Agendas, reports and minutes

Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 9 May 2019 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 (v/c), Mr R Balfour, Mrs J Barclay, Mr A Baxter, Mr B Boyd, Mr R Bremner (v/c), Mr J Bruce, Mrs C Caddick, Mrs I Campbell, Miss J Campbell, Mrs G Campbell-Sinclair, Mrs H Carmichael, Mr A Christie, Dr I Cockburn, Mr G Cruickshank, Mrs M Davidson, Mr J Finlayson, Mr M Finlayson, Mr C Fraser, Mr L Fraser, Mr R Gale, Mr J Gordon, Mr K Gowans, Mr A Graham, Mr J Gray, Mrs P Hadley, Mr T Heggie, Mr A Henderson, Mr A Jarvie, Ms E Knox, Mr R Laird, Mr B Lobban, Mr D Louden, Mrs L MacDonald, Mr R MacDonald, Mr A MacInnes, Mrs D Mackay, Mr D Mackay, Mr W MacKay (v/c), Mr G MacKenzie, Mrs I MacKenzie, Mr S Mackie, Mr A Mackinnon, 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, Mrs M Paterson, Mr I Ramon, Mr M Reiss, Mr A Rhind, Mr D Rixson, Mrs F Robertson, Mrs T Robertson, Mr K Rosie, Mr G Ross, Mr P Saggers, Mr A Sinclair, Ms N Sinclair (v/c), Mr C Smith, Ms M Smith, Mr B Thompson, and Mrs C Wilson.

In Attendance:    
Chief Executive
Depute Chief Executive/Director of Corporate Resources 
Director of Development & Infrastructure
Interim Director of Care & Learning
Director of Community Services

Mr B Lobban in the Chair

Apologies for absence were intimated on behalf of Mr I Brown, Mrs M Cockburn and Ms K Currie.

Prior to the commencement of the formal business, the Convener, on behalf of the Council, welcomed Mr B Allan back to Council business and extended best wishes to Mrs M Cockburn after a period of ill health.

The congratulations of the Council were extended to the Duke and Duchess of Sussex on the birth of their son on 6 May 2019. 

Best wishes were conveyed to the Chief Executive on her birthday.   

It was NOTED that the Pre-Election period in respect of the forthcoming European Elections had now commenced.

It was also NOTED that Ms M Smith and Dr I Cockburn were now Joint Leaders of the SNP Group within the Council – with Mr R Bremner as Depute Leader.   

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:-

Item 9(i) - Mr R Laird (financial)
Item 10 - Mr A Christie (financial)
Item 13 - Mr D Louden and Mr L Fraser (both financial)

3. Presentation – Calmac/MacBraynes             
Taisbeanadh – CalMac/Mac a’ Bhriuthainn

A Joint Presentation was undertaken at the meeting (12.45pm) by Mr D Mackison, Chief Executive Officer (David MacBrayne Ltd) and Mr B Fulton, Director of Community and Stakeholder Engagement (CalMac) during which the Corporate Structure of the company was highlighted, along with the main Values of Safety, Passion, Bravery, Trust, Teamwork and Results. 

In this respect, and in presenting a map of the geographical area covered, it was confirmed that there were currently 33 ferries serving 53 ports and harbours, 50 routes providing 160,000 sailings per year, 5.2m passengers and 1.4m cars. It was also noted that CalMac was the UK’s largest ferry operator with 1700 employees and had been awarded ‘Ferry Operator of the Year’ at the National Transport Awards in 2018/19.

In summary, it was highlighted that the company had deep roots in communities and an understanding and empathy for challenges being faced by the Islands and rural areas. Also, future issues included an ageing fleet and obsolescence of technology, operational options, changing weather patterns and capacity issues.

It was confirmed that any discussion on the terms of the presentation would be undertaken during the lunch recess.

Decision

The Council NOTED the terms of the presentation as detailed.

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 March 2019 and of the Special Meetings held on 20 March and 25 March 2019 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 – which were APPROVED.

Nairnshire Committee, 13 March
Care, Learning and Housing Committee, 14 March 
Audit and Scrutiny Committee, 27 March
City of Inverness Area Committee (Special Meeting), 28 March 
Lochaber Area Committee, 10 April
City of Inverness Area Committee (Special Meeting), 25 April
Ross and Cromarty Committee, 1 May

It was also AGREED that Mr B Boyd would replace Mr R MacWilliam on the Environment, Development & Infrastructure Committee as put forward by the SNP Group.   

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

There had been circulated for information Minutes of Meeting of the Valuation Joint Board held on 25 January 2019 which were NOTED.

It was also AGREED that Mrs H Carmichael should be included as a Substitute for the Board as submitted by the Independent Group to fill the current vacancy.

7. Community Planning Board
Bòrd Dealbhadh Coimhearsnachd

There had been circulated for information Minutes of Meeting of the Community Planning Board held on 19 December 2018 (approved by the Board on 21 March 2019) which were NOTED.

8. Question Time    
Am Ceiste

The following Questions had been received in accordance with Standing Order 11 -  

(i)    Mr B Thompson

To the Chair of the Care, Learning & Housing Committee

“In light of very recent significant increases to the estimate of UK deaths due to air pollution, as well as very recent guidance from Public Health England to all UK local authorities to prioritise protecting children against the effects of air pollution, what steps is Highland Council taking to monitor and reduce air pollution in and around our schools?”

The response had been circulated.

In terms of a supplementary question, it was queried as to whether there would be a report on the roll-out of proposals in due course. 

In response, it was confirmed that a report would be submitted to the Care, Learning and Housing Committee in October 2019.  

(ii)   Mr A Baxter

To the Leader of the Council

“Will you provide an update on the roll out of car parking charges in accordance with the Change Programme which you outlined at the full Council meeting on 7th March 2019?”

The response had been circulated.

In terms of a supplementary question, it was queried why a 2 tier parking system had been introduced whereby some areas paid increased charges and other areas paid nothing. 

In response, it was confirmed that car parking charges were currently being rolled out and the situation would change as the year continued. 

(iii)  Mr A Baxter 

To the Leader of the Council

“Will you confirm where car park charging has been introduced since 1st April 2018 where no charges were previously applicable and what is the anticipated contribution from these car parks towards the £1.407 million budget saving rolled forward into the base budget for 2019/20?”

The response had been circulated.

In terms of a supplementary question, it was queried why, in terms of the original budget template in regard to Year 1 of a 5 Year Programme for the introduction of car parking charges, Members were asked to support a budget proposal under false pretences.  
In response, it was confirmed that this matter would be checked, specifically in terms of the budget template and the reference which had been made to ‘false pretences’. 

(iv)   Mr B Boyd

To the Leader of the Council

“Due to public pressure and lobbying, I am requesting you to bring a report to either the City of Inverness Area Committee or other appropriate Committee on the procedures that were followed in giving delegated planning consent to the project on the Inverness River at the commencement of the Christmas holidays 2018/19?”

The response had been circulated.

In terms of a supplementary question, it was queried why, in terms of local community engagement, Ballifeary Community Council had not been positively engaged in this process in time to submit their views within the deadline. 
In response, it was confirmed that this issue would be checked with Officers. 

(v)    Mr D Louden

To the Chair of the Environment, Development & Infrastructure Committee  

“Highland Council is facing a sharp rise in electricity charges in fiscal year 2019/20. How many of our 1,400 non-domestic buildings or areas of land have been fitted: 1) with LED lighting 2) with solar thermal, solar PV, wind or hydro technologies with or without battery storage to reduce our electricity costs?”

The response had been circulated.

In terms of a supplementary question, it was queried as to how this process would be speeded up to save money on energy bills and to help to save the planet.
In response, it was confirmed that a very successful street lighting project was underway with huge savings and further information would be provided on this in due course. 

(vi)   Mr N McLean

To the Chair of the Environment, Development & Infrastructure Committee

“Do we know if the use of ‘Roundup’ (glyphosate) used by the Highland Council has been significantly reduced as per our previous motion to Council several months ago and are the Council following their guidelines of only weed killing the verges where sightline or road safety is an issue?”

The response had been circulated.

In terms of a supplementary question, it was queried how, in terms of the photographic material produced at the meeting, children could use play equipment in certain locations without coming into contact with glysophate. 
In response, it was confirmed that this matter would be raised with Officers and a response provided in due course. 

9. Notices of Motion
Brathan Gluasaid

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

Declaration of Interest – Mr R Laird declared a financial interest in this item (i) on the basis of having a small shareholding in one of the energy firms and left the Chamber during discussion of the item.  

(i) In recent weeks one member of the “Big Six” energy firms has completed the sale of a 49.9% share in two windfarms to a windpower investment firm and an anonymous UK Pension Fund in a deal worth £635million. This values the two windfarms at a sum of £1.272billion – yes, that is billion. The public benefitted in line with its stake in the development. Our 0% stake earned us £0.

The value of the developments consented to by Highland Council’s Planning Committee approved, consented and installed runs to 4,000MW, which has a resale value of £4 million per MW, giving a total value of £16billion. The installed cost averages £1m per MW. This means developers have profited to a maximum of £12billion on projects given approval in the Highland Council area.

We live in a democracy. Housing developers know we’ll expect to share in developments. The present arrangement for windfarms has clearly failed dismally to deliver anything of any significance for our communities, except a little community benefit, which is at the developer’s discretion.  This has to change.  In the next cycle of onshore windfarm developments or windfarm reprogramming we should have the right to participate, paying our way as a partner, in the projects brought forward.

Highland Council recognises the £12billion in capital gains made by developers of windfarms and agrees to bring a report to Full Council, exploring ways in which the Council or communities can financially partner these future projects.

Signed:    Mr D Louden     Ms M Smith

During discussion, Members raised the following issues:-

• in defining the term ‘social enterprise’, it would be imperative to focus more closely in future on the potential benefits from the development of renewables and particularly the scale of capital gain which could be achieved for the area;  
• such benefits had already been recognised by others but to date the Council had not had a financial stake in this regard and this had to change;
• there was a need to bring a report to the full Council in order to fully explore ways in which the Council and communities could become financial partners in any future developments;
• financial gains by the Council through this approach would help significantly in eliminating current levels of debt;
• in terms of highlighting a possible and positive way forward for the Council to become more commercially minded, reference was made to suggestions which had been made in regard to future windfarm developments and specifically proposals for a 50/50 financial split between developers and local communities/businesses in this regard;
• it had to be noted that developers had already profited to a maximum of  £12billion on projects which had been approved in the Highland Council area but this money had not come to the Highlands and this was at a time when local communities were paying more for energy bills than in any other part of the country;
• this was a matter of public interest and as such deserved a lot more scrutiny in the future, particularly as community benefit was not even mandatory at present;
• it would be extremely helpful if consideration of this Notice of Motion could also include reference to the situation in regard to offshore wind;
• this Motion was particularly timely and not least because onshore wind was at a pivotal point and there was the potential for future applications to include reference to significantly bigger turbines. As such, there had to be discussion with companies in regard to how potential benefits were dealt with in future;
• there was general dismay at the current low level of community benefit being provided from offshore wind and disappointment with the approach being taken in relation to hydro schemes in the Highlands; and
• in any future discussions, it had to be noted that presently there was often stipulation in place that any community benefit would be restricted in future years if the current year’s benefit was not spent in full by communities.                             

Decision

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

(At this point, Mr Laird returned to the meeting)

(ii) Highland Council recognises the serious and accelerating changes to the world caused by climate change.

We commit to call together an informal group of interested Elected Members from across the Council to:-

(i)     inform ourselves on what the Council is currently doing to reduce our carbon footprint;
(ii)    revisit the Carbon Clever declaration made by the Council in 2012 with a view to updating and reinvigorating those commitments;
(iii)   consider and recommend any new targets and priorities for the Council’s Corporate Plan by June 2019;
(iv)    we realise we can achieve far less by working alone so we commit to listening to and involving Highland citizens in all that we do and to involve them in the preparation of our new carbon reduction plan; and
(v)     promptly we will target areas for behavioural change, such as plastic reduction. These areas to be selected by public consultation.

Signed:    Mrs M Davidson      Mr A Christie

During discussion, Members raised the following issues:-

• in moving the terms of the Notice of Motion, it was now also proposed to add the following wording to the end of the first sentence – “and declare a climate change emergency”; 
• there was no doubt that there was a real climate change emergency but one of the biggest concerns was that there would be a level of ‘tokenism’ in terms of addressing the issues involved and as such there was an urgent need for the UK Government to propose detailed actions to deal with this situation;
• it had to be highlighted that Highland Council had already implemented a ‘Carbon Clever Initiative’ in 2012 and the Council Leader at that time (Mr Drew Hendry) had committed to a ‘Carbon Neutral Inverness’ and a ‘Low Carbon Highlands’ by 2025 to which 100 businesses had signed up and as such it was important that this should be revisited;
• it was important that action on climate change was taken not just for the present time but more importantly for future generations;
• it should be recognised that climate change represented one of the greatest threats to national security (in terms of potential shortage of products, changes to the environment and civil disobedience) also in relation to collective democratic health and social wellbeing and as such there was a need to act now and to act quickly;
• Highland Council was doing relatively well in reducing its carbon footprint but this could always be improved and a key aspect would be encouraging behavioural change, such as changing normal modes of transport where possible;
• although the terms of the Notice of Motion were supported, it was felt that the wording could be strengthened and in this respect an amended form of words was tabled which highlighted the need to declare a ‘climate and ecological emergency’, to establish a more formal ‘Climate Change Panel’ with responsibility for the issues which had been listed and to report directly to the full Council on progress and to work towards a ‘Carbon Neutral Highlands by 2025’;
• it was a problem that many people did not believe that climate change was real and in this respect it was imperative more information was provided on what was causing it and what the implications would be of any measures put in place to tackle it, such as decarbonisation by 2025;
• there was unease about declaring this to be an ‘emergency’ and as such it was felt that the wording in the original Notice of Motion was more appropriate than what was being suggested in the tabled amended wording;
• it was accepted that future generations would not judge this period in history kindly if we did not take urgent action now;
• it would be helpful to research what was being done in other areas in this respect and also to contact the UK Government to seek the reinstatement of previous incentives in relation to renewable energy which had been withdrawn;
• there were many ‘energy intensive’ buildings in the Highlands and as such there was an urgent need to put in place practical measures to reduce our carbon footprint wherever feasible so that we could be seen to be leading by example;
• reducing the carbon footprint of any area would lead as a consequence to reduced energy bills and this would be welcomed by all;
• whilst taking account of the role of the population in respect of climate change, it was contended that nature had an equal role and this needed more research in future;
• as opposed to the proposal for an informal group of Members to consider this issue in detail, it was suggested that a formal Climate Change Panel would be much more effective in terms of recommending future actions to be taken to the full Council; and
• Highland Council had to be at the forefront of this debate and had to include both partners and businesses from across the area in order to establish the most innovative way forward. 

Thereafter, Mrs M Davidson, seconded by Mr A Christie, MOVED the terms of an amended Notice of Motion which took account of the suggested wording in relation to declaring a climate and ecological emergency, establishing a formal Climate Change Panel which would report to the full Council and working towards a Carbon Neutral Highlands by 2025.

As an AMENDMENT, Mr A Jarvie, seconded by Mr G Cruickshank, moved the wording within the original Notice of Motion.

On a vote being taken, the Motion received 58 votes and the Amendment received 6 votes, with 5 abstentions, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:
Mr G Adam, Mr R Balfour, Mrs J Barclay, Mr A Baxter, Mr B Boyd, Mr R Bremner, Mr J Bruce, Miss J Campbell, Mrs B Campbell, Mrs G Campbell-Sinclair, Mrs H Carmichael, Mr A Christie, Dr I Cockburn, Mrs M Davidson, Mr J Finlayson, Mr M Finlayson, Mr L Fraser, Mr C Fraser, Mr J Gordon, Mr K Gowans, Mr A Graham, Mr J Gray, Ms P Hadley, Mr T Heggie, Mr A Henderson, Ms E Knox, Mr R Laird, Mr B Lobban, Mr D Louden, Mrs L MacDonald, Mr R MacDonald, Mr A MacInnes, Mrs D Mackay, Mr W MacKay, Mr G MacKenzie, Mr S Mackie, Mr A Mackinnon, Mr C MacLeod, Mr D MacLeod, Mr D Macpherson, Mr R MacWilliam, Mrs B McAllister, Mr J McGillivray, Mr N McLean, Mr H Morrison, Ms P Munro, Ms L Munro, Mrs M Paterson, Mr A Rhind, Mr D Rixson, Mrs T Robertson, Mrs F Robertson, Mr K Rosie, Mr A Sinclair, Ms N Sinclair, Mr C Smith, Ms M Smith and Mr B Thompson. 

For the Amendment:
Mrs C Caddick, Mr G Cruickshank, Mr A Jarvie, Mr D Mackay, Mrs I MacKenzie and Mr I Ramon. 

Abstentions:
Mr R Gale, Mrs A MacLean, Mr M Reiss, Mr G Ross and Mr P Saggers.         

Decision

The Council AGREED the following amended Notice of Motion:-

(ii)    Highland Council recognises the serious and accelerating changes to the world caused by climate change and therefore declares a climate and ecological emergency.

The Council will establish a Climate Change Panel with responsibility for the following and reporting directly to full Council on progress:-

(i)     inform ourselves on what the Council is currently doing to reduce our carbon footprint;
(ii)    revisit the Carbon Clever declaration made by the Council in 2012 with a view to updating and working towards a carbon neutral Highlands by 2025;
(iii)   consider and recommend any new targets and priorities for the Council’s Corporate Plan by June 2019;
(iv)    we realise we can achieve far less by working alone so we commit to listening to and involving Highland citizens in all that we do and to involve them in the preparation of our new carbon reduction plan; and
(v)     promptly, we will target areas for behavioural change, such as plastic reduction. These areas to be selected by public consultation.

(iii) Council acknowledges the transformative effects that special schools have on the life outcomes and development of children who attend them. However, with fewer than 180 special school places from a total school roll of nearly 31000, there is a need to expand capacity in this area. There also appears to be particular need for specialist autism provision which many other Councils have.

At the moment, some Highland children who require this specialist education are being placed in schools up to 400 miles away from their families as Highland does not have these facilities. 

It is therefore proposed that in order to meet a demand which is only going to increase, to seek a small proportional developer contribution towards this particular area. It is anticipated the rate charged would be no more than the mid hundreds of pounds. The Planning and Development service is therefore requested to calculate this cost under the existing fair methodology for education contributions and to bring this forward as proposed supplementary guidance to the next appropriate EDI Committee. 

Signed:     Mr A Jarvie          Mr S Mackie

During discussion, Members raised the following issues:-

• it was now proposed that the original Notice of Motion should be amended to the following wording – ‘Council acknowledges the ongoing work into ASN and special school provision. The Planning, Development and Infrastructure Service is therefore requested to conduct a feasibility study into developer contribution towards special schools and to bring a report to the next appropriate Environment, Development & Infrastructure Committee’;   
• whilst acknowledging the current work being undertaken in this respect, it was suggested that there was a need to consider expanding the provision of specialist education in Highland and thanks were extended to Officers for their help advice which had been greatly appreciated in developing this proposal;
• a specialist residential autism unit had previously been considered by the Council in response to the increasing number of children going out of the Authority area to seek the support and education which they needed;
• there were many very positive examples of the benefits for children who had attended specialist units in the past;
• there had been a huge increase in children born prematurely and who required specialist and often 24 hour care and as such any feasibility study had to include detailed evidence on which any proposed action would need to be based;
• there was a need for any future services in this regard to be provided as locally as possible for the benefit of not just children but also their parents and guardians;
• this proposal had already been implemented by other Local Authorities as a sensible and prudent approach and had delivered significant benefit to those affected;
• whilst being generally supportive of the Notice of Motion, it was important to take note of the work currently being undertaken in this regard and it was suggested that it might have been more beneficial to have this considered after that work had been completed;
• there was already a great deal of excellent work being undertaken in current schools across the area and very positive results from work within an autism unit in a mainstream school;
• an area of concern would be if developer contributions were only received and used in areas where there was significant development as it was felt that any contributions had to be dealt with on a Highland wide basis;
• it would perhaps be more appropriate for a report to be submitted to the full Council on this issue (as opposed to the Environment, Development & Infrastructure Committee);
• it was also hoped that the review would take account of young adults with learning disabilities and older people who required respite care and should not just be limited to special schools. As such, it would be important to look at demographics and communities on a holistic level so that future services could be provided which were relevant and pertinent for as many people as possible;
• it was considered that one solution would not fit all and any proposed action would have to be undertaken on a Highland wide level;
• there was concern about the potential catchment area of any new building and the possibility of some children being excluded if they were outside of that area;
• it had to be recognised that the needs of every single child were different and would require different arrangements to be put in place;
• there was a need for detailed statistics as to how many children had been born in the past 2-3 years who would require specialist education;
• this would represent a very difficult task for Officers in terms of determining how future specialist education could be provided and how it could be financed as it was considered that planning gain would not be sufficient in the long term in light of the various and complex issues involved;
• in relation to establishing the level of future need, consultation with partners and stakeholders would be imperative;
• it was felt that the Notice of Motion as amended was still too narrow in scope and that any future report would have to make reference to the Council’s Capital Plan and capital investment in relation to the special school estate, alongside any issues in relation to developer contributions; and
• there was concern in relation to the link between the provision of education and the buoyancy of the property market; and 
• it was suggested that the best way forward (as an alternative to what was being proposed) was for both Members and Officers to consult with families in the first instance in order to work out exactly what was needed for their children and for a feasibility study to be undertaken thereafter.                                    

Decision

Members AGREED the following amended Notice of Motion:- 

Council acknowledges the ongoing work into ASN and special school provision.

The Planning, Development and Infrastructure Service is therefore requested to conduct a feasibility study into developer contributions towards special schools and to bring a report to a future full Council meeting.

10. Highland Partnership of NHS Highland and the Highland Council – Driving Forward Health and Social Care Integration                                                                 
Ath-sgrùdadh air Aonta Com-pàirteach le NHS 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/14/19 dated 22 April 2019 by the Chief Executive.

Prior to discussion, a Joint Presentation was undertaken by the Chief Executives of Highland Council and NHS Highland during which it was confirmed that at present a situation existed for a renewed relationship to be instigated between both organisations and that all opportunities would be taken to work more closely together in the future.

In this respect, it was highlighted that both organisations were facing similar challenges and that further joint working arrangements would be put in place to find solutions as and when they arose. As such, the recommendations within the report included a proposal for investment in the appointment of a temporary post at Head of Service level for a 9 month period in order to lead a review and present recommendations within the 2019/2020 financial year.

It was also confirmed that a further report in this regard would be presented to the December meeting of the full Council in order to keep Members fully updated.     

During discussion, Members raised the following issues:-

• in terms of the key issues of leadership and collaboration, the commitment to partnership working was welcomed and there was now a need to examine what had worked well in the past and what needed to be changed;  
• it was felt that the proposal for a new temporary post for a 9 month period represented a good opportunity to further evaluate the integration process at this point;
• there were very few Members of the Council who had been in place at the start of the integration process and it would therefore be helpful if a training event for both Council and Board Members could be arranged in due course;
• the real benefits of the joint working arrangements could be seen in communities across the Highlands and as such it was critical that ‘tailor made’ services were provided to those who needed them most in the future;
• regular consultation with Local Members across the Highland area was vital, along with a commitment to review governance and implement change in terms of accountability where necessary;
• in recognising that there would be a need to improve on the current NHS complaints procedures, it was noted that any issues in this respect should be conveyed directly to the NHS Highland Chief Executive where necessary;
• there was a need to demonstrate the political will to enable a shift in the balance of care where required and continue the improvements which were being put in place;
• the circulation to Members of the Council of a list of contact details for specific NHS Highland staff would be helpful;
• it would be important for all improvements to be monitored and measured in order that a further report could be submitted to highlight the details of how and where changes had been successfully implemented;
• with specific reference to suicide prevention, it was imperative that lessons were learned from other areas who had dealt with this issue and seen a reduction in the number of suicides, particularly in relation to young men under the age of 45;
• the proposals for increased community involvement were welcomed and in this respect it was highlighted that there was requirement for a needs based approach in future;
• there were areas of extreme rurality in the Highlands and there was a need for further information as to how potential improvements would be implemented in such areas;
• involvement of third sector colleagues would be essential to ensure the success of any future proposals; and
• in relation to the issue of suicide prevention, it was noted that NHS Highland were to consider the introduction of a Mental Health Directorate and this was welcomed.           

Decision

Members AGREED that the Council and NHS Highland should work together to prepare a draft action plan in response to the review.

It was also AGREED that the Council should invest in the appointment of a temporary post at Head of Service level for a 9 month period in order to (a) lead the review and present recommendations within the 2019/2020 financial year to enable a new partnership agreement to be signed in April 2020 and (b) to work with the Chief Executive to review and provide recommendations for the permanent resourcing of a health position within the new management structure of the Council.    

11. Corporate Plan and Improvement Priorities 2019-22     
Comharran Coileanaidh agus Comharra-mheasadh Reachdail Ionadail agus Nàiseanta 2017/18

There had been circulated Report No. HC/15/19 dated 24 April 2019 by the Chief Executive.

During discussion, Members raised the following issues:-

• the approach being taken for development of the Corporate Plan, which would enable the Council to be placed in a stronger position in future, was welcomed;
• it was felt that there could be confidence in the sustainability of this approach which would ensure connection to communities across the Highlands and  would be robustly monitored;
• this Plan provided a clear understanding of the vision of the Council and how various issues would be dealt with in future;
• in terms of clarity of ambition and direction, it would be important for Strategic Committees to ensure that priorities and actions linked with the Plan;
• it was suggested that there was a need to review the statistics which had been provided in relation to population decline across the Highlands as it was felt that the position might be more optimistic in some areas than had been projected;
• the honesty of the survey was welcomed but it was worrying to note that only 62% of Members felt that they had a good understanding of performance across the Council and this had to be improved, perhaps through further training events for Members in this respect;
• there was a need for a clear understanding as to how key performance indicators were to be improved;
• it was noted that only 83% of Members had agreed that a key aspect of their role was to scrutinise performance and challenge Officers which was disappointing as it was felt that all Members of the Council should see this as a priority;
• it was worrying that some Members had felt that the public forum and webcasting of meetings made challenge (of Officers) more difficult as it was imperative that there was no diminution of public forums/webcasting across the Council and a commitment had to be given in this regard as a matter of priority;
• it was accepted that there was a place for Seminars and Workshops within the Council but it was accepted that this should be in addition to (and not instead of) the current arrangements for public forums/webcasting; and
• it would be helpful if consideration could be given to increased input from (and engagement with) the public in respect of Council business in future.                  

Decision

Members APPROVED the draft Corporate Plan for 2019-22 and AGREED that further Member and Officer engagement was required to continue to develop and refine the Plan’s targets with further reports coming to the Council on progress with the first no later than September 2019.

It was also NOTED as follows:–

(i)    that the Corporate Plan would be updated to take account of decisions Members took in relation to the Council’s Governance Review, any amendments to the Change Programme, the Council’s approach to performance improvement and any organisational restructure;
(ii)   that the Plan would support the delivery of the Highland Outcome Improvement Plan; 
(iii)  that the Corporate Plan would be the subject of an Annual Performance Report in September each year and the first report for this Plan was due in September 2020; and 
(iv)   in addition to the further work required on measures and targets that the Plan was normally reviewed following the Annual Performance Report to Council and any changes would be submitted to Council.

12. Change Strategy 
Prògram Atharrachaidh

There had been circulated Report No. HC/16/19 dated 25 April 2019 by the Chief Executive.

There had also been tabled at the meeting an Amended Appendix to this report.

During discussion, Members raised the following issues:-

• there was a need for a further recommendation to be added to the report in regard to the Chief Executive being tasked with developing an evaluation and reporting system to provide leading indicators that the financial outcomes were being achieved and that once agree this would be reported on a regular basis to the Council;     
• in highlighting that there had to be scrutiny in place prior to action being taken, and with specific relation to the appointment of 4 additional posts through the Care, Learning & Housing Committee in relation to Sustainable Education in the Highlands whereby it had been agreed that a report would be commissioned to advise on progress but to date there had been no further feedback, it was noted that that a progress report would be submitted to the next meeting of the Committee on 29 May;
• in regard to future proposals for communication, it was imperative that communities across the Highlands were listened to and that action was taken thereafter where and when necessary;
• in regard to the proposed creation of temporary posts, there was a need for a ‘sunset clause’ be used so that any proposals to make such posts permanent were reported to Members in the first instance and a report submitted to the Council during consideration of the budget in February 2020;
• in relation to Education Transformation, it had been stated that ‘work was underway within Schools to enhance capacity to lead quality improvement work and develop improved approaches to learning and teaching’ and it was suggested that it would be helpful if examples of this work could be provided, along with further information on whether the associated training would be provided in-house or externally;
• it would be important to arrange as much in-house training as possible as public perception was that previous spending on Consultants had been too high;
• with regard to the ASN Transformation Project, any future proposals for consultation had to focus on going out to listen to communities across the Highlands and the provision of feedback thereafter;
• in terms of the proposal that the Change Fund should support the appointment of a full time Project Manager for a minimum of 9 months with the option to extend if required into the second year of the Change Strategy, it was questioned whether one full time post would be sufficient in regard to the potential workload associated with this post;
• in relation to the Visitor Levy consultation, there was a need to consult with local businesses and those who would be most affected in the first instance and that this should be undertaken along with research into what had already been put in place in this respect in other parts of the country;
• with specific reference to the original stated purpose of the Change Fund which had been agreed by the full Council in February, it was suggested that only the Education Transformation programme, ASN Project Management post and NHS Partnership Review met the relevant criteria and further consideration should be given as to whether this was the best use of funds for the other projects which had been listed in the report;
• in regard to the issues which had been raised as to further reports on the use of the Fund, and specifically the posts which were being proposed, it was noted that the intention was to report back through the Strategic Committees and to the full Council at the time of budget consideration in February 2020;
• it would be imperative that consultation was undertaken with staff members, service users and partners on the proposals where required;   
• in regard to the commitment which had been given to establish a parent and pupil advocacy resource, it was suggested that parents in Lochaber had not yet been consulted and this should be undertaken as soon as possible;
• there was concern that the proposals in relation to the Visitor Levy consultation might duplicate what was already being undertaken by the Scottish Government;
• in contrast, it was suggested that the proposals in respect of the Visitor Levy represented the best value for money in light of the potential benefits if successful for the Highlands, including enabling improvements to infrastructure and the environment, and that there was a need for a detailed consultation exercise to be undertaken with local hotels and businesses; and
• in terms of communication in future, there had to be an authoritative and instant response where inaccurate information concerning the Council appeared in the local press and on social media.

Thereafter, Ms M Smith, seconded by Dr I Cockburn, MOVED the recommendations within the report in respect of the ASN Project Manager, the establishment of a parent and pupil advocacy resource (£11k), the inclusion of young people as key stakeholders in shaping the Council’s transformation of inclusive practice (£11k) and the NHS Senior Health post only.

As a FIRST AMENDMENT, the Convener, seconded by Mr A MacKinnon, moved all of the recommendations within the report – together with the proposal for the Chief Executive to be tasked with developing an evaluation and reporting system to provide leading indicators that the financial outcomes were being achieved and that once agreed this would be reported on a regular basis to the Council. 

As a SECOND AMENDMENT, Mr A Jarvie, seconded by Mr S Mackie, moved that the recommendations within the report should be agreed – with the exception of the Visitor Levy consultation/proposals (£23k) and the proposals for Enhanced Communications (£60k). 

On a vote being taken between the First Amendment and the Second Amendment, the First Amendment received 38 votes and the Second Amendment received 14 votes, with 19 abstentions, the votes having been cast as follows:-

For the First Amendment:
Mr G Adam, Mr R Balfour, Mrs J Barclay, Mrs C Caddick, Miss J Campbell, Mrs B Campbell, Mrs H Carmichael, Mr A Christie, Mr G Cruickshank, Mrs M Davidson, Mr J Finlayson, Mr M Finlayson, Mr L Fraser, Mr R Gale, Mr J Gordon, Mr A Graham, Mr J Gray, Mr T Heggie, Mr B Lobban, Mr R MacDonald, Mrs D Mackay, Mr W MacKay, Mr A Mackinnon, Mrs A MacLean, Mr D Macpherson, Mrs B McAllister, Mr H Morrison, Ms L Munro , Mrs M Paterson, Mr M Reiss, Mr A Rhind, Mr D Rixson, Mrs T Robertson, Mrs F Robertson, Mr G Ross, Ms N Sinclair, Mr B Thompson and Ms C Wilson.

For the Second Amendment:
Mr J Bruce, Mr A Jarvie, Mr R Laird, Mrs L MacDonald, Mr D Mackay, Mrs I MacKenzie, Mr S Mackie, Mr D MacLeod, Mr R MacWilliam, Mr J McGillivray, Mr I Ramon, Mr P Saggers, Mr A Sinclair, and Mr C Smith. 

Abstentions:
Mr B Allan, Mr A Baxter, Mr B Boyd, Mr R Bremner, Mrs G Campbell-Sinclair, Dr I Cockburn, Mr C Fraser, Mr K Gowans, Ms P Hadley, Mr A Henderson, Ms E Knox, Mr D Louden, Mr A MacInnes, Mr G MacKenzie, Mr C MacLeod, Mr N McLean, Ms P Munro, Mr K Rosie and Ms M Smith.

On a subsequent vote being undertaken between the Motion and the First Amendment, the Motion received 22 votes and the First Amendment received 48 votes, with 1 abstention, and the FIRST AMENDMENT was therefore CARRIED, the votes having been cast as follows:-

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

For the First Amendment:
Mr G Adam, Mr R Balfour, Mrs J Barclay, Mr J Bruce, Mrs C Caddick, Miss J Campbell, Mrs B Campbell, Mrs H Carmichael, Mr A Christie, Mr G Cruickshank, Mrs M Davidson, Mr J Finlayson, Mr M Finlayson, Mr L Fraser, Mr R Gale, Mr J Gordon, Mr A Graham, Mr J Gray, Mr T Heggie, Mr A Henderson, Mr A Jarvie, Mr B Lobban, Mr R MacDonald, Mrs D Mackay, Mr D Mackay, Mr W MacKay, Mrs I MacKenzie, Mr S Mackie, Mr A Mackinnon, Mrs A MacLean, Mr D Macpherson, Mrs B McAllister, Mr H Morrison, Ms L Munro, Mrs M Paterson, Mr I Ramon, Mr M Reiss, Mr A Rhind, Mr D Rixson, Mrs T Robertson, Mrs F Robertson, Mr G Ross, Mr P Saggers, Mr A Sinclair, Ms N Sinclair, Mr C Smith, Mr B Thompson and Ms C Wilson.

Abstention:
Ms P Hadley.               

Decision

The Council AGREED:-

(i)    that the six priority areas for expenditure from the second phase of the Change Fund would be: Education Transformation, ASN project management and parent and pupil advocacy, Visitor Levy consultation, NHS Partnership Agreement Review, Catering and Cleaning Peer Review and Enhancing Communications;
(ii)   that support for these projects would be provided through a combination of the Change Fund and the re-prioritisation of existing in-house resources; and
(iii)  a total sum of £0.307m (pro rata) for expenditure against the six areas as detailed in Sections 5 and 6 and in Appendix 1 to the report.

It was also AGREED that the Chief Executive should be tasked with developing an evaluation and reporting system to provide leading indicators that the financial outcomes were being achieved and that, once agreed, this should be reported on a regular basis to Council.     

13. Redesign Update 
Cunntas às Ùr mu Ath-dhealbhadhA 

Declarations of Interest – Mr D Louden and Mr L Fraser declared financial interests in this item on the basis of having undertaken work for specific companies which had been listed and left the Chamber during discussion.

At this point, Mr D Louden left the meeting.  

There had been circulated Report No. HC/17/19 dated 2 May 2019 by the Chief Executive.

In this regard, there had also been circulated Minutes of Meetings of the Redesign
Board held on 26 March, 23 April and 1 May 2019.

During discussion, Members raised the following issues:-

• there was a need to thank all those involved in the work which had been undertaken as this had been a very difficult piece of work, especially in relation to compilation of the baseline information on costings;  
• it would be important for future work to focus on improvements to structures, processes and systems in terms of delivering savings, becoming more efficient and making it easier for staff to do their jobs;
• consideration should be given to speaking to previous post holders if possible in order to learn lessons from their experience; and
• there was a need to address current issues whereby large amounts of travel time were involved in certain jobs, perhaps by employing local tradesmen in local areas where this was feasible.  

Decision

Members APPROVED the Minutes of the Redesign Board and NOTED the progress on Council Redesign work.

Members also AGREED the Board’s recommendations of the Agency and Temporary Workers Peer Review and, in respect of Trade Services, to the recommendation to establish a multi-supplier framework via an Open Procedure as considered by the Board at its meeting on 1 May 2019.

(At this point, Mr Louden returned to the meeting).

14. Electoral Review of Island Council Areas 
Ath-sgrùdadh Chrìochan Ùghdarrais Ionadail

There had been circulated Report No. HC/18/19 dated 29 April 2019 by the Chief Executive.

During discussion, Members raised the following issues:-

• whilst the proposals in the report focused on a Council response, individual Members and Groups within the Council were also entitled to submit their own responses if they so wished;  
• it was felt that the Council had been ‘behind the curve’ in previous years when the Boundary Commission had undertaken consultation with Island Council areas and as such there was need to change this in future;
• it was considered that the issues of ‘remote’ and ‘rural’ should have been  included in the Islands Bill;
• there was a need for early engagement with the Boundary Commission on the principles to be followed in future reviews; and
• the unintended consequences of what was being proposed within the report was a concern, particularly in regard to any future changes which could perhaps adversely affect remote and rural areas in particular, and as such it would be beneficial in the first instance for discussion to be undertaken between the Leader of the Council and interested Members in order to inform any future discussion or correspondence with the Boundary Commission.   

Decision

It was AGREED that an early meeting should be arranged between the Leader and those Members who were interested in further discussing this issue.

15. 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 March 2019 was available in the Members’ Library and on the Council’s Website.

16. Exclusion of the Public
Às-dùnadh a’ Phobaill

The Council AGREED that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public should be excluded from the meeting for the following item on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 1 of Part 1 of Schedule 7A of the Act.

17. Organisational Structures
Structaran Eagrachaidh

There had been circulated to Members only Confidential Report No. HC/19/19 dated 9 May 2019 by the Chief Executive.

Decision

Following private discussion, the Council AGREED the recommendations as detailed in the report.

The meeting ended at 5.50pm.