Agendas, reports and minutes

Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 8 May 2014 at 10.35 am.

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

Present:

Dr D Alston, Mr R Balfour, Mrs J Barclay, Mr A Baxter, Mr I Brown, Mrs C Caddick, Mrs I Campbell, Miss J Campbell, Mrs H Carmichael, Mr A Christie, Mr B Clark, Mrs G Coghill, Mr J Crawford, 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 J Gordon, Mr B Gormley, Mr K Gowans, Mr A Graham, Mr J Gray, Mr M Green, Mr R Greene, Mr A Henderson, Mr D Hendry, 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 K MacLeod, Mrs B McAllister, Mrs I McCallum, Mr D Millar, Ms L Munro, Mr B Murphy, Mr F Parr, Mrs M Paterson, Mr G Phillips, Mr T Prag, Mr M Rattray, Mr M Reiss, Mr I Renwick, Mr A Rhind, Mr G Rimell, Mrs F Robertson, Mr J Rosie, Ms G Ross, Mr G Ross, Mr R Saxon, Dr A Sinclair, Mrs J Slater, Ms M Smith, Ms K Stephen, Mr J Stone, Mr B Thompson, Mrs C Wilson, Mr H Wood

In Attendance:

Chief Executive
Depute Chief Executive & Director of Corporate Development
Director of Education, Culture and Sport
Director of Development&Infrastructure  Director of Care and Learning
Director of Finance
Director of Community Services
Acting Head of Community and Democratic Engagement

Mr J Gray in the Chair

Apologies for absence were intimated on behalf of Mr D Bremner, Dr I Cockburn, Mr D Kerr, Mrs M Davidson, Mr N MacDonald, Mr H Morrison and Mrs G Sinclair.

Preliminaries

Prior to the commencement of the formal business, the Convener made reference to a Statement by the Chief Executive which had been tabled and which provided information on the current position in relation to the SSE power outage of 16 April 2014 which began at around 8.36pm. In this regard, it was advised that at its peak the outage had affected some 205,000 properties across the Highland mainland, Western Isles, Orkney and Moray. Power had been fully restored across the region by 12.30am and since the incident SSE Power Distribution had appointed a task force to examine in detail the cause of the outage in order to prevent a recurrence of the same problem in the future. The conclusions of the task force would be made known once the investigation had been completed.

In this respect, it was confirmed that a further update would be provided for Members by the Chief Executive in due course if he considered that it was necessary.

The position was NOTED.

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:-

Item 3 – Mr A Graham (financial)
Item 12 – Mr A Duffy, Mr K Gowans, Ms J Douglas, Mr F Parr, Mr H Wood, Mr D Millar, Mrs H Carmichael and Mr J Gray (all non-financial)
Item 13 – Mr B Murphy (financial), Mr K Gowans, Ms J Douglas, Mr F Parr and Mr D Millar (all non-financial)
Item 15 – Mr A Christie (non-financial)
Item 16 – Mr I Brown (financial) and Dr D Alston (non-financial)

3.  Presentation – Gaelic Language Plan
Taisbeanadh – Plana na Gàidhlig

Declaration of Interest -

Mr A Graham declared a financial interest in this item on the grounds of being an employee of Bòrd na Gàidhlig and left the Chamber during discussion of the item.

The Council was reminded that it had agreed its second generation Gaelic Language Plan 2012-2016 on 5 April 2012 and that this had been followed by statutory approval by Bòrd na Gàidhlig on 18 September.

An annual update on progress and implementation of the Plan was required and in this regard Mr John Angus MacKay, Chief Executive of Bòrd na Gàidhlig, undertook a presentation on the Bord’s assessment of the Council’s progress as set out in the first annual review.

As well as illustrating the importance of the role played by the Council in Gaelic development in the past, Mr MacKay expressed his confidence that the Council would continue to play a significant role in sustaining the future for Gaelic in Highland. His own organisation had forged excellent relationships at all levels within the Council and this had underpinned the promotion of Gaelic, particularly through the Education, Culture and Sport Service, and as such he commended the work that the Council was engaged in through the second generation Gaelic Language Plan.

Further detailed information was also provided on the National Gaelic Language Plan 2017-22 which would be founded on six key development areas - Home & Early Years, Education, Communities, Workplace, Arts & Media, Heritage & Tourism and Corpus Planning – and it was noted that the Council was currently engaged with Bòrd na Gàidhlig in all of these areas.

During discussion, Members raised the following issues:-

• partnership working with Bòrd na Gàidhlig and other outside bodies had been crucial in achieving developments over recent years and would continue to be vital in progressing the second Gaelic Language Plan;
• the work of the Council’s staff was commended in relation to developing the Plan and in this regard it was essential that this was reflected in the new Council Structure, Committees and Services;
• evidence appeared to suggest that some parents were hesitant in sending their children to a Gaelic Unit if they themselves were not Gaelic speakers and there was therefore a need for marketing opportunities to be identified to promote Gaelic Units and to investigate whether there were any language courses for parents which could be promoted on an annual basis;
• there was a need to highlight the importance of Gaelic in education, particularly in pre-school and primary schools;
• there was evidence that many children in Gaelic medium education came from other cultures and this was welcomed;
• the opportunities to learn Gaelic were now far greater than in the past and it was important to ensure that children could continue to develop this through secondary school. As such, the recruitment of teachers was of vital importance and there was a need to take steps nationally to increase the numbers of Gaelic Medium teachers;
• the Council’s Gaelic Language Plan listed the benefits of Gaelic for economic growth and this was reflected in the Programme for the Council, in particular for the remote and rural areas of north and west Sutherland. It should therefore be a priority to highlight the benefits of Gaelic at all times and to trace the positive outcomes for Gaelic learners when they left school;
• the Council had a Memorandum of Understanding with Cape Breton, Nova Scotia and there was a need to highlight the importance of this link, as well as the importance of Bòrd na Gàidhlig seeking to develop any other links to take forward their strategy;
• there was an on-going survey in relation to public attitudes and the acceptance of Gaelic and this would indicate any change as a result of Gaelic medium education which would be helpful;
• the style of learning Gaelic did not follow the same pattern as for other languages and it was suggested that it might be of help to use a similar structure of tuition for adult learners; and
• it was unclear what opportunities there were for incorporating spoken Gaelic through the internet to make the language parallel to English in everyday use and there was therefore a need for the combined efforts of all involved to investigate this and take it forward if possible.

Thereafter, the Convener, on behalf of the Council, thanked Mr Mackay for his extremely informative and detailed presentation and looked forward to continued close working with Bòrd na Gàidhlig to achieve the aspirations of both the National Plan for Gaelic and the Council’s second Gaelic Language Plan.

4.  By-Election – Ward 12 (Caol and Mallaig)
Fo-thaghadh – Uàrd 12 (An Caol agus Malaig)

It was NOTED that, at the By-Election held on 1 May 2014, Mr Ben Thompson, 2 Erracht, Banavie, Fort William had been elected for Ward 12 (Caol and Mallaig).

5.  Confirmation of Minutes
Daingneachadh a’ Ghearr-chunntais

There had been submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 13 March 2014 as contained in the Volume which had been circulated separately - which were APPROVED.

6.  Minutes of Meetings of Committees
Gearr-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 Volume circulated separately as undernoted:-

Nairn, Badenoch & Strathspey Area Committee, 19 March
Community Safety, Public Engagement and Equalities Committee, 26 March
Audit & Scrutiny Committee, 27 March
Skye, Ross & Cromarty Area Committee, 30 April

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

Nairn, Badenoch & Strathspey Area Committee, 19 March

*Starred Item* Page 31: Item 6: Partnership Agreement: Cairngorm Mountain Estate and Glenmore Forest Park

The Council AGREED the approval and signing of the draft Partnership Agreement subject to a Communications Plan with the community, partners and the Nairn and Badenoch and Strathspey Area Committee being considered by the Partnership and progress being reported back to the Area Committee in due course.

Community Safety, Public Engagement and Equalities Committee, 26 March

*Starred Item* Page 45: Police Reports: The Draft Highland Local Policing Plan 2014-17

It was AGREED to lend the Council’s full support to the cross-party agreement of the Scottish Parliament to introduce Graduated Driver Licensing for new drivers in Scotland and to call on the Westminster Government to recognise the weight of public opinion behind this initiative.

*Starred Item* Page 49: Fire and Rescue Service Reports: Draft Highland Local Fire and Rescue Plan

The Council AGREED the improvements required for approval to be given to the Local Fire and Rescue Plan as set out in Section 3 of the report.

Skye, Ross and Cromarty Area Committee, 30 April

*Starred Item* Pages 4-5: Rural Poverty

It was AGREED that all future Council/Committee reports should include an Implications category evidencing that an assessment of the impact on rural areas had been undertaken.

7.  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 Highland and Western Isles Valuation Joint Board held on 23 January 2014 - which were NOTED.

8.  Customer Services Board
Bòrd Sheirbheisean Luchd-ceannaich

There had been circulated for information Minutes of Meeting of the Customer Services Board held on 24 April 2014 - which were NOTED - subject to the following correction:-

Item 6 – Recommendation (v) – wording to be amended to read as follows – “(d) the aforesaid Inverness and Inner Moray Firth grouping be divided into two groups – Hilton, Fort Augustus & Ardersier and Muir of Ord, Invergordon & Fortrose”. 

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

It was NOTED that, following the result of the By-Election for Ward 12 (Caol and Mallaig), the political make-up of the Council was now as follows:-

Ind (34) SNP (21) Lib Dem (14) Lab (8) Ind Nat (1) Non Aligned (2)

It was also NOTED that the formula in respect of the number of places on Strategic remained unchanged at 10/6/4/2.

The Council also AGREED the revised Committee membership lists which had been tabled at the meeting.

Thereafter, the Leader of the Council, seconded by the Depute Leader, moved the following –  

• Chair of the Resources Committee – Ms Maxine Smith to be appointed.
• Chair of the Community Services Committee – Mr Graham MacKenzie to be appointed.
• Vice Chair of the Education, Children and Adult Services Committee – Ms Gail Ross to be appointed.

The Council AGREED accordingly.

10.   Question Time
Àm Ceiste

The following Questions had been received by the Depute Chief Executive/Director of Corporate Development in terms of Standing Order 42 –

(i) Mrs M Davidson

To the Chair of the Resources Committee

“When will Highland Council have a clear asset disposal policy to use when communities approach the Council to lease or buy a building?”

The response had been circulated.

There was no supplementary question.

(ii) Mrs M Davidson

To the Leader of the Council

“My supplementary question to you at the last Highland Council was ‘whether you would circulate to all Members a list of what campaigning issues the Council was currently working on’. Can we have a list of current priority campaigning issues and regular updates on progress?”

The response had been circulated.

There was no supplementary question.

(iii) Mr A Baxter

To the Leader of the Council

“What meetings have you had with Scottish or UK Government Ministers to discuss Highland Council issues since 1st November 2013 and will you outline the substantive issues covered?”

The response had been circulated.

In terms of a supplementary question, Mr Baxter queried as to why there had been no reference in the response to discussions with the Transport Minister regarding a long term solution to a permanent crossing of the Corran narrows which had been requested by the Lochaber Area Committee at its last meeting and which all Community Councils along the peninsula had expressed a desire to attend.

In response, the Leader of the Council advised that he had already sought a meeting with the Transport Minister and would confirm when a date for the meeting had been set.

(iv) Mr A Baxter

To the Chair of the Resources Committee

“What meetings have you had with Scottish or UK Government Ministers to discuss Highland Council issues since 1st November 2013 and will you outline the substantive issues covered?”

The response had been circulated.

There was no supplementary question.

(v) Mr A Baxter

To the Chair of the Community Services Committee

“What meetings have you had with Scottish or UK Government Ministers to discuss Highland Council issues since 1st November 2013 and will you outline the substantive issues covered?”

The response had been circulated.

In terms of a supplementary question, and with reference to the Fort William Link Road which was now in the Council’s Capital Programme but which would require Scottish Government support for it to proceed further, Mr Baxter queried as to when the Chair of the Community Services Committee had asked the Scottish Government for advice and support in progressing the matter.

In response, the Chair of the Community Services Committee confirmed that the Fort William Link Road had been discussed with Transport Scotland at quarterly meetings and would remain on agendas for these meetings for the foreseeable future.

(vi) Mr A Baxter

To the Chair of the Education, Children and Adult Services Committee

“What meetings have you had with Scottish or UK Government Ministers to discuss Highland Council issues since 1st November 2013 and will you outline the substantive issues covered?”

The response had been circulated.

There was no supplementary question.

(vii) Mr A Baxter

To the Chair of the Planning, Development and Infrastructure Committee

“What meetings have you had with Scottish or UK Government Ministers to discuss Highland Council issues since 1st November 2013 and will you outline the substantive issues covered?”

The response had been circulated.

There was no supplementary question.

(viii) Mr A Baxter

To the Chair of the Community Services Committee

“At the Special Meeting of Highland Council on 7th February 2013, Members agreed that the Strategic Change and Development Fund would welcome bids up to a total of £1 million for road maintenance and repairs.  Can you confirm and explain the subsequent decision to instruct each Area Roads and Community Works Manager to hold back £200k each from their overall Roads Maintenance allocation in 2013/14?”

The response had been circulated.

In terms of a supplementary question, Mr Baxter queried as to when the Chair of the Community Services Committee had known of this subsequent decision and why neither Members of the Strategic Committee or the full Council had been informed.

In response, the Chair of the Community Services Committee confirmed that he had not had any discussion with Officials on this subsequent decision.

Decision

The Council NOTED the position.

11.  Notice of Motion
Brath Glusaid

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

“Highland Council condemns the recent illegal killing of fourteen red kites and six buzzards on the Black Isle both as wrong in itself and as an act with potential to reduce the economic benefits that wildlife tourism brings to the Highlands.

The Council urges anyone with relevant information to contact Police Scotland; welcomes the actions of Scottish Land & Estates and of NFU Scotland in supporting attempts to identify the culprit(s); and commits itself to continuing to work with Community Planning Partners, through the Highland Environment Forum, to reinvigorate the fight against all wildlife crime in the Highlands.”

Signed: David Alston (Leader, Lib Dem Group), Alasdair Christie (Deputy Leader Lib Dem Group), Drew Hendry (Leader, SNP Group), Richard Laird (Deputy Leader, SNP Group), Jimmy Gray (Leader, Labour Group), Deirdre Mackay (Deputy Leader, Labour Group), Carolyn Wilson (Leader, Independent Group), Jaci Douglas (Deputy Leader, Independent Group) and Carolyn Caddick (Highland Council Red Kite Champion).

During discussion, Members raised the following issues:-  

• it was now known that 22 raptors on the Black Isle had died from poisoning, as well as 16 red kites and 6 buzzards, and Members of the Council were urged to unite in expressing disgust; 
• these events had had a detrimental impact on the reputation of the Highlands and there was a need for all agencies and communities to join together in condemnation; 
• the Scottish Government had set out a very clear message that wildlife crime would not be tolerated and had enacted new legislation, reviewed financial penalties and put in place additional measures as a deterrent. In this regard, it was suggested that a report should be provided for Members to highlight any potential concerns regarding Police resources to tackle such crimes over the vast Highland area so that more support could be provided if necessary;
• the Scottish Government had also launched a public consultation on increasing the powers of the SSPCA to investigate a wider suite of wildlife crimes and it was suggested that the Council should contribute and lend support;
• the Council should challenge the minority culture where such crimes were considered acceptable;
• meetings had been held with local farmers who had been assured of the Council’s full support and it was hoped that there could ultimately be a positive outcome;
• there was a need for Local Members to be fully engaged in this matter, particularly in terms of the importance for their Wards; and
• there was a need for further information to be provided when available in terms of what had actually happened in each case.

Decision

The Council AGREED the terms of the Notice of Motion as detailed.

12.  An Overview of Local Government in Scotland 2014
A’ Freagairt ri Dùbhlain agus Atharrachaidhean: Sealladh Coitcheann air Riaghaltas Ionadail ann an Alba 2014

Declarations of Interest –

Mr A Duffy, Mr H Wood, Mrs H Carmichael and Mr J Gray declared non-financial interests in this item on the grounds of being Board Members of Inverness Leisure 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.

Ms J Douglas, Mr F Parr, Mr D Millar and Mr K Gowans declared non-financial interests in this item on the grounds of being Directors of High Life Highland 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.

There had been circulated Report No. HC/1/14 dated 23 April 2014 by the Chief Executive which confirmed that each year Audit Scotland produced a report to provide an overview of Local Government in Scotland. In this regard, the report highlighted the main themes of the Audit Scotland report and suggested action points for Elected Members.

During a summary of the report, it was confirmed that in the current year the focus was on the need to maintain a good understanding of the rapidly changing economic, social and political context and the crucial role of Councillors. Continuing pressures on finances and services were identified as the main challenges for Local Government in 2014 and those highlighted included a growing population, the impact of welfare reform, economic pressures, implementing national and local priorities and local pressures.

In addition, Audit Scotland had considered how Local Government was responding, and needed to respond, to the following three areas which had been detailed within their report - Understanding the Changing Context and the crucial role of Councillors, Meeting User Demands and the Financial Challenges and Providing Strong Leadership and Governance to support change.

During discussion, Members raised the following issues:-

• there was a need for all Members to read this document if they had not already done so in order to fully understand what was currently happening in the wider landscape of the public sector in Scotland and to appreciate what was currently being done and what still needed to be done over the coming years;
• in regard to the gap in the Revenue Budget, it was vital that all Members understood the challenges which would be faced in maintaining fixed assets, such as roads;
• the changing demographics in Scotland would have a significant effect on the demand for services in the future, most particularly in terms of social care, additional support needs and housing;
• the effect of welfare reform on the services which the Council had to provide could not be underestimated;
• the Housing Bill, the Procurement Reform Bill and the Community Engagement and Empowerment Bill would all have an effect on Council services in future and this had to be recognised;
• it was imperative that the Council continued to fully engage with community planning partners, particularly in terms of delivery of the Single Outcome Agreement;
• the adoption of the Administration/Opposition model of scrutiny by the Council had worked well and had delivered both effective leadership and robust scrutiny;
• in terms of the action points for Elected Members, there was a need for all Members to be proactive in addressing their own personal checklists but it was also imperative that the whole Council worked together when required;
• it was very important that all Members completed Personal Development Plans to ensure that their future training and development requirements were understood and delivered through the Member Development Programme and in this regard it was suggested that training undertaken by Members and the reasons for non-attendance should perhaps be published on the Council Website;
• in terms of demands and financial challenges, and specifically one of Audit Scotland’s key points that Members required good information to support decision making, reference was made to an earlier discussion in the meeting whereby it had been stated that the Chair of a Committee had not been aware of or consulted on a change to funding previously agreed by the Council. In this regard, it was stressed that it was vital that Members received appropriate information through the Council and Committee meeting process to enable proper scrutiny to be undertaken at all times;
• there was a need to compare performance against other Councils wherever possible and to make this information available to Members; and
• consideration should be given to reinstating the Budget Information Group which would allow budget information to be made available more widely to Members.

Decision

Having considered the Audit Scotland report, including the actions and challenges, the Council NOTED the response.

The Council also AGREED that the action points should be used for self- assessment as part of personal development planning and to highlight priorities for Officers.

13.  External Scrutiny: Assurance and Improvement Plan Update 2014-17
Sgrùdadh bhon Taobh A-muigh: Fios Às Ùr mu Phlana Barantais agus Leasachaidh 2014-17

Declarations of Interest –

Mr B Murphy declared a financial interest in this item on the grounds of being a provider of homeless accommodation and left the Chamber during discussion of the item.

Mr K Gowans, Ms J Douglas, Mr F Parr and Mr D Millar declared non-financial interests in this item on the grounds of being Directors of High Life Highland 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.

There had been circulated Report No. HC/2/14 dated 11 April 2014 by the Chief Executive which confirmed that the annual update of the Assurance and Improvement Plan 2014-17 for the Council had been produced by Audit Scotland, drawing on the assessment by four external scrutiny bodies, and showed that no additional scrutiny was required.

In this regard, it was noted that Mr S Boyle, Assistant Director, Audit Scotland, was in attendance at the meeting.

During a summary of the report by Mr Boyle and the Chief Executive, it was confirmed that the AIP had noted that the Council had received positive feedback from the Scottish Government on the development of the Highland 2013-16 Single Outcome Agreement, had received a positive report on the recent inspection of Children’s Services with a number of strengths identified, had been recognised as delivering national good practice in the approach to local scrutiny of Police and Fire Services and in developing Councillors in their role, had achieved continuous improvements in delivery of the Benefits Service, had effective governance arrangements in place, had achieved positive results in the annual Performance and Attitudes Survey, had developed a five year plan to address the current financial challenges, had shown a steady increase in performance in Procurement Capability Assessment scores, had exceeded targets for efficiency savings, demonstrated a positive and improving picture on school educational attainment, had brought about many positive changes through the Corporate Improvement Programme and had made a clear improvement in the quality of Public Performance Reporting.

Whilst no further scrutiny was required, there had been some areas identified as requiring on-going monitoring by the relevant scrutiny body, namely homelessness (outcome of performance inquiry), criminal justice social work (action arising from supported self-evaluation of the implementation of the assessment and case planning instrument LS/CMI if required), self-evaluation in primary and secondary schools (identified improvement area) and community learning and development (identified improvement area).

During discussion, Members raised the following issues:-

• whilst welcoming the positive comments within the report, reference was made to the area of community learning and development and it was stressed that it was vital for the Council to look at this area and target what was done for the most vulnerable communities who were in the greatest need of support. In this regard, assurance was required that if a Highland Council plan was developed which clearly specified where activity would be focused, the Council would be judged against that plan, with any inspection taking that into account when looking at individual associated school groups;
• it was important that inspections added value and helped the Council to move forward;
• in regard to Social Care services, and in particular adult services (now provided by NHS Highland) which had been highlighted for further scrutiny, there was a need for Audit Scotland to take into account the specific challenges faced in providing social care in remote and rural areas when providing scrutiny for these services as it would be unfair to compare this with other Councils in the Central Belt;
• it was particularly important to ensure that the internal scrutiny currently undertaken by the Council continued to be as robust and effective as possible in order to reduce the need for any external scrutiny by other bodies;
• in terms of self-evaluation arrangements in primary and secondary schools,  there was a need for an increase in the number of supply teachers, particularly in the smaller schools across the Highlands;
• it had to be recognised that working with partners was crucial in terms of the provision and delivery of services across the area; and
• this report was crucial and fundamental to the running of the Council, particularly in terms of evidencing performance and identifying issues for further scrutiny.

Decision

The Council NOTED:-

(i) the Assurance and Improvement Plan attached as Appendix 1 to the report which highlighted that no additional scrutiny of the Council was required for 2014-17;

(ii) the positive comments made about the Council’s Single Outcome Agreement development, scrutiny arrangements, children’s services, corporate improvement programme, financial planning, performance results and public performance reporting; and

(iii) the areas where monitoring was planned (homelessness, criminal justice services, self-evaluation in primary and secondary schools and community learning and development) and that there were five areas of scheduled audit and inspection activity identified for 2014, including those contributing to national audit reports.

14.  Budget Consultation
Co-chomhairleachadh Buidseit

There had been circulated Report No. HC/3/14 dated 29 April 2014 by the Chief Executive which set out a proposed approach to consulting on budget savings proposals, taking into account the experience of earlier budget consultation in 2010 and 2012 and the pre-Referendum period when public engagement by the Council would be constrained.

During a summary of the report, it was suggested that consultation on the budget from April 2015 onwards should took place over two stages in the current year.

The first stage would run during May and June and would involve wide public consultation on budget themes and some more detailed proposals, including consultation on the Customer Services Review and the provision of an opportunity to promote the Community Challenge Fund. It was also envisaged that there could be scope for gathering views on the new LEADER Programme in rural communities.

The second stage would run from mid-September to early November and would be developed largely from the consultation responses from stage one and would have a greater focus on specific proposals with detailed projections of savings and impacts.

It was advised that specific consultation questions were currently being drafted and it was considered that this timing should allow for firm budget proposals to be considered by Members from December 2014 onwards. In this regard, budget consultation themes were likely to be around what services should be provided and by whom, how the Council should provide services, how the Council could organise service provision (including Service Points) in the future to deliver efficiency savings, whether the Council could provide less of some services or stop them altogether, what more could be done to generate income to pay for services and how costs could be prevented in future.

Overall, the focus would be on transforming how services were provided as opposed to identifying service reductions and cuts and in this respect it was recognised that contextual information would need to be provided from the outset, including the scale of the budget challenge, the current cost of services, savings already achieved and how the information previously provided by the public had been used.

During discussion, Members raised the following issues:-  

• engagement was paramount and the fullest possible consultation with the public should be carried out in terms of budget proposals;
• the detailed proposals within the report represented the most intensive consultation to be carried out by the Council to date;
• thanks should be conveyed to those members of the public who had already participated in the Citizens’ Panel and provided feedback which had been invaluable to the Council in the decisions made on the budget in previous years;
• the suggestions for focus groups and targeted consultation were particularly interesting and helpful and it was important that feedback from the Council in each case was provided;
• it was vital that throughout the consultation process the public were advised of and understood the implications of any suggestions in relation to the budget and how such suggestions could impact at a local level;
• it would be helpful if some of the information gained through the budget consultation process could be fed back through Area Committees in order to allow local priorities and concerns to be addressed;
• in terms of the budget consultation exercise, and also the consultation to be undertaken by the Customer Services Board, it was important that appropriate time was allowed for consultation, there should be some community influence on agenda setting wherever possible, there was access to relevant information and support available for participation by local representatives and partners if required;
• it would be helpful if further information could be provided on which particular groups were targeted through the focus group exercise and whether it was the intention to go beyond those groups with identified protected characteristics to those who lived in deprived communities who often made most use of Council services but were least likely to engage;
• it was noted from the report that work was to be undertaken to assess the impact of proposals on equalities groups and on rural communities and it was queried as to whether this was an indication that the Administration was taking a more formal approach to rural proofing policies in line with the Scottish Government and many other Councils;
• individual focus groups from within the Citizens’ Panel could be formed to consider specific issues and this could perhaps allow further exploration of budget issues;
• it was important that throughout the consultation process the Council was honest, open and transparent in regard to the current financial situation which was being faced; and
• there was a need to ensure that the Highland Senior Citizens Network was fully involved in the consultation process, particularly in terms of the demographics of the Highland area.

Decision

The Council:-

(i) AGREED the two stage approach in 2014 for consulting on the budget from 2015 onwards;

(ii) NOTED that the consultation in Stage 1 was more about transforming services rather than reducing services with the consultation themes as described in Paragraph 2.2, enabling the consultation also to gather views on the Customer Services Review (Service Points) and to raise awareness of the Community Challenge Fund; and

(iii) AGREED that a range of methods be used across both stages, as in earlier consultations, with an additional method devised by creating a Communities’ Panel comprising representative community groups to respond to surveys sent also to the Citizens’ Panel and for Stage 2 beginning in mid-September 2014.

15.  Review of the Performance Framework for the Council Programme Working Together for the Highlands 2012-17
Ath-sgrùdadh air Frèam Coileanaidh Chorporra

Declaration of Interest –

Mr A Christie declared a non-financial interest in this item as the General Manager of the Inverness and Badenoch and Strathspey Citizens Advice Bureau 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 his involvement in the discussion.

There had been circulated Report No. HC/4/14 dated 18 April 2014 by the Chief Executive which proposed amendments to the high level actions and indicators for measuring progress with delivering the Council’s Programme “Working Together for the Highlands 2012-17” following previous amendments to the Programme which had been agreed by the Council on 19 December 2013.

During a summary of the report, it was confirmed that an updated performance framework had been submitted as Appendix 1 to the report, with changes having been required where new or amended commitments had required new policy work and performance measures to be agreed in order to monitor progress, the operating context for the Council had changed, the financial context in terms of changing costs or funding levels had changed, agreed actions had been completed and reported and could now be removed or where some indicators had required to be replaced because data was not available or had to be improved.

In this regard, it was advised that all Service Plans would be aligned to the performance framework and would provide more information on Service level activity to support each commitment made in the Programme. In addition, Service Plans would be brought to the Spring and Summer cycles of Strategic Committees to allow performance monitoring by Members and annually to the Council.

During discussion, Members raised the following issues:-  

• thanks should be conveyed to Officers within all Services and at all levels for the work undertaken in delivering the commitments which had been contained in the Council’s Programme;
• there were currently a number of campaigning issues being taken forward and significant progress was being achieved in this regard;
• it was important that the commitments within the Programme were regularly monitored and reviewed in order to make adjustments where necessary over time;
• in terms of working together for caring communities, and specifically proposed changes to actions and indicators, there was a need for further information to be provided on the £3m allocated to preventative spend;
• in relation to working together for better infrastructure, and specifically the proposals to survey and assess a sample of roadside ditches in the Black Isle and Lochaber areas, it was suggested that it would be helpful if this could be expanded to include other areas within the Highlands if possible;
• there was mention in the report that Commitment 1.19 required to be amended to reflect a change in the name of a partner organisation but this had not been included in the appendix to the report;
• the commitment to undertake a review of service delivery to remote and rural communities, identify a sustainable level of support for the provision of services and develop new approaches to service delivery and community resilience was welcomed;
• sustainability of Community Councils in remote and rural areas was an issue which required to be addressed;
• it would be helpful if future reports could be in tabular form in order to allow Members to more easily assess the information being provided;
• the commitment to produce a comprehensive economic recovery and development plan, detailing a strategy for growth, was welcomed;
• the percentage increase in employment in the Cromarty Firth, Scrabster Enterprise area, Ardersier and Kishorn was extremely positive, as was the situation with the major ports across the Highland area; and
• in relation to the strategy for economic recovery in the Highlands, and with specific reference to post code bank lending, it was suggested that consideration should be given to adopting the practice currently used in other countries whereby large organisations in a particular geographic area worked together to collate information in regard to bank lending in their area with a view to identifying banks with a strong history of lending and using such information for the benefit of local communities in future wherever possible.

Decision

The Council AGREED the amended performance framework for the Programme and the amended partner name for Commitment 1.19.

The Council also NOTED that the performance framework would be used to update Service Plans and that these would be brought to Strategic Committees for consideration in Spring/Summer 2014 and that progress with delivering the Programme would be reported in the year through Strategic Committees and annually to the Council.

16.  Integrating Care in the Highlands – Property Arrangements
Ag Amalachadh Cùram sa Ghàidhealtachd – Ullachaidhean Aonta Màil airson Dachannan Cùraim, Ionadan Cùram Latha agus Oifisean anns a Bheil NHS na Gàidhealtachd

Declarations of Interest –

Mr I Brown declared a financial interest in this item as an employee of NHS Highland and left the Chamber during discussion of the item.

Dr D Alston declared a non-financial interest in this item as a member of the NHS Highland Board but, in terms of the dispensation granted by the Standards Commission, remained to participate in the discussion.

There had been circulated Joint Report No. HC/5/14 dated 28 April 2014 by the Depute Chief Executive/Director of Corporate Development, Director of Finance and Director of Development and Infrastructure which advised of the steps taken by Officers to progress the property arrangements made between the Council and NHS Highland as part of the Integrating Care in the Highlands (ICH) Programme.

During a summary of the report, it was confirmed that an interim solution had been agreed which involved NHS Highland occupying the transferring Care Homes, Day Centres and Offices under a short term licence to occupy arrangement until such time as a model for property ownership and management had been developed for the remainder of the five year term of the agreement. In this regard, it had subsequently been agreed that a lease presented the best long term option with maintenance being undertaken by the NHS upon receipt of an annual revenue budget transfer from the Council. Capital works projects would be undertaken by the Council and in this respect the NHS would submit a capital investment programme annually.

It was also advised that, in addition to the 29 properties occupied exclusively by NHS Highland, there were a further 28 properties owned or leased by the Council which since April 2012 had been partially occupied on a full time or part time basis by NHS Highland for the delivery of Adult Services functions. There were also a similar number of Health Centres, GP Surgeries, Hospitals and Offices owned or leased by Scottish Ministers on behalf of NHS Highland where the Council occupied one or more rooms on a full time or part time basis for the purposes of Children’s Services functions. In this regard, delegated authority was sought for the Depute Chief Executive/Director of Corporate Development and the Director of Development and Infrastructure to finalise arrangements with the NHS for the remainder of the term of the current partnership agreement for these properties.

During discussion, and with reference to the complexity of this process, thanks were conveyed to Officers from both the Council and NHS Highland for the work which had been undertaken over recent months.

Decision

The Council:-

(i) NOTED the lease arrangements which had been agreed by the ICH Programme Board;

(ii) AGREED to homologate the decision of the Depute Chief Executive/ Director of Corporate Development, Director of Finance and the Director of Development and Infrastructure, in consultation with the Chairs of the relevant Committees, to enter into a binding agreement to lease to NHS Highland the Care Homes, Day Centres and Offices occupied by NHS Highland under the Partnership Agreement; and

(iii) AGREED to delegate authority to the Depute Chief Executive/Director of Corporate Development and the Director of Development and Infrastructure to negotiate and finalise arrangements with NHS Highland for the remaining term of the Partnership Agreement for the accommodation occupied under shared occupancy arrangements and for the NHS property occupied by Highland Council.

17.  Timetable of Meetings
Clàr-ama Choinneamhan

The Council AGREED the following change to the Timetable of Meetings in the current year –

Highland Council – to move from 11 September to 4 September

18.  Member Attendance at Meetings
Làthaireachd Bhall aig Coinneamhan

It was confirmed that the Local Government (Scotland) Act 1973 required that if a Member of a Local Authority failed, throughout a period of 6 consecutive months, to attend any meeting of the Authority, they should, unless the failure was due to some reason approved by the Authority, cease to be a Member of that Authority.

In this regard, it was advised that Mr Neil MacDonald had, because of illness, been unable to attend meetings of the Council since 20 November 2013. As this might continue beyond the 6 months stipulated in the Act, the Council was required to approve his absence because of illness to enable him to continue as a Member of the Authority.

Decision

The Council APPROVED Mr MacDonald’s absence as a result of illness on the basis that the position would be reviewed following a further 3 month period and an update provided for the September meeting if necessary.

19.  Deeds Executed
Sgriobhainnean Lagha a Bhuilicheadh

The Council NOTED that a list of deeds and other documents executed on behalf of the Council since the meeting held on 13 March 2014 was available in the Members’ Library and on the Council’s Website.

The meeting ended at 2.30pm.