Agendas, reports and minutes

Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 6 September 2018 at 10.35am.

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

Mr G Adam, Mr R Balfour, Mrs J Barclay, Mr A Baxter, Mr B Boyd, Mr R Bremner, Mr J Bruce, Mrs C Caddick, Miss J Campbell, Mrs I 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, Ms P Hadley, Mr T Heggie, Mr A Henderson, Mr A Jarvie (and T/C in pm), 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 G MacKenzie, Mrs I MacKenzie, Mr S Mackie (and T/C in pm), Mr A MacKinnon, Mrs A MacLean, Mr C MacLeod, Mr D MacLeod, Mr D Macpherson, Mr R MacWilliam, Mrs B McAllister, Mr J McGillivray (V/C), Mr N McLean  , Mr H Morrison, Ms L Munro, Mrs P Munro, Mr I Ramon, Mr M Reiss , Mr A Rhind, Mr D Rixson, Mrs F Robertson, Mrs T Robertson, Mr K Rosie (V/C), Mr G Ross, Mr P Saggers, Mr A Sinclair (and T/C in pm) , Ms N Sinclair, Mr C Smith, Ms M Smith, Ms K Stephen and Mr B Thompson. 

In Attendance:    

Chief Executive
Director of Development & Infrastructure
Director of Care & Learning    
Depute Chief Executive/Director of Corporate Resources 
Director of Community Services

Also in Attendance:

Mr R Middlemiss, Local Senior Officer, Scottish Fire and Rescue 

Mr B Lobban in the Chair

Apologies for absence were intimated on behalf of Mr B Allan, Mr I Brown, Mr J Gordon, Mr W MacKay, Mrs M Paterson and Mrs C Wilson. 

2.  Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:-

Item 5 – Mrs C Caddick
Item 7 – Mr A Christie (Financial)
Item 13 – Mr A Christie (Financial) and Mr K Gowans, Mr T Heggie, Mr A Jarvie and Mr D Macpherson (Non-Financial)
Item 16 – Mr A Christie (Financial)

Prior to the commencement of the formal business, the Convener congratulated Dr I Cockburn on his appointment as Depute Leader of the SNP Group.

The Convener also welcomed the new Youth Convener Ms Esme Leitch, who was attending her first meeting of the Council in her new role.  Ms Leitch responded accordingly.

The Council also congratulated:-

• the Highland Council’s Revenue Team who were awarded the Benefit and Welfare Reform Team of the Year for Scotland and who were now going forward to the UK Awards;
• Glenurquhart Ladies’ Shinty Team who had won the Marine Harvest Challenge Cup on 1 September; 
• Badenoch and Strathspey Ladies’ who had won the Marine Harvest Valerie Fraser Camanachd Cup on 1 September; and
• Pentland United on winning the Highland Amateur cup on 25 August.

3. Recess Powers
Cumhachdan Fosaidh
 
It was NOTED that the recess powers granted by the Council at the meeting on 28 June 2018 did not require to be used in relation to the full Council.

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 28 June 2018 as contained in the Volume which had been circulated separately - which were APPROVED.

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

Declaration of Interest – Mrs C Caddick declared a non-financial interest in this item as a Member of the Cairngorms National Park Authority 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.    

There had been submitted for confirmation as correct records, for information as regards delegated business and for approval as appropriate, the Minutes of Meetings of Committees as contained in Volume which had been circulated separately as undernoted:-

Pensions Committee, 9 August
Ross & Cromarty Committee, 15 August
Environment, Development & Infrastructure Committee, 16 August
*Badenoch & Strathspey Area Committee, 21 August
Care, Learning & Housing Committee, 22 August 
*Sutherland County Committee, 23 August
Caithness Committee, 28 August
*Corporate Resources Committee, 29 August
City of Inverness Area Committee, 30 August
Lochaber Area Committee, 30 August
Isle of Skye & Raasay Committee, 3 September 

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

Environment, Development & Infrastructure Committee, 16 August

Page 215, List of those Present 

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

Badenoch & Strathspey Area Committee, 21 August

Starred Item: Item 4 : P.231: Strathspey Railway Charitable Trust 

The Council AGREED to continue to provide non-financial support to the Strathspey Railway Project.
Starred Item: Item 7 : P.233: Active Aviemore Study Update

The Council AGREED to provide non-financial support to the CNPA to take forward a non-motorised users route connecting Aviemore, Carrbridge and Boat of Garten.

Sutherland County Committee, 23 August

Starred Item: Item 8: P.5: Annual Area Capital Report                                                                 

The Council AGREED TO WITHDRAW the following - the income of £70k generated from the sale of a Community Services building in Dornoch being ring-fenced for use in Sutherland.

Starred Item: Item 12: P.6: Centenary Fields – Bonar Bridge War Memorial Gardens               

The Council AGREED that the Bonar Bridge War Memorial Gardens should be nominated for Centenary Field status.

Corporate Resources Committee, 29 August

Starred Item: Item 9: P.17: Chief Executive’s Office and Members’ Revenue Monitoring Report to 30 June 2018

The Council AGREED that (with the exception of periods of illness) Members should now be required to submit their expenses for processing within a 3 month timescale otherwise they would be submitted to the next Corporate Resources Committee meeting for formal approval.

The Council also AGREED that, in relation to Item 12 – Alness Academy, the additional wording (which was tabled at the meeting) be added to the Minutes in respect of the detailed legal requirements to be provided to Hubco which had been outlined in the report.

6. Membership of Committees, etc
Ballarachd Chomataidhean, msaa

It was NOTED that Mr R Laird had tendered his resignation as Chair of the Audit & Scrutiny Committee with effect from 5 September 2018.  Mr Laird expressed his appreciation for the support he had received, both from staff, fellow Members and Press and Public, but particularly highlighted that of his fellow Ward colleagues.

In this regard, having been duly proposed and seconded, nominations were received for the appointment of Chair of the Audit & Scrutiny Committee as follows:-

Mr G MacKenzie
Mr P Saggers

On a vote being taken, Mr Mackenzie received 21 votes and Mr Saggers received 12 votes, with 34 abstentions, the votes having been cast as follows:-

Votes for Mr G MacKenzie
Mr B Boyd, Mr R Bremner, Mrs G Campbell-Sinclair, Dr I Cockburn, Mrs M Cockburn, Ms K Currie, Mr C Fraser, Mr K Gowans, Ms P Hadley, Ms E Knox, Mr R Laird, Mr D Louden, Mrs L MacDonald, Mr G MacKenzie, Mr C MacLeod, Mr R MacWilliam, Mr J McGillivray (V/C), Mr N McLean, Mrs P Munro, Mr K Rosie (V/C) and Ms M Smith. 

Votes for Mr P Saggers
Mr R Balfour, Mr J Bruce, Mr G Cruickshank, Mr A Jarvie, Mr D Mackay, Mrs I MacKenzie, Mr S Mackie, Mr D MacLeod, Mr I Ramon, Mr P Saggers, Mr A Sinclair, and Mr C Smith. 

Abstentions
Mr G Adam, Mrs J Barclay, Mr A Baxter, Mrs C Caddick, Mrs B Campbell, Miss J Campbell, Mrs H Carmichael, Mr A Christie, Mrs M Davidson, Mr J Finlayson, Mr M Finlayson, Mr L Fraser, Mr R Gale, Mr A Graham, Mr J Gray, Mr T Heggie, Mr A Henderson, Mr B Lobban, Mr R MacDonald, Mrs D MacKay, Mr A Mackinnon, Mr D Macpherson, Mrs B McAllister, Mr H Morrison, Ms L Munro, Mr M Reiss, Mr A Rhind, Mr D Rixson, Mrs F Robertson, Mrs T Robertson, Mr G Ross, Ms N Sinclair (via VC), Ms K Stephen and  Mr B Thomson.

It was therefore AGREED that Mr G MacKenzie should be appointed as Chair of the Audit & Scrutiny Committee. 
 
The Council also AGREED the following :-
Pensions Board – Mr D Rixson to replace Ms L Munro
South Planning Applications Committee (Sub – Ward 17) – Mrs T Robertson
South Planning Applications Committee (Sub – Ward 19) – Mr D Macpherson
Redesign Board – Vice Chair – Mrs C Caddick

7. Health and Social Care Working Group     
Buidheann-obrach Slàinte agus Cùraim Shòisealta

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

There had been circulated Minutes of Meeting of the Health & Social Care Working Group held on 26 June 2018 which were APPROVED.

8. Question Time    
Am Ceiste

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

(i)  Mr A Jarvie

To the Leader of the Council

“What are the details of the engagements your Administration have had with Her Majesty’s Government and the Devolved Scottish Administration since the last full Council?”

The response had been circulated.

In terms of a supplementary question, Mr Jarvie queried the detail of the engagement, exactly who had been met and what had been discussed. 

In response, the Leader confirmed that information of discussions would be reported to Committees, as appropriate, and she was available to answer any specific questions individual Members might wish to ask. 

(ii)  Mr R Bremner

To the Leader of the Council

“What steps have you taken to fully consult with the public and manage their expectations in respect of your upcoming budget for 2019/2020?”

The response had been circulated.

In terms of a supplementary question, Mr Bremner asked how confident the Administration was, given the shortfalls of last budget year and the shortfall of £5.1m already forecast for this year, albeit that Members were told remedial action was being taken immediately, that the answers contained in the initial response would be timeously implemented and wholly effective so that future similar imapcts could be avoided.     

In response, the Leader confirmed the Administration’s confidence.  The position was being closely monitored with monthly updates received from Directors and Heads of Service as the budget process progressed.

(iii)  Mr A Jarvie

To the Chair of the Care, Learning & Housing Committee

“How does the Highland Council named person scheme operate and how does this differ from what was ruled illegal by the Supreme Court in July 2016?”

The response had been circulated.

In terms of a supplementary question, Mr Jarvie said that there were conflicting views on the named person scheme and how it operated.  The Supreme Court had voted against the information sharing provisions related to the scheme.  However, the Council said that there were very drastic differences that allowed us to continue and he asked how that was being addressed.  The response received said the Highland Scheme was in compliance with data sharing provisions and he asked if this had been reviewed since GDPR came in.

In response, the Chair of the Care, Learning & Housing Committee said he had every confidence that officers were proceeding on the basis that they could do this local information sharing under current data protection legislation and that they would have ensured all the GDPR requirements were being upheld.

(iv)  Mr R MacWilliam

To the Chair of the Environment, Development & Infrastructure Committee

“What measures does the Administration intend to take to improve the condition of Highland roads?”

The response had been circulated.

In terms of a supplementary question, Mr MacWilliam asked what assurances the Chair of the Environment, Development & Infrastructure Committee could offer that the Administration would not further burden the local authority in the medium to long term by prioritising short term surface dressings as a cheap alternative to reconstruction work on roads.

In response, the Chair of the Environment, Development & Infrastructure Committee pointed out that in 2013/14 £3.8m had been spent of capital, in 2014/15 £4.5m, 2015/16 £4.5m, 2016/17 £7.2m, last year £8.2m and this year £9.7m.

(v)  Mr A Graham

To the Leader of the Council

"In view of the considerable difficulties with infrastructure and services to support our important tourism sector, what does the Council view as the priorities to improve visitor experience in the Highlands, and how might these be delivered?”

The response had been circulated.

There was no supplementary question.

9. Notices of Motion
Brathan Gluasaid

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

(i)‘Highland Council review their policy on abandoned and parked nuisance vehicles and, working with partners, establish a clear Highland-wide policy to deal with these’. 

Signed: Mr R Bremner, Ms M Smith   

During discussion, Members raised the following issues:-

• this was an issue across the Highlands and an effective policy would empower officers, improve the environment and aesthetic appeal of the Highlands and the wellbeing of communities in the area;
• early discussions needed to be held on this matter and a report submitted to the relevant strategic Committee to take this forward;
• the potential financial implications for the Council associated with the removal of vehicles should be recognised in the discussions on this matter;
• it was important for the Council to work with a range of partners including the Police and Registered Social Landlords to establish a clear and consistent Highland-wide policy;
• the Northern Roads Collaboration Joint Committee, which comprised eight local authorities, had been asked to consider an overall policy on this issue on the basis that a stronger case could be made to the Scottish Government on the need for a policy on this issue through a joint approach; and
• reference was made to the responsibilities of the UK Government and the DVLA in dealing with this issue and correspondence Members had received in this regard and which would be shared as part of the discussions.

Decision

The Council AGREED the terms of the Notice of Motion as detailed.
 
(ii)‘Council notes with concern the recent reports surrounding the adverse health effects from long term exposure to glyphosate, the chemical in weedkiller.

Council agrees to fully review their policy on weedkilling in Highland with regard to prevention options, as well as exploring affordable and safe alternatives to the ingredient glyphosate, with a view to introducing this as soon as possible’.

Signed: Mr N McLean, Mr C Fraser, Ms M Smith  

During discussion, Members raised the following issues:-

• under the Control of Substances Hazardous to Health (COSHH) regulations the Council was required to identify the chemicals it used and concern was expressed that the chemical identity of glyphosate was essentially withheld due to trade secret information; 
• as a responsible employer, the Council should at an early stage investigate the introduction of safer and affordable alternatives to glyphosate to protect its workforce, public and the environment;
• the use of glyphosate was being reviewed, phased out and banned in many countries around the world in view of the health concerns that it was carcinogenic;
• there was conflicting evidence in relation to the use of glyphosate, reference being made to the different approaches of the World Health Organisation and the European Union in terms of licensing the chemical;
• a number of local authorities in Scotland were reviewing and implementing herbicide reduction policies and there was an opportunity for cross authority working in relation to a policy review on weedkilling in the Highlands;
• an assurance was provided that the COSHH regulations were being applied and strict health and safety measures were in place for Council staff using glyphosate;
• the Service regularly review working practices to identify more sustainable methods of weedkill control and discussions had been held with other local authorities on this matter; and
• while controls may be in place within the Council there was a need to account for potential accidents and therefore the best way to address the risks was to remove the chemical from use. 

Decision

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

(iii) ‘Highland Council notes the concern from communities, businesses and the third sector regarding the enforced closure of public conveniences across Highland in order to provide savings as dictated by the Revenue Budget earlier this year.

Council commits to address the changes needed to protect Highland public toilets in a proactive and engaging way, with officers providing a range of accurate, detailed reports, fuelled by their experience, when consulting with communities throughout the summer. These should not be dependent upon the budget cuts agreed in February, before consultation, but look for viable alternatives to retain the public conveniences, as well as seeking a commercial aspect to this, in order to provide future income to the Council but also to make toilets sustainable financially going forward. Council may wish to present this report to a future meeting of the EDI Committee for discussion’.

Signed:Ms K Currie, Mr B Boyd 

During discussion, Members raised a number of issues including the following key issues:-

• the Notice of Motion had been brought forward to address the concerns of communities in the Highlands;
• a petition of nearly 15,000 signatures had been submitted calling for the Council’s decision to be re-examined and a campaign spearheaded in North West Sutherland had undertaken a significant volume of quantitative and qualitative research on this issue;
• any suggestion that the Rural Tourism and Infrastructure Fund be used to retain public conveniences in the area was not viable as the Fund related to capital spend and not the revenue source required to maintain public convenience provision;
• the Council should tap into the knowledge and experience of its staff and engage with and encourage communities to come forward with suggestions and local solutions and viable alternatives to reduce revenue costs and retain as many public conveniences as possible; 
• the need for empirical evidence on the potential options on which to base budget decisions and therefore officers be asked to prepare accurately costed reports as part of the consultation;
• officers had been undertaking good work over the summer around the strategic mapping, placement and arrangements for future public convenience provision in the area including alternative options involving partners and comfort scheme arrangements; 
• this work was also focused on developing sustainable hubs within communities which provided a range of other facilities in addition to toilets;
• it was important to recognise the North Highland Initiative had been involved in the above work in respect of the North Coast 500;
• many communities had embraced the opportunity to enter into comfort schemes as they recognised the mutual benefits of this arrangement;
• the decision taken to rationalise public convenience provision in the Highlands was one part of a series of difficult decisions which had to be taken by Members to achieve the required level of savings on the budget;
• the provision of toilets was not revenue generating or a mandatory requirement for the Council and there would continue to be a high level of public convenience provision in the Highlands following the review in comparison to other areas of the UK;
• concern was expressed that, in relation to the petition, campaigns and correspondence received on this matter, a negative picture of a mass closure of public toilets had been portrayed which had misrepresented the Council’s decision on this matter.  The importance of Members and members of the public being fully informed of the facts on this matter was emphasised; 
• the Council’s initial communications on this issue had not been effective and inaccurate information had been issued to communities which might, in turn, have resulted in some communities rolling out misinformation;
• there was concern about the impact a lack of toilet facilities in the Highlands would have on the area as a tourist destination and, consequently, would have an adverse impact on the economy;
• the Scottish Government had seen a significant increase in tax receipts as a result of the Highland tourism boom.  The Council should therefore seek additional revenue funding from the Scottish Government to adequately support tourism;
• there were commercial opportunities to generate income from public toilets in those areas which had experienced a boom in tourism and which could potentially be used to subsidise those less busy facilities; and
• the Council and communities should learn lessons from the process to date and going forward and on completion of the review have positive and informed collective discussions on the way forward. This included how facilities could be improved to achieve a better outcome for the Highlands given that many of the existing public toilets were in sub-standard condition.

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

As an AMENDMENT, Mr A Henderson, seconded by Mrs M Davidson, moved that the Highland Council notes the concern from communities, businesses and the third sector regarding the rationalisation of public conveniences across Highland in order to produce savings passed in the Revenue Budget earlier this year.

Council has committed to address the changes needed to protect Highland public toilets in a proactive and engaging way, with officers providing a range of accurate detailed reports fuelled by their experience when consulting with communities throughout the season. 

The Council looks for viable alternatives to retain as many public conveniences as possible, as well as seeking commercial aspects to provide future income to the Council and to make toilets sustainable going forward.

The Council may wish to present the report to the Council meeting in October and discuss this.

The Scottish Government has seen a significant increase in tax receipts as a result of the Highland tourism boom. The Council further agrees to lobby the Scottish Government for revenue funding for public toilets in order to adequately support tourism”.    

On a vote being taken, the MOTION received 20 votes and the AMENDMENT received 43 votes, with no abstentions, and the AMENDMENT was therefore CARRIED, the votes having been cast as follows:- 

For the Motion:
Mr B Boyd, Mr R Bremner Mrs G Campbell-Sinclair, Dr I Cockburn, Mrs M Cockburn, Ms K Currie, Mr C Fraser Mr K Gowans, Mrs P Hadley, Ms E Knox, Mr R Laird, Mr D Louden, Mrs L MacDonald, Mr G MacKenzie, Mr C MacLeod, Mr R MacWilliam, Mr N McLean, Ms P Munro, Mr K Rosie and Ms M Smith.

For the Amendment:
Mr G Adam, Mr R Balfour, Mrs J Barclay, Mr A Baxter, Mr J Bruce, Mrs C Caddick, Mrs B Campbell, Miss J Campbell, Mrs H Carmichael, Mr A Christie, Mr G Cruickshank, Mrs M Davidson, Mr M Finlayson, Mr L Fraser, Mr R Gale, Mr A Graham, Mr J Gray, Mr T Heggie, Mr A Henderson, Mr A Jarvie (T/C), Mr B Lobban, Mr R MacDonald, Mr D Mackay, Mrs I MacKenzie, Mr S Mackie, Mr A Mackinnon, Mrs A MacLean, Mr D MacLeod, Mr D Macpherson, Mrs B McAllister, Mr H Morrison, Ms L Munro, Mr I Ramon, Mr M Reiss, Mr D Rixson, Mrs F Robertson, Mrs T Robertson, Mr G Ross, Mr P Saggers, Mr A Sinclair, Ms N Sinclair (via VC), Ms K Stephen and  Mr B Thomson.

Decision

It was AGREED that “the Highland Council notes the concern from communities, businesses and the third sector regarding the rationalisation of public conveniences across Highland in order to produce savings passed in the Revenue Budget earlier this year.

Council has committed to address the changes needed to protect Highland public toilets in a proactive and engaging way, with officers providing a range of accurate detailed reports fuelled by their experience when consulting with communities throughout the season. 

The Council looks for viable alternatives to retain as many public conveniences as possible, as well as seeking commercial aspects to provide future income to the Council and to make toilets sustainable going forward.

The Council may wish to present the report to the Council meeting in October and discuss this.

The Scottish Government has seen a significant increase in tax receipts as a result of the Highland tourism boom. The Council further agrees to lobby the Scottish Government for revenue funding for public toilets in order to adequately support tourism”.    

(iv)‘Highland Council recognises the indisputable link between Adverse Childhood Experiences and poor health outcomes in later life; commends Care and Learning officers, NHS Highland and the academic community for stimulating awareness and discussion about ACEs; urges all Members to attend a screening of the film 'Resilience' and commits Highland Council to becoming an 'ACE-Aware' Council’.

Signed: Mr R MacWilliam, Ms K Currie

During discussion, Members raised the following issues:-

• the emerging discussion on ACEs across Scotland was the starting point for stemming unnecessary ill health in adults and the proliferation of mental health disorders across the adult population; 
• reference was made to the volume of national research and development work on the correlation between adverse childhood experiences and ongoing health and wellbeing problems in adulthood which impacted on lives and on the public purse;
• there was a significant amount of work ongoing locally through the Care and Learning Service and NHS Highland to inform the Highland Practice Model, and to explore the opportunities through the community planning process to engage communities in the discussion;
• in terms of effective interventions and support in childhood, this was underpinned by the Council’s policy of Getting It Right For Every Child and its approach to the named persons policy;
• a number of Members had already attended the screening of the film ‘Resilience’ and those sessions where there had been interaction with early years practitioners had been particularly useful;
• the Council’s Head of Additional Support Services and Early Years Educational Psychologist be commended on their nationally recognised work in this area;
• while the Council had been working in this area for a considerable number of years and it was not considered a whole new approach was required, there was need to refine and add to this work to ensure it was current and refreshed; and
• a range of experiences other than neglect and abuse might contribute to ACEs such as poverty and therefore the issue was wider than the educational and social work spheres and about society as a whole and the importance therefore of this being at the forefront of work across the Council. 

Decision

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

(v)‘Tha a' Chomhairle a' cur meal-a-naidheachd air a' chòmhlan-chiùil roc Gàidhealach Runrig às dèidh 45 bliadhna de shoirbheachas, a' brosnachadh cànan is cultar na Gàidhlig is na Gàidhealtachd air feadh na h-Alba agus an t-saoghail. Thathar ag aithneachadh an tabhartais a tha iad air a dhèanamh do cheòl, a' toirt dualchas òran is sgeulachdan Gàidhlig gu luchd-èisteachd eadar-ghinealaich is eadar-nàiseanta. Thathar a' cur luach air na tha an còmhlan air cur ri beatha chultarail na Gàidhealtachd, a' toirt taing dhaibh airson iomadh neach-ciùil òg às a' Ghàidhealtachd a bhrosnachadh,  a' toirt fa-near gu bheil an còmhlan a-nis air an dreuchd a leigeil dhiubh a thaobh a bhith a' cluiche beò agus a' guidhe gach soirbheachais dhaibh anns na nì iad san àm ri teachd.  

That the Council congratulates Highland rock band Runrig on 45 years of success, promoting Gaelic and Highland language and culture throughout Scotland and the world, recognises the contribution that they have made to music, bringing the tradition of Gaelic songs and stories to an inter-generational and international audience, values the contribution the band has made to the cultural life of the Highlands, thanks them for the inspiration that they have provided to many young Highland musicians, notes that the band have now retired from live performing and wishes them every success in their future endeavours’.

Signed: Ms K Currie, Mr R Bremner
                                                         
During discussion, Members raised the following issues:-

• the annual Blas festival in the Highlands would not exist without Runrig’s contribution to the cultural and social life in the Highlands;
• the band’s pioneering music and presence on an international stage gave many young people in the Highlands confidence to express themselves in their language, music and song and a pride in their roots and place; and
• the band had a unique ability to promote Highland language and culture to an international audience over a period of 45 years and should be thanked for their contribution in this regard.     

Decision

The Council AGREED the terms of the Notice of Motion as detailed.
 
10. Multi-year Revenue Budget Planning 2019/20 to 2021/22 – Update Report
Dealbhadh Buidseit Teachd-a-steach Ioma-bhliadhna 2019/20 gu 2021/22 – Aithisg Ùrachaidh 

There had been circulated Report No. HC/27/18 dated 27 August 2018 by the Director of Corporate Resources / Depute Chief Executive.

There was a need to plan for a multi-year budget to address a potential funding gap of £66.7m over the next three years.  In particular, two risks had emerged recently, firstly a £5.1m forecast overspend in budget in the current financial year and secondly the uncertainty over the outcome of current pay negotiations. 

The Budget Leader confirmed that urgent corrective action was being taken to ensure that there was a balanced revenue budget at the end of the current financial year. Financial recovery plans prepared by Directors would be submitted to the next round of Strategic Committees. Services would be required to look at how they delivered services within available resources.  All Services had been asked to ensure that there was no unnecessary expenditure incurred. 

Continuing, the Budget Leader advised that there had been a culture within the Council that budgets must be utilised and this practice needed to stop and the emphasis must now be on trying to achieve an underspend to replenish reserves.  If there was another severe winter then there was a real risk that the Council might not be able to achieve a balanced budget and the Council could not base its financial planning on receiving additional resources from the Scottish Government for an unforeseen event.  There was a need to focus on income generation from the Council’s assets such as car parking. Next year’s budget would be equally as challenging as previous years and the three year budget plan, along with the workforce management plan, would be a crucial part of the strategy for efficient budget management.

Thereafter, Members welcomed the proposed multi-year budget and the need to increase reserves given that they were at a low level. A point was made that it was for the Administration to come forward with budget proposals and to take responsibility for these.  Opposition Groups would scrutinise those budget proposals, but would also be actively working on their own budget proposals. The view was expressed that cross party working was essential to deliver the scale of ambitious transformation programmes that are required. 

It was noted that approximately £2.6m of Council Tax income received from second homes was earmarked for affordable housing. This was in accordance with Government guidelines that stated this money could not be used to fund general services.  A view was made that any suggestion that the Council lobby government to have discretion to use this income for other purposes could not be supported as the Highlands badly needed affordable housing. However, other Members supported the view that the Council should have full discretion over the use of Council tax income. It was also suggested that the cap on Council tax increases should be lifted, so that Councils had the flexibility to increase Council tax beyond 3% to fund essential services.

It was also advised that a former Citizen’s Panel Survey undertaken by the Council showed that 61% of respondents would support a 5% increase in Council Tax if local services were protected. 

A point was raised that there was a loophole in respect of second homes whereby owners applied for a change of use and registered the property as a Bed and Breakfast, and therefore they could claim non domestic rates relief. This was an issue that required to be addressed given the loss of income to the Council and the scale of the problem needed to be identified.  

The Elected Member survey seeking views on their priority areas and the areas in which they may be prepared to see savings made was welcomed.  In the past contributions from staff had been received on this through Peer and Lean Reviews and this was important, as staff views were important and very much valued. 

While raising Council tax would raise much needed additional income this would only reduce the budget gap by a small amount.  Therefore the focus needed to be the Grant settlement from Government which had been reduced over the last few years.  The Council needed to request COSLA to lobby the Government for an increase in Grant settlement for Local Government. It would be very helpful to Local Government for long term financial planning if there was a three year grant settlement from the Scottish Government. 

The development of Service profiles which would be the basis for the budget process and that any service changes would be supported by an appraisal of costs and benefits, was welcomed.  However, it was suggested that the appraisals should be reviewed after a period of time, to check performance against the targets set and   the Council’s Audit and Scrutiny Committee may be the appropriate forum to carry out this function. 

The Programme for the Council would require to be closely linked with the budget process in order to ensure that objectives were affordable.  

A view was expressed that income was being lost by not maximising the potential from Council owned empty properties.  In this respect, there were proposals for empty janitors’ houses to be utilised to attract key public sector workers.

Consultation with the public on budget proposals was important, but however a view was expressed that public consultation on recent public convenience closures and car parking charges had been inadequate.

Given the recent ICT problems within the Council it was queried if the Council would be seeking recompense from Wipro as a result of these failures.  It was confirmed that the Council would hold Wipro to account for the delivery of IT Services. 

Decision

The Council NOTED the working assumption for the budget gap of £66.7m over the next three years, the extent to which any increase in Council Tax might meet this gap and the progress to date in addressing the budget gap.

11. Redesign of Highland Council – Update from the Board     
Ath-dhealbhadh Chomhairle na Gaidhealtachd – Aithisg Adhartais

There had been circulated Report No. HC/28/18 dated 28 August 2018 by the Chief Executive.

During discussion, Members raised the following issues:-

• it was requested that an update be provided to the Redesign Board on achievement of the outcomes that had been set following the Fostering and Adoption Lean review, particularly in regard to recruitment of foster carers;
• the Peer Expenditure Review had made excellent progress and it was anticipated that once fully rolled out across the Council this approach (subjective code) could generate significant savings;
• staff were commended for their work on the Peer Reviews which had enabled staff and Members to become much more knowledgeable of the many different functions undertaken by the Council;
• many of the larger efficiencies would require investment and patience to achieve the savings identified; and
• it was requested that the Building Trades Services Peer review be expedited in view of the level of potential savings identified and the need for maintenance issues to be addressed in a timely manner.

Decision

The Council NOTED:-    

i.    that the peer review into commissioned preventative services for children would conclude soon and the Board’s recommendations were planned to be made to the Care, Learning and Housing Committee in October 2018. The building trades peer review was well underway and was expected to conclude in the autumn. Four new peer reviews were being tasked;
ii.   that, after the first full year of Lean practice, staff had identified the positive impact of reviews as well as the support required to see them implemented well. This provided important organisational learning and would be reported fully to the Board along with a plan to unblock any Lean review implementation, especially where savings or income potential were being delayed;
iii.  that an update report on redesign and workforce implications had been viewed positively at the Staff Partnership Forum with Trade Unions;
iv.   an update of the range of redesign reviews and their budget impact as set out in Appendix 1 of the report; 
v.    that peer expenditure reviews had been agreed by the Board as a way of focusing on identifying further savings in 2018/19; and
vi.   that considerable pace and priority would be given to redesign work in order to deliver the necessary results and savings.

12. Local Governance Review 
Ath-sgrùdadh Riaghaltas Ionadail

There had been circulated Report No. HC/29/18 dated 29 August 2018 by the Chief Executive.

In discussion the following main points were raised by Members:-

• the Local Governance Review was concerned about improving lives of local people, improving outcomes, health, education, attainment and inclusion. Therefore, it was important to give all stakeholders the opportunity to contribute to the Review process, with the objective of making improvements to governance locally, to improve lives and outcomes;
• in relation to the European Charter of Local Self Government, it was explained that local government in Europe was undertaken in smaller geographical areas such as counties and municipalities and this had relevance for discussion on Local Governance for Highland as, for example, how to increase the powers of Community Councils.  Also, in terms of Local Government finance the Charter allowed Councils flexibility in the amount of taxes raised locally.  However, these powers would have to be used responsibly;
• in relation to Appendix 2 of the report, it was stated that “In the last community council elections in 2015, only 25/154 had places contested.  In all others the number of nominations matched the places available.”  It was advised that this was incorrect, as the number of nominations had not matched the places available;
• the report referred to changing the role of Community Councils and Community Councillors but concern was expressed that some Community Councillors might not wish to take on more responsibility and it might make it more difficult to attract people to join Community Councils;
• in relation to the Scottish Government’s development of the single public authority model for the three Island Authorities, if this model was successful this would replace current public sector non-elected bodies with a single democratically elected authority responsibly for public services in the Island community.  If it worked, the model could be extended to Highland.  Further, the aspirations for Local Committees needed to be enhanced so that they had more devolved powers over matters affecting their communities;
• there should be an item on a future Highland Council agenda to discuss the report of the Commission for Highland Democracy;
• the Highland Youth Parliament should be consulted on the Local Governance review;
• Community Partnerships worked well in some areas of Highland and less so in other areas. There was a need to have an in-depth look at how they worked to see how they could be strengthened and be more effective;
• to finalise the Council’s proposals for the review there should be a Members Seminar to discuss the issue;
• the structure of future local governance needed to be considered in the review;
• with reference to Community Councils, they had limited budgets to work with and they did not have professional support;
• there was a need for more joint working with the other public sector organisations in Highland; and
• there was a need to increase awareness of the review of local governance in Communities and promote the grants available to community groups to hold meetings on the issue. 

Decision

The Council NOTED:-  

i.    the launch of the Local Governance Review, its intention to enable further community empowerment and the two strands of engagement underway to inform the review;
ii.   CoSLA’s active role in developing a local authority position on the review, that the Council was supporting Strand 1 and the engagement of community bodies in the review by offering to host any regional events planned and raising the engagement questions (Appendix 1) with  Community Councils;
iii.  that the Council would respond to Strand 2 by 14 December and had provided feedback on issues and ideas identified so far to CoSLA (Appendix 2) and that there would be other opportunities to align and reinforce the Council’s position on the Local Governance Review, including supporting CoSLA’s work with the Government on the Open Government Partnership;
iv.   the ideas which had been raised so far as set out in Paragraphs 4.7 and 4.8 and Appendix 2;

and AGREED:-

v.    the process for finalising the Council’s proposals as set out in Paragraph 4.13 which would enable further discussion for Members in their Groups, in a Member Seminar, at the October Council meeting and with partners and would take into account any feedback from Community Councils and any regional events hosted by the Council as well as ideas developed through CoSLA; and
vi.   to support CoSLA’s position (Appendix 3) on the consultation response to a proposed Members’ Bill to enshrine the European Charter of Local Self Government in Scots Law.

13. Corporate Performance Report 
Aithisg Choileanaidh Chorporra 

Declarations of Interest – 

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

Mr T Heggie, Mr D Macpherson and Mr A Jarvie declared non-financial interests in this item as 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 them from taking part in the discussion.    

Mr K Gowans declared a non-financial interest in this item on the basis that a family member was employed by High Life Highland but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude him from taking part in the discussion.    

There had been circulated Report No. HC/30/18 dated 27 August 2018 by the Chief Executive.

The Director of Care and Learning reported in relation to educational attainment and advised that it was intended to report on this year’s examination performance to the next Care, Learning and Housing Committee and this would be followed up by detailed briefings for Members locally.

During discussion, Members raised the following issues:-

• a breakdown was requested on the expenditure shown in the report on school refurbishment and renovation works;
• further information was sought on the trends in respect of the pupil/teacher ratios in Highland. It was confirmed that the information for this year would be available following an audit to be undertaken later in the month; 
• the work being undertaken in relation to blended learning was welcomed, reference being made to the opportunities to grow e-learning in Highland and to take advantage of the latest technology in conjunction with other education providers in the area such as the UHI;
• in relation to barriers to access to employment, concern was expressed at specific cases highlighted in the local press where individuals had to give up employment due to the fact they could not access public transport;
• in response to the above, an update was provided on the work ongoing within the Service and around community transport to align links to the main bus routes and also seeking community support;
• the Chief Executive and Directors were thanked for their work in taking forward the Service Plans and delivering services in line with the Council’s Programme; and
• a review of the Council Programme was being undertaken and arrangements would be made to engage and consult with Members on the review in the near future.   

Decision

The Council:-  

i.     NOTED the good progress being made with delivery of the Council’s Programme for the period 1 April 2017 to 31 March 2018;
ii.    NOTED that the annual review of the Programme was underway and any amendments required (followed by an updated Corporate Plan) would be submitted to the Council by the end of December 2018; and
iii.   AGREED to await a further report on Statutory Performance Indicators and the Local Government Benchmarking Framework no later than March 2019.

14. Annual Performance Report for 2017-18 against the Local Fire and Rescue Plan for Highland     
Coileanadh mu Choinneamh Plana Seirbheis Ionadail Smàlaidh agus Teasairginn na Gàidhealtachd 2017-18     

There had been circulated Report No. HC/31/18 dated 27 August 2018 by the Local Senior Officer – Highland, Scottish Fire and Rescue Service.

During discussion, Members raised the following issues:-

• Members commended the work of the Fire and Rescue Service during a very challenging year and expressed appreciation for their response and professionalism to incidents across the Highlands.  Overall Members welcomed the report and were very encouraged by the results contained therein;
• Members welcomed the ‘can do’ attitude of the Fire and Rescue Service and a request was made for greater flexibility to enable training to be undertaken;
• although the increased number of full time fire fighters was welcomed, pleas were made for greater flexibility in regard to crew staffing levels.  It was explained that current policy required four fire fighters to attend every incident and requests were made for the crew staffing level to be reduced for minor incidents and health related responses;
• Members praised the changes implemented, especially the introduction of the smaller rapid response units which would improve access/navigation of single track roads in remote and rural areas.  It was also highlighted the unit rollout had commenced in the North Coast of the Highlands and this was appreciated;   
• Members recognised the significant support that had been made by local communities and volunteer contributions in tackling wildfires;
• a request was made for further preventative measures such as utilisation of fire suppressants units to be implemented; 
• an explanation was sought and provided as to the reason for the spike in the number of accidental dwelling fires in the Fort William and Ardnamurchan and Badenoch and Strathspey areas;
• it was felt that the educational work undertaken by the Fire and Rescue Service attending community events had had a positive impact in the reduction of deliberate fires.  However, concern was expressed that the number of False Alarms had not been reduced.  This needed to be addressed and it was suggested that there should be greater community awareness on this issue; and
• further information was sought and provided on the work undertaken by the Service in terms of prevention, particularly in regard to information/advice for students.  In addition, it was suggested that partnership work should be undertaken with young drivers and local car dealers on road safety awareness.

Decision

The Council NOTED the Scottish Fire and Rescue Service delivery and performance as contained within the Annual Report.  

15. Regional and Rural Development Policies post Brexit            
Poileasaidhean Leasachaidh Roinneil agus Dùthchail às dèidh Brexit    

There had been circulated Report No. HC/32/18 dated 27 August 2018 by the Director of Development & Infrastructure.

During discussion, Members raised the following issues:-

• Agriculture, Crofting and Land Management were hugely important to Highland as was inward migration;
• access to the European Union market was essential for Highland’s produce given the distance involved; 
• there was huge uncertainty for businesses and the economy, particularly those sectors relying heavily on subsidies.  Consequently, there needed to be a replication of existing support, whether that support came from either the Scottish or UK Government.  Both Governments needed to step up to fill the void but the Highland Council also needed to be clear as to exactly what it wanted and for this to be communicated to all Members;
• Regional policy was very important for the Highlands and Islands and therefore it was important to work collaboratively across all political parties and all local authorities and public agencies involved;
• meetings had been held with Lord Duncan, Parliamentary Under Secretary of State in the Scotland Office, and Mike Russell, Cabinet Secretary for Government Business and Constitutional Relations, the outcomes of which were outlined;
• a Members’ BREXIT Seminar was scheduled for October.  Whilst there was considerable merit for this, given the complexity of the issue, a clear steer from the UK and Scottish Governments as to future proposals was still needed; 
• calls were made for a meeting of the BREXIT Working Group to be held given the need to identify post-BREXIT lobbying, potential risks and to ensure all opportunities were maximised.  It was vital that the Highland Council prepared modelling on all likely implications;
• there were potential difficulties as a result of BREXIT in recruiting and retaining staff.  As a result, the public sector needed to look at workforce planning so it was in a position to defend itself and to be in a position of power;
• there were reports that a "hard” BREXIT would hit the Scotland’s GDP by 9%;
• calls were made for the Leader to take a lead.  In response, the Leader acknowledged the threats but also emphasised the need to maximise opportunities and to look positively to the future.  The forthcoming Highlands and Islands Leaders’ meeting would enable a common position on Regional policy to be adopted, an approach which Lord Duncan had suggested would have more chance of success; 
• there were potential implications to the Council’s Harbours’ in terms of fuel sales and landing and harbour dues, depending on if the French and Spanish boats were using UK quotas;
• in recent years there had been a growing centralisation of the funding process.  It was therefore essential to reverse this and get back as much power devolved as possible;
• even if the UK had voted to remain in the EU the existing structure of European funding would have changed.

The Council APPROVED Appendices 1-4 within the report as policy statements to inform Council lobbying post Brexit. 
             
16.  Highland Health & Social Care Annual Performance        
Coileanadh Bliadhnail Slàinte & Cùram Sòisealta na Gàidhealtachd

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

There had been circulated Report No. HC/33/18 dated 22 August 2018 by the Director of Care and Learning.

During discussion, Members raised the following issues:-

• although the Annual Performance Report would also be considered by the Care, Learning and Housing Committee, it was important that the Council also considered it given its importance;
• the Performance Report provided an opportunity for Members to become more involved;
• a Joint Improvement Plan for Adult Services was being prepared by NHS Highland and Highland Council and the priority had to be ensuring a decent spread of provision across Highland;
• the Joint Improvement Plan was an opportunity for the Council to outline the services it wanted to see provided.  It was important that the Council was clear on its expectations, outcomes and how and when it would be delivered.   There would be money associated but essentially there needed to be shift in the balance of care from acute into primary services to avoid admissions to hospital;
• this was a huge issue given the increase in life expectancy and the elderly population and a Seminar on the proposed Joint Plan would increase Members’ awareness.  At the Seminar it was important NHS Highland Board Members and clinicians were involved; and
• assurances were sought that the financial difficulties currently being experienced by NHS Highland would not put a strain on the delivery of services.  In this regard, it was important to remember that Highland Council had a responsibility to protect staff and clients.    

The Council NOTED the terms of the Annual Performance Report as circulated.          

17. Consultation on the Review of the Structure of the Scottish Local Government Pension Fund  
Sgeama Peinnsein – Co-chomhairle

There had been circulated Report No. HC/34/18 dated 27 August 2018 by the Depute Chief Executive/Director of Corporate Resources.

During discussion, Members raised the following issues:-

• 4 options had been considered by the Council’s Pensions Committee, namely, retain the current structure with 11 funds; promote cooperation in investing and administration between the 11 funds; pool investments between the 11 funds; and merge the 11 funds into one or more new funds.  In determining a proposed response, it was important to bear in mind that the Council’s Pension Fund was in a unique position of being fully funded and this should not be put in jeopardy.  Consequently, the Pensions Committee had determined the first option was the appropriate one;
• Derek MacKay, Cabinet Secretary for Finance, Economy and Fair Work, was keen for Pension Funds to be used to invest in infrastructure projects across Scotland.  Whilst this proposal had merits, a global view had to be adopted to ensure any investment ensured a positive return.  At some point the Fund might choose to follow this path but the decision to do so had to remain with the Highland Council;
• it would be unwise to merge well-performing funds with ones performing less favourably;
• as Trustees of the fund, the long term objective of the fund was to achieve the best rate of return possible and to act in the best interests of scheme members;
• some proposals had an undercurrent of centralisation; and
• the Fund Managers were commended for their success management of the Fund which had performed excellently.    

Decision

The Council:-  

i.    NOTED the Highland Council Pension Fund’s proposed response; and
ii.   AGREED that the Highland Council, as a participating employer, should also provide a separate response.       
     
18. Senior Staff Recruitment Panel   
Pannal Fastaidh Àrd-Luchd-obrach 

It was proposed that in future the recently appointed Senior Staff Recruitment Panel should be responsible for future appointments at Director level and above.

This Panel comprised the Convener, Leader, Depute Leader, Chair of the Corporate Resources Committee, Chair of the Care, Learning & Housing Committee, Chair of the Environment, Development & Infrastructure Committee, Leader of the Labour Group, Leader of the Opposition, Mr A Jarvie and Mr R Laird.  

Looking ahead, it was suggested that, rather than have specifically named representatives, the Panel comprise the Leader of the Scottish Conservative Group and a representative from the SNP Group.  However, in the interests of consistency, for the<