Agendas, reports and minutes

Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 26 October 2017 at 10.35am.

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

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

In Attendance:
Chief Executive
Director of Development & Infrastructure
Director of Corporate Resources
Director of Community Services

Mr B Lobban in the Chair

Apologies for absence were intimated on behalf of Mrs I Campbell, Mr J Gordon, Ms P Hadley, Mr T Heggie, Mr W MacLachlan, Mr N McLean and Mr I Ramon.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:-

Item 5 – People Committee (Item 18) - Mrs A MacLean and Mr P Saggers (both non-financial) 
Item 5 – People Committee (Items 17 and 18) - Mr A Christie (financial)  
Item 18(i) – Mr A Jarvie and Ms E Knox (both non-financial)
Item 18(iii) – Mr A Jarvie and Mrs I MacKenzie (both non-financial)
Item 18(v) – Mr A Christie, Mr A Graham, Mrs C Caddick and Miss J Campbell (all financial)
Item 18(vi) – Mrs D MacKay (non-financial)

Prior to the commencement of the formal business, thanks were conveyed to all those who had been involved in the extremely successful National Mod which had recently been held in Fort William. 

3. Membership of the Council
Ballrachd na Comhairle

It was NOTED that, following the By-Election held on Thursday, 28 September 2017, Mr Alasdair Rhind, Morningside, Scotsburn Road, Tain IV19 1PU had been elected as a Member of Ward 7 (Tain and Easter Ross). 

4. Confirmation of Minutes     
Daingneachadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 7 September 2017 as contained in the Volume which had been 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 Volume circulated separately as undernoted:-

Badenoch & Strathspey Area Committee, 5 September
Isle of Skye & Raasay Committee, 11 September
Sutherland County Committee, 13 September
City of Inverness Area Committee, 14 September
Nairnshire Committee, 21 September
Audit & Scrutiny Committee, 28 September
Lochaber Committee, 4 October
People Committee, 19 October  

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

People Committee, 19 October

*Starred Item: Item 18: PP. 12-15 of the Supplementary Paper Review of Debt Advice and Related Services

Declarations of Interest

Mrs A MacLean and Mr P Saggers declared non-financial interests in this item on the grounds of being Board Member of the Ross & Cromarty Citizens Advice Bureau and Director of Nairn Citizens Advice Bureau respectively but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude them from taking part in the discussion.

Mr A Christie declared a financial interest in this item (and also Item 17 – People Committee, 19 October) on the grounds of being General Manager of the Inverness, Badenoch & Strathspey Citizens Advice Bureaux and confirmed that he would leave the meeting during any discussion.

It was AGREED that the budget saving should be implemented over a 2 year period - £65k in Year 1 (2018/19) and £65k in Year 2 (2019/20). 

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

There had been circulated Minutes of Meeting of the Valuation Joint Board held on 27 June 2017 (approved by the Board on 22 September 2017) which were NOTED.

7. Membership of Committees, etc
Ballrachd na Comhairle

It was NOTED that, following the By-Election for Ward 7, the political make-up of the Council was now as follows:-

Independent – 30/SNP – 21/Scottish Conservatives – 10/
Liberal Democrat – 9/Labour 3 – Green -1

It was also NOTED that the formula in respect of the number of places on Strategic Committee remained as 10/7/4/3/1. 

The Council also AGREED the following – 

North Planning Applications Committee – Mr A Rhind to be included (Ward 7)
Pensions Board – Mr G Cruickshank to replace Mr S Mackie
Commercial Board – Mr A Rhind to replace Mrs F Robertson 

Valuation Joint Board – revised membership – Mr L Fraser, Mrs M Paterson, Mr K Gowans, Mr J Gray, Ms K Currie, Mr W MacLachlan, Mrs P Munro and Mr D MacLeod.  

8. Question Time    
Am Ceiste

The following Questions had been received by the Head of Corporate Governance in terms of Standing Order 42 –

(i) Mr A Jarvie

To the Chair of the Environment, Development & Infrastructure Committee

“How many times have electric car charging points, either owned by or situated on Highland Council property, been used both in the past 12 months and since they were originally installed?”

The response had been circulated.

In terms of a supplementary question, whilst welcoming the increase in usage from the previous year and with electricity costs now around £20k per year, Mr Jarvie queried as to whether consideration would be given to charging.

In response, the Chair of the Environment, Development & Infrastructure Committee confirmed that a report had already been submitted to the Community Services Committee on this issue and a further report would be presented to the Environment, Development & Infrastructure Committee in due course.

(ii) Ms M Smith

To the Leader of the Council

“What measures are the Administration putting in place to ensure the Highlands gets maximum benefit from the £6million rural tourism infrastructure fund?”

The response had been circulated.

In terms of a supplementary question, Ms Smith queried as to whether the Leader would organise teams of Officers to meet as soon as possible with Local Members in areas affected by tourism (and especially rural areas).

In response the Leader of the Council confirmed that discussion would be undertaken with the Cabinet Secretary and other Ministers at the Highlands & Islands Convention in the following week in relation to the potential for increasing the fund and the possibilities of levering in money from elsewhere. It was also acknowledged that it was vital to ensure that infrastructure was improved before the tourism season in 2018.  

(iii) Mrs G Campbell-Sinclair

To the Chair of the Corporate Resources Committee

“Please provide a list of the number of agency staff, as well as their equivalent grades and costs to the Council, on a monthly basis from July 2016 to August 2017”.

The response had been circulated.

In terms of a supplementary question, Mrs Campbell-Sinclair queried as to whether a fuller response could be provided on the numbers of Council staff who had been released under the Voluntary Severance programme and who had returned via an employment agency.

In response, the Chair of the Corporate Resources Committee confirmed that action was continuing to be taken in terms of reducing the number of agency staff across the Council and that if required a confidential briefing for any Member with the relevant Manager could be arranged.       

9. The Council Programme – Progress Report
Program airson Comhairle na Gaidhealtachd 

There had been circulated Report No. HC/39/17 dated 16 October 2017 by the Chief Executive.

During discussion, it was confirmed that the priorities for the Programme had now been firmly established and themes identified. 

In this regard, consultation had been undertaken with Local Committees and, in addition to the provision of broadband, housing had been identified as key priority to ensure sustainability in all communities and to attract people to live and work in the Highlands.

The importance of engagement and continued joint working with Community Planning Partners, at both a strategic and local level, was also highlighted as being imperative in terms of delivering the Programme.

Finally, it was anticipated that the Programme would be finalised in November and appropriate reference made within the Corporate Plan.      

Decision

The Council NOTED the progress which had been made to engage collaboratively on the development of the Programme.

The Council also AGREED the revised commitments under the 5 priority themes at Appendix 1 and the proposed next steps as detailed in the report.  

10. Redesign of Highland Council – Progress Report
Bord Ath-dhealbhaidh – Aithisg Adhartais

There had been circulated Report No. HC/40/17 dated 17 October 2017 by the Chief Executive.  

Decision

The Council NOTED the Board’s programme of reviews and its progress in commissioning five peer reviews and the learning from lean reviews underway.

It was also NOTED that Board workshops were open to all Members to attend and that Members could propose areas for review to the Board.

Members further NOTED the engagement with Managers and the programme of local staff forums being held to brief staff and to share their views and ideas, the work in progress around the Council being more commercially minded, community minded and the development of a Redesign Board communications plan and the positive feedback from the External Auditors on the progress made to date.      

11. Annual Audit Report and Accounts
Aithisg Sgrudaidh on Taobh A-muigh

There had been circulated Report No. HC/41/17 dated 16 October 2017 by the Director of Corporate Resources.

In this regard, thanks were conveyed to the Director of Corporate Resources and his team for the considerable level of work which had been undertaken.

Decision

The Council NOTED that the Auditor’s Report had been approved by the Audit & Scrutiny Committee at the meeting on 28 September.

The Council also NOTED the agreed actions as detailed in the report.  

12. Results from the Citizens’ Panel 2017 Performance and Attitudes Survey
Toraidhean bho Shuirbhidh Coileanaidh is Bheachdan Phannal nan Saoranach 2017

There had been circulated Report No. HC/42/17 dated 25 September 2017 by the Chief Executive.

During discussion, Members raised the following issues:-

• thanks should be extended to the staff for the compilation of this report and also to those who responded to the survey, with particular reference to young people;
• the overall satisfaction rate of 73% with Council services was extremely encouraging and provided grounds for optimism in terms of how the Council was dealing with current financial challenges;
• the overall statistics had been fairly consistent over the past few years and again this was encouraging in the current difficult circumstances which were being faced;
• it was however disappointing that the satisfaction rate was decreasing in terms of reference to a 'listening' Council and as such there was a role here for all Elected Members;
• road maintenance and schools continued to be high priorities within communities and the Council was addressing the need to allocate additional funds to these areas wherever possible;
• there was a need to acknowledge the reality of diminishing budgets and the associated impact on the future delivery of services (with the redesign work currently being undertaken of particular importance in this respect);
• it would be important to respond to the issues identified from the survey through the budget process, individual Strategic Committees and implementation of the Council Programme;
• it was hoped that there could be improvement on the 40.8% survey response rate in future;
• similarly there was a need for Elected Members to have a role in improving the 13% response rate in relation to the Council ‘representing views’;
• in contrast, and in regard to community safety, it was highlighted that 98.1% of respondents considered the area within 15 minutes’ walk of their home to be ‘very’ or ‘fairly’ safe and this percentage rate was increasing year on year which was extremely positive and encouraging for the Council and partner agencies in the Highlands;
• however, in terms of community safety, it also had to be noted that 13.7% of the younger age group felt ‘rather’ or ‘very’ unsafe and further detail was required on the reasons for this statistic in order to influence improvement in future;
• there was a wealth of information provided within the survey results which could be used to influence future service delivery;
• as part of a continual review of the survey questions, consideration should be given to assessment of how the Council was delivering its Programme and also the involvement of community planning partners;
• this had to be a ‘living document’ in that information was both used and shared on a regular basis;
• there was a considerable amount of positive messages arising from this survey and this should be used to promote the Highlands as an attractive place in which to live and work; and
• the proposal to continue to look for other opportunities to understand the views of a range of user groups which the survey could not provide (including age, gender, disability, ethnicity and housing tenure) was welcomed. 

Decision

The Council NOTED the key findings of the feedback from the Citizens’ Panel from the current year’s survey.

The Council also AGREED the follow-up action to communicate the results set out in Paragraph 4.1 and to await further analysis and reports as outlined in Paragraph 5.3 of the report.  

13. Uig Harbour – Harbour Revision Order and Construction Consents
Leasachaidhean Ionad-aiseig Uige – Adhartas a thaobh Ordugh Ath-sgrudaidh Calaidh

There had been circulated Report No. HC/43/17 dated 17 October 2017 by the Director of Development & Infrastructure.

During discussion, the importance of this project was highlighted in that it represented a major development for the area with associated benefits for the local economy and as such it was hoped that it could be progressed within a very quick timescale.

The consultation which had been undertaken with the local community was also welcomed and in this regard it was suggested that consideration should also be given to development of the shore side of the harbour and in future the other harbours in the area if possible.  

Decision

The Council AGREED the drafting and submission of a Harbour Revision Order and other construction consents for the new works required at Uig Harbour as detailed in the report. 

14. Code of Corporate Governance
Cod Riaghladh Corporra  

There had been circulated Report No. HC/44/17 dated 5 October 2017 by the Head of Corporate Governance.

In this regard, reference was made to the considerable level of work which had been undertaken on this report by Ms M Morris, the previous Depute Chief Executive/Director of Corporate Governance.       

Decision

The Council NOTED the progress on delivering the 2016/17 Code and APPROVED the 2017/18 Code of Corporate Governance as detailed in the report.

15. Commercial Board
Bord Coimeirsealta

Suspension of Standing Orders – the Council AGREED to suspend Standing Order 20 to allow consideration of this item.

It was noted that, at the Council meeting on 29 June, it had been agreed that a Commercial Board should be established comprising 5 Members (1 from each political Group plus a Substitute), 2 Senior Officers in Executive roles and up to 2 External Advisers as Non-Executives on the Board.

In this regard, the first meeting of the Board had been held on 28 September when it had been agreed to recommend that the membership should be increased to 10 Members (2 from each Group) with 2 Senior Officers as Advisers but that no further action should be taken on appointing External Advisers meantime.
It had also been agreed to appoint Mr G Adam as Chair and Ms M Smith as Vice Chair of the Board.

Decision

The Council AGREED the revised arrangements for membership of the Commercial Board as detailed.  

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

Suspension of Standing Orders - the Council AGREED to suspend Standing Order 20 to allow consideration of this item.

It was noted that it had previously been agreed to amend Standing Order 13.3 to remove the requirement for a Substitute Member from each Group (attending a meeting) to be ‘named’ in advance. It had also been agreed that notification of attendance by a Substitute had to be given no later than 24 hours in advance of the meeting.

This arrangement had previously been limited to 1 Member from each Group. However, it was now proposed that this limit should be removed and that Groups should be able to specify more than 1 Substitute if necessary.    

Decision

The Council AGREED the proposed amendment to Standing Order 13.3 as detailed, on the basis that (other than in exceptional cases) notification had to be given no later than 24 hours in advance of the meeting.   

17. Scheme of Delegation and Administration to Strategic Committees and Sub Committees and to Officers
Raon Ughdarrais agus Rianachd gu Comataidhean Ro-innleachdail agus Fo-chomataidhean agus gu Oifigearan 

There had been circulated Report No. HC/45/17 dated 28 August 2017 by the Head of Corporate Governance.

During discussion, it was suggested that in future approval of HRA rent charges should revert to the previous arrangement whereby this was a recommendation from the Strategic Committee to the Council.

It was also suggested that, in relation to the delegation to Officers within the Development & Infrastructure Service, and specifically the determination of planning applications, that the status quo should be maintained – and also that a Seminar for Members should be arranged as soon as practicable with a focus on planning issues/conditions.      

Decision

The Council AGREED the proposed amendments to the Scheme of Delegation as detailed in the report – subject to the following amendments – 

Part 1 – Powers Reserved to the Council – approval of HRA rent charges to be a recommendation from the Strategic Committee to the full Council.

Part IV – Delegation to Officers – Development & Infrastructure – the status quo to be maintained in relation to the determination of planning applications.

It was also AGREED that a Seminar for Members should be arranged as soon as practicable with a focus on planning issues/conditions.  

18. Notices of Motion  
Brathan Gluasaid

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

Declarations of Interest 

Mr A Jarvie and Ms E Knox declared non-financial interests in the following item (i) on the grounds of being Board members of Highland Disability Sport but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude them from taking part in the discussion.   

(i)‘The Highland Council celebrates all the Highland competitors at the recent Special Olympics, including the 58 athletes who brought home medals from six sports.

These games highlight the great benefits that sport brings to all those who take part. Not least, being a fantastic way to improve social inclusion among those who are usually excluded, this council agrees to continue to support and promote these excellent opportunities for those who live here.’

Signed: Mr A Jarvie, Mr G Ross

During discussion, Members raised the following issues:-

• congratulations should be conveyed to all those who had taken part and especially to the 58 athletes who had taken home medals from six sports;
• it was also important to recognise the support of volunteers, carers and families in this regard;
• participation was key and there should be recognition of the transformational difference which had been made to the lives of the competitors;
• there was also a need to recognise and to thank those involved in the contribution to this from Highland Disability Sport; and
• it was hoped that the local media could provide publicity for and recognise the achievements of local competitors.    

Decision

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

(ii)‘The Highland Council reaffirms its support for the final recommendations from CoSLA’s Commission on Strengthening Local Democracy which includes the principle of subsidiarity.

The Council also believes that local democracy is increased when Local Government has control of taxation.

We move that the Council, working with CoSLA and other partners, undertake research on options to enhance local control of taxation so that local priorities and circumstances can be more fully taken into account.’

Signed: Mrs M Davidson, Mr J Gray

During discussion, Members raised the following issues:-

• it would be extremely important to work with and undertake research with colleagues both in CoSLA and across the country to bring about change in regard to local taxation;
• specifically, this process should begin with a focus on Council Tax and Non-Domestic Rates but should then be continued into areas where currently the Council had no direct control e.g. tourism, air traffic and landfill taxes;
• the principles arising from the Commission on Strengthening Local Democracy were of particular importance in this regard and should be referenced by those not familiar with them;
• it was hoped that, following discussion and research, a full debate on all options available could be undertaken by the full Council in the first instance and thereafter with both the UK and Scottish Governments; and
• in terms of subsidiarity, and the devolution of tax raising powers, it was imperative that policies and taxation for local areas were again shaped and influenced by local government.         

Decision

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

Declarations of Interest 

Mr A Jarvie and Mrs I MacKenzie declared non-financial interests in the following item (iii) on the grounds of being Board members of the Highland Award Project but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude them from taking part in the discussion.   

(iii)‘The Highland Council recognises the great opportunities that The Duke of Edinburgh’s Award provides to all those aged under 25 across the area. However, in the previous academic year, some of the most deprived high schools such as Wick, Alness, Dingwall and Inverness High School did not enrol any of their pupils in this award. So far this year, only four pupils from a disadvantaged background have started their gold level award, with only two actually completing it since April 2014.

This Council agrees that promoting the Duke of Edinburgh’s Award delivers incredibly advantageous life skills. A great initiative would be to consider offering all children who are in our care, the opportunity gain their Duke of Edinburgh’s Award. This sort of targeted delivery to those most disadvantaged can deliver truly life changing results and as the award license holder, we will take further steps to help make this much more widely accessible.’ 

Signed: Mr A Jarvie, Mrs I MacKenzie

Prior to discussion, it was noted that the mover and seconder of this Motion now wished to amend the wording within the first paragraph (second sentence) to read as follows – ‘However, in the previous academic year, high schools serving some of the most deprived areas haven’t enrolled any pupils in this award’.   

During discussion, Members raised the following issues:-

• this was a most worthwhile and valuable award which enabled the learning of real life skills and demonstrated the commitment of participating individuals to both employers and universities;
• particular reference was made to Kinlochleven and Ullapool High Schools for the number of pupils enrolled, and also Gairloch and Kinlochbervie, but it was felt that other schools could perhaps be supported to do more in this regard;
• consideration should therefore be given to offering all children in care the opportunity to gain this award, with the Council taking all steps available to help make it more widely accessible;
• whilst acknowledging the importance of the Duke of Edinburgh Award, it had to be recognised that individual Schools were best placed to decide if and when pupils were put forward for it;
• many schools across the Highlands currently offered alternative opportunities to pupils which were both inclusive and comprehensive and also targeted to specific catchment areas;
• it should be noted that the Duke of Edinburgh Award could also be undertaken through other organisations (and not just through schools) and this could have had an effect on the statistics re uptake;
• there were many other Award activities available, including the Saltire Award;
• there was a need for detailed consideration to be given to ways in which to encourage and increase the capacity of adult volunteers in the Highlands to facilitate the Duke of Edinburgh Award and other similar activities in the Highlands; and
• as well as highlighting the other opportunities which were currently available, there was a need to examine the reasons behind the low uptake of the Duke of Edinburgh Award in particular in some areas, including the associated costs per pupil of undertaking the Award.

Thereafter, Mr A Jarvie, seconded by Mrs I MacKenzie, MOVED the terms of the Notice of Motion – subject to the changes to the wording (in the first paragraph) which had been highlighted earlier in the meeting.

As an AMENDMENT, Mr G MacKenzie, seconded by Mr R Laird, moved the following – The Highland Council recognises the great opportunities that the Duke of Edinburgh’s Award provides to all those aged under 25 across the area as one element of a much wider provision available to young people in our schools and communities.

The Council agrees that promoting the Duke of Edinburgh’s Award and other similar initiatives delivers incredibly advantageous life skills. Highland Council should continue to encourage and support these activities and to seek further funding opportunities.

On a vote being taken, the MOTION received 8 votes and the AMENDMENT received 51 votes, with 5 abstentions, and the AMENDMENT was therefore CARRIED, the votes having been cast as follows:-

For the Motion:-
Mr A Jarvie, Mr G Cruickshank, Mr P Saggers, Mr J Bruce, Mr C Smith, Mrs I MacKenzie, Mr W MacKay and Mr A Sinclair.

For the Amendment:-
Mr R Bremner, Mr C Fraser, Mr K Rosie, Mr D Louden, Mr R MacWilliam, Mr B Boyd, Mr B Allan, Ms K Currie, Mr D Macpherson, Mrs C Wilson, Mr A Rhind, Mr R Balfour, Miss J Campbell, Mr G Ross, Mr K Gowans, Mrs B McAllister, Mrs D MacKay, Mrs P Munro, Mr C MacLeod, Ms E Knox, Mrs M Cockburn, Mrs G Campbell-Sinclair, Mrs L MacDonald, Mr R MacDonald, Mr H Morrison, Mr J McGillivray, Mrs T Robertson, Ms L Munro, Mr A Graham, Ms K Stephen, Mr D MacLeod, Dr I Cockburn, Mr G MacKenzie, Mr D MacKay, Mr J Finlayson, Mrs F Robertson, Mr M Finlayson, Mrs A MacLean, Mrs C Caddick, Mr G Adam, Mr R Gale, Mr B Lobban, Ms M Smith, Mr R Laird, Mr A Henderson, Mrs H Carmichael, Mrs M Davidson, Mr A MacKinnon, Mr A Baxter, Mr A Christie and Mr J Gray. 

Abstentions:-
Mr L Fraser, Mr S Mackie, Mr M Reiss, Ms N Sinclair and Mr B Thompson.

Decision

The Council AGREED to recognise the great opportunities that the Duke of Edinburgh’s Award provided to all those aged under 25 across the area as one element of a much wider provision available to young people in schools and communities.

It was also AGREED that promoting the Duke of Edinburgh’s Award and other similar initiatives delivered incredibly advantageous life skills and that the Council would continue to encourage and support these activities and to seek further funding opportunities.

(iv)‘The Highland Council notes the disturbing effects of Universal Credit on Highland residents and public services during the pilot undertaken in the Inverness Job Centre catchment. 

The Council notes in particular the catastrophic consequences of the in-built delay between an award being approved and the initial payment being made and of the ill-considered integration of the former Housing Benefit into the Universal Credit scheme. 

The Council therefore urges the UK Government not to extend the Universal Credit regime any further until these issues and the other flaws are addressed and agrees that the Leader write to the Secretary of State to that effect.’

Signed: Mr R Laird, Ms K Currie

During discussion, Members raised the following issues:-

• it should be noted that, since the roll-out of Universal Credit, the workload of the Welfare team within the Council had increased by 43%;
• in addition to the above, 80% of tenants on Universal Credit were now in arrears (with the projected sum for these arrears being £2.1m by the end of the year) and this had an extremely detrimental effect on those people involved in this process and also on the Council;
• there was an urgent need for the Council to join with others who were seeking reconsideration of the implementation of this ill-considered and damaging policy by the UK Government and specifically the Department for Work & Pensions in order to try and alleviate the suffering of those who were being most impacted;
• it had to be highlighted that the majority of people detrimentally affected were currently in work (and not unemployed);
• the acute financial difficulties being experienced by many people across the Highlands could not be understated and it was feared that there could be decades of problems ahead, not just for them but also for the Council;
• thanks should be conveyed to the Welfare Team for the work undertaken in relation to this issue, not least in the help and assistance provided to those people who did not have access to IT facilities and therefore were unable to complete or update the online application form;
• one of the major issues related to Universal Credit was that if even one benefit was changed or queried in any way, it had the result of ceasing all benefits being received and this had the effect of causing  immediate and severe financial hardship;
• there was particular concern about the increase in doorstep lending activity and the use of foodbanks and it was suggested that this was due in large part to the processes involved in Universal Credit;
• Councils across Scotland were having to earmark significant levels of funding to mitigate the effects of Universal Credit and this funding could be spent more appropriately on local services;
• it was noted that a meeting had already been arranged with the Minister responsible for the rollout of Universal Credit but a commitment was given to also given to write to the UK Government in line with the terms of the Notice of Motion;
• the premium telephone number in place for calls in regard to Universal Credit had now been replaced with a Freephone number and this was welcomed;
• there was a specific need to review the position regarding arrears in relation to homeless accommodation as a direct result of Universal Credit;
• consultation should also be undertaken with the Scottish Government in terms of the potential use of any other powers which might help in the current circumstances;
• the previous arrangements in terms of the payment of different types of benefit had been in need of reform but it was considered that the new procedures had not been beneficial in this respect;
• there were severe and damaging effects on the mental health of those impacted by problems as a direct result of Universal Credit and this had to be highlighted with a view to making amendments to the current arrangements; and
• people living in rural areas were often very severely impacted, particularly in terms of the loss of local banking arrangements in many cases.

Thereafter, Mr R Laird, seconded by Ms K Currie, MOVED the terms of the Notice of Motion as detailed.

As an AMENDMENT, Mr A Jarvie, seconded by Mr P Saggers, moved that the word ‘disturbing’ should be removed from the first line of the first paragraph of the Notice of Motion. Also, that the subsequent two paragraphs should be replaced with the following wording – ‘The Council notes the impacts of delays between payments. However, it does recognise the principle of Universal Credit, meaning that moving from unemployment to employment doesn’t mean applying for a new benefit. Also, in taking multiple benefits paid at different times into a single payment thus making household budgeting easier. There has been an impact across the Highlands and agrees that the Leader write to the Secretary of State highlighting this to ensure the further rollout is smooth for all remaining claimants’. 

On a vote being taken, the MOTION received 50 votes and the AMENDMENT received 9 votes, with 3 abstentions, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:
Mr R Bremner, Mr C Fraser, Mr K Rosie, Mr D Louden, Mr R MacWilliam, Mr B Boyd, Mr B Allan, Ms K Currie, Mr D Macpherson, Mrs M Paterson, Miss J Campbell, Mr G Ross, Mr K Gowans, Mrs B McAllister, Mrs D MacKay, Mrs P Munro, Mr C MacLeod, Ms E Knox, Mrs M Cockburn, Mrs G Campbell-Sinclair, Mrs L MacDonald, Mr R MacDonald, Mr H Morrison, Mr J McGillivray, Mrs T Robertson, Ms L Munro, Mr A Graham, Dr I Cockburn, Mr G MacKenzie, Mr D MacKay, Mr J Finlayson, Mrs F Robertson, Mr M Finlayson, Ms A MacLean, Mrs C Caddick, Mr G Adam, Mr R Gale, Mr B Lobban, Ms M Smith, Mr R Laird, Mr A Henderson, Mrs H Carmichael, Mrs M Davidson, Mr A Mackinnon, Mr A Baxter, Mr A Christie, Mr J Gray, Mr W MacKay, Ms N Sinclair and Mr B Thompson.     

For the Amendment:
Mr R Balfour, Mr A Jarvie, Mr G Cruickshank, Mr P Saggers, Mr J Bruce, Mr C Smith, Mrs I MacKenzie, Mr S Mackie and Mr A Sinclair.

Abstentions:
Mr L Fraser, Mr D MacLeod and Mr M Reiss. 

Decision

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

Declarations of Interest  

Mr A Christie, Mr A Graham and Miss J Campbell declared financial interests in the following item (v) on the grounds of being landlords and left the Chamber during discussion of the item.

Mrs C Caddick declared a financial interest on the grounds of shared ownership of self-catering accommodation.

At this point in the meeting, Mr L Fraser also declared a financial interest on the grounds of being a landlord and left the Chamber during discussion of the item.   

(v)‘The Highland Council notes the unprecedented high rents for private sector housing in Inverness and the pressure this places on both the Highland Housing Register and those individuals and families seeking a home in the city. 

The Council therefore agrees to examine and report back on the feasibility of applying under the provisions of the Private Housing (Tenancies) (Scotland) Act 2016 for a Rent Pressure Zone for Inverness and for any other community in the Highlands facing similarly expensive housing rents.’

Signed: Mr R Laird, Mr R MacWilliam

During discussion, Members raised the following issues:-

• it had to be highlighted that at present there was a large private sector housing market in Inverness with the average rent for a 1 bedroom property being approximately £520 per month (as opposed to the Scottish average of £482 per month);
• in light of the current difficulties facing many people, and predominantly young people, who were unable to obtain a Council House and also unable to provide a deposit for a mortgage (and thereby faced with high rents for private sector accommodation), the Notice of Motion sought investigation as to whether an application could be submitted for a Rent Pressure Zone for Inverness and for any other area deemed appropriate;
• in terms of the Housing Register, there were currently 1257 people applying for a 1 bedroom property and this had to be viewed alongside the statistic that only 164 Council properties had been re-let in the previous year;
• the provision of proper and affordable housing was essential for the health and wellbeing of everyone in the Highlands and as such there was real concern about the sub-standard condition of some housing in the private sector at present;
• it had to be acknowledged that tourism was expected to raise the demand for property in future years and there was a need to deal with the situation in some areas where very high levels of rent were currently being charged;
• as part of any future application for a Rent Pressure Zone, there would be  a need to demonstrate for Scottish Ministers that current rent levels in the area were causing concern;
• whilst there was no intention to impact responsible landlords, there were unfortunately many situations at present where this was not the case and this was where action was required to implement improvement;
• in terms of concern that current legislation might not address all aspects of the problem, it was suggested that all other options should be considered in order to allow a fully informed debate and if possible decisions to be made locally;
• in terms of the wording within the Notice of Motion, wording should be included to make reference not just to Inverness but also to ‘many other areas’ where this issue was also a problem; and
• the wider consideration of a national strategy on the building of more homes would be essential at some point in the future.

Decision

The Council NOTED the unprecedented high rents for private sector housing in Inverness and many other areas and the pressure this placed on both the Highland Housing Register and those individuals and families seeking a home in the city.

It was therefore AGREED to examine and report back on the feasibility of applying under the provisions of the Private Housing (Tenancies) (Scotland) Act 2016 for a Rent Pressure Zone for Inverness and for any other community in the Highlands facing similarly expensive housing rents. 

(At this point, Mr A Christie, Mr A Graham, Miss J Campbell and Mr L Fraser returned to the meeting). 

Declaration of Interest

Mrs D Mackay declared a non-financial interest in the following item (vi) on the grounds of being a Board Member of NHS Highland but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that her interest did not preclude her from taking part in the discussion. 

(vi)‘It is proposed to form a Rural Health Group from Elected Members within Highland Council to:-

1. Lobby for appropriate health care funding in the area;
2. Assess and examine the ongoing redesign of health and social care by NHS Highland; and
3. Produce a democratically led plan for health and social care that is driven by both sustainability of funding and sustainability of care.’ 

Signed: Mr R MacDonald, Ms N Sinclair 

In this regard, there had been tabled Amended Wording (from Mr R MacDonald and Ms N Sinclair) in regard to the third bullet point of the Notice of Motion as follows – 

‘Mindful of the current plans and activity across Health and Social Care, engage with NHS Highland and others to ensure that we have appropriate democratic involvement that is driven by both sustainability of funding and sustainability of care’.

Prior to discussion, it was noted that the mover and seconder of the Motion now wished to amend the wording of the Notice of Motion as follows - to delete the word ‘Rural’ from the first sentence and to replace the third bullet point with the following – ‘mindful of the current plans and activity across health and social care, engage with NHS Highland and others to ensure that there was appropriate democratic involvement that was driven by both sustainability of funding and sustainability of care’.

During discussion, Members raised the following issues:-

• it was suggested that geographic distance was major factor in relation to the current issues associated with the provision of health care, not least in terms of travel and technology;
• concerns in regard to recent changes made by NHS Highland included a perceived failure (during the recent consultation process) to take account of local concerns expressed by a majority of constituents in rural areas;
• there were currently serious concerns for those living with life threatening illnesses in remote areas, particularly where there was reduction in the number of community hospital beds;
• the purpose of the Notice of Motion was therefore to try to address the ‘democratic deficit’ which appeared to exist by forming an alliance of like-minded Elected Members to speak collectively on behalf of their constituents, particularly those in areas which were considered to be remote;
• recent changes had made it considerably more difficult to access out-of-hours and emergency care in some areas;
• overall there was a need to ensure that the correct questions were being asked about the NHS planning process, particularly in geographically distant areas, and that redesign proposals led to correct changes for all areas of the Highlands as part of a compassionate and humane health care system;
• there was also a need for a focus on the overall funding arrangements for the Highland area, with the provision of detail in regard to how and where current funding was being used;
• perennial issues of budgets, recruitment and sustainability made it imperative that a more radical and imaginative approach to the provision of health care across the Highland area was considered, with the close involvement of local communities at all stages of the process;
• it had to be highlighted that a recent Audit Scotland report had suggested that too little progress had been made in shifting the balance of care into the local community and this was a concern;
• the recent Members’ Seminar had been extremely helpful in terms of productive discussion and the identification of ideas for the way forward, not least in relation to review of the Partnership Agreement with NHS Highland;
• the problems which had been identified had to be shared with all agencies in order for agreement to be reached on future solutions;
• close and detailed involvement of local people and communities was imperative if successful improvements/changes to current arrangements were to be implemented;
• there was a need for better communication with NHS Highland over the provision of care in rural areas in particular;
• it would be important to take account of socio/economic benefits in addition to financial considerations in future;
• it had to be recognised that thousands of people across the Highlands had signed petitions seeking changes to current arrangements; and
• in terms of any future proposals, and specifically in relation to engagement and communication, it was imperative that a focus was given to different actions for different areas, with the participation of all Members, all partners and especially all communities across the area.

Decision

It was AGREED to form a Health Group from Elected Members within the Council to:-

• lobby for appropriate health care funding in the area;
• assess and examine the ongoing redesign of health and social care by NHS Highland; and
• mindful of the current plans and activity across health and social care, engage with NHS Highland and others to ensure that there was appropriate democratic involvement that was driven by both sustainability of funding and sustainability of care.

19. Deeds Executed
Sgrìobhainnean Lagha a Bhuilicheadh

It was NOTED that a list of deeds and other documents executed on behalf of the Council since the meeting held on 7 September 2017 was available in the Members’ Library and on the Council’s Website.

The meeting ended at 3.00pm.