Agenda item - Green Group Motion: Include a Ban on High-Carbon Advertising in the Council’s Advertising and Sponsorship Policy

This Council notes:

· That the Council’s Corporate Advertising and Sponsorship Policy 2022 was adopted by the Cabinet Procurement and Insourcing Committee on 16/01/2023. However, to date, it has not been implemented across sites run by the Council.

· The policy outlines a number of products and services which will not be accepted on council-owned media, including the promotion of products high in fats, sugars and salts (HFSS), alcohol, knives or weapons and gambling services. These proscribed products and services would undermine the Mayor’s priorities as set out in the strategic plan for a fairer, safer, healthier Hackney working together for every child. However none of the products or services currently banned address the “greener” priority.

· The policy states that it “will be subject to ongoing updates made by the Council on a regular and reasonable basis.”

This Council believes that:

· Advertising can be used to induce demand for products and services where there may be no actual need, and where the products and services run counter to the council’s stated policies, aims and objectives.

This Council also notes that:

· London borough of Hackney declared a Climate Emergency in 2019 committing to reach net zero emissions by 2040. In 2022, the Council passed the Climate and Ecology Bill, declaring its intention to bring forward its net zero target to 2030 so it can join the UK100 network.

· Hackney’s Climate Action Plan emphasised the Council is only directly responsible for 5% of the borough’s territorial emissions and that the Council must take a leading role in encouraging and supporting behavioural change in individuals, institutions and businesses.

· Hackney’s Climate Action Plan notes that 15% of Hackney’s emissions are from transport and aviation accounts for 7% of that amount.

· One of Hackney's Climate Action Plan goals is for goods to be repaired and reused, and for us only to buy what we need.

· Last year a nationally representative survey of UK public attitudes found that over two-thirds (68%) of UK adults said that they would restrict the advertising of environmentally harmful products.

In addition this Council notes:

· The legal opinion, as part of the due diligence in addressing the role of advertising in fuelling the climate emergency, of Richard Wald KC of 39 Essex Chambers, commissioned by the New Weather Institute on behalf of Badvertising and Adfree Cities, which provides legal advice to local councils implementing policies to restrict advertising for environmentally-damaging, high-carbon goods and services.

· Richard Wald KC’s legal opinion outlines how:

o The adoption of an advertising policy banning ‘high-carbon’ advertising is squarely within the powers available to local authorities and therefore prima facie lawful.

o The legal risks of adopting a high-carbon advertising ban are limited and the prospect of a successful challenge is low.

o Councils have broad scope to design a policy according to their discretion, despite a lack of a national definition of ‘high carbon’, with effective precedents already set and working in practice.

· In broad terms ‘high-carbon’ products and services, are those which are environmentally damaging and which must be phased out or limited to reach the UK’s climate goals. These include fossil fuels, internal combustion vehicles and aviation.

· Councils leading the way with policies restricting high-carbon advertising include Cambridgeshire County Council, Basingstoke and Coventry.

The Council resolves to:

Add to the Advertising and Sponsorship Policy 2022:

· a clause that prohibits those whose business activities/practices do not align with the Council’s wider values, corporate objectives and strategic goals, such as the environment and carbon accounting. Exceptions may be considered if the companies, partnerships, organisations or individuals involved can prove that less than 5% of their overall income is derived from any of the excluded products and services.

· Encourage event partners to consider their advertising and sponsorship policies in light of the borough's carbon reduction goals, and where possible, stipulate that a policy on high-carbon advertising and sponsorship is a requirement in negotiations about the council’s support.

· Add a link to the Advertising and Sponsorship Policy on all relevant pages on the council’s website including where promoting advertising space in Love Hackney freesheet.

https://hackney.gov.uk/hackney-today-life-advertising

· To implement the agreed Advertising and Sponsorship Policy as soon as feasible.

Proposer: Cllr Alastair Binnie-Lubbock

Seconder: Cllr Zoë Garbett

RESOLVED:

This Council notes:

· That the Council’s Corporate Advertising and Sponsorship Policy 2022 was adopted as Appendix 4 of the External Advertising Contract by the Cabinet Procurement and Insourcing Committee on 16/01/2023.

· The policy outlines a number of products and services which will not be accepted on council-owned media, including the promotion of products high in fats, sugars and salts (HFSS), alcohol, knives or weapons and gambling services. These proscribed products and services would undermine the Mayor’s priorities as set out in the strategic plan for a fairer, safer, healthier Hackney working together for every child.

This Council further notes:

· That it has adopted a Climate Action Plan which acknowledges that consumption emissions - the things we buy, use and sell - currently represent 73% of the borough’s emissions

· That one of the five themes of the climate action plan is a reduction in consumption of goods and services that contribute to those emissions

· Such goods and services include “high carbon” items, such as fossil fuels, internal combustion engines and aviation, which must be reduced or phased out to help reach our carbon reduction targets

This Council believes that:

· Advertising can be used to induce demand for “high carbon” products and services where there may be no actual need, and where the products and services run counter to the council’s stated policies, aims and objectives.

The Council resolves to:

· Include in the Advertising and Sponsorship Policy 2022 at paragraph 2.3, an additional subsection ix. reading [Advertising will not be accepted if, in Hackney Council’s opinion, it is reasonably objectionable on the grounds that it:......] could promote goods or services that contradict the council’s Climate Action Plan, for example by encouraging the use of fossil fuels.

· Encourage event partners to consider their advertising and sponsorship policies in light of the borough's carbon reduction goals, and where possible, stipulate that a policy on high-carbon advertising and sponsorship is a requirement in negotiations about the council’s support.

Proposer Cllr Chris Kennedy

Seconder: Cllr Clare Potter

Amendments to the motion had been received from the Labour Group

and contained in the supplementary papers circulated. None of the

amendments had been accepted by the Green Group.

Cllr Binnie Lubbock introduced the motion and noted that the Green

Party’s national conference had proposed introduction of legislation to

ban high carbon product advertising. The Council had to discourage

these products and promote sustainable products on its advertising

sites. Cllr Binnie-Lubbock suggested Councillors considered

applications on the Council's planning portal where high carbon product

advertising applications had sought approvals.

Cllr Zoë Garbett, as seconder to the motion, reserved her right to speak

until later in the debate.

Cllr Kennedy proposed amendments to the motion. He outlined that the

Council already had an advertising policy which supported principles of control over advertising which countered Council policy and principles.

The amendments to the motion was seconded by Cllr Potter.

Following a vote, the Speaker declared the amendments to the motion

CARRIED

The Speaker proceeded to the substantive motion which was not

debated. Cllr Garbett had reserved her right to speak and highlighted the need for leadership and commitment. She believed that sustainable measures represented a very small percentage of their overall work, however, sustainable measures were over represented in their advertising spend.

Following a vote, the Speaker declared the motion as amended

CARRIED

RESOLVED:

This Council notes:

· That the Council’s Corporate Advertising and Sponsorship Policy 2022 was adopted as Appendix 4 of the External Advertising Contract by the Cabinet Procurement and Insourcing Committee on 16/01/2023.

· The policy outlines a number of products and services which will not be accepted on council-owned media, including the promotion of products high in fats, sugars and salts (HFSS), alcohol, knives or weapons and gambling services. These proscribed products and services would undermine the Mayor’s priorities as set out in the strategic plan for a fairer, safer, healthier Hackney working together for every child.

This Council further notes:

· That it has adopted a Climate Action Plan which acknowledges that consumption emissions - the things we buy, use and sell - currently represent 73% of the borough’s emissions

· That one of the five themes of the climate action plan is a reduction in consumption of goods and services that contribute to those emissions

· Such goods and services include “high carbon” items, such as fossil fuels, internal combustion engines and aviation, which must be reduced or phased out to help reach our carbon reduction targets

This Council believes that:

· Advertising can be used to induce demand for “high carbon” products and services where there may be no actual need, and where the products and services run counter to the council’s stated policies, aims and objectives.

The Council resolves to:

· Include in the Advertising and Sponsorship Policy 2022 at paragraph 2.3, an additional subsection ix. reading [Advertising will not be accepted if, in Hackney Council’s opinion, it is reasonably objectionable on the grounds that it:......] could promote goods or services that contradict the council’s Climate Action Plan, for example by encouraging the use of fossil fuels.

· Encourage event partners to consider their advertising and sponsorship policies in light of the borough's carbon reduction goals, and where possible, stipulate that a policy on high-carbon advertising and sponsorship is a requirement in negotiations about the council’s support.

Proposer: Cllr Chris Kennedy

Seconder: Cllr Clare Potter

The Speaker noted that it was for members to decide, as the 30 minutes

allocated for debating motions had almost expired, if they wished to

extend the meeting. Members did not wish to extend the meeting.

The Speaker advised that the remaining three motions which had not

been debated would stand referred, without discussion, to the next

ordinary meeting of Full Council. The motions would be listed in the order

in which they had been received.

Close of meeting.

Duration of Meeting: 7:00 - 9:27pm

Chair of the meeting

Cllr Anya Sizer

Speaker of the London Borough of Hackney 2023/24

Attachments

Appendix A - Questions from Members of the public not responded to at the meeting.

Appendix B - Questions from Councillors not responded to at the meeting.