule 13 relating to voting was not fully complied with.
In addition the following principles contained in Article 14 – Decision making
(c) that procedural rules ….. are complied with;
(g) proportionality (ie the action must be proportionate to the desired outcome);
(j) a presumption in favour of openness
(l) due consideration of all available options
were not complied with as no actual vote was taken on option 2.The decision taken, and the process by which it was taken, has serious reputational and legal risks for the Council.
