Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 25 June 2009 at 10.30 a.m.
Mr A Rhind opened the meeting with prayer.
1. Calling of the Roll and Apologies for Absence
Present:
Mr G Farlow, Ms L Munro, Mr R Rowantree, Mr D Mackay, Mr J Rosie, Lady M Thurso, Mr B Fernie, Mrs K MacNab, Mr G Smith, Mr D Bremner, Mr R Coghill, Mr D Flear, Mr W MacKay, Mrs D Mackay, Mr J McGillivray, Mr I Ross, Mrs I Campbell, Mr R Greene, Dr A Sinclair, Mrs J Urquhart, Mr M Finlayson, Mr M Rattray, Ms M Smith, Mrs C Wilson, Mr R Durham, Mr A Rhind, Mr P Cairns, Mr D Chisholm, Mrs A MacLean, Mrs M Paterson, Dr D Alston, Mr H Fraser, Mr J Laing, Mr I Renwick , Mr B Clark, Mr A Henderson , Mrs H Carmichael, Mrs M Davidson, Mr D Hendry, Mr H Wood, Mr A Graham, Mr A Christie, Mrs P Munro, Miss J Campbell, Mr P Corbett, Mr D Kerr, Mrs B McAllister, Mr J Finnie, Mr F Parr, Mr I Brown, Mr J Gray, Mr K MacLeod, Mr R Balfour, Mrs G Sinclair, Mr B Wynd, Mr L Fraser, Mrs L MacDonald, Mr A S Park, Mr J Crawford, Mr J Holden, Mr R Pedersen, Mr T Prag, Mr S Black, Ms J Douglas, Mr D Fallows, Mr G Rimell, Mr D Cameron, Dr M Foxley, Mr B Gormley and Mr B Murphy.
In Attendance:
Chief Executive
Depute Chief Executive
Assistant Chief Executive
Director of Education, Culture and Sport
Director of Housing and Property
Director of Planning and Development
Director of TEC Services
Director of Social Work
Mr A S Park in the Chair
Apologies for absence were intimated on behalf of Mr A Torrance, Mr B Barclay, Mr C Fraser, Mrs I McCallum, Mr D Millar, Mr E Hunter, Mr N Donald, Mr D Henderson, Mr J Ford and Mr G Marsden.
2. Duke of Edinburgh Award Scheme – Gold Award Presentation
The Council was advised that sixteen young people from across the Highlands were due to receive the Gold Award this year. Following a summary of their achievements, the Convener presented Gold Award badges to the following thirteen recipients who were present at the meeting and congratulated them on behalf of the Council:-
Joanne Kelly, Neil Macleod, Ailith Pirie, James Fraser, James Taylor, Siobhan Johnstone, Stacey Walker , Colin Whyte, Neil Craig, Lindsey Stirling, Freddi Gilbert, Rachael Macgill and Peter Scott.
In this regard, there had been circulated Report No. HC-08-09 dated 16 June 2009 by the Director of Education, Culture and Sport which described the Duke of Edinburgh Award in Highland, the systems in place to support it and recent positive developments which had taken place to expand the reach of the Award. The report also provided background to the presentation of Gold Awards to the young people at the meeting.
The Council NOTED the terms of the report as circulated and in particular the positive progress in developing support structures which were fit for purpose and the accessibility of the Award to diverse groups of young people.
3. Presentations – Audit Scotland
(i) Best Value 2
A Presentation was undertaken at the meeting by Mr A Clark, Assistant Director, Audit Scotland, on the Best Value 2 (BV2) process during which he highlighted what the Best Value audit represented and what this meant for the Council, how the audit would differ from previous audits and why the Council had been identified as a BV2 pathfinder audit.
It was confirmed that Best Value had been a legal duty since 2003 to support Community Planning and to demonstrate continuous improvement. The Best Value audit promoted public accountability and supported improvement and the BV2 consultation document proposed a more proportionate and risk based audit to streamline scrutiny and challenge. BV2 sought demonstration of the Council’s community leadership in its vision and strategic direction; active engagement in partnership working; responsiveness to communities and support for strategic management through good Member/Officer relations. The audit would also include peer involvement and provide greater support for improvement.
In response to comments from Members, it was confirmed that BV2 aimed to reduce the burden of performance scrutiny and this would be assisted by the Council’s ownership of its own improvement agenda.
In this regard, there had been circulated Report No. HC-09-09 dated 17 June 2009 by the Chief Executive which provided an update on the BV2 pathfinder process, advised of the currently known timeline and the need for the Council to make an evidenced submission of its performance by 15 July 2009 and recommended a process to sign off the final submission to Audit Scotland.
Following discussion, the Council NOTED the audit timeline and the use of the Public Service Improvement Framework for the self-evaluation of Council services and the requirements of the BV2 submission at corporate and service levels.
The Council also AGREED that the final submission should be approved by the Chief Executive in consultation with the Convener, Leader of the Administration, Administration Group Leaders and the Leader of the Opposition, or their substitutes, to allow submission no later than 15 July 2009.
(ii) Strategic Audit Risk Assessment 2008/09 (SARA)
A Presentation was undertaken at the meeting by Ms F Mitchell-Knight, Assistant Director, Audit Scotland, on the Strategic Audit Risk Assessment 2008/09 (SARA) during which she confirmed that SARA would be used to prioritise audit activity over the next three years, review risks using the Priorities and Risk Framework, identify specific risks for Highland Council and obtain assurances on how risks were being managed.
In this regard, there had been circulated Report No. HC-10-09 dated 10 June 2009 by the Chief Executive which explained the approach to the management and monitoring of the strategic risks facing the Council as identified in Audit Scotland’s SARA 2008/09 which had just been published. The use of existing processes of service planning, risk management and quarterly performance reviews were highlighted as key management tools.
Following discussion, the Council NOTED the approach to managing the priorities and risks identified by Audit Scotland in their 2008/09 Strategic Audit and Risk Analysis which had been circulated separately as Appendix 1 to the report.
Thereafter, the Convener thanked both Mr Clark and Ms Mitchell-Knight on behalf of the Council for their extremely informative presentations.
4. Confirmation of Minutes
There had been submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 7 May 2009 as contained in the Volume which had been circulated separately – which were APPROVED.
5. Minutes of Meetings of Committees
There had been submitted for confirmation as correct records, for information as regards delegated business, and for approval as appropriate, the Minutes of Meetings of Committees contained in the Volume which had been circulated separately as undernoted:-
| Link to Committee Index |
Planning, Environmental and Community Services Committee, 20 May 2009
Education, Culture and Sport Committee, 21 May 2009
Gaelic Committee, 21 May 2009
Housing and Social Work Committee, 27 May 2009
Transport, Environmental and Community Services Committee, 28 May 2009
Joint Committee on Children & Young People, 5 June 2009
Inverness City Committee, 8 June 2009
Resources Committee, 10 June 2009
Audit and Scrutiny Committee, 11 June 2009
The Minutes, having been moved and seconded, were, except as undernoted, APPROVED - matters arising having been dealt with as follows:-
Planning, Environmental and Community Services Committee 20 May 2009
*Starred Item* Page 145: Item 21: Findhorn, Nairn and Lossie Fisheries Trust – Appointment of Council Member
The Council AGREED to nominate Mr L Fraser of Ward 19 (Nairn) as Associate Member of the Findhorn, Nairn and Lossie Fisheries Trust.
Education, Culture and Sport Committee 21 May 2009
*Starred Item* Page 155: Item 16: Board of Poolewe Swimming Pool Association
The Council AGREED that Mr R Greene should be appointed to serve on the Board of Poolewe Swimming Pool Association.
*Starred Item* Page 155: Item 17: Minutes of Meeting – Local Negotiating Committee for Teaching Staff
The Council AGREED that the membership of the Management Side of the Local Negotiating Committee for Teaching Staff should be increased from 6 to 8.
Gaelic Committee 21 May 2009
*Starred Item* Page 163: Item 9: Change of Date of Gaelic Committee meeting
The Council AGREED that the date of the Gaelic Committee meeting in September 2009 should be changed from Thursday, 17 September to Friday, 25 September and that the meeting should be in Ullapool.
Transport, Environmental and Community Services Committee 28 May 2009
* Starred Item* Page 190: Item 6: Capital Expenditure Monitoring – 1 April 2009 to 30 April 2009
The Council AGREED the acceleration of the projects as listed in the report.
Page 193: Item 10: A82 Route Safety File
The Council NOTED that the Chairman would explore the prospect of Transport Scotland addressing pedestrianisation and ask them to consider a pedestrian crossing on Glenurquhart Road.
Page 192: Item 8: Award of Grants to Community Transport Projects
The Council AGREED, in relation to consultations to improve joint working with Nairn Community Transport Company and Ardersier, Petty, Croy and Culloden Moor Minibus Association, that Local Members should be kept informed regarding progress.
Inverness City Committee 8 June 2009
Page 208: Item 2: Minutes
The Council NOTED that Mr Wynd had requested an explanation as to why his declaration of interest had not been included in the Minutes of the meeting of the Inverness City Committee of 20 April and that a response was to be provided to him by the Corporate Manager.
Page 217: Item 13: Inverness Common Good Fund
The Council NOTED that Mr Kerr had requested clarification as to why a report was being submitted to the Resources Committee on Common Good Funds when it had not been presented to the Inverness City Committee and that a response was to be provided to him.
Resources Committee 10 June 2009
Page 230: Item 21: Common Good Fund – Policy and Information
The Council NOTED that, as all Highland Councillors were trustees of the Common Good Fund, updates would be presented to Ward Members as appropriate.
The Council NOTED that the Corporate Manager was to provide a response to Mr R Wynd in relation to review and amendment of the boundaries to reflect the current urban perimeter of the city.
6. Budget Information Group
There had been circulated Minutes of Meeting of the Budget Information Group held on 28 May 2009 – which were APPROVED, subject to the following addition:-
Page 20: Item 4: Capital Programme Review
Members of the Group had AGREED the Capital Programme Review process and the use of option appraisal as outlined within the report - with the exception of the SNP Group Members who had noted the information provided.
Thereafter, the Council AGREED that a report on progress on the Capital Programme Review process should come back to the Resources Committee in due course.
It was also NOTED that issues in relation to Capital allocations would be brought back to the Council later in the year.
7. Single Outcome Agreement Strategy Group
There had been circulated Minutes of Meeting of the Single Outcome Agreement Strategy Group held on 14 May 2009 – which were APPROVED.
8. Best Value Audit Strategy Group
There had been circulated Minutes of Meeting of the Best Value Audit Strategy Group held on 3 June 2009 – which were APPROVED.
9. Land, Environment and Sustainability Strategy Group
There had been Minutes of Meeting of the Land, Environment, Sustainability Strategy Group held on 17 June 2009 – which were APPROVED.
10. Membership of Committees, Joint Boards, etc
The Council AGREED the following changes to membership of Committees, Joint Boards, etc as submitted by the SNP Group –
Planning Environment and Development Committee – Mr D Fallows to replace Mrs P Munro
Land Environment and Sustainability Strategy Group – Mr D Fallows to replace Mrs P Munro
Highland & Islands Fire Board – Mrs P Munro to replace Mrs L MacDonald
Northern Joint Police Board – Mr B Gormley to replace Mr J Finnie
Northern Joint Police Board (Sub) – Ms M Smith to replace Mr B Gormley
11. Fair Trade Working Group
The Council was advised that, following a recent meeting of the Fair Trade Working Group, it had been agreed to recommend that Minutes of the Group should be submitted to the Land, Environment and Sustainability Strategy Group in future which would have the benefit of mainstreaming the fair trade agenda and highlighting key issues in this regard.
The Council AGREED that Minutes of the Fair Trade Working Group should be submitted to the Land, Environment and Sustainability Strategy Group in future.
12. Question Time
The following Questions had been received by the Assistant Chief Executive in terms of Standing Order 42:-
(i) Mr John Finnie
To the Chair of the Resources Committee
“Can the Chair of the Resources Committee confirm that if Elected Members decided to award an in-house contract for the Information & Communications Technology (ICT) provision for the Council’s services, that this could be acted upon within the known timeframe and commence with smooth transition immediately on the cessation of the existing contract with the present firm?”
The Response to Mr Finnie had been circulated.
In terms of a supplementary question, Mr Finnie asked whether, if the Council was to proceed with an in-house contract, and given the time delays, an in-house bid could go ahead?
In response, the Chair of the Resources Committee confirmed that if the Resources Committee were to decide in August to go ahead on an in-house basis, the Council could meet the timescales required.
Decision
The Council NOTED the position.
(ii) Mrs Liz MacDonald
To the Convener
“How will the Council roll out the modernisation of Home Care services in the whole of the Council area?”
The Response to Mrs MacDonald had been circulated.
In terms of a supplementary question, Mrs MacDonald queried as to whether the Convener would accept that there were deficiencies which needed to be addressed in-house and whether he was committed to rolling out the rota shift pattern and guaranteed hours for all home carers in Highland and, if so, was there sufficient funding in place to enable this?
In response, the Convener confirmed that a full response would be provided to Mrs MacDonald in due course.
Decision
The Council NOTED the position.
(iii) Mr Drew Hendry
To the Chair of the Resources Committee
“Given the previous commitment to have Senior Officers of the Council fully trained in issues of procurement, can the Chair of the Resources Committee confirm that this has been done and, if so, when?”
The Response to Mr Hendry had been circulated.
There was no supplementary question.
Decision
The Council NOTED the position.
13. Notice of Motion
Declaration of Interest:
Mr H Wood declared a non-financial interest in this item on the grounds of undertaking voluntary work in this sector but, having applied the test outlined in Paragraph 5.18 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion (and voting).
The following Notice of Motion had been received in accordance with Standing Order 10.1 –
“Blind travel card holders can travel free by rail within Scotland but often require a companion to make travel possible. From 2002, a local scheme was operated within Highland which provided free rail travel for companions of blind travel-card holders. The local scheme for companions, which was funded by Highland Council, was unexpectedly withdrawn by First Scotrail during 2006-07.
The cost to the Council of reinstating the local scheme for companions, based on the previously agreed level of reimbursement to First Scotrail, is currently estimated at £3,285.
The Highland Council, therefore, urges First Scotrail to reinstate this scheme as a matter of urgency so as to make travel by rail a practical option for blind travel-card holders.”
Signed:
Dr D Alston and Mr F Parr
During discussion, support was expressed for the Notice of Motion, particularly as the Council had legal responsibilities to demonstrate that it was tackling disability discrimination. It was also suggested that the Convener should write to the Minister for Transport and to CoSLA to seek a meeting to consider making this a Scotland-wide scheme and to include rail travel in the national travel scheme.
It was further suggested that this presented an opportunity for the Council to conduct a survey of discretionary schemes for companion rail travel currently in operation across Scotland, to consult with disability groups and to cost options for possible extensions to companion travel concessions across a broader base of disability. This would enable the Council to carry the campaign forward across Scotland for all people with all disabilities.
Decision
It was AGREED that the Council should urge First Scotrail to reinstate the local scheme for companions of blind travel card holders as a matter of urgency so as to make travel by rail a practical option for blind travel-card holders.
It was also AGREED that the Convener should write to the Minister for Transport and CoSLA to seek a meeting to consider making this a Scotland-wide scheme and that discussions should be undertaken with disability groups (including RNIB, Inclusion Scotland, Council’s Sensory Working Group and the Highland Working Age Group).
It was further AGREED that a survey of discretionary schemes for companion rail travel currently in operation across Scotland should be undertaken and options costed for possible extensions to companion travel concessions across a broader base of disability.
14. Council Response to the Economic Downturn
Declarations of Interest:
Mr M Rattray declared a financial interest in this item on the grounds of being a Director of Port Services (Invergordon) Ltd and left the room.
Mr J Gray declared a financial interest in this item as a Member of Cromarty Firth Port Authority but, in terms of the dispensation granted by the Standards Commission, confirmed that he would remain to participate in the event that there should be any discussion on the Nigg Masterplan.
Mr A Christie declared a non-financial interest in this item on the grounds of being employed by Citizen’s Advice Bureau but, having applied the test outlined in Paragraph 5.18 of the Councillors’ Code of Conduct, concluded that his interest did not preclude his involvement in the discussion (and voting).
Mr D Hendry, Mrs H Carmichael, Mr J Gray, Mr I Brown and Mr D Flear declared non-financial interests in this item on the grounds of being Board Directors of Highland Opportunity Ltd but, having applied the test outlined in Paragraph 5.18 of the Councillors’ Code of Conduct, concluded that their interests did not preclude their involvement in the discussion (and voting).
There had been circulated Report No. HC-11-09 dated 10 June 2009 by the Director of Planning and Development which provided commentary on the current economic situation and detailed progress with implementation of the Council’s Economic Downturn Action Plan.
During a summary of the report, it was confirmed that the latest Bank of England Agents’ Summary of Business Conditions, published in May 2009, had detailed recent indicators which reflected the impact of the economic downturn, both locally and nationally. However, the Council’s Member Leadership Group had directed significant effort to delivering the actions proposed in the Action Plan and limiting the impact of the recession and supporting sustainable economic growth were central to the Highlands Single Outcome Agreement.
During discussion, Members drew particular attention to a range of issues including: the Council’s productive links with partner organisations and cross-service working; continued effective support for affordable housing; full effective use of the Council’s Capital Programme; continued emphasis on supporting people to return to work; the commitment to prompt invoice payment; the successful launch of the Business Gateway and the successful role of Highland Opportunity Ltd. Work was also underway to counter the risk averse-approach taken by banks and to seek further ways to promote tourism in the Highlands. Developments at Nigg would also be crucial to the way forward and very positive indications of support had been received from the Scottish Government in this regard.
Other Members expressed concern that the report did not propose any new ideas for practical and direct help to businesses as many of the initiatives mentioned in the Action Plan had come from outside the Council and, overall, progress appeared to be slow. Whilst the Business Gateway was welcomed, it had been hoped that other ideas could be progressed in tandem but this did not appear to be the case.
It was also suggested that the Council should address emerging threats, such as the possible spread of the H1N1 virus. In response, it was confirmed that, while not specifically referred to in the Economic Downturn Plan, this particular issue was being actively addressed through the Council’s Emergency Planning provision.
Decision
The Council NOTED the continuing development of the Council’s Economic Downturn Action Plan as detailed in the report.
It was also AGREED to continue to work with partners to take forward existing and new initiatives and actions to address the economic downturn within the Highlands.
The Council adjourned for lunch at 1 p.m. and resumed at 1.50 p.m.
15. Highland Council Statement of Accounts – Year Ended 31 March
2009
The Council was advised that the Statement of Accounts (unaudited) for 2008/09, which would be presented to Audit Scotland by the prescribed date of 30 June 2009, was available in the Members’ Library and on the Council website for information.
It was also confirmed that the Audited Accounts and the External Auditor’s Report would be considered by the Audit and Scrutiny Committee later in the year.
Decision
The Council NOTED the position.
16. Annual Efficiency Statement 2008/09
There had been circulated Report No. HC-12-09 dated 11 June 2009 by the Depute Chief Executive which set out the Council’s Annual Efficiency Statement (AES) for 2008/09.
During a summary of the report, it was confirmed that Scottish Councils were required to publish Annual Efficiency Statements (AES) to demonstrate the efficiency gains delivered each year. The Highland Council 2008/09 AES had been prepared in accordance with the COSLA guidance “Efficient Government Reporting – Framework for Local Authorities in Scotland”.
It was noted that in terms of the Efficiency Savings for the period 2008/09 to 2010/11, the Scottish Government had set an efficiency savings target of 2% per annum across all areas of the public sector and the Council’s assumed share of this target for each of the three years was £8.0m.
Decision
The Council AGREED the Annual Efficiency Statement for 2008/09 as circulated.
17. Code of Corporate Governance
There had been circulated Report No. HC-13-09 dated 28 May 2009 by the Assistant Chief Executive which provided information on progress with the actions agreed in the Local Code of Corporate Governance for 2008/09 and detailed the actions which could appear in the Code for 2009/10.
During a summary of the report, it was confirmed that, following advice from CIPFA and SOLACE on best practice, the Council was required to prepare its Corporate Code of Governance annually. The report, therefore, included progress against the Code for 2008/09, advised of areas where further action was required and suggested possible themes for the Local Code of Corporate Governance for 2009/10. Actions which had not been concluded by the target date in 2008/09 had been rolled forward to the revised Code for 2009/10 and were linked to Service Plans.
It was also confirmed that the Code had been considered and approved by the Audit and Scrutiny Committee at the meeting on 11 June 2009.
Decision
The Council NOTED progress on the actions for 2008/09 and APPROVED the actions proposed for the 2009/10 Code of Corporate Governance as detailed.
18. Gaelic Language Signage
Declarations of Interest:
Mr A Graham declared a financial interest in this item on the basis of being an employee of Bòrd na Gàidhlig and left the room.
Dr M E M Foxley declared a financial interest in this item as a Board Member of Bòrd na Gàidhlig but, in terms of the dispensation granted by the Standards Commission, remained to participate in the discussion (and voting).
Further to the Council decision on 30 October 2008 in respect of the Gaelic Plan, there had been circulated Report No. HC-14-09 dated 18 June 2009 by the Chief Executive which recommended a minor change to the Plan and detailed the guidance on decision making in respect of signage. The report also made recommendations on the role of Ainmean Aite na h-Alba (AÀA) in advising the Council and the establishment of a Gaelic Names Sub Committee.
During a summary of the report, it was confirmed that the Programme for the Highland Council included a commitment to the Gaelic language and the Council’s Gaelic Language Plan included actions and commitments intended to raise the visual profile of Gaelic.
On 30th October 2008, the Council had agreed to produce guidelines on the implementation of the policy on Gaelic signs in order to clarify the decision making process, identify cases for local decision making and/or consultation, clarify the role of AÀA in providing advice to the Council and identify a group within the Council to which any unresolved matters could be referred.
During discussion, and in support of the recommendation, a number of Members expressed the view that the Gaelic Names Sub-Committee would be a positive addition to the Gaelic Plan and the proposed minor changes, together with the associated guidance, would serve to clarify the requirements of the Gaelic Plan and bring consistency to the decision making process for bi-lingual signage.
In contrast, other Members were of the opinion that the status quo should be retained on the grounds that the Council had already been recognised internationally as leading the successful movement to rebuild the Gaelic language. It was felt that the changes proposed could weaken the current policy and provide for different interpretations across the Highland area.
Other Members commented that a Highland-wide roll out of bi-lingual signs could build resentment and it was suggested that the Council should consider only erecting bi-lingual signs where they were wanted following a period of local public consultation.
Thereafter, Mr H Fraser, seconded by Mr J Gray, MOVED that the Council approve the recommendations as detailed in the report.
As a FIRST AMENDMENT, Mr R Pedersen, seconded by Mr J Finnie, moved that the Council should reaffirm the status quo which had resulted from full consultation on the Gaelic Language Plan which had been approved by the Council in October 2008.
As a SECOND AMENDMENT, Mr J Rosie, seconded by Mrs K MacNab, moved that the Council should seek public opinion through local Community Councils and take into account the views of the Local Elected Members prior to decision making on Gaelic signage for buildings, road signs and street name signs.
On a vote being taken between the MOTION and the FIRST AMENDMENT, the MOTION received 45 votes and the FIRST AMENDMENT received 16 votes – the votes having been cast as follows:-
For the Motion:
Ms L Munro, Mr R Rowantree, Mr D Mackay, Mr J Rosie, Lady M Thurso, Mr B Fernie, Mrs K MacNab, Mr G Smith, Mr D Bremner, Mr R Coghill, Mr D Flear, Mr W MacKay, Mr I Ross, Mrs I Campbell, Mr R Greene, Dr A Sinclair, Mr M Finlayson, Mr M Rattray, Mrs C Wilson, Mr R Durham, Mrs A MacLean, Mrs M Paterson, Dr D Alston, Mr H Fraser, Mr J Laing, Mr B Clark , Mr A Henderson , Mrs H Carmichael, Mrs M Davidson, Mr H Wood, Miss J Campbell, Mr P Corbett, Mr F Parr, Mr J Gray, Mr K MacLeod, Mr L Fraser, Mr A S Park, Mr J Holden, Mr T Prag, Mr S Black, Ms J Douglas, Mr G Rimell, Mr D Cameron, Dr M Foxley and Mr B Murphy.
For the Amendment:
Mr G Farlow, Mrs J Urquhart, Ms M Smith, Mr P Cairns, Mr I Renwick , Mr D Hendry, Mr A Christie, Mrs P Munro , Mr D Kerr, Mr J Finnie, Mr I Brown, Mr B Wynd, Mrs L MacDonald, Mr R Pedersen, Mr D Fallows and Mr B Gormley.
There were no abstensions.
On a vote being taken between the MOTION and the SECOND AMENDMENT, the MOTION received 31 votes and the SECOND AMENDMENT received 14 votes – the votes having been cast as follows:-
For the Motion:
Mr R Rowantree, Mr B Fernie, Mr I Ross, Mrs I Campbell, Mr R Greene, Dr A Sinclair, Mr M Finlayson, Mr M Rattray, Mrs C Wilson, Mrs A MacLean, Mrs M Paterson, Dr D Alston, Mr H Fraser, Mr J Laing, Mr B Clark , Mr A Henderson, Mrs M Davidson, Mr H Wood, Mr A Christie, Miss J Campbell, Mr F Parr, Mr J Gray, Mr K MacLeod, Mr A S Park, Mr J Holden, Mr T Prag, Mr S Black, Ms J Douglas, Mr G Rimell, Dr M Foxley and Mr B Murphy.
For the Amendment:
Ms L Munro, Mr D Mackay, Mr J Rosie, Lady M Thurso, Mrs K MacNab, Mr G Smith, Mr D Bremner , Mr R Coghill, Mr D Flear, Mr W MacKay, Mr R Durham, Mr D Chisholm, Mr P Corbett.and Mr L Fraser.
Abstensions:
Mr G Farlow, Mrs J Urquhart, Ms M Smith, Mr P Cairns, Mr I Renwick , Mrs H Carmichael, Mr D Hendry, Mrs P Munro, Mr D Kerr, Mr J Finnie, Mr I Brown, Mr B Wynd, Mrs L MacDonald, Mr R Pedersen, Mr D Fallows, Mr D Cameron and Mr B Gormley.
Decision
The Council:-
1. NOTED the decision making process, including areas for local decision
making and consultation, as detailed in Paragraphs 4.1 and 4.2 of the
report;
2. NOTED that guidance would be produced for Officers in the
implementation of Gaelic signage based on the principles set out in
Paragraphs 4.1 and 4.2 of the report;
3. AGREED the amendments to the Gaelic Language Plan as detailed in
Appendix 2 of the report;
4. AGREED that the amendments to the Gaelic Plan be put forward to Bòrd
na Gàidhlig as a minor amendment to the Highland Council Gaelic Language
Plan;
5. AGREED the role of AÀA as detailed in Paragraph 4.3 of the report; and
6. AGREED the establishment of a Gaelic Names Sub-Committee as detailed in
Paragraph 4.4 of the report.
19. Webcasting of Meetings
There had been circulated Report No.HC-15-09 dated 10 June 2009 by the Assistant Chief Executive which provided an update on the current position in relation to a pilot exercise for the webcasting of meetings and presented a draft Protocol for consideration.
During a summary of the report, it was confirmed that, at the Council meeting on 30 October 2008, it had been agreed that a 12 month pilot exercise in relation to the webcasting of meetings should be undertaken, initially broadcasting the Inverness, Nairn and Badenoch & Strathspey (INBS) Planning Application and Review Committee (PARC) and Licensing Committee meetings and one of the Council’s Strategic Committees, with meetings being held in the Council Chamber at Headquarters.
It was confirmed that ‘Invitation to Quote’ documentation in relation to the provision of the service had now been issued with a response date of 21 June 2009 and that it was envisaged that the contract would run until the end of June 2010. Prior to that time, a review of the pilot exercise would take place and, if agreed to continue, consideration would be given to issuing a formal tender document. Webcasting of the selected meetings would commence in August following the Summer Recess.
Decision
The Council:-
(i) NOTED that ‘Invitation to Quote’ documentation in respect of the
provision of a 12 month pilot exercise in relation to the webcasting of
selected meetings had now been issued with a closing date of 21 June for
responses;
(ii) AGREED that meetings of the INBS PARC and Licensing Committees
should be broadcast as part of the pilot and that meetings should be held
in the Council Chamber at Headquarters;
(iii) AGREED that the Planning, Environment and Development Committee
should also be broadcast as part of the pilot; and
(iv) AGREED the draft Protocol (Appendix 1 to the report) on the basis that
it would be monitored during the pilot exercise and subject to review at
the end of that period.
20. Modernising the Planning System: Scheme of Delegation and the
Review Body
There had been circulated Joint Report No. HC-16-09 dated 11 June 2009 by the Assistant Chief Executive and the Director of Planning and Development which advised of the requirement to review the Scheme of Delegation for determining planning applications, establish a Review Body to determine local applications which had been refused under delegated powers and to approve arrangements for Member training to address changes introduced by new Planning legislation.
Regulations required the Council to submit a revised Scheme of Delegation for the approval of Scottish Ministers by the end of June 2009 and, once approved, both the Scheme and the Review Body would come into operation on 3 August 2009.
During a summary of the report, it was confirmed that the planning reforms were intended to speed up decision making processes on planning applications, encourage inward investment and ensure the sustainable growth of communities. While it was suggested that Members should not sit on both local Planning Applications Committees (PAC) and the Review Body because of the anticipated increased workload, the legislation did not specifically rule this out. It was also suggested that the Chair and Vice-Chair of the Planning, Environment and Development Committee should Chair the Review Body. Training programmes would be put in place for Members and it was envisaged that this would commence in September.
It was also confirmed that, where an officer recommended approval of a major application contrary to the Development Plan, legislation required this to be determined by the full Council. Whilst it was not expected that there would be many such applications, this highlighted the need for training for all Members of the Council in terms of good governance and in order to ensure that all Members who formed part of the determining body had been party to all relevant information.
During discussion, Members generally welcomed the proposed reforms which would provide a smoother system of determination with more effective engagement with communities and stakeholders. It was suggested that, whilst the potential workload of the Review Body could be anticipated to a degree, it would not become clear until it was fully operational and, on this basis, a preference was expressed for Members to be able to sit on both the Planning Applications Committees (PACs) and the new Review Body if they so wished. It was also suggested that there should be an assessment of the Review Body’s effectiveness after a period of nine months of operation.
Further, in relation to the proposed amendments to the Scheme of Delegation, it was suggested that references to Ward Members deciding that applications be referred to the relevant PAC should be changed from “unanimously request in writing” to “by majority request in writing” so as to facilitate and improve the speed of decision making. A contrary view was however expressed that this might have the effect of splitting ward teams on planning issues.
It was also suggested that, in order for the Review Body to be seen to be completely independent, it should be able to appoint its own Chairman and Vice-Chairman.
After discussion, Mr I Ross, seconded by Mr J Gray, MOVED that the Council should adopt the revised Scheme of Delegation as detailed in Appendix 1 of the report for submission to Scottish Ministers.
As an AMENDMENT, Dr A Sinclair, seconded by Mr R Durham, moved that the Council should approve the Scheme of Delegation as contained in Appendix 1 to the report for submission to Scottish Ministers - subject to all references to Ward Members deciding that applications be referred to the relevant PAC being changed from “unanimously request in writing” to “by majority request in writing”.
On a vote being taken, the MOTION received 26 votes and the AMENDMENT received 27 votes – the votes having been cast as follows:-
For the Motion:
Mr G Farlow, Ms L Munro, Mr J Rosie, Mr B Fernie, Mr G Smith, Mr W MacKay, Mr I Ross, Mrs J Urquhart, Ms M Smith, Mrs C Wilson, Dr D Alston, Mr J Laing, Mr I Renwick , Mr D Hendry, Mr A Christie, Mr J Finnie, Mr F Parr, Mr J Gray, Mrs L MacDonald, Mr A S Park, Mr R Pedersen, Mr T Prag, Mr S Black, Mr D Fallows, Mr G Rimell and Mr B Gormley.
For the Amendment:
Mr R Rowantree, Mr D Mackay, Lady M Thurso, Mr D Flear, Mrs I Campbell, Mr R Greene, Dr A Sinclair, Mr M Finlayson, Mr M Rattray, Mr R Durham, Mr D Chisholm, Mrs M Paterson, Mr A Henderson , Mrs H Carmichael , Mrs M Davidson, Mr H Wood, Mr A Graham, Miss J Campbell, Mr D Kerr, Mr I Brown, Mr K MacLeod, Mr B Wynd, Mr L Fraser, Mr J Holden, Ms J Douglas, Mr D Cameron and Dr M Foxley.
Abstension
Mr B Murphy
Thereafter, Dr D Alston, seconded by Mrs H Carmichael, MOVED that the Council should appoint the Chair and Vice-Chair of the Planning, Environment and Development Committee as Chairs of the Review Body.
As an AMENDMENT, Mr R Durham, seconded by Ms M Smith, moved that the Review Body should appoint its own Chair and Vice-Chair.
On a vote being taken, the MOTION received 26 votes and the AMENDMENT received 25 votes – the votes having been cast as follows:-
For the Motion:
Mr G Farlow, Ms L Munro, Lady M Thurso, Mr B Fernie, Mr G Smith, Mr D Flear, Mr I Ross, Mrs I Campbell, Mr R Greene, Dr A Sinclair, Mr M Rattray, Mrs C Wilson, Mrs M Paterson , Dr D Alston , Mr J Laing, Mrs H Carmichael, Mrs M Davidson, Miss J Campbell, Mr F Parr, Mr J Gray, Mrs L MacDonald, Mr A S Park, Mr T Prag, Mr S Black, Dr M Foxley and Mr B Murphy.
For the Amendment:
Mr R Rowantree, Mr D Mackay, Mr W MacKay, Mrs J Urquhart, Mr M Finlayson, Ms M Smith, Mr R Durham, Mr I Renwick , Mr A Henderson , Mr D Hendry, Mr H Wood, Mr A Graham, Mr A Christie , Mr D Kerr , Mr J Finnie, Mr I Brown, Mr B Wynd, Mr L Fraser, Mr J Holden, Mr R Pedersen, Ms J Douglas, Mr D Fallows, Mr G Rimell, Mr D Cameron and Mr B Gormley.
Abstensions:
Mr D Chisholm
Mr K MacLeod
Decision
The Council:-
- AGREED the revised Scheme of Delegation as contained in Appendix 1 to the report for submission to Scottish Ministers – but that all references to Ward Members deciding that applications be referred to the relevant PAC be changed from “unanimously request in writing” to “by majority request in writing”;
- AGREED the arrangements for the formation and operation of the Review Body as detailed in Section 3 of the report;
- AGREED to invite nominations for 3 Members from each Operational Management Area to sit on the Review Body;
- AGREED to appoint the Chair and Vice Chair of the Planning, Environment and Development Committee as Chairs of the Review Body;
- AGREED that all Members should undertake appropriate training in line with their future roles on Highland Council, the Review Body and Planning Application Committees;
- AGREED to delegate the administrative support arrangements for the Review Body to the Assistant Chief Executive and the Director of Planning and Development;
- AGREED that Members of Planning Applications Committees would be eligible for nomination to the Review Body; and
- AGREED that there be a review of the effectiveness of the Review Body after a period of nine months.
21. First Review of Scottish Parliamentary Constituencies: Revised
Proposals
There had been circulated Report No. HC-17-09 dated 9 June 2009 by the Chief Executive which advised of the revised recommendations of the Boundary Commission for Scotland for the 3 Scottish Parliamentary Constituencies in the Highland Council area. The Commission had also outlined its provisional proposals for Highlands & Islands Region and sought comments by 21 June.
During a summary of the report, it was confirmed that the Commission had been invited to consider the report as the Council’s interim comments and would accept the decision of the Council as a supplementary submission. In relation to the Commission’s revised proposals for 3 constituencies in Highland, it was recommended that the Council should offer no objection as the Commission’s revised proposals virtually matched the alternative proposal put forward by the Council at its meeting on 6 March 2008.
However, it was recommended that the Council should submit an objection to the provisional proposals for the Highlands and Islands Region since the Commission proposed to extend the south-western boundary to include Helensburgh and Dumbarton and the introduction of Dumbarton appeared to have no logical basis other than a balance of numbers.
During discussion, there was general support for reiterating the previously expressed view of the Council for four constituencies. However, if this was not accepted by the Boundaries Commission, then Badenoch and Strathspey should be included with Inverness and Nairn.
Decision
The Council AGREED to continue to support the creation of four Scottish Parliamentary constituencies in the Highland Council area.
However, if this was not accepted by the Boundaries Commission, it was AGREED that Badenoch and Strathspey should be included with Inverness and Nairn.
It was also AGREED to object to proposals by the Boundaries Commission to include the Dumbarton constituency in the Highlands and Islands Region.
22. Community Council Review Approach
There had been circulated Report No. HC-18-09 dated 28 May 2009 by the Assistant Chief Executive which confirmed that, following the introduction of the Scottish Government’s new Model Scheme, approval was sought for the approach and timescale to review the eight Community Council Schemes currently in operation in Highland with a view to replacing them with one Highland scheme.
It was proposed that the process should begin in September by announcing the intention to revoke the current Scheme and inviting suggestions on the area and composition of Community Councils. A further report would be brought back to the Council prior to the publication of a Draft Scheme. It was intended that the full review would be completed by December 2010 when a final report would be presented.
Decision
The Council APPROVED the approach being taken to the review of Community Council Schemes in Highland and the timescales for the process as set out in Appendix 1 to the report.
23. Religious Representative – Education, Culture and Sport
Committee
It was confirmed that the Council was required, in terms of Section 31 of the Local Government etc (Scotland) Act 1994, to have a minimum of 3 religious representatives on the Education, Culture and Sport Committee, two of whom were to be appointed on direct nomination (by the Church of Scotland and the Roman Catholic Church) and the third involving discretionary procedures.
In this regard, Mr Alexander MacLean had been nominated by the Free Presbyterian Church of Scotland as their new representative to sit on the Committee.
Decision
The Council APPROVED the nomination of Mr A MacLean as detailed.
24. Timetable of Meetings for 2009
The Council was advised that, following consultation with the Chairman, it was proposed that the date of the Gaelic Committee meeting in September 2009 be changed from Thursday, 17 September to Friday, 25 September and that the meeting be held in Ullapool.
Decision
The Council APPROVED the change in date and location for the Gaelic Committee as detailed.
25. Deeds Executed
The Council NOTED that a List of Deeds and other documents executed on behalf of the Council since the meeting held on 7 May 2009 was available in the Members’ Library and on the Council’s Website.
26. Recess Powers
The Council AGREED that, during the recess period, powers be granted to the Chief Executive, Directors and Corporate Managers, in consultation with the Convener, Leader of the Council’s Administration or relevant Chairman, to deal with issues arising during that time and that a report should be prepared for the first meeting of the Council or relevant Committee following the period where these powers had been exercised.
27. Exclusion of the Public
The Council RESOLVED that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public should be excluded from the meeting during discussion of the following item on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 8 & 9 of Part 1 of Schedule 7A of the Act.
28. Outcome of Home Care Tender
There had been circulated to Members only Report No. HC/19/09 dated 12 June 2009 by the Director of Social Work which detailed the procurement process undertaken in relation to the Home Care tender and confirmed the preferred bidders.
Following detailed discussion, Mr D Fallows, seconded by Mr J Finnie, MOVED that the Council should defer consideration of this item pending a review of in-house services.
As an AMENDMENT, Mrs M Davidson, seconded by Mr R Durham, moved approval of the recommendations as detailed in the report.
On a vote being taken, the MOTION received 14 votes and the AMENDMENT received 25 votes – the votes having been cast as follows:-
For the Motion:
Mr G Farlow, Mrs J Urquhart, Ms M Smith, Mr I Renwick , Mr D Hendry, Mr D Kerr, Mr J Finnie , Mr I Brown, Mr B Wynd, Mrs L MacDonald, Mr R Pedersen, Mr D Fallows, Mr G Rimell and Mr B Gormley.
For the Amendment:
Mr D Mackay, Mr B Fernie, Mrs I Campbell, Mr R Greene, Dr A Sinclair, Mr M Finlayson, Mr M Rattray, Mrs C Wilson, Mr R Durham, Mrs M Paterson, Dr D Alston, Mr H Fraser, Mr J Laing, Mrs H Carmichael, Mrs M Davidson, Mr A Graham, Mr A Christie, Miss J Campbell, Mr F Parr, Mr J Gray, Mr A S Park, Mr T Prag, Mr S Black, Mr D Cameron and Dr M Foxley.
Abstensions:
Lady M Thurso
Mr D Flear
Mr H Wood
Decision
The Council NOTED the outcome of the Home Care procurement process and the preferred bidders as detailed in the report.
It was also AGREED that the Director of Social Work should advise the bidders in line with EU procurement requirements.
The meeting ended at 5.20 p.m.