Having been denied further bus lane access by Portsmouth City Council on 24th October, the Cabinet Member for Transport had his decision "called-in" for review by the Scrutiny Management Panel on Monday 11th November.
At the meeting in October - attended by over 100 Uber PHV drivers - the Cabinet Member was cautioned by numerous Councillors that there was a complete lack of data and financial reports to justify any decision, and that to proceed would inevitably result in any decision being "called-in" (a process that requires a Scrutiny Management Panel to question the decision in detail, and for the Cabinet Member to justify his decion).
A "call-in" requires the signatures of five Councillors, and a detailed report laying out the reasons.
The move (only the third time in 10 years) was led by Cllr. George Madgwick [Independent Leader), supported by four other Councillors and a highly detailed five page report, highlighting the numerous errors made by the Cabinet Member, Cllr. Candlish (LibDem), and the multiple contradictions in the officers' own reports, and clear lack of supporting evidence.
Having heard from all parties, and after much rigourous questioning of the Cabinet Member, the Scrutiny Management Panel voted by a majority to "refer back" the decision.
This means the matter should be referred back to the decision maker for reconsideration, the panel setting out in writing the nature of its concerns that are to be addressed in conjunction with the original matter.
Peter Sutherland [Uber Drivers' Trade Representative] declared the decision by the Panel to be a pleasing partial victory.
"It's not a totall success", said Sutherland, "but it's a significant victory for common sense.
"At the original meeting, Cllr. Candlish was cautioned numerous times by experienced Councillors - including a former Chair of Licensing and a former Cabinet Member for Transport - that there was no evidence to support such a decision, and that to proceed risked a call-in."
Peter Sutherland went on to say: "We'd heard, days before the meeting, that Cllr. Candlish had already taken his decision, and that became increasingly obvious during the Transport meeting. Absolutely no heed was taken of anything said by other Councillors or in depositions, which shows a disregard for the democratic process - and is rich coming from a Liberal Democrat Cabinet Member.
"Now the decision has been referred back for further consideration. Do I think the original decision will be reversed? I doubt it. It's obvious to a blind man that the decision was political and lacked supporting evidence.
"Opposition Councillors will again argue their points, and the onus is now on Transportation Officers to provide evidence - NOT HEARSAY.
"I have faith in the democratic process so live in hope that a compromise can be reached. If not, then the fight will go on."
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