Agendas, reports and minutes

Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 27 June 2019 at 10.35am.

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

Present: 
Mr G Adam, Mr R Balfour, Mrs J Barclay, Mr A Baxter (V/C), Mr R Bremner, Mr I Brown, Mr J Bruce, Mrs C Caddick, Mrs I Campbell, Miss J Campbell, Mrs G Campbell-Sinclair, Mrs H Carmichael, Mr A Christie, Mr 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 J Gordon, Mr K Gowans, Mr A Graham, Mr J Gray, Mr T Heggie, Mr A Henderson (V/C), 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, Ms A MacLean, 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, Ms P Munro, Mrs M Paterson, Mr I Ramon, 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 , Mr C Smith, Ms M Smith, and Mr B Thompson.

In Attendance: 
Chief Executive 

Mr B Lobban in the Chair

Apologies for absence were intimated on behalf of Mr B Allan, Mr B Boyd, Ms P Hadley, Mr C MacLeod, Mr M Reiss and Mrs C Wilson. 

At the start of the meeting, the Convener welcomed Ms Cheryl Mechan and confirmed that she would be demonstrating the use of British Sign Language during the first four items of business.

The Council also extended their congratulations to Mr M Finlayson and his wife on the occasion of their Golden Wedding Anniversary.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:-

Item 4 – Mr A Jarvie, Mr T Heggie, Ms L Munro, Mrs I MacKenzie, Mr D Macpherson and Mr K Gowans (all Non-Financial)
Item 6 – Mr A Christie (Financial)
Item 15 – Mr A Christie (Financial)
Item 18 – Mr A Christie (Financial)
Item 20 – Mr A Jarvie, Mr A Christie and Mr P Saggers (all Non-Financial) 

3. Comendation-Staff members  
Moladh – Buill luchd-obrach

The Convener advised the meeting that it had been brought to his attention that two members of staff had recently performed life-saving CPR in two separate incidents. 

In this regard, both members of staff had asked not to be named and had declined an invitation to attend the meeting as they felt that they had only done what anyone else in their positions would have done at the time.

It was however recognised that two members of the public were still alive thanks to their quick response on both occasions and as such it was requested that the thanks and gratitude of the whole Council should be conveyed to them.    

4. Duke of Edinburgh Award Scheme – Gold Award Presentation
Sgeama Duais Diùc Dhùn Èideann – Toirt Seachad na Duais Òir

Declarations of Interest - Mr A Jarvie (Board Member of High Life Highland and the Highland Award Project), Mr T Heggie (Board Member of High Life Highland), Ms L Munro (Board Member of High Life Highland), Mr D Macpherson (Board Member of High Life Highland), Mrs I MacKenzie (Board Member of the Highland Award Project) and Mr K Gowans (family member employed by High Life Highland) declared non-financial interests in this item but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude them from taking part in the discussion.   
  
It was NOTED that, as part of the Duke of Edinburgh Award Scheme, sixty one young people from across the Highlands were due to receive the Gold Award in the current year.

In this regard, the Convener presented Gold Award badges to the following eighteen recipients who were present at the meeting:-

Alan Cruickshank (Culloden Academy)
Lauren Forbes (Dornoch Academy)
Roderick MacRae (Gairloch High School)
Eilidh Johnston (Gairloch High School)
Joanna Crane (Grantown Grammar School)
Katrina McGougan (Grantown Grammar School)
Mackenzie Stewart    Brown (Inverness Royal Academy)
Sophie Douglas (Inverness Royal Academy)
Gregor Jackson (Inverness Royal Academy)
Gregor King (Inverness Royal Academy)
Emma McBride (Inverness Royal Academy)
Cameron McCheyne (Inverness Royal Academy)
Finlay    Sutherland (Inverness Royal Academy)
Fergus Wilson (Inverness Royal Academy)
Shona     Beveridge (Milburn Academy)
Lauren Cameron (Nairn Academy)
Isabella Gordon (Nairn Academy)
Harry Jack (Nairn Academy)
Ainslie MacDonald (Culloden Academy)

5. Performance against the Highland Local Policing Plan 2017-20
Aithisg Choileanaidh Bhliadhnail a’ Phoileis

There had been circulated Report No. HC/20/19 dated 18 June 2019 by the Chief Superintendent for the Highlands & Islands.   

During discussion, Members raised the following issues:-

• thanks should be conveyed to Officers for the excellent partnership working which had been undertaken across a range of issues, particularly at a local level, which was very appreciated;   
• there was a need for further information to be provided in regard to drug deaths and in this respect it was noted that significant work was currently being undertaken within schools and through increased enforcement activity;
• increased community planning partnership involvement was needed in future, particularly in relation to addressing mental health issues;
• more action was also required in terms of identifying the opportunities available to eliminate hate crime wherever possible;
• recruitment of Officers in rural areas was still considered to be a problem although it was noted that there were currently secondment arrangements in place throughout the Highlands where and when needed;
• the actions being taken around the prevention of vandalism and common assault were welcomed;
• more information and activity was needed in regard to stop/searches if possible;
• Officers should be commended for the excellent work being undertaken in Inverness City Centre which had made a significant and positive difference in recent months; and
• there was a need for further information on incidents of drink/driving and differentiation between this and drug/driving in future reports.    

Decision 

The Council NOTED the Local Performance Report against the Highland Policing Plan Objectives April 2018 – March 2019 as circulated. 

6. Suicide Prevention 
Bacadh air Fèin-mhurt

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 Joint Report No. HC/21/19 dated 12 June 2019 by the Chief Executive, Highland Council, and the Chief Superintendent for the Highlands & Islands on Suicide Prevention.

During discussion, Members raised the following issues:-

• there was a need to commend the content of the report, particularly in terms of the ‘grass roots’ approach to be followed in addressing the increasing number of suicides, both nationally and locally;
• it should be noted that the Shetland area did not reflect the national and local statistics and there was a need to examine and learn lessons from what was currently in place in that location; 
• in terms of the complexity of the issues involved, it was vital to understand the circumstances which often led to suicide;
• there was particular concern in relation to the high number of male suicides in the Highlands;
• it would be important to study and learn from the research being undertaken by Glasgow University;
• it was important to note that this was not exclusively a health problem as there were often many other factors involved and prevention was key above all else;
• it should be highlighted that there were apps currently available which could provide help and support and these needed to be publicised more widely if possible;
• in relation to the proposed needs assessment focused on suicide prevention, it would be particularly important to review the proposal for data analyst time (which was to be made available by both Highland Council and Police Scotland with funding from the Change Fund) in terms of assessing whether the proposed £15k was sufficient to carry out this work;
• the recent Mental Health Seminars had been very helpful in understanding the issues involved and in informing the proposals to be taken forward;
• the increase in the number of suicides in the Black Isle area in particular in recent months was very concerning;
• as well as prioritising early detection, it was imperative to address the issues of stigma often associated with suicide;
• a recent initiative in setting up a ‘Conversation Café’ had been very successful and it was hoped that this could be replicated wherever possible;
• it would be especially important to take forward increased community partnership work on this issue in future;
• other areas across the world currently had a ‘zero suicide’ policy in place and it was very important that lessons were learned in this regard; and
• in addition to all the issues which had been raised, it was vital that there was a recognition that the Council had to address current policies and working practices to ensure that these were changed if necessary if they were inadvertently causing increased or additional hardship to vulnerable members of society.        

Decision

The Council NOTED the current national and local context for suicide prevention activity and AGREED the proposal to take forward a piece of research to better understand the current evidence base and experience of suicide in Highland.

7. Promoting Wellbeing

a) Mental Health & Wellbeing Action Plan

There had been circulated Report No. HC/22/19 dated 12 June 2019 by the Acting Head of Policy.

During discussion, it was highlighted that, as part of the proposed action in relation to stress and the promotion of wellbeing amongst staff, it was vital that the issue of bullying was taken seriously and addressed as a high priority.  

Decision

Members AGREED the Mental Health and Wellbeing Action Plan and NOTED that ongoing monitoring of the plan would be through the Council’s Poverty and Inequality Working Group and appropriate Strategic Committee as identified through the Governance Review. 

b) Employee Assistance Programme

There had been circulated Report No. HC/23/19 by the Head of People & ICT.

During discussion, Members raised the following issues:-

• there was strong support for the introduction of this Programme which would benefit the Council and individuals whilst also representing value for money and the basis for preventing poor mental health;    
• the provision of a 24 hour confidential helpline was particularly relevant and it was suggested that the issue of legal advice should also be investigated;
• it was important that Council Managers were well prepared to identify instances of inappropriate behaviour from the outset;
• it had to be recognised that there were many different management styles across the Council which could result in different outcomes;
• it was noted that Staff Forums had already been undertaken across the Council and that Training Courses were in place for staff if needed;
• it was vital to recognise that many treatment programmes could be very intensive and necessitate prolonged periods away from work for some employees. As such, this had to be managed properly, both for the individual concerned and for those employees required to cover an individual’s work schedule whilst they were attending such programmes. Above all, it had to be highlighted that any individual should not be made to feel in any way or at any time that they had to put their Council responsibilities above their own mental health;
• it was especially important to note that a decreasing  workforce with ever greater demands on workload represented the potential for stress within the workplace and Elected Members had to be aware of this when introducing new policies and making decisions which would have resource implications;
• the emphasis had always to be on supporting and retaining staff wherever possible;
• it was noted that a report would be submitted to the next meeting in September in relation to staff governance and this would also focus on wellbeing, review and development, peer reviews and support in rural areas; and
• it was imperative to bring about a culture change in relation to the current stigma and fear often associated with seeking counselling for mental health related conditions.

Decision

The Council APPROVED the proposal to undertake a procurement exercise for an Employee Assistance Programme (EAP) for use by staff and Members in the Highland Council which would offer telephone counselling support as well as Internet based support and information. The contract would be on a contract price base rather than pay as you go.

The Council also AGREED:-

(i)     that this be undertaken quickly by leveraging the procurement exercise recently undertaken by Aberdeen City and Aberdeenshire; and
(ii)    that once in place the use of other counselling services be inhibited to offset the cost of the EAP.  

8. 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 10 May 2019 as contained in the Volume which had been circulated separately - which were APPROVED.

9. 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 as contained in Volume which had been circulated separately as undernoted:-

Caithness Committee, 15 May
Environment, Development and Infrastructure Committee, 16 May 
Badenoch and Strathspey Area Committee, 20 May
Sutherland County Committee, 22 May
Corporate Resources Committee, 23 May 
Care, Learing and Housing Committee, 29 May 
City of Inverness Area Committee, 30 May
Caithness Committee (Special Meeting), 30 May
Isle of Skye and Raasay Committee, 3 June
Nairnshire Committee, 12 June
Audit and Scrutiny Committee, 13 June

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

Corporate Resources Committee, 23 May

PP.142-145: Item 5: Corporate Revenue Near Final Monitoring Report for 2018/19 

AGREED that clarification should be sought on the second bullet point within this item whereby it had been stated that ‘only £680k of the total deficit would be met from reserves with the remaining amount funded from non-earmarked budgets’.  

Care, Learning and Housing Committee, 29 May

*Starred Item: Item 15: PP 149-162: Closure of Altnaharra Primary School

AGREED that education at Altnaharra Primary School be discontinued and its catchment area divided between those of Tongue Primary School, Farr Primary School and Lairg Primary. 

*Starred Item: Item 18: PP 149-162 Review of the Statutory Consultation Exercise to establish a Gaelic Medium catchment area for Ullapool Primary School 

AGREED the creation of a Gaelic Medium catchment for Ullapool Primary School. 

Community Planning Board - there had also been circulated Minutes of Meeting of the Community Planning Board held on 21 March 2019 (approved by the Board on 20 June 2019) which were NOTED.

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

There had been circulated Minutes of Meeting of the Valuation Joint Board held on 29 March 2019 (submitted to the Board on 21 June) which were NOTED.

11. Membership of Committees, etc
Ballarachd Chomataidhean, msaa

The Council AGREED the following – 
Environment, Development & Infrastructure Committee – Mrs H Carmichael to replace Mrs J Barclay as put forward by the Independent Group.

Care, Learning & Housing Committee – Mrs G Campbell-Sinclair to replace Ms K Currie as put forward by the SNP Group.
  
NHS Health & Social Care Committee – Ms L Munro to replace Mr R MacDonald.

It was also NOTED that Mr A MacKinnon was now the Depute Leader of the Independent Group within the Council.

ADDITIONAL URGENT ITEM 

At this point in the meeting, and in line with Standing Order 8, it was advised that the Convener had agreed that the following should be considered as an urgent item of business:-

Air Passenger Duty

There had been circulated Report No. HC/34/19 dated 26 June 2019 by the Director of Development & Infrastructure which confirmed that the UK Government had recently undertaken a consultation into its Aviation 2050 Green Paper during which the Independent Consultative Committee which advised Aberdeen International Airport had suggested that there should be greater parity between that Airport and Inverness Airport through either extending the Air Passenger Duty Exemption to Aberdeen or abolishing it on flights from Inverness to destinations outside the Highlands and Islands area.

In this regard, it was noted that passengers flying from airports in the Highlands and Islands had been exempt from Air Passenger Duty since 2000 in recognition of the reliance on air transport in the only UK region at that time to have a population density of less than 12.5 people per square km. Also, independent research in 2018 had concluded that if this exemption was removed and a duty applied to outbound flights from Inverness, airlines would pass on the charge in full to their passengers or alternatively pass on some of the charge and treat the rest as a cost their business could bear. 

In the context whereby airlines already faced a challenge in developing and sustaining certain types of route at Inverness due to the catchment area’s small population and business base, it was considered that any impact would be significant.

Also, the Scottish Government, in committing to continuing to work with the UK Government and the Air Departure Tax Highlands and Islands Working Group to find a solution, had confirmed that air connectivity was critical for the Highlands and Islands and the existing exemption had to remain in place to protect remote and rural communities.             

Decision

The Council AGREED to support the continuation of the exemption from UK Air Passenger Duty for flights departing from airports in the Highlands & Islands.

It was also AGREED to continue working with partners in HiTRANS to present the case of the need for and benefit arising from an exemption from the current UK Air Passenger Duty and any successor duty. 

12. Question Time    
Am Ceiste

The following Questions had been received by the Depute Chief Executive/Director of Corporate Development in terms of Standing Order 11 –

(i) Mr J McGillivray 

To the Leader of the Council 

“The Highland Council is a participant in a number of Limited Liability Partnerships (LLP).  It would be informative to be reminded as to the purpose of each LLP and who the other partners are in each case, if any, and what financial stake does Highland Council have in each LLP?

The response had been circulated.

In terms of a supplementary question, it was queried whether any information or report would come back to the Council to summarise the activities of the LLPs in which Highland Council was a participant.

In response, it was confirmed that this issue would be checked with Officers.

(ii) Mr J McGillivray 

To the Chair of the Corporate Resources Committee

“What are the current best estimates for present total Highland Council debt and the annual financial commitment required to service this debt?”

The response had been circulated.

In terms of a supplementary question, it was queried whether an annual report which detailed capital spend in area would be forthcoming.

In response, it was confirmed that a report would be submitted to the September Council meeting regarding capital spend.

(iii) Mr J McGillivray 

To the Leader of the Council

“The move to consultation on the closure of Stoer Primary School will mean that shortly Highland Council will have shut down 4 Sutherland schools in 3 years. This raises the spectre, if not yet the substance, of another era of Sutherland Clearances. What substantive plans does the Administration have to bring about a regeneration of the extremely fragile Sutherland economy?”

The response had been circulated.

In terms of a supplementary question, it was queried as to what the Administration would do to assist the Sutherland Partnership who had focus but no money.

In response, it was confirmed that discussions would take place to investigate ways in which to raise additional monies for Sutherland.

(iv) Mr S Mackie 

To the Leader of the Council

“Given the Scottish Government’s announcement that the R100 programme to deliver complete access to 30Mbps internet to every home and business in Scotland’s most remote communities by the end of 2021 is set to be missed by at least one year, what communication has the Scottish Government had with the Highland Council prior to Mr Wheelhouse’s announcement in Parliament?”

The response had been circulated.

In terms of a supplementary question, it was queried what measures the Council was taking, given its seat on the Digital Highland Programme Board, in holding those responsible for the R100 programme to account and ensuring that the last of the Council’s constituents would be in receipt of fast reliable broadband.    

In response, it was confirmed that the procurement had been delayed and this had led to the whole project being delayed. There was also a lack of communication in how far the programme would reach and the areas in which the Council could spend the City Region Deal money so that full coverage could be achieved. 

(v) Mr S Mackie

To the Chair of the Environment, Development & Infrastructure Committee

“Official Highland Council guidance indicates that, unless extended, successful Community Asset Transfer requests should be completed by the Local Authority within a nine months’ timeframe.

The Thurso Heritage Society, whose asset transfer request of the former Pavilion building on Beach Road was agreed in 2018, have waited over a year and a half for their transfer to be conducted, with our service citing significant pressures on our legal staff.

Given that as a result of the delays the Thurso Heritage Society have been unable to apply for appropriate funding or begin work on making the pavilion their permanent home, what reassurances can the Administration give that the Highland Council has the commitment and the capacity required to process worthy requests in line with our own published guidance?”

The response had been circulated.

In terms of a supplementary question, it was queried whether the Chair could ensure that the Council reviewed the applications currently in process, that a revised and realistic service level for future applications was communicated to those who were going to apply and, to this effect, that Officers provide the Thurso Heritage Society with a reasonable deadline for their completion so that they could apply for funding. 

In response, and in giving assurance in this regard, it was confirmed that the appointment of two new Solicitors would assist with this work and that the Thurso Heritage Society would be advised accordingly.

(vi) Mr A Jarvie

To the Chair of the Care, Learning & Housing Committee

“Can you provide a compilation of the percentage of children with level 3 and 4 ASN needs by each Local Committee area?”

The response had been circulated.

In terms of a supplementary question, it was queried as to why this was the first time that Members were being advised of the real figures in this respect and what reassurance could be offered that the multi-million pound cuts being made to this area would not affect these children. 

In response, it was confirmed that, despite the reductions being made, there were still over 1000 Pupil Support Assistants working in schools (750FTE) and over 200 ASN teachers. In terms of supporting young people, and as had been previously advised as part of the Transformation Programme, the Council were looking at training and how both Head Teachers and Class Teachers could be supported.  

(vii) Mr A Jarvie

To the Chair of Care, Learning and Housing

“How many children in Highland, with either identified or suspected additional support needs, are currently unable to or do not attend school on less than a quarter timetable?”

The response had been circulated.

In terms of a supplementary question, it was queried as to how more accurate and in depth data could be collated on children attending school on less than a quarter timetable. 

In response, it was confirmed that this would be investigated with a view to providing the data requested. 

(viii) Mr R Gale

To the Chair of the Environment, Development & Infrastructure Committee

“From the information that we are often provided with it would be reasonable to conclude that there has been a significant underinvestment in maintaining our schools. That being the case, and in light of the limited capital programme to replace schools that are in poor condition, what measures are being put in place to ensure that repairs are being carried out across the School estate in order to make our schools a safe and healthy place for Highland pupils?”

The response had been circulated.

In terms of a supplementary question, it was queried as to what measures were being put in place to urgently remedy the failures in health and safety compliance, specifically in regard to electrical repairs in schools and the 71 properties which had been identified as having serious water safety contamination. 

In response, it was confirmed that safety was always the highest priority and that works were currently being urgently undertaken in this regard.

(ix) Mr P Saggers

To the Chair of the Environment, Development & Infrastructure Committee

"The planning approval for the Longman Waste Plant is to be welcomed. Can you confirm whether or not the plant will be in operation to meet the January 1st 2021 deadline?"

The response had been circulated.

In terms of a supplementary question, it was queried as to whether an estimate could be provided of the additional costs, specifically in relation to categories of landfill tax, transport costs, and gate charges levied by other waste management facilities which would be incurred after 2021, together with the date when it was expected the Longman Waste Plant would be operational. 

In response, it was confirmed that this information was not currently available but that further information had been contained in the report at Item 19 on the agenda - Update on the Council’s long-term arrangements for managing its residual waste.

(x) Mr R Laird

To the Chair of the Corporate Resources Committee

“How many jobs has the Council advertised in the last six months at less than the National Minimum Wage?”

The response had been circulated.

In terms of a supplementary question, it was queried as to how, in light of the response which had been provided, the Council had in fact recently advertised a Primary School Support Worker post and a Cleaner’s post at an hourly rate which was below the national minimum wage.  

In response, it was confirmed that an immediate investigation would be instructed into this matter and a response provided for Members. 

(xi) Ms E Knox

To the Chair of the Care, Learning & Housing Committee 

“On 16 May, the Stagecoach school bus services to Nairn Academy, Dingwall Academy and Culloden Academy were all at least 20 minutes late. Stagecoach reported that these delays were due to "vehicle unavailability in the depot".
On 17 May, the Stagecoach school bus from Beauly to Charleston was 20 minutes late. On 22 May, the Beauly to Charleston bus was delayed by 20 minutes again. On 23 May, the Beauly to Charleston bus was delayed by 30 minutes.
There were crucial Higher and National 5 exams on these dates and the delays were highly disruptive and distressing to pupils.  
What efforts are being made to enforce the terms of the Highland Council's School bus service contract with Stagecoach and ensure that our young people get to school on time and how is information about delays and timetable changes communicated to parents?”

The response had been circulated.

In terms of a supplementary question, it was queried as to whether, given recent concerns expressed about buses based at the Stagecoach depot in Inverness, the Council should conduct random inspections of school buses to ensure that children were being transported safely to school.

In response, it was confirmed that the Leader of the Council had contacted the Traffic Commissioner in this regard. There was also a need for closer scrutiny of Stagecoach school transport and the potential to introduce regular inspections of school buses would be considered.  

(xii) Mrs G Campbell-Sinclair

To the Leader of the Council

“2019 is the focal year of the International Year of the Salmon with research and outreach continuing until 2022
Environmental change and human impacts across the Northern Hemisphere are placing Salmon at risk.  The International Year of the Salmon aims to bring people together to share and develop knowledge more effectively, raise awareness and take action.
The Scottish component of IYS 19 was launched by the Scottish Government in October 2018, and the Scottish Government has committed to working with partners, to create a greater awareness of the ecological, social, cultural and economic value of salmon 
Atlantic Salmon populations across their range are in a serious and consistent decline, yet this important and fascinating species has a relationship with humankind stretching back into prehistory.
The importance of Wild Atlantic Salmon to the Highlands is undisputed.  However phenomena such as climate change, acid rain, predation at sea, disease and sea lice infestation as a result of commercial salmon farming have taken their toll.
Measures such as restocking and catch limits have been put in place locally, nationally and globally, but with little or no effect.  In short the sustainability of Wild Atlantic Salmon is at a critical point. 
The Wild Atlantic Salmon has a strong association with Scotland, and in particular with the Highlands.  The species is embedded and vitally important to both our culture and fiscal economy, but time is running out fast.
Will you recognise that this is a very serious issue and agree for Highland Council to call for, and organise, a Highland Seminar to include stakeholders and partners from Governmental, Education, Conservation and Angling interests as a matter of urgency?”

The response had been circulated.

(There was no supplementary question).

(xiii) Mr A Baxter

To the Chair of the Environment, Development & Infrastructure Committee

“What is your assessment of the effectiveness of the routine use of weedkiller treatment on grassed areas instead of a cutting and strimming regime?

The response had been circulated.

In terms of a supplementary question, it was queried as to why the Council was still pursuing a ‘scorched earth’ policy which was leaving many grassed areas with more dead grass than living and this was within a few feet from a ‘jungle of weeds’ covering roads and pavements.  

In response, it was confirmed that, following the last debate on the use of herbicides, work had been undertaken early and at the correct time. However, If evidence was available in respect of work not correctly undertaken, this should be provided for the appropriate Officials. 

(xiv) Mr A Baxter

To the Chair of the Care, Learning & Housing Committee:

“What is your assessment of the use of generic teacher interviews as a tool for workforce planning and its impact on staff morale in our schools?”

The response had been circulated.

In terms of a supplementary question, it was queried as to how the Council currently engaged with Primary School Teachers, particularly at the end of their probationary period, on the basis that the process should hear their views and reduce the stress and lack of morale within the current system when probationary teachers were sometimes left in limbo at the end of the school year. 
    
In response, it was confirmed that this was a process which did need review, particularly with a view to recruiting staff, as in the current year over 100 people had gone through the process but only 30 had been appointed due to various staffing reasons.

13. Notices of Motion
Brathan Gluasaid

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

(i) That, from December 2019, Highland Council meetings include a 20 minute time allocation for questions from members of the public. 

That the Chief Executive drafts the necessary changes to Standing Orders to accommodate the following intentions - each member of the public is permitted to ask one oral question per Council which must be notified in writing no later than noon on the Friday preceding the meeting. Each question must be delivered at the meeting exactly as submitted. One supplementary question will be allowed. 

Below are the criteria for questions: 

No question will exceed 1 minute; 
The question must refer to an issue which affects the Highland Council area or falls within the Council's responsibilities; 
The question must not be substantially the same as a question which has been put at a meeting of the Council in the past 6 months; 
The question must not be defamatory, frivolous, vexatious or offensive; 
The question must not require the disclosure of confidential or exempt information; and 
The question must not refer to individual planning or licensing matters or any matter of a personal nature. 

Signed: Mr A Christie    Mrs A MacLean

During discussion, Members raised the following issues:-

• it was imperative that the business of Local Government was transparent, open to scrutiny and encouraged the engagement/involvement of members of the public wherever and whenever possible and this Motion would help in maintaining this for the Highland Council;  
• public ‘question time’ was already extensively undertaken across the country and worked well; 
• from a survey of members of the public, the previous Commission on Highland Democracy had found that the current arrangements were not considered to be working well in terms of the perception that Elected Members did not want to share power or subject themselves to additional scrutiny;   
• the terms of this Motion would allow members of the public to also ask a supplementary question at meetings and perhaps to make a connection with the Council in terms of sharing responsibilities where feasible; 
• the proposal was for Officers to draft the necessary changes to Standing Orders which would allow the proposal to begin in December 2019;
• this Motion had to be supported if Members were serious about acting on localism and involving members of the public in the business of the Council wherever possible;
• there was a particular need to involve young people from across the area and to encourage them to attend future meetings;
• in addition to the terms of the Motion as drafted, it was suggested that it should also include reference to a review of current security and public seating arrangements to encourage attendance at meetings and to ensure a warm welcome for all citizens (including individuals and groups) wishing to engage with the Council;
• it was not considered that there would be an issue in terms of questions being defamatory, frivolous, vexatious or offensive;
• whilst being sympathetic to the aims of the Motion, it would have a cost implication and would take up time at future meetings and it was therefore suggested as an alternative that improvements should be made to online arrangements to include ways for the public to ask questions and have them answered more quickly;
• it was essential that the Council avoided becoming too rigid or disengaged over time and this Motion represented one way to improve current democracy;
• whilst being supportive of public questioning, this issue could be submitted to the Governance Review Group to investigate such ideas as public questioning at Area Committees and use of social media. A range of recommendations and detail could then be presented to the next Members’ Seminar so that all Members could consider this carefully and then bring recommendations to the full Council;
• an open forum with public access in a formal setting was very important in terms of improving communication with the Council and other Local Authorities had already implemented something similar to what was being proposed;
• there was a need to closely study the detail in terms of the proposals within the Motion to avoid any unintended consequences and to clarify specifically how this could be undertaken at future meetings;
• there was concern about the potential for slander and/or personal abuse at meetings if this was commenced in December;
• consideration should also be given to other ways of engaging with the general public as it had to be recognised that day time meetings would not always be accessible for those who were working full time; and
• in respect of rural Wards in particular, consideration would have to be given to the use of Skype to allow ‘attendance’ by those in more remoter areas.

Thereafter, Mr A Christie, seconded by Mrs A MacLean, MOVED the terms of the Notice of Motion as detailed - with the addition that the Council would commit to a review of current security and public seating arrangements to encourage attendance at meetings and to ensure a warm welcome for all citizens wishing to engage with Highland Council.

As an AMENDMENT, Mrs M Davidson, seconded by Mr A MacKinnon, moved that, whilst being supportive of public questioning, the issue should be sent to the Governance Review Group to investigate such ideas as public questioning at Area Committees and use of social media. A range of recommendations would then be presented to the next Members’ Seminar so that all Members could consider this carefully and then bring recommendations to the full Council. 

On a vote being taken, the Motion received 36 votes and the Amendment received 26 votes, with 2 abstentions, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:
Mr G Adam, Mr A Baxter, Mr R Bremner, Mr I Brown, Mr J Bruce, Mrs C Caddick, Mrs G Campbell-Sinclair, Mr A Christie, Dr I Cockburn, Ms K Currie, Mr C Fraser, Mr R Gale, Mr K Gowans, Mr A Jarvie, Ms E Knox, Mr R Laird, Mr D Louden, Mr A MacInnes, Mr G MacKenzie, Mrs I MacKenzie, Mr S Mackie, Mrs A MacLean, Mr R MacWilliam, Mr N McLean, Ms L Munro, Ms P Munro, Mr I Ramon, Mr D Rixson, Mrs F Robertson, Mrs T Robertson, Mr K Rosie, Mr P Saggers, Mr A Sinclair, Ms N Sinclair, Mr C Smith and Ms M Smith. 

For the Amendment:
Mr R Balfour, Miss J Campbell, Mrs B Campbell, Mrs H Carmichael, Mr G Cruickshank, Mrs M Davidson, Mr J Finlayson, Mr M Finlayson, Mr L Fraser, Mr J Gordon, Mr J Gray, Mr T Heggie, Mr A Henderson, Mr B Lobban, Mr R MacDonald, Mrs D Mackay, Mr W MacKay, Mr A Mackinnon, Mr D Macpherson, Mrs B McAllister, Mr J McGillivray, Mr H Morrison, Mrs M Paterson, Mr A Rhind, Mr G Ross and Mr B Thompson. 

Abstentions:
Mr D Mackay and Mr D MacLeod.

Decision

The Council AGREED the terms of the Notice of Motion as detailed – subject to a further commitment to review current security and public seating arrangements to encourage attendance at meetings and to ensure a warm welcome for all citizens wishing to engage with Highland Council. 

(ii)Highland Council calls on the Scottish Government to take action to improve Rail Services across Highland with an emphasis on Punctuality, Relief Drivers, Availability, Cycle Transport, Toilet Reliability and provision of snacks/coffee trolleys.

Improvements to these services are urgently required to encourage tourism, reduce carbon inefficient road transport and improve the Highland reputation as an excellent place to live, work and travel in. 

Signed: Mr W MacKay   Mr S Mackie

During discussion, Members raised the following issues:-

• in terms of the need for improvement of rail services across the Highland area, there was particular need for this to be undertaken on the Far North Line;
• there was a lack of continuity in relation to the facilities being offered and trains were often unreliable, with late arrivals and breakdowns occurring frequently;
• pre-booking systems also failed regularly and this had a resultant impact on passengers (including tourists) and passenger numbers were now decreasing as a result;
• the current 10 year contract with Abellio had been issued in 2015 and was worth in excess of £7bn across the decade. This had included details of rolling stock to be used, catering facilities, route specific improvements and a range of fare schemes to offered over the period and there was a need to  highlight that some issues (such as seamless ticketing) were not being delivered as promised;
• there had been reference recently to the introduction of a new high speed train which would operate from Inverness but it had to be noted that this was the same train that had been offered in the 1970’s;
• unfortunately, good performance appeared to be the exception rather than the rule;
• there were also ongoing frustrations with the delay to the Caledonian Sleeper and in this respect passengers were already paying fares for a service not yet in use;
• the constant delays and poor service in relation to rail travel had the effect of making the Highlands uncompetitive in terms of business travel;
• it was important that firm action was taken in respect of companies who were failing to deliver on the terms of previously agreed contracts in order to ensure the best possible rail service for the Highlands;
• there was a need to add ‘ticketing’ to the list of issues requiring improvement;
• connection between the West Highland Line and the Inverness/Perth line would make a huge difference to travel in the area;
• although recognising the intention behind the Motion, it was important to note that rail staff were very efficient and helpful in the Highlands and that the Scotrail website was currently highlighting a ‘9 month high’ for trains running on time;
• it was felt that privatisation had failed rail operations in the UK in terms of producing a very fragmented service which was not efficient and dispersed responsibility amongst too many different companies;
• it was important to differentiate between strategy (which was the responsibility of the Scottish Government) and operational matters (which were the responsibility of individual companies);
• it would be helpful to include and consult with Caithness Transport Forum in relation to the issues which had been raised in the Motion;
• there had been a shortage of drivers from the start of the Abellio contract which had caused constant and major problems;
• it was very important to highlight the problems being faced by disabled users of the current rail service; and
• consideration should be given to the possibilities for future investment in the current infrastructure.              

Decision

The Council AGREED the terms of the Notice of Motion as detailed – subject to the inclusion of ‘ticketing’ within the list of suggested improvements.

(iii)Highland Council recognises that enforceable 20mph speed limits on residential streets are widely supported in our communities. 20mph limits have a measurable impact on health and public safety through increasing the perception of safer streets and reduce the likelihood of serious accidents. The Council regrets that the existing legislation for rolling out 20mph zones is very costly, slow to implement and can lead to a patchwork of speed restrictions which is far from ideal. 

The Council calls on the Scottish Government to urgently reconsider implementing a system similar where 20mph is the default speed limit for built-up residential areas.

Signed:  Mr B Thompson     Mr A Henderson    Mr B Lobban

During discussion, Members raised the following issues:-

• it had to be recognised that there were serious risks in increasing the speed of a car above 20mph and it was a proven fact that lower speed limits saved lives;
• there was an urgent need for consideration to be given by the Scottish Government to making 20mph the default speed limit in built-up residential areas;
• it could not be right to advocate ‘local choices’ if such choices could then not be implemented due to cost and legal restrictions;
• speed limits were a major issue for many Community Councils across the Highlands;
• action had to be taken on this issue, not least to ensure the future safety of children in residential areas;
• implementing a system where 20mph was the default speed limit could be done in a very affordable way if approval was granted by the Scottish Government;
• there was a need to recognise the work already being undertaken by the Scottish Government, CoSLA and Transport Officers on this issue, including consideration of a more streamlined process for Road Traffic Orders;
• there should also be a focus on use of mobile phones by drivers which was also a serious issue; and
• it was a concern that some roads had different speed limits in place for different sections of the road (including Fairfield Road in Inverness where there had already been two fatalities) and this had to be addressed as a matter of urgency.            

Decision

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

(iv)On 6 September 2018 The Council agreed to "fully review its policy on weed killing and to explore affordable and safe alternatives [to products containing glyphosate], with a view to introducing those as soon as possible".
The Council continues to use products containing glyphosate in public spaces including children's playparks, and little progress has been made on the undertaking to identify alternatives.
The Control of Substances Hazardous to Health Regulations 2002 (COSHH) requires employers to prevent exposure to hazardous chemicals totally wherever possible, and if that is not possible the employer must:
1.See if work can be redesigned to avoid using chemicals altogether; or
2.Look to replace the chemical with a less dangerous substitute

Later in September 2018, The GMB Union, which represents around 630000 UK workers, called for a UK-wide ban on products containing glyphosate.

It was reported in the January 2019 edition of the respected HR journal, "Personnel Today'' that a 4 year study by the Institute of Occupational Medicine and the Health and Safety Executive found that workers were exposed to glyphosate despite wearing protective equipment.

There are now 3 successful lawsuits against Bayer/Monsanto involving the commercial and domestic use of Roundup where the court has held that glyphosate causes non-Hodgkin lymphoma. There are more than 13,000 similar lawsuits against Bayer/Monsanto ongoing.

In light of the growing evidence of the harm caused by glyphosate, this motion now calls for an immediate ban on the use of weed killing products that contain glyphosate, except for invasive species control and at dangerous road junctions where its use will be risk assessed on a case by case basis.

Wildflower planting provides a natural alternative weed control method and it is safer, attractive to residents and visitors, benefits the environment and attracts pollinating insects. This weed control method would realise considerable savings in the cost of product and the safety training and equipment associated with chemical weed killers. Where wildflower planting is not viable, organic weed killers and steam or hot water weed killing methods are available and these should be used except where chemical weed killer is required to eradicate invasive species such as Japanese Knotweed.

Signed:  Mr N McLean    Ms E Knox 

During discussion, it was noted that the Notice of Motion had now been amended following discussion with the Administration whereby the penultimate paragraph beginning ‘In light of the growing evidence….’ was to be deleted and an additional paragraph to be included as follows – ‘The Council agrees to the immediate ban on the use of weed killing products containing glyphosate in all sports recreation facilities/play grounds and schools and that a business case be prepared for consideration at the next Council meeting on options for a complete ban on the use of such products, except for invasive species control and at dangerous road junctions where its use would be risk assessed on a case by case basis’.

It was also suggested that a link should be provided on the Council Website to information on the current Highland Pollinator Strategy.

Decision

The Council AGREED the terms of the Notice of Motion – on the basis of the deletion of the penultimate paragraph in the current version – and inclusion of the following final paragraph – ‘The Council agrees to the immediate ban on the use of weed killing products containing glyphosate in all sports recreation facilities/play grounds and schools and that a business case be prepared for consideration at the next Council meeting on options for a complete ban on the use of such products, except for invasive species control and at dangerous road junctions where its use would be risk assessed on a case by case basis.  

(v)Highland Council welcomes the aims and impact of Clean Air Day held on June 20th 2019 which inspires people to take action over air quality and protect their health.
 
Highland Council notes the UK Government statement that poor air quality is the largest environmental risk to public health. The Council notes in particular that air pollution from vehicles and other sources has a very detrimental impact on health, especially for children or those with existing health problems. 
 
Air pollution is estimated to be responsible for over 2,500 deaths every year in Scotland and costs the Scottish economy over £1.1 billion each year. The Council recognises that these impacts are also felt in the Highlands and further recognises that air pollution has been clearly linked with heart attacks, strokes, asthma, diabetes, cancers, restricting children’s lung development, and is associated with dementia, low birth weight and premature birth. 
 
The Council notes that there are several ways that people can improve air quality in their homes and in their neighbourhoods, some of which include:

Open your window when cooking or using cleaning products
Choose paints and varnishes that are labelled low volatile organic compounds 
Think about how you do your cleaning
Regularly service your boiler
Consume less energy 
Recycle your compostables
Use your car less and/or switch driving a car to walking, cycling or using public transport
Discover the side streets
Avoid strenuous activity when pollution is high
Switch your engine off when stationary
 
The Council agrees to support Clean Air Day 2020, with a report being submitted to the Environment, Development and Infrastructure Committee on what the individuals, communities and organisations can do to improve air quality and protect their health with the Council undertaking subsequent awareness raising though the its media channels.

Signed:   Mr B Thompson    Mrs M Davidson

During discussion, Members raised the following issues:-

• air pollution was a real concern and it had to be highlighted that death rates connected to this issue had increased significantly in recent years;  
• there was an urgent need for more awareness raising on the issues which contributed to ill health and inequalities;
• as a result of advances in research, it was now clear that there were alarming links to chronic diseases and as such support for Clean Air Day was imperative;
• more consideration should be given to any related issues which might impact on house building in particular in future;
• if possible, action should be taken to encourage drivers not to have cars parked at schools (with engines still running) at particular times of the day, such as when children were dropped off or picked up from school; and
• consideration should be given to the Council taking the lead in encouraging other organisations and businesses in the area to take part in a ‘Clean Air Day’ in the following year whereby specific streets could be ‘pedestrian only’ for the day and public transport used as an alternative when visiting the City.      

Decision

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