Agendas, reports and minutes

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

Present:

Dr D Alston, Mr R Balfour, Mr A Baxter, Mr D Bremner, Mr I Brown, Mrs C Caddick, Mrs I Campbell, Miss J Campbell, Mrs H Carmichael, Mr A Christie, Mr B Clark, Dr I Cockburn, Mrs G Coghill, Mr J Crawford, Mrs M Davidson, Mr N Donald, Ms J Douglas, Mr A Duffy, Mr D Fallows, Mr G Farlow, Mr B Fernie, Mr M Finlayson, Mr J Ford, Mr C Fraser, Mr L Fraser, Mr H Fraser, Mr K Gowans, Mr A Graham, Mr J Gray, Mr M Green, Mr A Henderson, Mr D Hendry, Mr E Hunter, Mr D Kerr, Mr R Laird, Mr B Lobban, Mr C Macaulay, Mrs L MacDonald, Mr J McGillivray, Mrs D Mackay, Mr D Mackay, Mr W MacKay, Mr G MacKenzie, Mr A Mackinnon, Ms A MacLean, Mr T MacLennan, Mr A MacLeod, Mr K MacLeod, Mrs B McAllister, Mrs I McCallum, Mr D Millar, Mr H Morrison, Ms L Munro, Mr B Murphy, Mr F Parr, Mrs M Paterson, Mr G Phillips, Mr T Prag, Mr M Rattray, Mr I Renwick, Mr A Rhind, Mr G Rimell, Mrs F Robertson, Ms G Ross, Mr G Ross, Mr R Saxon, Dr A Sinclair, Mrs J Slater, Ms M Smith, Ms K Stephen, Mr J Stone, Mrs C Wilson, Mr H Wood

In Attendance:

Chief Executive
Assistant Chief Executive
Director of Education, Culture and Sport
Director of Planning and Development Director of TEC Services
Director of Health and Social Care
Director of Finance
Interim Director of Housing and Property
Corporate Manager

Mr J Gray in the Chair

Apologies for absence were intimated on behalf of Mr B Barclay, Mr J Gordon, Mr B Gormley, Mr R Greene, Mr N MacDonald, Mr J Rosie and Mrs G Sinclair.

Preliminaries

Prior to the commencement of the formal business, and on behalf of the Council, the Convener welcomed Mr S Barron, Chief Executive, and Ms T Urry, Interim Director of Housing and Property, to their first meeting of the Council in their new roles.

The Council also congratulated Councillor W MacKay on his 65th birthday.

It was NOTED that, in terms of Standing Order 17.2, the Convener had agreed that an additional urgent item of business – the Golspie Recycling & Environmental Action Network - should be considered at the meeting in view of the need to progress the Council’s support as quickly as possible.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:–

Item 11 – Mr K Gowans, Mr F Parr, Mr H Wood (all non-financial).

Item 15 – Mr I Brown, Mr A Christie, Ms J Douglas, Mr D Fallows, Mr G Farlow, Mr B Fernie, Mr K Gowans, Mr M Green, Mr B Lobban, Mrs D MacKay, Mr W MacKay, Mrs A MacLean, Mr A Macleod, Mr B Murphy, Mr F Parr, Mr G Phillips, Mr T Prag, Mr I Renwick and Mr J Stone (all non-financial).

3.  Recess Powers
Cumhachdan Fosaidh

It was NOTED that the recess powers granted by the Council at the meeting on 27 June 2013 had not required to be exercised.

Additional Urgent Item – GREAN Social Enterprise. Golspie

It was confirmed that, following the sudden announcement that GREAN, the Golspie based Recycling Social Enterprise Company, was to cease trading with approximately 20 staff being made redundant, the Council was actively supporting local people through the Employability and Money Advice teams. In addition, a Partnership for Continuing Employment had been set up with a multi-agency task force and Highlands & Islands Enterprise as the lead partner. In this regard, the Council would work very closely with whoever might be appointed to find a solution with a further report would be presented to Members in due course.

The Council NOTED the position as detailed.

4.  Confirmation of Minutes
Dearbhadh Geàrr-chunntais

There had been submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 27 June 2013 as contained in the Volume circulated separately – which were APPROVED.

5.  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 contained in the volume circulated separately as undernoted:-

City of Inverness Area Committee, 12 August
Planning, Environment and Development Committee, 14 August
Transport, Environmental and Community Services Committee, 15 August 
Caithness and Sutherland Area Committee, 19 August
Adult and Children’s Services Committee, 21 August
Pensions Committee, 22 August
Gaelic Implementation Group, 22 August
Lochaber Area Committee, 26 August
Finance, Housing and Resources Committee, 28 August

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

City of Inverness Area Committee, 12 August

*Starred Item* Page 363, item 6b, Inverness West Link Recommended Road Layout

It was AGREED that the revised layout plan for the Inverness West Link Road should be taken forward for use in the Detailed Planning Application and the Compulsory Purchase Orders for the Scheme.

Finance, Housing and Resources Committee, 28 August, 2013

Page 15, List of those Present

It was AGREED that an amendment should be made to the Minute to confirm Mrs M Paterson’s attendance at the meeting.

6.  Highland and Western Isles Valuation Joint Board
Bord Lucachaidh na Gaidhealtachd is nan Eilean Siar

There had been circulated for information Minutes of Meeting of the Highlands and Western Isles Valuation Joint Board held on 4 April 2013 - which were NOTED.

7.  Membership of Committees, etc
Ballrachd air Comataidhean, msaa

The Council AGREED the following changes to membership of Committees –

• Adult and Children’s Services Committee – Ms M Smith to replace Mrs L MacDonald
• Adult and Children’s Services Committee (Substitute) – Mrs G Sinclair to replace Ms M Smith
• North Planning Applications Committee – Mr D Bremner to fill the current vacancy
• North Planning Applications Committee – Mr A Rhind to replace Mrs F Robertson
• Local Negotiating Committee for Teaching Staff – Mr M Green to replace Mr W MacKay

8.  Question Time
Àm Ceiste

The following Questions had been received by the Assistant Chief Executive in terms of Standing Order 42:-

(i) Mr J Crawford (19kb pdf)

To the Leader of the Council

“How many foreign trips has the Political Leader undertaken since his election in May 2012, what was the total cost to the Council (including that of Officials accompanying him) and what value have these visits brought to the Council?’

The response had been circulated.

In terms of a supplementary question, Mr Crawford queried as to whether the financial benefits which had been quoted in the response would have come to the Council anyway or whether they had been achieved as a result of the Leader’s efforts.

In response, the Leader confirmed that the information contained within the response represented a significant return for the efforts of the present Council and built on the work undertaken by the previous Council in terms of European engagement. There were significant opportunities to gain more value from European funding sources in future and in this respect it had already been agreed that the Council should redouble efforts to take advantage of any possible additional leverage and match funding which could be obtained. Had the Council not engaged in some of the initiatives identified within the response, results would not have been realised and specific thanks were conveyed to the Officers within the Council who had made outstanding progress in identifying opportunities and achieving best value in this regard.

(ii) Mr A Baxter (11kb pdf)

To the Chair of the Transport, Environmental and Community (TEC) Services Committee

“What assessment has been made of the impact of removing ‘No Overnight Parking’ signs from all Highland Council maintained laybys on Transport, Environmental and Community Services and local communities?”

The response had been circulated.

In terms of a supplementary question, Mr Baxter welcomed the acknowledgement that there had been an impact since the previous year’s decision but sought assurances that the Chair of the TEC Services Committee would examine the practicality of introducing Traffic Order Zones to deal with specific areas around lochs and glens and set out a timetable for such work to be undertaken.

In response, the Chair of the TEC Services Committee confirmed that a review would be undertaken and that as part of that review Local Members would be asked to identify any particular difficulties within their own Wards.

Decision

The Council NOTED the position.

9.  Notice of Motion
Brath Glusaid

The following Notice of Motion had been received in accordance with Standing Order 10.1 –

“This Council resolves to adopt a policy of opposing blacklisting. A number of construction companies have been challenged about supporting the existence of and subscribing to construction industry ‘blacklists’ which detail covertly gathered information on construction trade unionism and employment of history of employees. Blacklisting is an unacceptable practice and cannot be condoned.

Trade Unions (notably UNITE, GMB and UCATT) are leading a national campaign aimed at forcing those companies who have been involved in blacklisting to apologise and compensate those who have been affected by it. It is understood that the construction industry blacklist was collated by the Consulting Association (a private consultancy) and was then provided at a cost to construction companies as they sought to recruit/avoid new workers. The Information Commissioner has investigated and taken action against the Consulting Association for this practice. Furthermore, the Information Commissioner has taken enforcement action against a number of construction companies based on the evidence recovered from the Consulting Association.

Owing to the concentration of construction activity in and around the Highlands, there is the potential that some of those alleged to have been discriminated against live in the Highland Council area and that this practice has disadvantaged residents working in the building industry. Given the potential impact on residents of the Highlands, the Council resolves to support the Trade Union campaign against blacklisting”.

Signed: Dr D Alston, Mr D Hendry, Mr J Gray  

Speaking in support of the Notice of Motion, Members made reference to the Scottish Affairs Select Committee which had a number of outstanding questions as to whether blacklisting was still taking place. This had significant implications for the Council as it sought to realise its Capital Programme through contracts with major companies and in this regard the Council had a right to expect that such companies were operating within the law. 

There were also issues regarding whether companies previously involved in blacklisting should be permitted to tender for public sector contracts and whether existing legislation was adequate and on these grounds it was considered appropriate for the Council to support the on-going trade union campaign.

As such, the Council was committed to moving forward the economy which involved infrastructure development and it was imperative that this responsibility was matched by supporting individuals employed in the sector. The right to work was a basic human right but this had been denied to many construction workers in the past through blacklisting and it was now known that this had included many workers in the Highlands.

Whilst supporting the basic principles behind the Notice of Motion, other Members queried whether the Council should write to the bigger firms who took out contracts in the Highland area and also whether it would be beneficial to make representations to the Westminster Select Committee (which was currently taking evidence on blacklisting practices) or to give consideration to amending tender specification documents. 

In this regard, it was confirmed that the current campaign was being led by trade unions and the Council would remain open to assisting through their co-ordinated approach.

Decision

The Council APPROVED the Notice of Motion as detailed.

It was also AGREED that the Westminster Select Committee who were dealing with this issue should be advised of the Council’s decision.

10.  Local Government Boundary Commission – Review of Wards 
Coimisean Chrìochan Riaghaltais Ionadail – Sgrùdadh air Uàrdan

There had been circulated Report No. HC-30-13 (527kb pdf) dated 21 August 2013 by the Chief Executive which confirmed that the Local Government Boundary Commission for Scotland had notified the Council that it expected to start substantive work on the review of Wards in early Autumn 2013.  In this regard, the Commission had asked whether the Council might wish to consider whether if it was content with the present number of Councillors so that preliminary views could be passed to the Commission as it began its own consideration.

During a summary of the report, it was explained that, once the settlement data from the 2011 Census became available later in the year, the Commission intended to write to all Councils with their initial thoughts about an appropriate number of Councillors for each area. It was expected that the Commission would use a similar formulaic approach as in the past to determine numbers of Councillors which took into account the population density and distribution of a Council area with the results of the review being in place for the next Local Government Election in May 2017.

In this regard, an early analysis of the current Highland electorate indicated that 5% of Highland Wards were no longer in line with electoral parity and it was therefore very likely that some Ward boundaries might require adjustment.

During discussion, reference was made to the potential implications from this review, not least for the way in which Councillors represented their communities. In this regard, it was suggested that a strong message should be sent to the Boundary Commission that the review should take into account the importance of communities, rather than just population numbers, as some of the Highland Council Wards with the highest population numbers covered the smallest geographical areas. New builds proposed within Local Development Plans would also change the overall population spread.

Decision

The Council AGREED to await the Commission’s proposals due later in the year.

It was also AGREED that the Boundary Commission should be advised of the strong message from Members that any review should take into account the importance of communities and not just population numbers.

11.  Inverness West Link – Final Road Layout, Planning Application, CPO Plans And Schedule
Ceangal Inbhir Nis an Iar – Aonta Loidhne Rathaid agus Òrdughan Ceannachd Èigneachail

Declarations of Interest – 

The undernoted Members all 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 their involvement in the discussion –

Mr K Gowans – Board Member of Inverness Angling Club
Mr F Parr – Director of High Life Highland
Mr H Wood – Board Member of Inverness Civic Trust and Chairman of the Highland Cycle Campaign Group

There had been circulated Report No. HC-31-13 (573kb pdf) dated 20 August 2013 by the Director of Transport, Environmental and Community Services which provided an update on the outcome of the Inverness West Link Stage 3 Consultation and invited approval of the final road design which would be used for the Inverness West Link planning application and as the basis of the Compulsory Purchase Order.

In this regard, it was confirmed that the City of Inverness Area Committee had considered these proposals at their meeting on 12 August 2013 and had made a recommendation to the Council that the revised layout drawings (as contained in Appendix A (2704kb pdf)) be used for the Inverness West Link planning application and as the basis for a Compulsory Purchase Order for the Scheme (as detailed in Appendix B (3106kb pdf)). 

During a summary of the report, Members were reminded of the significant drivers for the project which were becoming increasingly important in supporting the continued economic growth and development of the City. As such, the design process had followed the Design Manual for Roads and Bridges which was used throughout the UK and which comprised three stages. In this respect, the Stage 3 consultation had been a very positive part of the process and had given both the public and relevant organisations the opportunity to influence the final design. Areas where design had been refined following input from the public consultation had also been detailed within the report.

In terms of costs, it was advised that the revised estimated cost for the project, incorporating the updated detailed design, amounted to £34.398m. An outline was given of the statutory consents required for the project and it was confirmed that the Council would seek to purchase the necessary land through land purchase compensation negotiations undertaken by the Inverness District Valuer. In this regard, a Compulsory Purchase Order (CPO) would be promoted under the Roads (Scotland) Act to acquire the land and servitude rights where necessary for the project.  An outline of timeframes was also provided and it was confirmed that a Planning Application would be made and notice of CPO advertised towards the end of September 2013.

During discussion, Members raised the following issues:-

• this represented an important and complex decision but after a considerable period of time the Council was now in a position to move forward;
• the costs and attention to detail which had gone into the project had been highlighted within the report and it should be acknowledged that cost inflation could not be avoided. In addition, over half of the increased costs were as a result of responding to public consultation and subsequent adjustment of plans;
• the costs attached to land purchases and negotiations may be able to be reclaimed through developer contributions as the project progressed as this was welcomed;
• it was noted that discussions had been held with both the Golf and Rugby Clubs and early negotiation had begun with Inverness Caledonian Thistle Football Club in terms of possible use of the future sporting hub as a training base. As such, the proposals presented an exciting opportunity for improvements to a number of sporting facilities and further possibilities for the marina which would all generate further economic activity;
• sporting hub facilities could also be delivered and realised through collaborative working with many funding agencies and in this regard every funding avenue should be explored;
• the proposals represented an exciting opportunity to regenerate the areas around the canal and river;
• the possibilities for liaison with a stakeholder group, involving cycling and walking interests, should be explored in order build on the good work which had been started;
• the opportunities to regenerate Inverness West could lead to a wide range of further improvements which would not have been possible before and it was important for members of the public to be made aware of the potential benefits;
• thanks were extended to Officials for meeting with Members and the public to consider revised proposals for public safety in terms of the lighting of underpasses;
• it was hoped that work could be carried out on the Golf Course as soon as possible as this would help to establish confidence in future developments;
• in regard to the £6-9.5m developer contributions, it was suggested that communities should be able to bid into this from a central source on the grounds of the wider general benefits which could ensue; and
• it was pleasing that the cycling fraternity was grateful that their comments had been listened to and that they welcomed the long terms vision as highlighted within the report;
• the need to cross the river and the canal and to take traffic out of the centre of the City had been the main driver for the project. However, it was important to recognise that the sporting and other infrastructure developments might attract more traffic and it was important to take account of this as the project moved forward;
• there had been a rush to get the project going and it was felt that the additional sporting attractions had been built into the project to gain acceptability with the public;
• it was important to recognise that the proposed developer contributions were as yet to be defined and might not be sufficient; 
• the City of Inverness Area Committee had asked for total costs to be presented to this meeting but this had not been done;
• it was concerning that there was a possibility that the necessary CPOs could create ransom strips with huge cost increases;
• the CPO process was complex and time-consuming and no time-scales had been set out and it was therefore imperative that the Council ensured that the necessary legal resources were in place to carry out the necessary work;
• regarding the future re-classification of the road as an A route on completion, it was unclear what assurances had been given in this regard and whether or not the route would be adopted; and
• in relation to Phases 1 and 2, there was a need for further detail to be provided.

Decision

The Council:-

(i) APPROVED the layout drawings for the Inverness West Link as contained in
    Appendix A and AGREED to authorise the making of a Planning Application
    and a Scheduled Monument Consent Application for the Inverness West Link;
(ii) RESOLVED to make a Compulsory Purchase Order to acquire all of the land
    required for the Inverness West Link as detailed in Appendix B and AGREED
    to authorise the Director of Transport, Environmental and Community Services
    and the Head of Legal & Democratic Services to advertise the Compulsory
    Purchase Order and take all necessary steps to obtain title; and
(iii) AGREED to authorise the Director of Transport, Environmental and
    Community Services to undertake negotiations through the District Valuer of
    any claims for compensation and costs payable to owners, lessees and
    occupiers of the land required for the Inverness West Link.

12.  Carbon Clever Highlands – Carbon Neutral Inverness in a Low Carbon Highlands by 2025
Càrbon GLIC

There had been circulated Report No. HC-32-13 (513kb pdf) dated 26 August 2013 by the Chief Executive which provided a summary update on the work which had been conducted so far to implement and realise the vision of a Carbon Neutral Inverness in a Low Carbon Highlands by 2025.

During a summary of the report, Members were reminded of the initiative to achieve the visionary target where the objective for a carbon neutral Inverness would reinforce the objective for a low carbon Highlands. In this regard, a Carbon Clever Highlands Conference was planned for November which would bring partners and stakeholders together and invite them to commit to the vision of a Carbon Clever Highland, draw on the expertise of other places with low carbon visions and launch the initiative. All Council Services would be involved in workshops to identify service ideas and contributions and in this respect, work was underway to identify early and visible projects and funding sources involving EU support for the initiative, Scottish Government programmes and opportunities from Council operations.

It was confirmed that the initiative built on work already carried out through the carbon management plan and the adaptation strategy but transformed this work in terms of scale, pace and ambition. Instead of working towards incremental change, the initiative would mean a fundamental change in how Highland organisations and the general population used energy in their homes, buildings and transport. In this respect, the resource implications for the Council had been detailed within the report and included the establishment of two new posts within the Climate Change team.

During discussion, Members raised the following issues:-

• there had been a considerable amount of work undertaken on this issue in Lochaber and other places and assurances were sought that this work would be taken into account and that funding would be dispersed throughout the Highlands;
• it had been hoped that the report would provide more detail on the delivery of projects as they would form a legacy for the future;
• there was currently a debate being held in Westminster about the health benefits of cycling with consideration being given to future major investment of between £10-20 per head for taxpayers. This had the potential to have a hugely positive impact on the health of the nation and it was hoped that the Scottish Government would fulfil its promise of 10% of all journeys being undertaken by bicycle by 2020. In this respect, Inverness had the potential to meet this target and the Council should assist wherever possible;
• there was a need to bring together the wide variety of projects which had been referred to in an understandable and effective package for the public and to include reference to timescales, objectives and measures for performance;
• this was a difficult subject for the public to understand and increased publicity, through a range of marketing and public relations activities, was required in order to influence future behaviour;
• the contribution to the Highland Climate Change Declaration which could be made was important and ensuring sustainability meant a change in thinking for people living and working in remote and rural areas;
• the opportunities for funding leverage were particularly welcomed for the Highlands;
• there was a need for further information to be provided on the 125 green ambassadors; and
• it was clear that schools were very much in tune with green issues and it was queried whether young people could be included as ambassadors and whether representatives from schools could be invited to attend the conference.

Decision

The Council NOTED the early progress which was being made on the initiative and that it would transform the current approach to carbon management in scale, pace and ambition.

The Council also APPROVED the contribution from balances of £160,000 over three financial years from 2013/14 - with approximately 25% in 2013/14, 50% in 2014/15 and 25% in 2015/16 – which would support the recruitment of 2 temporary posts in the Chief Executive’s Service Policy Team.

13.  EU Activity Update 
Gnìomhachd an Aonaidh Eòrpaich o Chionn Ghoirid

There had been circulated Report No. HC-33-13 (496kb pdf) dated 22 August 2013 by the Chief Executive which provided a brief update on the developments concerning EU regional funding and the activity undertaken by the Council since the update to the meeting on 9 May 2013 and following the Annual EU report which had been submitted to the Finance, Housing and Resources Committee on 10 April 2013.

The report also highlighted the recent announcement regarding EU regional funding for the Highlands & Islands, the process used by the Scottish Government to develop operational programmes to deliver these regional funds, consultations responded to and activity in the wider European arena.

Further specific information was provided on Programme Development, Inter-regional Development (Interreg) and other Programmes, the impact of EU funding in the Highland area, responses to EU Consultations and other networking activity.

During discussion, Members raised the following issues:-

• the huge effort which had been made in the past to access EU funding was acknowledged and it was stressed that this had been of tremendous benefit to the Highlands;
• communities were keen to see the LEADER Programme recommencing in 2014 and it was hoped that the application processes and monitoring would be simplified in future;
• the Highlands and Islands had successfully retained transition status (and were therefore eligible for higher funding than other areas of Scotland) but this appeared to conflict with the Government process of delivering integrated programmes across the whole of Scotland and ignoring transition status. This was an example of centralisation which should be strongly resisted and it was suggested that these concerns should be raised with the First Minister at an early date with a subsequent report back to Members.

In response, it was confirmed that a meeting had been requested with the First Minister although no date had been set as yet. This meeting would be attended by the Leaders of the Highland and Western Isles Councils in their respective capacities as Chair and Vice-Chair of the Highlands & Islands European Partnership and a further report submitted to Members in due course.

Decision

The Council NOTED the content of the report, especially the transition status applied to the region for EU programme support, and that Officers and Members would continue to work to secure the maximum benefit for the Highlands from EU programmes from 2014-2020.    

14.  Code of Corporate Governance
Còd Ceannardais Chorporra

There had been circulated Report No. HC-34-13 (527kb pdf) dated 14 August 2013 by the Assistant Chief Executive which provided information on progress with delivering the actions agreed in the Local Code of Corporate Governance for 2012/13 and presented the proposed Code for 2013/14 for approval.

During discussion, Members welcomed the report and the standards which were being set and achieved.

Reference was also made to substantive items of business which had been previously discussed at Ward Business Meetings and which it was hoped could now be considered by the new Area Committees.

It was also considered that there was still much work to be undertaken in terms of ensuring the continuing levels of high quality services and public reporting and in this regard it was suggested that further emphasis should be given to capturing issues raised by members of the public and treating them as an opportunity to improve service provision wherever possible.

Decision

The Council NOTED the good progress on delivering the agreed actions in the Code of Corporate Governance for 2012/13.

The Council also AGREED the Code of Corporate Governance for 2013/14.

15.  Performance Reports
Aithisgean Dèanadais

Declarations of Interest –

The undernoted Members all 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 their involvement in the discussion –

Mr I Brown, Mr K Gowans, Mr D Fallows, Mr B Fernie, Mr B Lobban, Mr T Prag and Mr J Stone  – Directors of Highland Opportunity Limited
Mr A Christie – General Manager of Inverness, Badenoch & Strathspey Citizens’ Advice Bureau
Ms J Douglas, Mr K Gowans and Mr F Parr – Directors of High Life Highland
Mr G Farlow – Director of North West Sutherland Citizens’ Advice Bureau
Mr M Green – Director of Inverness Ice Centre
Mrs D MacKay and Mr G Phillips – Directors of East Sutherland Citizens’ Advice Bureau
Mr W MacKay and Mr A MacLeod – Directors of Caithness Citizens’ Advice Bureau
Mrs A MacLean – Director of Ross and Cromarty Citizens’ Advice Bureau
Mr B J Murphy – Highland Council Homeless Accommodation provider
Mr I Renwick – Director of Portree Citizens’ Advice Bureau

(i) Corporate Performance Report 2012-13 - Incorporating Statutory Performance Indicators

There had been circulated Report No. HC-35-13 (959kb pdf) by the Chief Executive which provided an assessment of Council performance against the Corporate Plan and the Council’s Programme, ‘Working Together for the Highlands’, for the period from 1 April 2012 to 31 March 2013.

During a summary of the report, it was confirmed that in total there were 129 commitments and performance for each of these commitments had been highlighted within Appendix 1 to the report.

In addition, information had been provided in relation to those commitments which had been completed, were progressing well, on target or being maintained, as well as those with mixed performance and those which had not been met.

Corrections were also highlighted in relation to Appendix 2 within the report and specifically in regard to the Equal Opportunities Policy, Public Access and the Sports and Leisure Management Indicators.

During discussion, Members raised the following issues:-

• the good progress which had been made and the on-going work in this regard as identified in the report was welcomed;
• particular examples of areas where staff had added value to current levels of service had been highlighted through the Customer Service Excellence Award, the Carbon Trust Accreditation, the Wick Office Refurbishment project, the implementation of Business Support across Services, the work of the Homeless Prevention Team, the expansion of the Nigg Yard and the activities in relation to Youth Employment;
• it should be recognised and acknowledged that many of the commitments which had been listed in the report had been taken forward in conjunction with partners;
• there was a need to work with the Land Reform Group to make a much greater impact in relation to the programme which had been agreed in regard to land ownership;
• the Programme for the Administration focused on outcomes and improving lives and was measured to ensure that the Council was on track to deliver those outcomes;
• there was a continual need to drive up improvements and this had been evidenced within the report;
• the staff response to the very ambitious targets which had been set by the Council was welcomed, including the rolling out of a single ‘smart’ card to all young people by 2013, allowing access to leisure, libraries, arts & cultural activities, youth information and school meals; and
• in relation to working with the Scottish Government and other agencies and in particular undertaking a review of service delivery to remote and rural communities in order to identify a sustainable level of support necessary for the provision of services, it was stressed that this was a very important area of the Council’s work and as such further information was required as to when Members would be provided with details of the studies which had been undertaken into a Minimum Income Standard for Remote Rural Scotland and Improving Measures of Local Incomes and Poverty in Scotland at a small area level and also provided with a timescale as to when this would be taken to Area Committees for further discussion.                

Decision

The Council NOTED the good progress being made with delivery of the Council’s Programme and that a newspaper supplement, drawing on this assessment of performance and other performance information, would be produced to report performance to the public. Also, that quarterly reporting and areas for improvement for Statutory Performance Indicators would be dealt with through Strategic Committees.

The Council also NOTED the following corrections within the report –

Page 37 – Appendix 2 – Equal Opportunities Policy – Indicator 2 – number and percentage of the highest paid 2% and 5% earners among Council employees who were women –

Top 2% - 12/13 – amend figure from 60% to 35.5%
Top 5% - 12/13 – amend figure from 167% to 46%

Page 37 – Appendix 2 – Public Access – Council buildings from which the Council delivered services to the public and specifically the percentage of these in which all public areas were suitable and accessible to disabled people – 12/13 – amend figure from 149% to 94.3%   

Page 39 – Appendix 2 – Sports and Leisure Management Indicators – now confirmed that Internal Audit had recommended that this be reported as reliable (as opposed to unreliable) data. 

The Council also AGREED the submission to Audit Scotland of the 2012/13 Statutory Performance Indicator report.  

(ii) Results from the Citizens’ Panel 2013 Performance and Attitudes Survey

There had been circulated Report No. HC-36-13 (675kb pdf) dated 23 August 2013 by the Chief Executive which provided results from the Citizens’ Panel 2013 Performance and Attitudes Survey.

During a summary of the report, it was confirmed that the results from the survey had been generally very positive and activity had already been planned to help sustain this positive feedback, along with recommended new actions which would help to improve some of the lower scores over time. Specifically, 1151 responses had been received from the Panel of 2300 adults, including 410 electronic responses, which represented a 49% response rate and it was considered that this number of responses, along with the sampling method, provided good validity in the results.

In this regard, the key findings and follow up actions had been highlighted within the report, along with proposed improvements to the survey and the reporting process.

It was also proposed that two of the actions which had been included within Paragraph 3.3 of the report should be deferred meantime to allow a fuller report to a future meeting, namely the action on how to support the digital inclusion of older, people with disabilities and Council tenants better and the action to update the Programme with a commitment with others to improve voter turnout at Elections and to highlight the work underway through the Community Safety, Public Engagement and Equalities Committee.

During discussion, Members raised the following issues:-

• thanks should be conveyed to staff across all Council Services for the work undertaken and in terms of performance as evidenced within the report; 
• there was a need for continual improvement to be undertaken as a matter of course in order to avoid complacency;
• further consideration should be given to the composition of the Citizens’ Panel in order to continue to provide a true representation of the Highland population and in particular to reflect the demography of the Highlands, including gender balance, age balance, rural/urban balance, etc;
• in terms of the feedback from young people, and specifically the indication that they were twice as likely to say that it was important for the Council to treat people fairly, it was suggested that this might be because they themselves did not feel that their needs were being taken into consideration;
• whilst public meetings could encourage participation, it was felt that this was not always the best way to gain feedback and that alternatives should be considered wherever possible;
• the continuous improvement of the survey process was welcomed and in this regard it was encouraging to learn of future plans for the involvement of partners;
• there was a need to ensure that the survey process did not become too cumbersome or complicated as this could affect participation;
• the proposals for the redevelopment of the Council Website were very encouraging; and
• it was especially important that efforts were made to encourage participation in the survey process by social housing tenants in future.

Decision

The Council NOTED the key findings and summary report of the feedback from the Citizens’ Panel from the current year’s survey which highlighted a strong set of positive results.

The Council AGREED the follow up action to communicate the results widely and the specific actions set out in Paragraph 3.3 of the report – with the exception of the following two actions which were deferred meantime to allow a fuller report to a future meeting –

• to identify how to support the digital inclusion of older people, people with disabilities and Council tenants better; and
• to update the Programme with a commitment to work with others to improve voter turnout at Elections (given the need to improve perception on representing people’s views and the Council’s organisational value of valuing others) and also to highlight the work underway through the CPE Committee. 

The Council also AGREED the actions proposed in Section 5 of the report to continuously improve the survey process.

16.  Amendment to Approved Duties – Members
Atharrachadh do Dhleastanasan Aontaichte – Buill

There had been circulated Joint Report No. HC-37-13 (510kb pdf) dated 23 August 2013 by the Assistant Chief Executive and Director of Finance which confirmed that Members had the right to claim expenses when carrying out ‘approved duties’.

However, recent changes to Committee structures and the introduction of new ways of working now meant that the Council needed to make changes to the list of ‘approved duties’ and these had been highlighted within the report.

During a summary of the report, it was highlighted that the Vice Conveners of the Council and the Leader of the Opposition should also have been included within the list of Office Bearers.

Decision

The Council AGREED changes to the list of ‘approved duties’ as follows:-

(i) Attendance at a meeting of the Council or any of its Committees, whether
    the Councillor was a Member of the Committee or not. However, in the case
    of Planning Application Committees or Area Committees, this would only apply
    to Councillors (with the exception of Office Bearers) within the relevant Wards;
(ii) Attendance at a meeting of a Sub Committee of the Council by Members of
    that Sub Committee (or Substitute Members where they were attending in
    place of Substantive Members). Attendance at a meeting of a Working Group
    by Members of that Working Group; and
(iii) Attendance by Office Bearers to Council Offices or establishments where the
   visit was relevant to the Member’s duties. Attendance by other Members
   should be restricted to meeting days or visits where prior appointments had
   been arranged with Officials.

It was also AGREED that the list of ‘Office Bearers’ should include the Vice Conveners of the Council and the Leader of the Opposition.

17.  Corporate Governance - Local Member Votes
Bhòtaichean nam Ball Ionadail – Comataidhean Dealbhaidh agus Ceadachd

There had been circulated Joint Report No. HC-38-13 (477kb pdf) dated 24 August 2013 by the Assistant Chief Executive and the Director of Planning & Development which confirmed that, at the last meeting of the Council on 27 June 2013, it had been agreed to defer consideration of the recommendation to dispense with the ability of Members to use a Local Member Vote on planning and licensing applications and to explore the appropriateness of having a named Substitute from each Ward as an alternative.

During a summary of the report, it was confirmed that, given that Local Member Vote arrangements were also in place for the Licensing Committee and Planning, Environment and Development Committee, the opportunity had also been taken to consider whether these arrangements should also continue.

In this regard, it was advised that experience elsewhere in Scotland demonstrated that Local Members did not have the right to vote on planning application matters if they were not formal members of a Planning Application Committee. Whilst the Local Member Vote enabled a non-member of a Committee to take part in the determination of an application pertaining to their Ward, there were concerns that non-members applying for such a vote might already have made up their minds or it might be perceived that they had made up their minds in advance of a decision and they would therefore be at risk of breaching the Councillors’ Code of Conduct.

As such, the report set out the background to the Local Member Vote issue and the different ways in which Local Members could contribute to planning matters, as well as the proposed approach for Substitute Members and the amendments which would be required to Standing Orders to reflect any changes.

During discussion, Members raised the following issues:-

• the obligation for Members who sat on Planning Application Committees was to ensure justice, administer planning law and make decisions in the light of policies which had been democratically agreed by the Council with no regard for who the applicant was, where they came from or who they knew and in this respect the application of a Local Member Vote could make this very difficult as it had the effect of adding additional Members to a regulatory Committee; 
• no other Council in Scotland allowed the application of Local Member Votes and it should be recognised that there had been reasons for that position having been taken by them all;
• the removal of the Local Member Vote was not a politically easy option for the Council but it was the correct course of action;
• whilst it was acknowledged that other Councils did not allow Local Members Votes, this was not a reason for their removal in Highland as it was felt that they had always been used appropriately;
• constituents across the Highlands expected Members to take part in decisions on the Planning and Licensing Committees and as such the current arrangements should be continued;
• concerns that non-Members applying for a Local Member Vote might already have made up their minds (or were perceived as having made up their minds) in advance of a decision being taken were considered by a number of Members to be unfounded and not representative of the current position;
• there was a need for further clarity on future speaking rights at Planning and Licensing meetings as it was not feasible to expect Chairs of Committees to have the responsibility of having to continually and consistently determine or speculate on the integrity of contributions;
• the Local Member Vote was an important part of the democratic system in the Highlands and therefore should be continued;
• the provision of local knowledge at meetings was vitally important, especially in regard to larger Wards, and this is where the Local Member Vote was especially important;
• there had been instances where it had been considered that the Local Member Vote had not been applied in line with previously agreed Council policies and this was not acceptable. As such, the suggested alternative within the report for the introduction of Substitute Members  represented a more satisfactory way forward;
• in terms of the arrangements for the attendance of Substitute Members at meetings, the current proposal within the report for notification of attendance should be amended to require such notification to be made at least 3 clear working days before the meeting (as opposed to 1 week in advance as had been suggested);
• it was possible for Member to impart local knowledge as and when required without the need to have a Local Member Vote;
• through the recommendations within the report, every Ward within the Council would still retain the current arrangements for 1 or 2 Members to be represented on the Planning Application Committees and this would also allow the provision of local knowledge as and when necessary;
• under the proposed new arrangements, non-Members of Planning Application Committees could still attend meetings if they so wished; and
• balanced, clear and transparent decisions on planning issues in line with agreed Council policies was vital in terms of the public perception of how the Council conducted its business.

Thereafter, Dr D Alston, seconded by Mr T Prag, MOVED the recommendations within the report – with the proviso that the notification arrangements for the attendance of Substitute Members should be changed from advance notice of 1 week to advance notice of at least 3 clear working days.

As an AMENDMENT, Mrs I McCallum, seconded by Mr B Fernie, moved that the Council should retain the ability for Members to have a Local Member Vote on Planning Application Committees, the Planning, Environment and Development Committee and the Licensing Committee.

On a vote being taken, the MOTION received 41 votes and the AMENDMENT received 27 votes with no abstentions and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:

Alston, D; Baxter, A; Brown, I; Caddick, C; Christie, A; Clark, B; Cockburn, I; Duffy, A; Fallows, D; Fernie, B; Ford, J; Fraser, C; Gowans, K; Graham, A; Gray, J; Hendry, D; Laird, R; Lobban, B; Macaulay, C; MacDonald, L; Mackay, D (W5); MacKenzie, G; MacLean, A; MacLennan, T; MacLeod, A; MacLeod, K; McAllister, E; Munro, L; Murphy, B; Parr, F; Phillips, G; Prag, T; Renwick, I; Rimell, G; Ross, G (W3); Saxon, R; Slater, J; Smith, M; Stephen, K; Stone, J; Wood, H

For the Amendment:

Bremner, D; Campbell, I; Campbell, J; Carmichael, H; Coghill, G; Crawford, J; Davidson, M; Douglas, J; Finlayson, M; Fraser, H; Fraser, L; Green, M; Henderson, A; Hunter, E; Kerr, D; Mackay, D (W2); MacKay, W; Mackinnon, A; McCallum, I; McGillivray, J; Morrison, H; Paterson, M; Rattray, M; Robertson, F; Ross, G (W14); Sinclair, A; Wilson, C

Decision

The Council AGREED:-

(i) to dispense with the ability for Members to use a Local Member Vote on
    Planning Application Committees with effect from 30 September 2013;
(ii) to amend the Scheme of Delegation to enable the nomination of 1 Substitute
    Member from each Ward to act as a Substitute Member for each Planning
    Application Committee; and
(iii) to dispense with the Local Member Vote arrangements for the Licensing
    Committee and the Planning, Environment and Development Committee with
    effect from 30 September 2013.

The Council also AGREED that notification of the attendance of a named Substitute Member should be given to the Assistant Chief Executive at least 3 clear working days in advance of the meeting date.

18.  Highland Liquor Licensing Forum
Fòram Ceadachd na Gàidhealtachd

There had been circulated Report No. HC-39-13 (484kb pdf) dated 2 July 2013 by the Assistant Chief Executive which set out the establishment of the Highland Liquor Licensing Forum and recommended approval of proposed amendments.

In this regard, it was confirmed that the general function of the Licensing Forum was to keep under review the operation of the Licensing Act and in particular the exercise by the Licensing Board of their functions. In addition, the Forum could give advice and make recommendations to the Licensing Board although it was not permitted to give advice or make recommendations on individual cases.

During discussion, it was confirmed that the Licensing Forum had been extremely helpful in feeding into policy consultation, with their thoughts and knowledge having been invaluable to the Highland Licensing Board, and the Council looked forward to continuing this positive and productive working relationship in future.

Decision

The Council NOTED the establishment of the Highland Liquor Licensing Forum which would meet at least four times per year in Inverness.   

The Council also AGREED:-

(i) that authority be delegated to the Head of Legal and Democratic Services to
    appoint and re-appoint Forum members in future whilst taking into account
    the terms of the legislation and the views of the Forum;
(ii) that Forum members should be appointed for a fixed term expiring at the
    next Local Government Election with retiring Forum members being eligible for
    re-appointment;
(iii) that Forum members who attended meetings as residents or as licence
    holders should be entitled to claim travel expenses at the nationally agreed
    rates for Councillors in carrying out their duties as Forum members on the
    understanding that claims would only be met on production of receipts; and
(iv) that authority be delegated to the Head of Legal & Democratic Services to
    work with Forum members to review and revise the Code of Conduct for
    Forum members.

19.  Standing Orders Relating to the Conduct of Meetings
Gnath-riaghailtean co-cheangailte ri GiulanChoinneamhan

There had been circulated Report No. HC-40-13 (465kb pdf) dated 21 August 2013 by the Assistant Chief Executive which outlined amendments to the Council’s Standing Orders as part of the annual review.

In this regard, it was confirmed that annual review of Standing Orders was a requirement of the Council’s Code of Corporate Governance.

During discussion, it was suggested that, in addition to the proposals within  the report, a further amendment should be made to stipulate that all future votes at Area Committee meetings should be taken by calling the roll.

Decision

The Council AGREED the proposed amendments to Standing Orders as detailed on the basis that an amended copy would be circulated to all Members in due course.

It was also AGREED that the relevant Standing Orders should be amended to stipulate that all future votes at Area Committee meetings should be undertaken by calling the roll.

20.  Scheme of Delegation and Administration to Strategic Committees and Sub Committees and to Officers
Raòn Ùghdarrais agus Rianachd gu Comataidhean Ro-innleachdail agus
Fo-chomataidhean agus gu Oifigearan

There had been circulated Report No. HC-41-13 (40kb pdf) dated 23 August 2013 by the Assistant Chief Executive which outlined amendments to the Scheme of Delegation and Administration to Strategic Committees and Sub Committees and to Officers.

In this regard, it was confirmed that annual review of the Scheme of Delegation was a requirement of the Council’s Code of Corporate Governance.

Decision

The Council AGREED the proposed amendments to the Scheme of Delegation as detailed on the basis that an amended copy would be circulated to all Members in due course.

21.  Deeds Executed
Gnìomhan a Choileanadh

It was NOTED that the List of Deeds (32kb pdf) and other documents executed on behalf of the Council since the meeting held on 27 June 2013 was available in the Members’ Library and on the Council’s Website.

The meeting ended at 3.25 pm.