Agendas, reports and minutes

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

In Attendance: 

Chief Executive
Executive Chief Officer, Customer and Communities
Executive Chief Officer, Health & Social Care
Executive Chief Officer, Infrastructure & Environment
Executive Chief Officer, Performance and Governance
Executive Chief Officer, Resources & Finance
Executive Chief Officer, Transformation & Economy

Mr B Lobban in the Chair

Apologies for absence were intimated on behalf of Mr B Allan, Mr A Baxter, Mrs G Campbell-Sinclair, Ms K Currie, Mr J Gordon, Mr T Heggie, Mr K Rosie and Mrs C Wilson.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest: -

Item 8 – Mr K Gowans (Financial)

Item 14 – Mr A Christie (Financial)

Item 18 – Mrs I MacKenzie (Financial)

Item 19 – Mr A Christie (Non-Financial)

3. Membership of the Council
Ballrachd na Comhairle

It was NOTED that, following the By-Election held on 14 November 2019, Ms Emma Roddick had been elected as a Member of Ward 14 (Inverness Central).

In this regard, and in welcoming Ms Roddick as a Member of the Council, the position was NOTED.

4. Quality Awards Winners and the Apprenticeship Scheme
Buannaichean nan Duaisean Inbhe agus an Sgeama Preantasachd 

The Council NOTED an update on the Quality Awards Winners and the Apprenticeship Scheme which was provided at the meeting and conveyed their congratulations to all those involved.

5. Presentation - Combat Stress

A Presentation was undertaken at the meeting by Mr M Leinster, a Peer Group Support Volunteer from Combat Stress, the UK’s leading Charity for Veterans’ Mental Health and a unique nationwide Peer Support Service led by veterans for veterans.

In this respect, it was confirmed that the Charity had been set up in 1919 to represent veterans and specifically to provide help with issues such as post-traumatic stress disorder, anxiety and depression.

In acknowledging that it was of vital importance to represent veterans and to provide specialist treatment and support where necessary, it was highlighted that statistics for 2018 confirmed that 15,000 calls had been handled by the Combat Stress helpline and support had been provided for 3121 veterans. This was support for veterans (as opposed to serving soldiers) and it was noted that on average it took a veteran 13 years to ask for help.

For the future, it was vitally important to encourage as many veterans as possible to become involved with Combat Stress and specifically the Peer Support Group. In order to highlight the work being undertaken, the ‘7 Nights in 7 Cities’ initiative was currently being planned for 2020 whereby a ‘sleep out’ was planned in Inverness, Aberdeen, Glasgow, Edinburgh, Manchester, Birmingham and London and would be undertaken in woods, mountains and hills as opposed to on the streets. Details of this event would be made public in due course and would be publicised on the Combat Stress Website.         

Decision

Having thanked Mr Leinster for the extremely moving and informative presentation, the Council NOTED the position on the basis that any issues/questions arising from the presentation could be raised with Mr Leinster during the lunch break. 

6. 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 31 October 2019 and the Minutes of the Special Council Meeting (Planning) held on 22 November 2019 as contained in the Volume which had been circulated separately – which were APPROVED.

7. 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 – subject to the following:-

Lochaber Area Committee, 6 November - Page 433 - Item 7 – Corran Ferry Service Update –

AGREED to remove the following bullet point from the Minutes – ‘the Budget Leader and Chief Executive had stated that there were no plans to increase fares on the Corran Ferry next year and this was welcomed’.

Ross and Cromarty Committee, 6 November

Environment, Development and Infrastructure Committee, 7 November

Badenoch & Strathspey Committee, 11 November

Sutherland County Committee, 14 November

Caithness Committee, 19 November

Corporate Resources Committee, 20 November

City of Inverness Area Committee, 21 November

Nairnshire Committee, 27 November

Audit & Scrutiny Committee, 28 November

Isle of Skye and Raasay Committee, 2 December – Page 16 of the Supplementary Paper - Starred Item 8 –

AGREED the creation of a Gaelic Medium catchment area for Mount Pleasant Primary School encompassing the whole of the Thurso Associated School Group as detailed in the report.

Care, Learning and Housing Committee, 5 December

8. Town Centre Fund Working Group – Minutes of Meeting

Declaration of Interest – Mr K Gowans declared a financial interest in this item as an employee of Inverness College UHI but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that his interest did not preclude him from taking part in the discussion.

There had been circulated Minutes of Meeting of the Town Centre Fund Working Group held on 28 November 2019 which were APPROVED.

In this regard, the Council AGREED as follows:-

1. funding for the Pavilion, Cromal Hill, Ardersier (£40k)
2. funding for the Sports Pitch, Inverness College (£126k)
3. funding for the Fisherman’s Hut, Bught Park, Inverness (£20k) 

9. 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 12 September 2019 (which had been approved by the Board on 22 November 2019) which were NOTED.

10. Climate Change Panel
Pannal Atharrachadh Gnàth-shìde

There had been circulated Minutes of Meeting of the Climate Change Panel held on 26 November 2019 which were APPROVED.

11. Tourism Working Group/Committee 

It was AGREED that the current Tourism Working Group should now become a full Committee with an extended membership based on political balance and should take responsibility for tourism and report directly to the full Council.         

12. Membership of Committees/Remuneration and Appointment of new Chairs
Ballarachd Chomataidhean, msaa/Co-dhìoladh agus Cur Chathraichean Ùra   
an Dreuchd

Membership of Committees

It was NOTED that Mr K Gowans had confirmed that he had re-joined the SNP Group and also would now replace Mrs P Munro on the Valuation Joint Board.  

On that basis, and following the result of the By-Election for Ward 14 (Inverness Central), it was also NOTED that the political make-up of the Council was now as follows: -

Independent – 27/SNP – 21/Scottish Conservatives – 11/Liberal Democrat – 9

Labour – 3/Green Party – 1/Sutherland Independent – 1/Non-Aligned – 1

The formula in respect of the number of places on the new Strategic Committees was now 7/5/3/3.

The Council also AGREED the Membership Lists for the new Strategic Committees which had been tabled at the meeting.

It was further AGREED that Ms E Roddick should be appointed to the South Planning Applications Committee from Ward 14.  

Changes to Senior Councillor Remuneration

It was confirmed at the meeting that there would now be an additional number of Chairs as the Council had agreed to move from 3 to 6 Strategic Committees and Vice Chairs would be unpaid.  

The position was NOTED. 

Appointment of new Committee Chairs

The Council AGREED the appointment of the following new Strategic Committee Chairs:-

Corporate Resources Committee – Mr A MacKinnon (Vice Chair – Mr M Reiss) 

Education Committee – Mr J Finlayson (Vice Chair – Mr T Heggie)

Housing & Property Committee – Mr B Thompson (Vice Chair – Mr M Finlayson)

Economy & Infrastructure Committee – Mrs T Robertson (Vice Chair – Mr J Gray)

Health, Social Care & Wellbeing Committee – Ms L Munro (Vice Chair – Ms N Sinclair)

Communities & Place Committee – Mr A Henderson (Vice Chair – Mr H Morrison)

13. Governance Review
Ath-sgrùdadh Riaghlachais

There had been circulated Report No. HC/61/19 dated 29 November 2019 by the Chief Executive. 

During discussion, it was suggested that, in addition to the recommendation for a separate Committee for Ward 5, and in order to ensure that localism had the confidence of both Members and local communities, there should also be separate Committees for Wards 8&9 and Wards 6&7.

It was also highlighted that there was concern at the cost of these new proposals (which were effectively doubling the number of Strategic Committees and creating additional Local Committees) as it was not considered that the public would think that this was the best use of finances within the Council.

Thereafter, Mr G Adam, seconded by Mrs A MacLean, MOVED the creation of additional Local Committees for Ward 5, Wards 6&7 and Wards 8&9.

As an AMENDMENT, Mr M Finlayson, seconded by Mrs F Robertson, moved the recommendations as detailed within the report which included one additional Local Committee for Ward 5.

On a vote being taken, the MOTION received 35 votes and the AMENDMENT received 14 votes, with 13 abstentions, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:

Mr C MacLeod, Ms P Hadley, Ms L Munro, Mrs D MacKay, Mrs I MacKenzie, Mr G Cruickshank; Mr C Smith, Mr I Brown, Ms E Roddick, Ms E Knox, Mrs M Cockburn, Mr A Jarvie, Mr J Bruce, Mr P Saggers, Mr B Lobban, Ms M Smith, Dr I Cockburn, Mr A MacInnes, Mr C Fraser, Mrs L MacDonald, Mr R Gale, Mr I Ramon, Mr D MacKay, Mr K Gowans, Mr G MacKenzie, Mr D Louden, Mrs J Barclay, Mr D Rixson, Ms A MacLean, Mr A Graham, Mr A MacKinnon, Mr A Henderson, Mr A Christie, Mr J Gray and Mr R Bremner.   

For the Amendment:

Mr R MacWilliam, Ms P Munro, Mr D Macpherson, Mr R Balfour, Mr A Rhind, Mrs T Robertson, Mr D MacLeod, Mr M Finlayson, Mrs F Robertson, Mrs I Campbell, Mrs H Carmichael, Mr R MacDonald, Mr W MacKay and Mr M Reiss.  

Abstentions:

Mr N McLean, Mr J McGillivray, Mr S Mackie, Mr A Sinclair, Miss J Campbell, Mr G Ross, Mr L Fraser, Ms N Sinclair, Mr J Finlayson, Mr B Thompson, Mr B Boyd, Mr H Morrison and Mrs M Davidson.

Decision

The Council AGREED: -

1. the operational arrangements for Sub-Committees, Boards and Working Groups as set out in Appendix 1 to the report and the introduction of annual reporting to the Council as set out in Paragraph 5.2;
2. additional functions and responsibilities for Area Committees as set out in Paragraph 6.3;
3. the resources set out in Paragraph 3.1;
4. the establishment of 3 new Area Committees for Ross & Cromarty – Ward 5, Wards 6&7 and Wards 8&9; and
5. the review arrangements as set out in Section 7 of the report.

14. Director of Public Health (Annual Report)
Stiùiriche Slàinte Phoblach (Aithisg Bhliadhnail)

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.

It was NOTED that Dr C Stark and Ms C Steer were in attendance at the meeting to highlight issues contained within the Annual Report from the Director of Public Health.

In this regard, an electronic link to the Annual Report had also been circulated here.

Following presentation of the issues within the report, and during discussion, Members raised the following issues: -

• this was the final report from Dr Hugo Van Woerden and as such there was a need to convey the thanks of the Council to him, not least in regard to his commitment to public health in the Highlands; 
• it had to be acknowledged that poor mental and physical health was rooted in poverty and it was therefore imperative that all agencies worked together within communities to identify solutions as and when required;
• the Council’s localism agenda could be key in future prevention and it would be helpful if this could be discussed as much as possible through the Community Planning Partnership;
• priority had to be given to issues in relation to rural isolation and deprivation in particular, perhaps through a focused joint strategy from the Council and NHS Highland;
• it would be important for a Seminar to be arranged in order to consider in more detail the issues which were contained within the Annual Report and that feedback was provided thereafter to a Strategic Committee and/or the full Council;
• there was a need for Community Partnerships to be better resourced in future and this should be taken forward as a recommendation in any forthcoming discussions;
• access to vital services and transport in rural areas was often very poor and this, together with fuel poverty, presented particular issues across the Highland area;
• a focus on help for young carers and also on preventing issues arising from  isolation experienced by children in the Highlands had to be a priority in terms of future proposals;
• it had already been evidenced that early intervention was key in terms of improving wellbeing and issues surrounding mental health;
• focusing on recruitment challenges in the Highlands was also imperative, particularly in relation to the care sector; and
• many people across the Highlands often had to travel very long distances for medical treatment and all public sector agencies had to work together to find solutions to alleviate this in future at the same time as addressing the other issues which had been raised at the meeting.     

Decision

The Council, having thanked Dr Stark and Ms Steer for their attendance, otherwise NOTED the terms of the Annual Report and the presentation at the meeting.

15. Question Time
Am Ceiste

The following Questions had been received by the Head of Corporate Governance –

1. Mr A Jarvie

To the Chair of the Corporate Resources Committee

“Please can you provide the VRMs, make, model, most recent odometer readings, purchase and registration dates of all electric cars owned by Highland Council”.

The response had been circulated.

In terms of a supplementary question, it was queried as to what could be done to incentivise greater usage of the Council’s electric cars and, if not, could the vehicles not being used be returned to save lease costs.

In response, it was confirmed that usage of these vehicles would be investigated and the outcome of this would be reported to Members.

2. Mr B Thompson

To the Chair of the Corporate Resources Committee

“What reassurance can the Council provide that it is applying discretion where appropriate to the imposition of the 200% Council Tax rate applicable to empty homes? i.e. what proportion of empty homes in Highland currently benefit from a discretionary reduction in the 200% rate and for what reasons has discretion generally been applied?”

The response had been circulated.

In terms of a supplementary question, it was queried whether Council Officers were inspecting properties, including those in the most remote and rural areas of the Highlands, for which a discretionary reduction was being sought.

In response, it was confirmed that Officers inspected properties throughout the whole of the Council area.

(iii)          Mrs M Cockburn

To the Leader of the Council

“What measures can be put in place to ensure that any guidance provided by COSLA on matters such as social care delivery are disseminated across all Council Members?”

The response had been circulated.

There was no supplementary question but Mrs Cockburn indicated her willingness to work with the Leader on this issue.

4. Mrs M Cockburn

To the Leader of the Council

“Will Highland Council open up a school to give homeless or disadvantaged people a hot meal on New Years’ day?”

The response had been circulated.

There was no supplementary question but Mrs Cockburn indicated her willingness to work with the Leader on this issue.

(v)          Mr C Fraser

To the Chair of the Care, Learning & Housing Committee

“Please provide the actual school capacity and actual current school roll for all Highland primary schools as this was omitted from recent Committee reports?”

The response had been circulated.

In terms of a supplementary question, and on the basis that following significant refurbishment Cromarty Primary School currently had two empty classrooms, it was queried why the school was not being used to its full potential.

In response, it was confirmed that this was most likely due to demand within the catchment area and assurance was provided that the space would be utilised if required.  Also, any suggestions in regard to improving usage would be welcomed.

(vi)         Ms E Roddick

To the Leader of the Council

“Following the motion agreed unanimously by the Council on mental health crisis services at the meeting on 7th September 2017, what plans does the Council have to continue work with NHS Highland to improve services for those who require emergency help with mental health?”

The response had been circulated.

In terms of a supplementary question, it was queried whether the Leader would work with Ms Roddick in addressing crisis services.

In response, the Leader confirmed that she would work with Councillor Roddick to address crisis services, expressed her concern regarding the discharge protocols at New Craigs Hospital and advised that she intended to bring back a stream of work which would be action focused.

(vii)        Mr B Boyd

To the Chair of the Care, Learning & Housing Committee

“What steps are being taken to ensure that appropriate and sustainable psychological support is available for our young people who require additional help in schools?”

The response had been circulated.

In terms of a supplementary question, it was queried as to whether there were plans to increase capacity to ensure that early intervention and named psychologist support was available in schools when it was needed.

In response, it was confirmed that the Service would continue to put in as much resource as possible. 

(viii)       Mr D Louden

To the Leader of the Council

“Homes with a prepayment electricity meter do not have their prices capped.  They pay much more than those paying by direct debit or on invoice despite being the least able to afford it. This difference in price is growing. Will the Highland Council write to the UK Energy Secretary asking in the strongest terms that OFGEM extends the price cap to these customers to tackle fuel poverty?”

The response had been circulated.

(There was no supplementary question).

(ix)         Mr R MacWilliam

To the Leader of the Council

“What funding has Highland Council requested from Central Government in respect of Brexit mitigation?”

The response had been circulated.

In terms of a supplementary question, it was queried whether, in 2020, there would be a report setting out the Brexit mitigation measures that the Council would put in place to address the shortfall in funding.

In response, it was confirmed that, in the event that the Council did not receive the grant which was being sought, more information would be provided. 

(x)          Mr K Gowans

To the Chair of the Environment, Development & Infrastructure Committee

“Does the Administration intend to write Highland Town Centre Plans so that future windfall funding from the Scottish Government’s Town Centre fund or similar schemes can be applied without controversy?”

The response had been circulated.

In terms of a supplementary question, it was queried as to what reassurance could be provided to the people of Inverness that similar windfall funding from the Scottish Government was adequately managed in future.

In response, it was confirmed that, whilst looking forward to future windfall money, there would be no prescriptive changes made to current arrangements.

(xi)         Ms M Smith

To the Leader of the Council

“How many biomass plants do we currently operate in our own property stock in the Council and Highlife Highland?”

The response had been circulated.

In terms of a supplementary question, it was queried if a report on the cost benefit analysis and the carbon capture of each scheme could be submitted to the relevant Committee.

In response, it was confirmed that more information would be provided in this regard.

(xii)        Dr I Cockburn

To the Leader of the Council

“When will the Members see the report that the Council promised over a year ago to bring to Committee on the modular ideas and designs for our Highland schools?”

The response had been circulated.

In terms of a supplementary question, it was queried whether the Seminar for all the major players in the construction industry in the Highlands was still to go ahead as had been agreed at a previous Environment, Development & Infrastructure Committee meeting.

In response, it was confirmed that the Seminar was to go ahead.

(xiii)       Ms P Hadley

To the Leader of the Council

“How is the Council going to sufficiently resource the ambition to realise a carbon neutral Highlands by 2025?”

The response had been circulated.

In terms of a supplementary question, it was queried whether the Leader could bring forward a framework as to how the Council would work collegiately with other Councils, National Parks and NGOs to maximise the effectiveness and value of efforts with regard to combating climate change.

In response, it was confirmed that this was an issue for everyone and involved numerous organisations and as such this request would be passed to the Chair of the Climate Change Panel in the first instance to progress as part of work going forward.

(xiv)       Mr S Mackie

To the Leader of the Council

“The landward village of Bower has historically provided students to both Thurso High School as well as Wick.

The Council’s decision to withdraw funding for students wishing to attend Thurso High School in 2018 was met with opposition from the local community and representations from the Bower Community Council as this reversed long standing commitments.

It has been repeatedly cited by families that the decision was made contrary to Scottish Government guidance that states that “someone affected by the decision can have a legitimate expectation that because the policy or procedure has been operated in such a way in the past, that this will continue in the future”.

Given the Highland Council and its immediate and past predecessors, extending over the last half-century, have maintained a policy of local choice for children to attend Thurso High School, it is understandable that there is substantive and legitimate expectation from the local community.

Promises made to the Community Council that fees for school transport would be withdrawn at public meetings have failed to materialise. Instead, the Council has moved from a position of flexibility and openness to find a solution to an enforcement body, with parents threatened with court or debt collection for failure   to pay the c.£410 per pupil cost.

Given that the Council must provide transport, if only to facilitate the transport of one pupil, and that Thurso, unlike Wick High School, currently experiences capacity number issues, will you agree to reviewing the decision currently enforced by the Council and make a commitment that the principles of localism will apply to the students and parents of Bower and the surrounding parish as it has done for the previous 50 years?”

The response had been circulated.

In terms of a supplementary question, it was queried whether the Leader could compel the relevant Officer(s) to engage constructively with Bower Community Council in the first instance in order to avoid this issue being escalated to the relevant Committee unnecessarily.

In response, it was confirmed that if this was a change of policy, then the issue would require to follow current procedures, including submission to a Service Committee if necessary. However, if a briefing could be provided, discussion could be undertaken with the Officers concerned and the Chair of the Education Committee.

16. Notices of Motion
Brathan Gluasaid

The following Notices of Motion had been received by the Head of Corporate Governance –

(i)Highland Council welcomes the pavement and double parking ban in the forthcoming Transport (Scotland) Act, the Bill for which has now passed Stage 3. Pavement parking can be a severe impediment to wheelchairs, pushchairs and those with limited mobility. In some circumstances dangerous parking can put lives at risk. Those impacted by pavement obstruction rightly expect an immediate, effective response from enforcement agencies – under the current system that has too often not been the case. The approved Bill has the potential to make enforcement much speedier and more effective.

The Council recognises the financial support made available by the Scottish Govt. to enable Councils to prepare for the ban. However enforcement must be cost-effective for local authorities. The geography of the Highlands will likely limit cost-effective implementation of the ban in remote or rural areas. For that reason, the Council will write to Scottish Ministers, calling on them, when making regulations for the implementation of the Bill, to allow the public to submit evidence of parking violations. This could be, for example, by an approved phone app. The intention being to allow local authority parking officers to issue penalty charge or warning notices without the requirement to attend the scene of the contravention. For the avoidance of doubt, parking officers would keep full discretion on whether to issue a PCN, a warning or neither.

Signed:    Mr B Thompson     Mr A Henderson      Mrs M Davidson

In line with Standing Order 12 – no financial cost had been identified by the Executive Chief Officer (Resources & Finance) in relation to the above Notice of Motion.

During discussion, Members raised the following issues:

• the intention of this Motion was not to commit the Council to any particular course of action but to provide options on the basis that the pavement parking ban would become effective in 2021 and by that time there would have to be a system in place to deal with every complaint in relation to parking; 
• the Scottish Government was currently establishing regulations in this regard and it would be essential that the Council was involved in influencing those regulations wherever possible from a Highland perspective;
• it was being assumed that there could be two main options, namely the introduction of CCTV cameras or the requirement for a Council Officer to be in attendance at every traffic violation, and neither option would be satisfactory in the Highlands;
• the general public deserved a quick and efficient response in the future and the intention of the Motion was therefore to ensure that the imminent parking ban was as practical as possible for the Council by suggesting/providing additional options in terms of enforcement;
• it would be imperative to ensure that the needs of disabled persons were taken into account in any future proposals;
• alternatively, it was suggested that there were concerns around the possible restriction of civil liberties in any future proposals and that it should be highlighted that there were already measures in place to deal with dangerous parking;
• it would perhaps be preferable to defer any further consideration to allow discussion at Local Committees in the first instance followed by discussion/debate at Strategic Committee level and thereafter submission of a response to the Scottish Government;
• any future proposals should take account of how the complaints/appeals process would be dealt with in future;
• it was regrettable that Police Scotland had withdrawn Traffic Wardens as that arrangement had worked well in the past and as such it was suggested that Police Scotland should be asked for their views on this matter; and
• consideration should be given as to whether this Motion should be withdrawn meantime to allow more detail to be provided in view of the issues which had been raised at the meeting.

Thereafter, Mr B Thompson. seconded by Mr A Henderson, MOVED the terms of the Notice of Motion as detailed – subject to the deletion of the final three sentences.

As an AMENDMENT, Mr A Christie, seconded by Miss J Campbell, moved that this issue should be deferred to allow discussion/debate at Local Committees in the first instance.

On a vote being taken, the MOTION received 41 votes and the AMENDMENT received 15 votes, with 5 abstentions, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:

Mr R Balfour, Mr B Boyd, Mr R Bremner, Mr I Brown, Mr J Bruce, Mrs C Caddick, Mrs H Carmichael, Dr I Cockburn, Mrs M Cockburn, Mrs M Davidson, Mr J Finlayson, Mr M Finlayson, Mr C Fraser, Mr K Gowans, Mr J Gray, Ms P Hadley, Mr A Henderson, Mr D Louden, Mrs L MacDonald, Mr A MacInnes, Mrs D MacKay, Mr G MacKenzie, Mr S Mackie, Mr A MacKinnon, Ms A MacLean, Mr C MacLeod, Mr D MacLeod, Mr D Macpherson, Mrs B McAllister, Mr N McLean, Mr H Morrison, Ms L Munro, Mr M Reiss, Mr D Rixson, Mrs F Robertson, Mrs T Robertson, Mr P Saggers, Mr A Sinclair, Ms N Sinclair, Ms M Smith and Mr B Thompson.

For the Amendment:

Mrs J Barclay, Mrs I Campbell, Miss J Campbell, Mr A Christie, Mr G Cruickshank, Mr R Gale, Mr A Graham, Mr A Jarvie, Mr B Lobban, Mr D MacKay, Mrs I MacKenzie, Mr R MacWilliam, Mr I Ramon, Ms E Roddick and Mr G Ross. 

Abstentions:

Ms E Knox, Mr R MacDonald, Mr W MacKay, Mrs P Munro and Mr C Smith. 

Decision

Members AGREED the following amended Motion:-

Highland Council welcomes the pavement and double parking ban in the forthcoming Transport (Scotland) Act, the Bill for which has now passed Stage 3. Pavement parking can be a severe impediment to wheelchairs, pushchairs and those with limited mobility. In some circumstances, dangerous parking can put lives at risk. Those impacted by pavement obstruction rightly expect an immediate, effective response from enforcement agencies – under the current system that has too often not been the case. The approved Bill has the potential to make enforcement much speedier and more effective.

The Council recognises the financial support made available by the Scottish Government to enable Councils to prepare for the ban. However, enforcement must be cost effective for Local Authorities. The geography of the Highlands will likely limit cost effective implementation of the ban in remote or rural areas. For that reason, the Council will write to Scottish Ministers calling on them, when making regulations for the implementation of the Bill, to allow the public to submit evidence of parking violations.     

(ii)That Highland Council agrees to contract the services of an external provider for the purposes of employee whistle-blowing.

Signed:   Mr R MacWilliam      Ms K Currie

In line with Standing Order 12 – the following financial impact had been identified by the Executive Chief Officer (Resources & Finance) in relation to the above Notice of Motion:-

‘There would be additional costs associated with contracting an external provider. It is not possible to determine the actual costs of this service without a tender exercise and the overall cost would also be dependent upon the number of whistle blowing instances and so on this occasion a competent financial assessment can’t be made within the timescale.

Outsourcing is not necessary nor a cost-effective way to deal with whistle blowing issues.

Work is being undertaken to transfer the management of the Whistle Blowing Policy to Internal Audit and will operate with a confidential email and telephone number for reporting’.

Decision

The Council NOTED that the above Notice of Motion had now been WITHDRAWN.

(iii)Since HC cut the playpark budget 2 years ago our play areas have been decimated. The equipment has failed and not been replaced meaning that housing estates are crying out for outdoor play for their children. The Administration said at the time that community groups could seek funding from other bodies. In practice this hasn’t happened as the public expect the local authority to provide them.

Often outdoor play equipment has a little more risk than indoor toys. Whether it is encouraging children to use slides they might be a little afraid to go down, or to try challenging play trails; outdoor play equipment can help children to learn to push their boundaries and become good at risk assessment. It also teaches them to explore new games and become confident in learning to try new things without being guided by adults.

Being outside means that children naturally get Vitamin D which is proven to help improve moods and create a positive mental attitude. The freedom outdoor play also encourages children to get rid of built up energy, particularly if they tend to be fidgety when sitting for long periods of time, this leads to them becoming calmer and ultimately helps them to be more focused when in the classroom.

It encourages them to use their imagination when learning, they develop better social skills and tap into their creative side.

Council agrees to identify a ring-fenced budget of £10,000 per ward per annum from next financial year to allow our playparks to be restocked and maintained overa5yearperiod.

Signed:  Ms M Smith   Mr D Louden

In line with Standing Order 12 – the following financial impact had been identified by the Executive Chief Officer (Resources & Finance) in relation to the above Notice of Motion:-

‘Budget provision of £210K per annum (over £1M across the five years) would be required if this motion is agreed.

The Council currently maintains 435 play areas. Independent inspections on the condition of our play areas was carried out in 2017. Obsolete equipment has been removed and a new repair and maintenance programme has been developed and implemented based on the findings of these inspections.  Following decision by council the budget for maintaining these assets was reduced by £212k in 2018/19 (more than half of the budget at £401,814 in 2017/18).  It is now £189,212 in 2019/20. 

At Council in October it was said the amenities review would include play areas and that it can identify options for making the service more sustainable.  This could include rationalising provision, supporting community asset transfers, prioritising repairs further and reviewing workforce arrangements.   By agreeing to the motion this would reinstate the saving (£210k per annum) agreed in 2018/19 However Communities Services is currently projecting an over spend projected of £1.1m this year. 

Reserves are at an all-time low and below levels recommended by external audit with a challenging financial outlook forecast by the Fraser Allander Institute.  Additional savings to off-set this budget request must therefore be agreed’.

During discussion, Members raised the following issues: -

• it had to be highlighted that since the playpark budget had been cut, play areas had been decimated and this had led to a situation whereby new housing estates currently enjoyed new play areas but older estates often now had no provision. As such, this situation now needed to be addressed, not least in terms of equality across the Highland area;
• it was not planned (at this meeting) to identify alternative savings from other areas which could be used to equate to the required expenditure as detailed in the Motion but the SNP Group had already undertaken this exercise and could make details available if necessary;
• whilst agreeing with the sentiment of the Motion, it was considered that the correct time to consider this proposal would be during discussion of the overall Council budget in February/March;
• it was acknowledged that the current system in place was failing and there was concern for individual areas/communities who were dealing with ongoing issues, such as making large payments to external companies for the purchase and installation of play park equipment. As such, it was suggested that there should be a moratorium on any further handing over of play parks to communities until this situation had been resolved;
• it also had to be recognised that often ‘natural’ play areas (away from established play parks) were often most used;
• there were many deprived areas across the Highlands where there was no play park provision at all and this was likely to have consequences in terms of any future attainment gap;
• consideration should be given as to whether it would be best for this issue to be considered by Local Committees in the first instance;
• the Council had a responsibility to all Wards and communities across the area and there was therefore a need for more detail on this issue before a decision was taken;
• issues of capacity would also have to be taken into account before putting any new policy in place so this would have to be considered as part of the future budget setting process;
• the provision of play areas was increasingly become a ‘postcode lottery’ and the full budgetary implications of any new proposal would have to be known before taking any further decision on this matter;
• issues of maintenance of existing play areas and the provision of new areas were associated with a sense of civic pride and this was an important factor for any future discussions;
• both the revenue and capital costs of any new arrangement had to be considered as part of the budget process;
• consideration should be given as to whether sponsorship could be pursued in relation to this issue in future; and
• issues such as health, wellbeing and deprivation had to be central to any future policy discussions on this matter.              

Decision

The Council AGREED the terms of an amended Notice of Motion whereby the final paragraph (of the Motion) was removed and replaced with the following – work should be undertaken by a Sub Committee on this issue with a view to bringing back a playpark budget as part of future budget discussions.  

17. Resourcing the Climate & Ecological Emergency

There had been circulated Report No. HC/62/19 dated 3 December 2019 by the Executive Chief Officer, Infrastructure & Environment.

In this regard, the report set out the anticipated resource requirements to meet the increased aspirations of the Council following the declaration of a Climate and Ecological Emergency which included:-

• a short piece of work through external assistance in pulling together the various strands of work underway and matching those against the Scottish Government Programme;
• the appointment of a Climate Change Manager who would be supported by a minimum of 2 Officers;
• completion of carbon baseline work for the region;
• a contribution of £15k for each of the next 3 years to support the employment of a Project Manager to oversee the Highland Adapts initiative; and
• a contribution of £10k to organise and facilitate a Climate Change Seminar in Spring 2020.     

Decision

The Council AGREED the resource requirements detailed within the report in the total sum of £145k which would be committed from the Council’s Change Fund.

It was also AGREED that, following contact from Wick High School pupils in particular, cardboard and recycling facilities should be provided within all Schools across the Highland area.

18. Transient Visitor Levy

Declaration of Interest - Mrs I MacKenzie declared a financial interest in this item on the basis of connections with a family business and, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, confirmed that she would leave the Chamber during the discussion.

There had been circulated Report No. HC/63/19 dated 27 November 2019 by the Executive Chief Officer (Transformation & Economy).

During discussion, Members raised the following issues: -

• thanks should be conveyed to the Officers concerned for the work undertaken and the extremely comprehensive report which included a significant level of research on this issue; 
• there were many Members in the Chamber who fully supported a ‘tourist tax’ and were firmly of the view that it would not deter visitors from coming to the area;
• it had to be acknowledged that at present the Council was meeting all costs in relation to issues such as road repairs, car parks, littering offences, etc and whilst tourists brought significant revenue to the Highlands, this did not come directly to the Council;
• it was in fact considered that a transient visitor levy could provide the necessary finance in future to enhance the ‘visitor experience’ in the Highlands;
• whilst being supportive of the transient visitor levy, it would however be essential that the position was reviewed on an annual basis with a report on whether there was an adverse effect on tourism – if it was the case that there was an issue with a decrease in future visitor numbers as a direct result of any transient visitor levy, then the position would need to be reconsidered at that time;
• it would be preferable to argue in any future discussions that a transient visitor levy should be set by the Local Authority and not the Scottish Government;
• this research had been undertaken on a much wider basis than previous external surveys and the additional level of detail was welcomed;
• tourism affected everyone in the Highlands in different ways and it was felt that the additional revenue from a transient visitor levy could provide the money required to bring some Highland roads up to an adopted standard in future;
• this had often been referred to as a ‘bedroom tax’ but this failed to encompass other issues such as the damage to roads and parking areas e.g. in Skye, consideration was currently being given to car parking charges at iconic sites in future;
• there was a need to have some scepticism in relation to survey results as it had been proved in the past that whilst respondents would offer their support for future charges for certain services in a survey, it could often be very different when they were subsequently asked to pay for those services;
• there was also a need for caution when making comparisons with other countries in this regard as the tax situation in those countries was often very different;
• it did appear from the research results that many local businesses were in fact in favour of a transient visitor levy;
• it would be advantageous for all issues in relation to the introduction of a transient visitor levy to be fully considered in the first instance by the Tourism Committee in order to provide a ‘Highland perspective’ on this issue – this could be followed by a report (with conclusions) being presented to a Strategic Committee or full Council encompassing recommendations on the level of revenue and how it should be distributed;
• any consideration of how this could work was at a very early stage but it was known that the expectation in local communities was that any money raised would be reinvested locally in order to meet infrastructure costs, etc. A clear focus on both consultation and the future criteria to be used in terms of distribution was therefore vital from the outset;
• the data and research which had been provided was very valuable and informative but it also had to be recognised that tourists would often pass through many areas of the Highlands during their stay and this would have to be kept in mind during discussion on future distribution levels;
• the advice from Scottish Government was pertinent regarding overnight stays and it would perhaps be appropriate to start with a modest levy and review the position on an annual basis;
• it was important to note that issues had been raised by the Federation of Small Businesses and the Chamber of Commerce in opposition to the introduction of a transient visitor levy on the basis that, when this was combined with VAT levels, it made the Highlands an expensive destination for tourists;
• it would be possible for a transient visitor levy to be implemented in a variety of ways and this was especially relevant to the Highlands;
• care would need to be taken in the introduction of a levy to ensure that there was no detrimental effect on smaller areas across the Highlands;
• there was concern that the introduction of such a levy would mean that tourist number would decrease in future as this had been the case in some other countries where a levy had been introduced;
• only Edinburgh and the Highlands were considering the introduction of a transient visitor levy at present and it was felt that as an alternative there should instead be a focus on the introduction of parking charges across the Highland area;
• it was imperative that the views of businesses were fully taken into account during future discussions on this issue;
• the Highland Council was currently meeting all costs in relation to the upkeep of the area across a range of services but this could not be sustained indefinitely and the introduction of a levy would produce much needed funds for the tourist experience in future; and
• finding a model which suited the Highlands was paramount and this could only be achieved through partnership working with the Scottish Government, businesses and local communities.

Thereafter, the Convener, seconded by Ms M Smith, MOVED the recommendations as listed in the report.

As an AMENDMENT, Mr A Jarvie, seconded by Mr P Saggers, moved that the Council should acknowledge the opportunity from the Scottish Government to legislate for a tourist tax but, given the negative impact on such a vital sector, respond to the Scottish Government that it is was opposed to the principle of a tourist tax.  

On a vote being taken, the MOTION received 44 votes and the AMENDMENT received 8 votes, with 3 abstentions, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion:

Mr R MacWilliam, Mrs P Munro, Mr C MacLeod, Ms P Hadley, Mr D Macpherson, Miss J Campbell, Mr G Ross, Ms L Munro, Mrs B McAllister, Mr I Brown, Ms E Roddick, Ms E Knox, Mrs M Cockburn, Mr A MacInnes, Mr C Fraser, Mrs L MacDonald, Ms N Sinclair, Mr J Finlayson, Mr B Thompson, Mrs T Robertson, Mrs C Caddick, Mr R Gale, Mr K Gowans, Mr B Boyd, Mr G MacKenzie, Mr D Louden, Mr H Morrison, Mrs F Robertson, Mrs J Barclay, Mr D Rixson, Mrs A MacLean, Mr A Graham, Mr B Lobban, Ms M Smith, Dr I Cockburn, Mrs H Carmichael, Mrs M Davidson, Mr A MacKinnon, Mr A Henderson, Mr A Christie, Mr J Gray, Mr R Bremner, Mr R MacDonald and Mr N McLean.      

For the Amendment:

Mr R Balfour, Mr D MacLeod, Mr I Ramon, Mr D MacKay, Mr A Jarvie, Mr J Bruce, Mr P Saggers and Mr A Sinclair.

Abstentions:

Mrs I MacKenzie, Mr G Cruickshank and Mr C Smith.

Decision

Members AGREED: -

1. the written response to the Scottish Government consultation as set out in Appendix 4;
2. the support for a Transient Visitor Levy in Highland evidenced in the online and face-to-face surveys but also the observations on impact and design made across the consultation;
3. that this evidence constituted a mandate to introduce a Highland TVL and  committed to further consideration of how such a scheme might be designed and implemented in order to reflect the views given in the consultation and to mitigate any potential negative impacts;
4. to incorporate the views from the Highland consultation in a series of design principles which would be used in the Council response to, and subsequent engagement with, the Scottish Government;
5. that a Highland TVL should be able to be applied in ways other than just a ‘bed tax’ on those staying in paid overnight accommodation.
6. that Highland residents but not residents from other parts of Scotland should be exempted from paying a Highland TVL;
7. to continue to work with the Scottish Government wherever possible to help shape other elements of the national approach to reflect the region’s needs and the results of the Highland consultation;
8. to commit to the following principles in relation to the investment of revenue from a Highland TVL scheme, if implemented:

• ring-fencing revenue to ‘tourism uses’ as sought in all elements of the Consultation and outlined in the Scottish Government National Consultation;
• acknowledging the Consultation results in relation to investing TVL revenue and use these, along with working with Scottish Government and local partners, to help determine what constitutes ‘tourism uses’ and how these are defined for Highland;
• exploring how some TVL revenue might be ring-fenced for use in the area of Highland in which it is raised, including representing the need for this to Scottish Government so that legislation allows this, and investigating logistical and financial implications of different models; and

9. that Officers work with the Council’s Tourism Committee on the detail of a scheme with a view to producing a series of recommendations on the design of a scheme that would be brought back to a future meeting of the Council for approval.

19. Highland Armed Forces Community Covenant Update
Aithisg Bhliadhnail Cùmhnant nam Feachdan Armaichte

There had been circulated Report No. HC/64/19 dated 25 November 2019 by the Acting Head of Policy.

Declaration of Interest – Mr A Christie declared a non-financial interest in this item as General Manager of Inverness, Nairn, Badenoch & Strathspey Citizens Advice Bureaux 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.

During discussion, Members raised the following issues:-

• there had been a number of positive achievements over the past year in a number of areas, including education and health, and this was welcomed;
• thanks should be conveyed to the staff involved in this work and particularly Dot Ferguson, Lou Kinnear and Jo Lenihan;
• specifically, the work undertaken through the Military Liaison Group was regarded as an example of ‘best practice’;
• every Combat Unit now had a firm base which was a very positive development, not least for family stability and uptake of employment opportunities, although lack of availability of suitable housing stock continued to be a problem;
• there was a need to highlight the excellent work being undertaken through the Action Plan in terms of delivering on the agreed outcomes surrounding the economy, children and young people, caring communities, housing and empowering communities;
• NHS Highland had received a second Libor Grant of £1.02m to provide continued support for veterans and this was warmly welcomed;
• In thanking those involved for the excellent work in the promotion of positive outcomes, there was a need for liaison with other Service Charities in order to identify potential future opportunities;
• thanks should also be conveyed to Cadets and Adult Volunteers for the invaluable work which they continued to undertake; and
• there was a need for more tailored local training to be put in place and the potential for a Creative Forces Day to be held in the Highlands in future would be a very positive step in this respect.     

Decision

Members NOTED: -

1. the considerable progress made with partners over the past 14 months across a range of activities which supported the Armed Forces Community Covenant;
2. the creation of a specific Reserves Special Leave Scheme which would be reported to a future Corporate Resources Committee; and
3. that the Council was working towards a submission for the Defence Employer Recognition Scheme Gold Award.

20. Fostering and Adoption: Foster Carer Fees Review and Proposal
Altramadh agus Uchd-mhacachd  

There had been circulated Report No. HC/65/19 dated 29 November 2019 by the Executive Chief Officer (Health and Social Care).

During discussion, Members raised the following issues:-

• there was a need to welcome progress on this issue but it was hoped that there could be an increase in the number of foster carers in the near future as only 15 out of the 18 foster carers who had left had been replaced to date;
• the proposal in the report should be viewed as a ‘spend to save’ measure as Highland Council was still in the lowest cluster of Local Authorities in this regard;
• on the basis that there was clear evidence that the life outcomes of a child who remained close to home improved radically, the proposal for a ‘fee per child’ was warmly welcomed although there was still a need for an increase in the ‘allowance’ element;
• it was hoped that more people across the Highlands could be encouraged to become involved in foster caring in future;
• it was clearly beneficial for siblings to remain together wherever possible and it was felt that the proposals within the report could enable this to a much greater degree in future;
• congratulations should be extended to Councillor A Jarvie for the considerable level of work which he had undertaken in relation to this issue over recent months;
• it was important that the thanks of the Council were conveyed to current foster carers and that they were made aware of how much they were valued;
• the work of previous and current Officers across the Council was highlighted and it was stressed that ‘universal services’ would be needed in future whilst working within local communities across the Highlands to meet the increasing demand in this regard;
• prevention and early intervention were key in terms of keeping families together and as such vital links with Community Planning Partners were essential;
• it was suggested that the most importance sentence within the report was as follows – ‘Foster Carers are critical to the successful care of looked after children and there is evidence that supports the view that children in foster care achieve better outcomes’;
• it would be helpful if an early report could be submitted to a Strategic Committee on ‘best practice’ which included current and previous work undertaken across the Council in relation to this issue; and
• further information was needed on the potential to increase work placements for teenagers and also on any future proposals around fees for kinship carers.                  

Decision

The Council AGREED:-

1. to change Foster Carer fee payments from a fee per household to a fee per child; and
2. to increase Foster Carer fee payments by 20%.