27 June 2019: Highland Council

Agenda

Read the Agenda

A meeting of the Highland Council will be held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 27 June 2019 at 10.35am.

Webcast Notice: This meeting will be filmed and broadcast over the Internet on the Highland Council website and will be archived and available for viewing for 12 months thereafter.

You are invited to attend the meeting and a note of the business to be considered is attached.

Yours faithfully,

Stewart Fraser
Head of Corporate Governance

BUSINESS

1.Calling of the Roll and Apologies for Absence
Gairm a’ Chlàir agus Leisgeulan

2.Declarations of Interest
Foillseachaidhean Com-pàirt

Members are asked to consider whether they have an interest to declare in relation to any item on the agenda for this meeting. Any Member making a declaration of interest should indicate whether it is a financial or non-financial interest and include some information on the nature of the interest. Advice may be sought from Officers prior to the meeting taking place.

3.Commendation - Staff members
Moladh – Buill luchd-obrach

4.Duke of Edinburgh Award Scheme – Gold Award Presentation
Sgeama Duais Diùc Dhùn Èideann – Toirt Seachad na Duais Òir

As part of the Duke of Edinburgh Award Scheme, 61 young people from across the Highlands are due to receive the Gold Award this year.

18 recipients have accepted an invitation to attend the meeting where the Convener will present them with their Gold Award badges.

5.Performance against the Highland Local Policing Plan 2017-20
Aithisg Choileanaidh Bhliadhnail a’ Phoileis

There is circulated Report No. HC/20/19 dated 18 June 2019 by the Chief Superintendent for the Highlands & Islands.

The Council is asked to scrutinise the Local Performance Report against Highland Policing Plan Objectives April 2018 – March 2019.

6.Suicide Prevention
Bacadh air Fèin-mhurt

There is circulated Joint Report No. HC/21/19 dated 12 June 2019 by the Chief Executive and Chief Superintendent on Suicide Prevention.

The Council is asked to:-

•consider the current national and local context for suicide prevention activity; and
consider and agree the proposal to take forward a piece of research to better understand the current evidence base and experience of suicide in Highland.

7.Promoting Wellbeing

(a) Mental Health & Wellbeing Action Plan

There is circulated Report No. HC/22/19 dated 12 June 2019 by the Acting Head of Policy.

The Council is asked to:-

consider and agree the Mental Health and Wellbeing Action Plan; and
note that ongoing monitoring of the plan will be through the Council’s Poverty and Inequality Working Group and appropriate Strategic Committee as identified through the Governance Review.

(b) Employee Assistance Programme

There is circulated Report No. HC/23/19 by the Head of People & ICT.

The Council is asked to:-

(i) approve the proposal to undertake a procurement exercise for an Employee Assistance Programme (EAP) for use by staff and Members in the Highland Council. The EAP would offer telephone counselling support as well as Internet based support and information. The contract would be on a contract price base rather than pay as you go;
(ii) agree that this is undertaken quickly by leveraging the procurement exercise recently undertaken by Aberdeen City and Aberdeenshire; and
(iii) agree that, once in place, the use of other counselling services is inhibited to offset the cost of the EAP.

8.Confirmation of Minutes
Daingneachadh a’ Gheàrr-chunntais

There are submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 9 May as contained in the Volume which has been circulated separately.

9.Minutes of Meetings of Committees
Geàrr-chunntasan Choinneamhan Chomataidhean

There are 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 Volume circulated separately as undernoted:-

Caithness Committee 15 May
Environment, Development and Infrastructure Committee 16 May
Badenoch and Strathspey Area Committee 20 May
Sutherland County Committee 22 May
Corporate Resources Committee 23 May

**Care, Learning and Housing Committee 29 May

Starred Items (2) as follows:

Item 15 – Statutory Consultation – Closure of Altnaharra Primary School - agreed to recommend that education at Altnaharra Primary School be discontinued and its catchment area divided between those of Tongue Primary School, Farr Primary School and Lairg Primary.

Item 18 – Review of the Statutory Consultation Exercise to establish a Gaelic Medium catchment area for Ullapool Primary School - agreed to recommend the creation of a Gaelic Medium catchment for Ullapool Primary School.

City of Inverness Area Committee 30 May
Caithness Committee (Special Meeting) 30 May
Isle of Skye and Raasay Committee 3 June
Nairnshire Committee 12 June
Audit and Scrutiny Committee 13 June

10.Highland and Western Isles Valuation Joint Board
Co-Bhòrd Luachaidh na Gàidhealtachd is nan Eilean Siar

There are circulated for information Minutes of Meeting of the Valuation Joint Board held on 29 March 2019 (to be submitted to the Board on 21 June).

11.Membership of Committees, etc
Ballarachd Chomataidhean, msaa

Members are asked to agree the following:-

Environment, Development & Infrastructure Committee – Mrs H Carmichael to replace Mrs J Barclay as put forward by the Independent Group.

Care, Learning & Housing Committee – Mrs G Campbell-Sinclair to replace Ms K Currie as put forward by the SNP Group.

NHS Health & Social Care Committee – Ms L Munro to replace Mr R MacDonald.

Items 12 and 13 will be considered at 2.00pm.

12. Question Time
Àm Ceiste

The following Questions have been received by the Head of Corporate Governance in terms of Standing Order 11 –

(i) Mr J McGillivray

To the Leader of the Council

“The Highland Council is a participant in a number of Limited Liability Partnerships (LLP). It would be informative to be reminded as to the purpose of each LLP and who the other partners are in each case, if any, and what financial stake does Highland Council have in each LLP?

The response is circulated

Mr McGillivray will be entitled to ask a supplementary question which will be answered by the Leader.

(ii) Mr J McGillivray

To the Chair of the Corporate Resources Committee

“What are the current best estimates for present total Highland Council debt and the annual financial commitment required to service this debt?”

The response is circulated

Mr McGillivray will be entitled to ask a supplementary question which will be answered by the Chair of the Corporate Resources Committee.

(iii) Mr J McGillivray

To the Leader of the Council

“The move to consultation on the closure of Stoer Primary School will mean that shortly Highland Council will have shut down 4 Sutherland schools in 3 years. This raises the spectre, if not yet the substance, of another era of Sutherland Clearances. What substantive plans does the Administration have to bring about a regeneration of the extremely fragile Sutherland economy?”

The response is circulated

Mr McGillivray will be entitled to ask a supplementary question which will be answered by the Leader.

(iv) Mr S Mackie

To the Leader of the Council

“Given the Scottish Government’s announcement that the R100 programme to deliver complete access to 30Mbps internet to every home and business in Scotland’s most remote communities by the end of 2021 is set to be missed by at least one year, what communication has the Scottish Government had with the Highland Council prior to Mr Wheelhouse’s announcement in Parliament?”

The response is circulated

Mr Mackie will be entitled to ask a supplementary question which will be answered by the Leader.

(v) Mr S Mackie

To the Chair of the Environment, Development & Infrastructure Committee

“Official Highland Council guidance indicates that, unless extended, successful Community Asset Transfer requests should be completed by the Local Authority within a nine months’ timeframe.

The Thurso Heritage Society, whose asset transfer request of the former Pavilion building on Beach Road was agreed in 2018, have waited over a year and a half for their transfer to be conducted, with our service citing significant pressures on our legal staff.

Given that as a result of the delays the Thurso Heritage Society have been unable to apply for appropriate funding or begin work on making the pavilion their permanent home, what reassurances can the Administration give that the Highland Council has the commitment and the capacity required to process worthy requests in line with our own published guidance?”

The response is circulated

Mr Mackie will be entitled to ask a supplementary question which will be answered by the Chair of the Environment, Development & Infrastructure Committee.

(vi) Mr A Jarvie

To the Chair of the Care, Learning & Housing Committee

“Can you provide a compilation of the percentage of children with level 3 and 4 ASN needs by each Local Committee area?”

The response is circulated

Mr Jarvie will be entitled to ask a supplementary question which will be answered by the Chair of the Care, Learning & Housing Committee.

(vii) Mr A Jarvie

To the Chair of Care, Learning and Housing

“How many children in Highland, with either identified or suspected additional support needs, are currently unable to or do not attend school on less than a quarter timetable?”

The response is circulated

Mr Jarvie will be entitled to ask a supplementary question which will be answered by the Chair of the Care, Learning & Housing Committee.

(viii) Mr R Gale

To the Chair of the Environment, Development & Infrastructure Committee

“From the information that we are often provided with it would be reasonable to conclude that there has been a significant underinvestment in maintaining our schools. That being the case, and in light of the limited capital programme to replace schools that are in poor condition, what measures are being put in place to ensure that repairs are being carried out across the School estate in order to make our schools a safe and healthy place for Highland pupils?”

The response is circulated

Mr Gale will be entitled to ask a supplementary question which will be answered by the Chair of the Environment, Development & Infrastructure Committee.

(ix) Mr P Saggers

To the Chair of the Environment, Development & Infrastructure Committee

"The planning approval for the Longman Waste Plant is to be welcomed. Can you confirm whether or not the plant will be in operation to meet the January 1st 2021 deadline?"

The response is circulated

Mr Saggers will be entitled to ask a supplementary question which will be answered by the Chair of the Environment, Development & Infrastructure Committee.

(x) Mr R Laird

To the Chair of the Corporate Resources Committee

“How many jobs has the Council advertised in the last six months at less than the National Minimum Wage?”

The response is circulated

Mr Laird will be entitled to ask a supplementary question which will be answered by the Chair of the Corporate Resources Committee.

(xi) Ms E Knox

To the Chair of the Care, Learning & Housing Committee

“On 16 May, the Stagecoach school bus services to Nairn Academy, Dingwall Academy and Culloden Academy were all at least 20 minutes late. Stagecoach reported that these delays were due to "vehicle unavailability in the depot".
On 17 May, the Stagecoach school bus from Beauly to Charleston was 20 minutes late. On 22 May, the Beauly to Charleston bus was delayed by 20 minutes again. On 23 May, the Beauly to Charleston bus was delayed by 30 minutes.
There were crucial Higher and National 5 exams on these dates and the delays were highly disruptive and distressing to pupils.
What efforts are being made to enforce the terms of the Highland Council's School bus service contract with Stagecoach and ensure that our young people get to school on time and how is information about delays and timetable changes communicated to parents?”

The response is circulated

Ms Knox will be entitled to ask a supplementary question which will be answered by the Chair of the Care, Learning & Housing Committee.

(xii) Mrs G Campbell-Sinclair

To the Leader of the Council

“2019 is the focal year of the International Year of the Salmon with research and outreach continuing until 2022
Environmental change and human impacts across the Northern Hemisphere are placing Salmon at risk. The International Year of the Salmon aims to bring people together to share and develop knowledge more effectively, raise awareness and take action.
The Scottish component of IYS 19 was launched by the Scottish Government in October 2018, and the Scottish Government has committed to working with partners, to create a greater awareness of the ecological, social, cultural and economic value of salmon
Atlantic Salmon populations across their range are in a serious and consistent decline, yet this important and fascinating species has a relationship with humankind stretching back into prehistory.
The importance of Wild Atlantic Salmon to the Highlands is undisputed. However phenomena such as climate change, acid rain, predation at sea, disease and sea lice infestation as a result of commercial salmon farming have taken their toll.
Measures such as restocking and catch limits have been put in place locally, nationally and globally, but with little or no effect. In short the sustainability of Wild Atlantic Salmon is at a critical point.
The Wild Atlantic Salmon has a strong association with Scotland, and in particular with the Highlands. The species is embedded and vitally important to both our culture and fiscal economy, but time is running out fast.
Will you recognise that this is a very serious issue and agree for Highland Council to call for, and organise, a Highland Seminar to include stakeholders and partners from Governmental, Education, Conservation and Angling interests as a matter of urgency?”

The response is circulated

Mrs Campbell Sinclair will be entitled to ask a supplementary question which will be answered by the Leader.

(xiii) Mr A Baxter

To the Chair of the Environment, Development & Infrastructure Committee

“What is your assessment of the effectiveness of the routine use of weedkiller treatment on grassed areas instead of a cutting and strimming regime?

The response is circulated

Mr Baxter will be entitled to ask a supplementary question which will be answered by the Chair of the Environment, Development & Infrastructure Committee.

(xiv) Mr A Baxter

To the Chair of the Care, Learning & Housing Committee:

“What is your assessment of the use of generic teacher interviews as a tool for workforce planning and its impact on staff morale in our schools?”

The response is circulated

Mr Baxter will be entitled to ask a supplementary question which will be answered by the Chair of the Care, Learning & Housing Committee.

13. Notices of Motion
Brathan Gluasaid

The following Notices of Motion have been received in accordance with Standing Order 12 –

(i) That, from December 2019, Highland Council meetings include a 20 minute time allocation for questions from members of the public.

That the Chief Executive drafts the necessary changes to Standing Orders to accommodate the following intentions - each member of the public is permitted to ask one oral question per Council which must be notified in writing no later than noon on the Friday preceding the meeting. Each question must be delivered at the meeting exactly as submitted. One supplementary question will be allowed.

Below are the criteria for questions:

- No question will exceed 1 minute;
- The question must refer to an issue which affects the Highland Council area or falls within the Council's responsibilities;
- The question must not be substantially the same as a question which has been put at a meeting of the Council in the past 6 months;
- The question must not be defamatory, frivolous, vexatious or offensive;
- The question must not require the disclosure of confidential or exempt information; and
- The question must not refer to individual planning or licensing matters or any matter of a personal nature.

Signed: Mr A Christie Mrs A MacLean

(ii) Highland Council calls on the Scottish Government to take action to improve Rail Services across Highland with an emphasis on Punctuality, Relief Drivers, Availability, Cycle Transport, Toilet Reliability and provision of snacks/coffee trolleys.

Improvements to these services are urgently required to encourage tourism, reduce carbon inefficient road transport and improve the Highland reputation as an excellent place to live, work and travel in.

Signed: Mr W MacKay Mr S Mackie

(iii) Highland Council recognises that enforceable 20mph speed limits on residential streets are widely supported in our communities. 20mph limits have a measurable impact on health and public safety through increasing the perception of safer streets and reduce the likelihood of serious accidents. The Council regrets that the existing legislation for rolling out 20mph zones is very costly, slow to implement and can lead to a patchwork of speed restrictions which is far from ideal.

The Council calls on the Scottish Government to urgently reconsider implementing a system similar where 20mph is the default speed limit for built-up residential areas.

Signed: Mr B Thompson Mr A Henderson Mr B Lobban

(iv) On 6 September 2018 The Council agreed to "fully review its policy on weed killing and to explore affordable and safe alternatives [to products containing glyphosate], with a view to introducing those as soon as possible".
The Council continues to use products containing glyphosate in public spaces including children's playparks, and little progress has been made on the undertaking to identify alternatives.
The Control of Substances Hazardous to Health Regulations 2002 (COSHH) requires employers to prevent exposure to hazardous chemicals totally wherever possible, and if that is not possible the employer must:

1.See if work can be redesigned to avoid using chemicals altogether; or
2.Look to replace the chemical with a less dangerous substitute

Later in September 2018, The GMB Union, which represents around 630000 UK workers, called for a UK-wide ban on products containing glyphosate.

It was reported in the January 2019 edition of the respected HR journal, "Personnel Today'' that a 4 year study by the Institute of Occupational Medicine and the Health and Safety Executive found that workers were exposed to glyphosate despite wearing protective equipment.
There are now 3 successful lawsuits against Bayer/Monsanto involving the commercial and domestic use of Roundup where the court has held that glyphosate causes non-Hodgkin lymphoma. There are more than 13,000 similar lawsuits against Bayer/Monsanto ongoing.
In light of the growing evidence of the harm caused by glyphosate, this motion now calls for an immediate ban on the use of weed killing products that contain glyphosate, except for invasive species control and at dangerous road junctions where its use will be risk assessed on a case by case basis.
Wildflower planting provides a natural alternative weed control method and it is safer, attractive to residents and visitors, benefits the environment and attracts pollinating insects. This weed control method would realise considerable savings in the cost of product and the safety training and equipment associated with chemical weed killers. Where wildflower planting is not viable, organic weed killers and steam or hot water weed killing methods are available and these should be used except where chemical weed killer is required to eradicate invasive species such as Japanese Knotweed.

Signed: Mr N McLean Ms E Knox

(v) Highland Council welcomes the aims and impact of Clean Air Day held on June 20th 2019 which inspires people to take action over air quality and protect their health.

Highland Council notes the UK Government statement that poor air quality is the largest environmental risk to public health. The Council notes in particular that air pollution from vehicles and other sources has a very detrimental impact on health, especially for children or those with existing health problems.
Air pollution is estimated to be responsible for over 2,500 deaths every year in Scotland and costs the Scottish economy over £1.1 billion each year. The Council recognises that these impacts are also felt in the Highlands and further recognises that air pollution has been clearly linked with heart attacks, strokes, asthma, diabetes, cancers, restricting children’s lung development, and is associated with dementia, low birth weight and premature birth.
The Council notes that there are several ways that people can improve air quality in their homes and in their neighbourhoods, some of which include:

Open your window when cooking or using cleaning products
Choose paints and varnishes that are labelled low volatile organic compounds
Think about how you do your cleaning
Regularly service your boiler
Consume less energy
Recycle your compostables
Use your car less and/or switch driving a car to walking, cycling or using public transport
Discover the side streets
Avoid strenuous activity when pollution is high
Switch your engine off when stationary

The Council agrees to support Clean Air Day 2020, with a report being submitted to the Environment, Development and Infrastructure Committee on what the individuals, communities and organisations can do to improve air quality and protect their health with the Council undertaking subsequent awareness raising though the its media channels.

Signed: Mr B Thompson Mrs M Davidson

14.Capital Programme Refresh
Ùrachadh a’ Phrògraim Chalpa

(a) Corporate Capital Programme and the Current Financial Context
Co-theacsa Ionmhasail

There will follow Report No. HC/24/19.

(b) Care & Learning Capital Programme
Prògram Calpa Sgoiltean

There will follow Report No. HC/25/19.

15.Change Strategy and Change Fund Phase 3
Cunntas às Ùr mun Phrògram Atharrachaidh & Tagraidhean Maoin Atharrachaidh Ìre 3

There is circulated Report No. HC/26/19 dated 18 June 2019 by the Chief Executive.

Members are asked to note positive progress being made to implement the Change Programme and agree that:-

i.The 4 priority areas for expenditure from the third phase of the Change Fund will be:

- 3 packages of external research and advice relating to (i) the current Community Services revenue budget: £75,000; (ii) Investigation, analysis and options for improvement to the Council’s financial and performance systems: £70,000; and (iii) an analysis of suicide data to inform new partnership strategy for prevention: £15,000; and

- Asset and Energy Management – Project Management, specialist expertise, EPC compliance and legal conveyancing: £172,000.

ii. A total sum of £332,000 to be approved for expenditure from the Change Fund in 2019/20 against the 4 areas as detailed in Section 10.

16.Governance Review: Progress update, initial recommendations and next steps
Ath-sgrùdadh Riaghlachais

There is circulated Report No. HC/27/19 dated 20 June 2019 by the Chief Executive.

Members are asked to note the progress made by the Review to date and agree:-

(i) changes to Audit and Scrutiny Committee including a reduction in the membership and introduction of a mandatory training programme;
(ii) the development of an enhanced Training, Development and Wellbeing Programme for all elected Members for September Council;
(iii)changes to report formats; and
(iv) the revised schedule and reporting framework for the Governance Review.

17.Transitional Management Arrangements
Ath-structaradh Eagrachail – Ullachaidhean Stiùiridh Eadar-amail

There is circulated Report No. HC/28/19 dated 18 June 2019 by the Chief Executive.

The Council is asked to agree the temporary arrangements in place to cover statutory functions in Education, Social Work and Financial Governance.

The Council is also asked to consider progress to date on recruitment to the newly established Chief Operating Officer and Executive Chief Officer posts.

18. Annual Accounts for the Year to 31 March 2019
Aithris air Cunntasan Neo-sgrùdaichte

There is circulated Report No. HC/29/19 dated 18 June 2019 by the Head of Corporate Finance and Commercialism.

The Council is asked to receive the unaudited Annual Accounts for the Highland Council, Highland Charities Trust, Highland Charitable Trust and the Highland Council Pension Fund for the year ended 31 March 2019 and note that these will be presented to the appointed Auditor by the prescribed date of 30 June 2019.

19.Update on the Council’s long term arrangements for managing its Residual Waste
Pròiseact Sgudail Iarmadaich

There is circulated Report No. HC/30/19 dated 20 June 2019 by the Head of Environmental and Amenity Services.

Members are asked to note the contents of the report.

Members are also asked to agree that:-

(a) the Council will continue to develop invitation to tender documentation for a waste management facility and publish the opportunity in the market during late Summer 2019; and

(b) Officers continue to work with the Scottish Government to develop transition arrangements towards the ban on landfilling its waste.

20. Suspension of European Social Fund Payments

There is circulated Report No. HC/31/19 dated 18 June 2018 by the Director of Development & Infrastructure.

Members are asked to:-

(i) note the suspension of European Social Fund payments; and

(ii) endorse actions already underway seeking urgent information from the Scottish Government to enable the Council to determine whether Council supported activity is directly affected and thus, whether there is a need to take mitigating action or not.

21.Review of the Highland Scheme of Establishment for Community Councils 2018-19 – Phase 1 feedback
Ath-sgrùdadh Comhairle Coimhearsnachd – Molaidhean Co-chomhairle Dàrna Ìre

There is circulated Report No. HC/32/19 dated 15 June 2019 by the Acting Head of Policy.

The Council is asked to note the feedback received during the Phase 1 consultation as part of the review of the Community Council Scheme

The Council is asked to agree the following proceed to Phase 2 consultation:-

Revised Phase 1 boundary proposals set out at 5.3;
New boundary proposals received as part of Phase 1 at 5.5;
Recommendations for amending the existing Scheme proposals set out at Paragraphs 5.9-5.12
New proposals to amend the Scheme set out at 5.13.

22.Climate Change Update
Cunntas às Ùr mu Atharrachadh Gnàth-shìde

There is circulated Report No. HC/33/19 dated 12 June 2019 by the Director of Development & Infrastructure.

Members are asked to note the contents of the report and that an update report will be brought back to the Council in September 2019 once the Climate Change Members Panel has met and agreed an action plan.

23.Deeds Executed
Sgrìobhainnean Lagha a Bhuilicheadh

Members are asked to note that a list of deeds and other documents executed on behalf of the Council since the meeting held on 9 May is available in the Members’ Library and on the Council’s Website.

24.Recess Powers
Cumhachdan Fosaidh

The Council is invited to agree that, during the recess period, powers should be granted to the Chief Executive, Director of Development & Infrastructure, the interim Chief Officer (Resources for the Care and Learning Service) and the interim Chief Officer (Resources for Community Services) in consultation with the Convener, Leader of the Council, Depute Leader of the Council, relevant Committee Chair and the Leader of the Opposition, 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 have been exercised.

Read Agenda (Supplementary 1 )

In relation to the agenda and papers circulated for the above Meeting of the Highland Council, please find attached the undernoted which it was indicated would follow:-

AGENDA ITEM 5

Performance against the Highland Local Policing Plan
Aithisg Choileanaidh Bhiliadhnail a’ Phoileis

There is circulated Supplementary Paper from the Chief Superintendent for the Highlands & Islands.

AGENDA ITEM 14

Capital Programme Refresh
Ùrachadh a’ Phrògraim Chalpa

(a) Corporate Capital Programme and the Current Financial Context
Co-theacsa Ionmhasail

There is circulated Report No. HC/24/19 dated 12 June 2019 by the Head of Corporate Finance and Commercialism.

The Council is asked to:-

i. note the challenges around the funding of capital investment; and

ii.approve the proposed timescale for refresh of the Capital Programme.

(b) Care & Learning Capital – Early Learning & Childcare Programme and School Estate Improvement Programme
Prògram Calpa Sgoiltean

There is circulated Joint Report No. HC/25/19 dated 21 June 2019 by the Director of Development & Infrastructure and the Head of Resources, Care & Learning

The Council is asked to:-

(i) agree the distribution of capital funding for the projects required for the delivery of the ELC expansion programme and other essential school building improvements, all in line with the approach outlined in this report and as listed in Appendix 1;

(ii) homologate the decision to award the contract at Ullapool Primary School as detailed in Paragraph 5.15;

(iii)agree to allocate the funding to the projects at Beauly, Dunvegan and Kiltearn Primary Schools as detailed in Paragraphs 6.3 to 6.5 and 6.8 and Appendix 1; and

(iv) note that a report will be taken to a future meeting of the Care, Learning & Housing Committee to conclude the Statutory Consultation for the Tain 3-18 Campus as detailed in Paragraph 6.9.

Yours faithfully

Stewart Fraser
Head of Corporate Governance

Read Agenda (Supplementary 2)

In relation to the agenda and papers circulated for the above Meeting of the Highland Council, please find attached the undernoted:-

AGENDA ITEM 9

Minutes of Meetings
Gearr-chunntasan Choinneamhan Chomataidhean

There are circulated for noting Minutes of Meeting of the Community Planning Board held on 21 March 2019 (which were approved by the Board at the meeting on 20 June 2019).

Yours faithfully

Stewart Fraser
Head of Corporate Governance

Read the Agenda Urgent Item

In relation to the agenda and papers circulated for the above Meeting of the Highland Council, please find attached the undernoted:-

URGENT ITEM

In line with Standing Order 8, the Convener has agreed that the following should be considered as an urgent item of business –

Air Passenger Duty

There is circulated Report No. HC/34/19 dated 26 June 2019 by the Director of Development & Infrastructure.

The Council is asked to:-

(i) support the continuation of the exemption from UK Air Passenger Duty for flights departing from airports in the Highlands & Islands; and
(ii)continue working with partners in HiTRANS to present the case of the need for and benefit arising from an exemption from the current UK Air Passenger Duty and any successor duty.

Yours faithfully

Stewart Fraser
Head of Corporate Governance

Minutes

Read the Minutes (Item 1-13)

Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 27 June 2019 at 10.35am.

1. Calling of the Roll and Apologies for Absence
A’ Gairm a’ Chlàir agus Leisgeulan

Present:
Mr G Adam, Mr R Balfour, Mrs J Barclay, Mr A Baxter (V/C), Mr R Bremner, Mr I Brown, Mr J Bruce, Mrs C Caddick, Mrs I Campbell, Miss J Campbell, Mrs G Campbell-Sinclair, Mrs H Carmichael, Mr A Christie, Mr I Cockburn, Mrs M Cockburn, Mr G Cruickshank, Ms K Currie, Mrs M Davidson, Mr J Finlayson, Mr M Finlayson, Mr C Fraser, Mr L Fraser, Mr R Gale, Mr J Gordon, Mr K Gowans, Mr A Graham, Mr J Gray, Mr T Heggie, Mr A Henderson (V/C), Mr A Jarvie, Ms E Knox, Mr R Laird, Mr B Lobban, Mr D Louden, Mrs L MacDonald, Mr R MacDonald, Mr A MacInnes, Mrs D Mackay, Mr D Mackay, Mr W MacKay (V/C), Mr G MacKenzie, Mrs I MacKenzie, Mr S Mackie, Mr A Mackinnon, Ms A MacLean, Mr D MacLeod, Mr D Macpherson, Mr R MacWilliam, Mrs B McAllister, Mr J McGillivray (V/C), Mr N McLean, Mr H Morrison, Ms L Munro, Ms P Munro, Mrs M Paterson, Mr I Ramon, Mr A Rhind, Mr D Rixson, Mrs F Robertson, Mrs T Robertson, Mr K Rosie, Mr G Ross, Mr P Saggers, Mr A Sinclair, Ms N Sinclair , Mr C Smith, Ms M Smith, and Mr B Thompson.

In Attendance:
Chief Executive

Mr B Lobban in the Chair

Apologies for absence were intimated on behalf of Mr B Allan, Mr B Boyd, Ms P Hadley, Mr C MacLeod, Mr M Reiss and Mrs C Wilson.

At the start of the meeting, the Convener welcomed Ms Cheryl Mechan and confirmed that she would be demonstrating the use of British Sign Language during the first four items of business.

The Council also extended their congratulations to Mr M Finlayson and his wife on the occasion of their Golden Wedding Anniversary.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:-

Item 4 – Mr A Jarvie, Mr T Heggie, Ms L Munro, Mrs I MacKenzie, Mr D Macpherson and Mr K Gowans (all Non-Financial)
Item 6 – Mr A Christie (Financial)
Item 15 – Mr A Christie (Financial)
Item 18 – Mr A Christie (Financial)
Item 20 – Mr A Jarvie, Mr A Christie and Mr P Saggers (all Non-Financial)

3. Comendation-Staff members
Moladh – Buill luchd-obrach

The Convener advised the meeting that it had been brought to his attention that two members of staff had recently performed life-saving CPR in two separate incidents.

In this regard, both members of staff had asked not to be named and had declined an invitation to attend the meeting as they felt that they had only done what anyone else in their positions would have done at the time.

It was however recognised that two members of the public were still alive thanks to their quick response on both occasions and as such it was requested that the thanks and gratitude of the whole Council should be conveyed to them.

4. Duke of Edinburgh Award Scheme – Gold Award Presentation
Sgeama Duais Diùc Dhùn Èideann – Toirt Seachad na Duais Òir

Declarations of Interest - Mr A Jarvie (Board Member of High Life Highland and the Highland Award Project), Mr T Heggie (Board Member of High Life Highland), Ms L Munro (Board Member of High Life Highland), Mr D Macpherson (Board Member of High Life Highland), Mrs I MacKenzie (Board Member of the Highland Award Project) and Mr K Gowans (family member employed by High Life Highland) declared non-financial interests in this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude them from taking part in the discussion.

It was NOTED that, as part of the Duke of Edinburgh Award Scheme, sixty one young people from across the Highlands were due to receive the Gold Award in the current year.

In this regard, the Convener presented Gold Award badges to the following eighteen recipients who were present at the meeting:-

Alan Cruickshank (Culloden Academy)
Lauren Forbes (Dornoch Academy)
Roderick MacRae (Gairloch High School)
Eilidh Johnston (Gairloch High School)
Joanna Crane (Grantown Grammar School)
Katrina McGougan (Grantown Grammar School)
Mackenzie Stewart   Brown (Inverness Royal Academy)
Sophie Douglas (Inverness Royal Academy)
Gregor Jackson (Inverness Royal Academy)
Gregor King (Inverness Royal Academy)
Emma McBride (Inverness Royal Academy)
Cameron McCheyne (Inverness Royal Academy)
Finlay   Sutherland (Inverness Royal Academy)
Fergus Wilson (Inverness Royal Academy)
Shona   Beveridge (Milburn Academy)
Lauren Cameron (Nairn Academy)
Isabella Gordon (Nairn Academy)
Harry Jack (Nairn Academy)
Ainslie MacDonald (Culloden Academy)

5. Performance against the Highland Local Policing Plan 2017-20
Aithisg Choileanaidh Bhliadhnail a’ Phoileis

There had been circulated Report No. HC/20/19 dated 18 June 2019 by the Chief Superintendent for the Highlands & Islands.

During discussion, Members raised the following issues:-

thanks should be conveyed to Officers for the excellent partnership working which had been undertaken across a range of issues, particularly at a local level, which was very appreciated;
there was a need for further information to be provided in regard to drug deaths and in this respect it was noted that significant work was currently being undertaken within schools and through increased enforcement activity;
increased community planning partnership involvement was needed in future, particularly in relation to addressing mental health issues;
more action was also required in terms of identifying the opportunities available to eliminate hate crime wherever possible;
recruitment of Officers in rural areas was still considered to be a problem although it was noted that there were currently secondment arrangements in place throughout the Highlands where and when needed;
the actions being taken around the prevention of vandalism and common assault were welcomed;
more information and activity was needed in regard to stop/searches if possible;
Officers should be commended for the excellent work being undertaken in Inverness City Centre which had made a significant and positive difference in recent months; and
there was a need for further information on incidents of drink/driving and differentiation between this and drug/driving in future reports.

Decision

The Council NOTED the Local Performance Report against the Highland Policing Plan Objectives April 2018 – March 2019 as circulated.

6. Suicide Prevention
Bacadh air Fèin-mhurt

Declaration of Interest – Mr A Christie declared a financial interest in this item as a Non-Executive Director of NHS Highland but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude him from taking part in the discussion.

There had been circulated Joint Report No. HC/21/19 dated 12 June 2019 by the Chief Executive, Highland Council, and the Chief Superintendent for the Highlands & Islands on Suicide Prevention.

During discussion, Members raised the following issues:-

there was a need to commend the content of the report, particularly in terms of the ‘grass roots’ approach to be followed in addressing the increasing number of suicides, both nationally and locally;
it should be noted that the Shetland area did not reflect the national and local statistics and there was a need to examine and learn lessons from what was currently in place in that location;
in terms of the complexity of the issues involved, it was vital to understand the circumstances which often led to suicide;
there was particular concern in relation to the high number of male suicides in the Highlands;
it would be important to study and learn from the research being undertaken by Glasgow University;
it was important to note that this was not exclusively a health problem as there were often many other factors involved and prevention was key above all else;
it should be highlighted that there were apps currently available which could provide help and support and these needed to be publicised more widely if possible;
in relation to the proposed needs assessment focused on suicide prevention, it would be particularly important to review the proposal for data analyst time (which was to be made available by both Highland Council and Police Scotland with funding from the Change Fund) in terms of assessing whether the proposed £15k was sufficient to carry out this work;
the recent Mental Health Seminars had been very helpful in understanding the issues involved and in informing the proposals to be taken forward;
the increase in the number of suicides in the Black Isle area in particular in recent months was very concerning;
as well as prioritising early detection, it was imperative to address the issues of stigma often associated with suicide;
a recent initiative in setting up a ‘Conversation Café’ had been very successful and it was hoped that this could be replicated wherever possible;
it would be especially important to take forward increased community partnership work on this issue in future;
other areas across the world currently had a ‘zero suicide’ policy in place and it was very important that lessons were learned in this regard; and
in addition to all the issues which had been raised, it was vital that there was a recognition that the Council had to address current policies and working practices to ensure that these were changed if necessary if they were inadvertently causing increased or additional hardship to vulnerable members of society.

Decision

The Council NOTED the current national and local context for suicide prevention activity and AGREED the proposal to take forward a piece of research to better understand the current evidence base and experience of suicide in Highland.

7. Promoting Wellbeing

a) Mental Health & Wellbeing Action Plan

There had been circulated Report No. HC/22/19 dated 12 June 2019 by the Acting Head of Policy.

During discussion, it was highlighted that, as part of the proposed action in relation to stress and the promotion of wellbeing amongst staff, it was vital that the issue of bullying was taken seriously and addressed as a high priority.

Decision

Members AGREED the Mental Health and Wellbeing Action Plan and NOTED that ongoing monitoring of the plan would be through the Council’s Poverty and Inequality Working Group and appropriate Strategic Committee as identified through the Governance Review.

b) Employee Assistance Programme

There had been circulated Report No. HC/23/19 by the Head of People & ICT.

During discussion, Members raised the following issues:-

there was strong support for the introduction of this Programme which would benefit the Council and individuals whilst also representing value for money and the basis for preventing poor mental health;
the provision of a 24 hour confidential helpline was particularly relevant and it was suggested that the issue of legal advice should also be investigated;
it was important that Council Managers were well prepared to identify instances of inappropriate behaviour from the outset;
it had to be recognised that there were many different management styles across the Council which could result in different outcomes;
it was noted that Staff Forums had already been undertaken across the Council and that Training Courses were in place for staff if needed;
it was vital to recognise that many treatment programmes could be very intensive and necessitate prolonged periods away from work for some employees. As such, this had to be managed properly, both for the individual concerned and for those employees required to cover an individual’s work schedule whilst they were attending such programmes. Above all, it had to be highlighted that any individual should not be made to feel in any way or at any time that they had to put their Council responsibilities above their own mental health;
it was especially important to note that a decreasing workforce with ever greater demands on workload represented the potential for stress within the workplace and Elected Members had to be aware of this when introducing new policies and making decisions which would have resource implications;
the emphasis had always to be on supporting and retaining staff wherever possible;
it was noted that a report would be submitted to the next meeting in September in relation to staff governance and this would also focus on wellbeing, review and development, peer reviews and support in rural areas; and
it was imperative to bring about a culture change in relation to the current stigma and fear often associated with seeking counselling for mental health related conditions.

Decision

The Council APPROVED the proposal to undertake a procurement exercise for an Employee Assistance Programme (EAP) for use by staff and Members in the Highland Council which would offer telephone counselling support as well as Internet based support and information. The contract would be on a contract price base rather than pay as you go.

The Council also AGREED:-

(i) that this be undertaken quickly by leveraging the procurement exercise recently undertaken by Aberdeen City and Aberdeenshire; and
(ii) that once in place the use of other counselling services be inhibited to offset the cost of the EAP.

8. Confirmation of Minutes
Daingneachadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 10 May 2019 as contained in the Volume which had been circulated separately - which were APPROVED.

9. Minutes of Meetings of Committees
Geàrr-chunntasan Choinneamhan Chomataidhean

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 as contained in Volume which had been circulated separately as undernoted:-

Caithness Committee, 15 May
Environment, Development and Infrastructure Committee, 16 May
Badenoch and Strathspey Area Committee, 20 May
Sutherland County Committee, 22 May
Corporate Resources Committee, 23 May
Care, Learing and Housing Committee, 29 May
City of Inverness Area Committee, 30 May
Caithness Committee (Special Meeting), 30 May
Isle of Skye and Raasay Committee, 3 June
Nairnshire Committee, 12 June
Audit and Scrutiny Committee, 13 June

The Minutes, having been moved and seconded were, except as undernoted, APPROVED – matters arising having been dealt with as follows:-

Corporate Resources Committee, 23 May

PP.142-145: Item 5: Corporate Revenue Near Final Monitoring Report for 2018/19

AGREED that clarification should be sought on the second bullet point within this item whereby it had been stated that ‘only £680k of the total deficit would be met from reserves with the remaining amount funded from non-earmarked budgets’.

Care, Learning and Housing Committee, 29 May

*Starred Item: Item 15: PP 149-162: Closure of Altnaharra Primary School

AGREED that education at Altnaharra Primary School be discontinued and its catchment area divided between those of Tongue Primary School, Farr Primary School and Lairg Primary.

*Starred Item: Item 18: PP 149-162 Review of the Statutory Consultation Exercise to establish a Gaelic Medium catchment area for Ullapool Primary School

AGREED the creation of a Gaelic Medium catchment for Ullapool Primary School.

Community Planning Board - there had also been circulated Minutes of Meeting of the Community Planning Board held on 21 March 2019 (approved by the Board on 20 June 2019) which were NOTED.

10. Highland and Western Isles Valuation Joint Board
Co-Bhòrd Luachaidh na Gàidhealtachd is nan Eilean Siar

There had been circulated Minutes of Meeting of the Valuation Joint Board held on 29 March 2019 (submitted to the Board on 21 June) which were NOTED.

11. Membership of Committees, etc
Ballarachd Chomataidhean, msaa

The Council AGREED the following –
Environment, Development & Infrastructure Committee – Mrs H Carmichael to replace Mrs J Barclay as put forward by the Independent Group.

Care, Learning & Housing Committee – Mrs G Campbell-Sinclair to replace Ms K Currie as put forward by the SNP Group.

NHS Health & Social Care Committee – Ms L Munro to replace Mr R MacDonald.

It was also NOTED that Mr A MacKinnon was now the Depute Leader of the Independent Group within the Council.

ADDITIONAL URGENT ITEM

At this point in the meeting, and in line with Standing Order 8, it was advised that the Convener had agreed that the following should be considered as an urgent item of business:-

Air Passenger Duty

There had been circulated Report No. HC/34/19 dated 26 June 2019 by the Director of Development & Infrastructure which confirmed that the UK Government had recently undertaken a consultation into its Aviation 2050 Green Paper during which the Independent Consultative Committee which advised Aberdeen International Airport had suggested that there should be greater parity between that Airport and Inverness Airport through either extending the Air Passenger Duty Exemption to Aberdeen or abolishing it on flights from Inverness to destinations outside the Highlands and Islands area.

In this regard, it was noted that passengers flying from airports in the Highlands and Islands had been exempt from Air Passenger Duty since 2000 in recognition of the reliance on air transport in the only UK region at that time to have a population density of less than 12.5 people per square km. Also, independent research in 2018 had concluded that if this exemption was removed and a duty applied to outbound flights from Inverness, airlines would pass on the charge in full to their passengers or alternatively pass on some of the charge and treat the rest as a cost their business could bear.

In the context whereby airlines already faced a challenge in developing and sustaining certain types of route at Inverness due to the catchment area’s small population and business base, it was considered that any impact would be significant.

Also, the Scottish Government, in committing to continuing to work with the UK Government and the Air Departure Tax Highlands and Islands Working Group to find a solution, had confirmed that air connectivity was critical for the Highlands and Islands and the existing exemption had to remain in place to protect remote and rural communities.

Decision

The Council AGREED to support the continuation of the exemption from UK Air Passenger Duty for flights departing from airports in the Highlands & Islands.

It was also AGREED to continue working with partners in HiTRANS to present the case of the need for and benefit arising from an exemption from the current UK Air Passenger Duty and any successor duty.

12. Question Time
Am Ceiste

The following Questions had been received by the Depute Chief Executive/Director of Corporate Development in terms of Standing Order 11 –

(i) Mr J McGillivray

To the Leader of the Council