Agendas, reports and minutes

Minutes of Meeting of the Highland Council held in the Council Chamber, Council Headquarters, Glenurquhart Road, Inverness on Thursday, 12 March 2020 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 R Bremner (v/c), Mr J Bruce, Mrs C Caddick, 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 L Fraser, Mr R Gale (v/c), Mr K Gowans, Mr A Graham, Mr J Gray, Mrs P Hadley (v/c), Mr T Heggie, Mr A Henderson, Mr A Jarvie, Mr B Lobban, Mr D Louden (v/c), Mrs L MacDonald, Mr D MacKay, Mr W MacKay (v/c), Mr G MacKenzie, Mr S Mackie, Mr A Mackinnon, Ms A MacLean, Mr C MacLeod (v/c), Mr D MacLeod, Mr D Macpherson, Mr R MacWilliam, Mrs B McAllister, Mr J McGillivray (v/c), Mr N McLean (v/c), Mrs M Paterson, Mr I Ramon, Mr M Reiss, Mr A Rhind, Mr D Rixson, Mrs F Robertson, Mrs T Robertson, Ms E Roddick, Mr K Rosie, Mr G Ross, Mr P Saggers, Mr A Sinclair, Ms N Sinclair (v/c), Mr C Smith, Ms M Smith, and Mr B Thompson (v/c).

In Attendance:
Chief Executive
Executive Chief Officer, Communities & Place
Executive Chief Officer, Resources & Finance
Executive Chief Officer, Health & Social Care
Executive Chief Officer, Infrastructure & Environment
Executive Chief Officer, Performance & Governance
Executive Chief Officer, Property & Housing

Mr B Lobban in the Chair

Apologies for absence were intimated on behalf of Mr B Allan, Mr A Baxter, Mr B Boyd, Mr I Brown, Mrs I Campbell, Mr C Fraser, Mr J Gordon, Ms E Knox, Mr A MacInnes, Mrs D MacKay, Mrs I MacKenzie, Mr H Morrison, Ms L Munro, Ms P Munro and Mrs C Wilson.

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:-

Item 12 – Mr S Mackie (Financial)
Item 13 – Mr A Christie (Financial)
Item 14 – Mr A Christie (Financial)
Item 14 - Mrs A MacLean (Non-Financial)
Item 18 – Mr A Henderson, Mrs T Robertson, Mr A MacKinnon, Mr J Finlayson, Dr I Cockburn, Ms M Smith, Mr G MacKenzie, Mrs H Carmichael, Mr B Thompson, Mrs F Robertson and Mr A Christie (All Financial)
Item 18 – Mr A Jarvie (Non-Financial)
Item 19 – Mr A MacKinnon (Financial)  
Item 22 – Mr A Jarvie and Mr D Macpherson (Both Non-Financial)

3. Presentation - Microsoft

A presentation was undertaken at the meeting during which the advantages of adopting the Cloud Navigator programme to underpin the aims of an ambitious, sustainable and connected Council were highlighted. 

In this regard, it was stressed that this was now a fast paced digital world in which conversations were happening in unexpected places on a digital level and there was therefore a need for organisations to have the capability to build on current arrangements in order to realise and deliver on the opportunities for future innovation.

As such, digital transformation was building the capability to innovate every day and in this regard the three most important stages were confirmed as innovating, building and modernising.

In summary, the Cloud Navigator approach represented eight weeks of Microsoft investment to shape a programme of interventions to accelerate business change and as such represented a multiple step approach for organisations.

During discussion, information was provided on ownership of new ‘digital tools’, how quickly the Council could move towards the Cloud Navigator programme, the sharing of information between Local Authorities in future, the current and future arrangements for hardware in schools, required security regulations around moving to any new system and the potential for Data Centres to be located in the Highlands in future.        

Decision

Having thanked the Microsoft representatives for the extremely detailed and informative presentation, the Council otherwise NOTED the terms of the presentation as detailed.

4. Confirmation of Minutes     
Daingneachadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the Minutes of Meeting of the Council held on 9 December 2019 and the Minutes of the Special Meetings held on 13 February and 5 March 2020 as contained in the Volume which had been circulated separately - which were APPROVED.

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

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

Housing and Property Committee, 29 January
Communities and Place Committee, 26 February

Economy & Infrastructure Committee, 6 February - Starred Item - Stromeferry Working Group

The Council AGREED that, in order to ensure consistency, the membership of the Working Group should continue unchanged as the Council moved forward with its new Committee Structure - Mr A Henderson, Mr H Morrison, Ms T Robertson, Mr A Mackinnon, Mr M Reiss, Ms I Campbell, Dr I Cockburn, Mr A MacInnes, Mr D MacLeod.

Badenoch and Strathspey Area Committee, 11 February
Health, Social Care and Wellbeing Committee, 12 February
Caithness Committee, 19 February
Lochaber Committee, 19 February
City of Inverness Area Committee, 20 February
Sutherland County Committee, 24 February
Corporate Resources Committee, 30 January

Education Committee, 27 February - Starred Item - Stoer Primary School - Lochinver Primary School

The Council AGREED that education be discontinued at Stoer Primary School and its catchment transferred to that of Lochinver Primary School.

Isle of Skye and Raasay Committee, 2 March

6. Community Planning Board
Bòrd Dealbhadh Coimhearsnachd

There had been circulated Minutes of Meeting of the Community Planning Board held on Wednesday, 18 December 2019 (which had been approved by the Board on 28 February 2020) - which were NOTED.

7. Climate Change Working Group
Buidheann-Obrach Atharrachadh na Gnàth-shìde

There had been circulated Minutes of Meeting of the Climate Change Working Group held on Friday, 28 February 2020 - which were APPROVED.

8. Brexit Working Group
Buidhean Obrach Brexit

There had been circulated Minutes of Meeting of the Brexit Working Group held on Thursday, 23 January 2020 - which were APPROVED.

9. Recruitment Panel – Executive Chief Officers

There had been circulated Minutes of Meetings of the Recruitment Panel held on 8 January and 14 February 2020 - which were NOTED.

10. Membership of Committees, etc
Ballarachd Chomataidhean, msaa

The Council AGREED the following:-

Highland Licensing Committee/Highland Licensing Board

It was NOTED that Mr B Thompson had confirmed his intention to step down from the Highland Licensing Committee and Highland Licensing Board with immediate effect. On that basis, nominations had been sought from Wards 5, 8, 10, 11, 12, 20 and 21 for the vacant place but there had been no nominations received.

Wellbeing Joint Sub Committee

It was AGREED that the Wellbeing Joint Sub Committee should be a Sub Committee comprising 14 Members from some or all of the following Committees of the Council: Education; Health, Wellbeing and Social Care; Communities and Place; and Housing and Property. In addition, Substitute Members should be allowed and the Sub-Committee itself should be politically balanced. 

In this regard, the Council AGREED the membership which had been as tabled at the meeting. 

Redesign Board

It was AGREED that the new Redesign Board should comprise 16 Members, along with the current 2 Trade Union representatives. In addition, Substitute Members should be allowed and the Board itself should be politically balanced and appoint its own Chair and Vice Chair. 

In this regard, the Council AGREED the membership which had been tabled at the meeting.

Tourism Committee 

The Council AGREED the membership of the Tourism Committee as follows:-

Mr B Lobban, Mr J Gordon, Mr A Henderson, Mr D Macpherson, Mrs M Paterson, Mr H Morrison, Mr R Bremner, Mr C Fraser, Dr I Cockburn, Ms M Smith, Mr A Jarvie, Mr S Mackie, Mr G Adam and Mr D Rixson. 

Gaelic Committee

The Council AGREED the membership of the Gaelic Committee as follows:-

Mr A MacKinnon, Mrs I Campbell, Mrs M Paterson, Mr A Henderson, Miss J Campbell, Mr J Gordon, Mr R Bremner, Mr A MacInnes, Ms E Roddick, Mr G MacKenzie, Mr D MacKay, Mr A Sinclair, Mr D Rixson and Mr G Adam.

The Council also AGREED the following changes as tabled at the meeting:-

Corporate Resources Committee – Mr J Bruce to replace Mr D MacLeod.

Climate Change Working Group – Mr J Gordon and Mr D Macpherson to replace Mr M Finlayson and Mr T Heggie. 

11. Question Time    
Am Ceiste

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

Mr K Gowans

To the Leader of the Council

“As we now approach 3 years of the Independent/Lib Dem/Labour Administration of this Council, SNP Members still have no representation on external bodies where Members are appointed in this Chamber.  Surely you acknowledge that the SNP group are the second largest group and the largest political group in this Council and as such should have representation on external bodies or boards in a way that reflects the membership of Highland Council. By disallowing SNP membership, the position undermines local democracy.

Will you consider this anomaly and bring forward a review of the Council’s representation on external bodies and boards to better reflect the democratic wishes of the Highland people?”

The response had been circulated.

In terms of a supplementary question, it was queried whether, given that the Best Value Audit Report had placed an emphasis on the need for the Council to be more communicative, inclusive, integrated and informed, the Leader could explain how her response accorded with the ethos of that report.

In response, the Leader confirmed that it was her opinion that the current Administration was open, sharing and inclusive and that Mr Gowans should contact her directly if he had a particular issue which he wished to discuss directly with her.    

12. Notices of Motion
Brathan Gluasaid

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

(i) Council notes that during the 2019/20 budget setting, members agreed that a waste policy would be drafted to the following statement:
“There would be a restriction on vans, trailers and other large loads of waste containing construction and demolition wastes”. 
This was due to a problem with specific type of waste being disposed of by some commercial operators at domestic recycling centres.
On 15 August 2019, the Environment, Development and Infrastructure Committee agreed a policy in response to this. However, there has latterly been confusion and ambiguity around what was agreed. Section 5.2.2 of the report outlined the proposed restrictions on sizes of trailer, van and types of vehicle, anything over this would be prohibited from using any recycling centre regardless of the type of waste it contained. However, section 5.2.3 immediately after stated: 
“Other household waste (e.g. household furniture, electrical appliances or garden waste) will not be affected by the quantity restrictions imposed on construction and demolition waste detailed above” 
The ambiguity of this gave many people the impression that household waste, including garden waste, would not be affected by the restrictions. 
The policy allows multiple trips with smaller quantities of waste, making any revenue saving by reducing to overall quantity of waste disposed of questionable. Furthermore, taking vehicle multiple journeys to dispose of a quantity of waste which could be disposed of in one, it is difficult to align this with Council’s declaration of a Climate Emergency.
Taking into consideration all of the above points. Along with the fact that in many areas of the Highlands, the Council is the only provider of waste services, this Council agrees with the policy’s original intent; to impose a restriction on vans, trailers and other large loads of waste containing construction and demolition wastes.  However it proposes that there should be flexibility for oversize trailers belonging to private householders disposing of domestic waste such as household furniture, electrical appliances and garden waste.  Individuals disposing of building waste should be restricted to the existing policy.

Signed:    Mr A Jarvie    Mr P Saggers    Mrs C Caddick

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 a financial impact arising from this proposal but within the timescale it had not been possible to accurately determine the value.

During discussion, Members raised the following issues: -

• the submission of this Notice of Motion had followed a number of complaints about the ambiguity of the current policy in relation to disposal of household and garden waste which appeared to have a detrimental impact on rural areas in particular;      
• there was concern that if this situation was not resolved, it could lead to increased instances of fly tipping across the Highlands and this had been witnessed in recent days;   
• it was suggested that it would perhaps be advisable to accept the terms of the Notice of Motion and also review this policy again at the time of the next budget setting process; 
• steps had to be taken to resolve a situation whereby private householders were being penalised because they were not using the correct type of ‘conveyancing’ as judged by Council Officers;
• it was imperative that a solution was found to this issue in the short term and until a more suitable arrangement could be put in place;
• a suggested compromise was that the Council could provide double axle trailers larger than 2 x 4 metres access to household waste recycling centres with 4 free permits per year in 2020/21 to dispose of household waste;
• it should be highlighted that there was a mixed economy in the Highlands in relation to refuse collection and other services for collection were available, along with composting where possible;
• there was serious concern that a suggested amendment to the budget, which had only been agreed in the previous week, was now being proposed;
• it was imperative for the Council to be a ‘listening Council’ and to take account of the concerns which had been expressed on this issue by members of the public, particularly in rural areas where a brown bin collection service was not in operation;
• it had been stated that there was a mixed economy for refuse collection in the Highlands but there were no alternatives published on the Council’s Website for the information of the general public;
• in relation to Climate Change, the suggestion that there should be smaller trailers with a consequence of perhaps more journeys could not be supported in terms of the risk of increased carbon emissions;
• the group most affected by the Council’s policy in this regard were the Recycling Team who had to enforce it and who often came in for unacceptable levels of abuse and it was felt that approval of the Motion could perhaps make this situation worse;
• in terms of a contrary view, it was suggested that the current Council policy had many unintended consequences and this put recycling staff under even more pressure;
• there had been similar issues with recycling in the past which had given rise to complaints from communities across the Highlands and it was felt that better communication was needed in future;
• there was a strong feeling that support could not be given for any proposal, such as contained in the amendment, which limited Council services which were paid for by the general public;
• the Council policy contained an emphasis on ‘reduce, re-use and recycle’ and it was suggested that this would not be fully supported if the terms of the Motion were carried;
• the dangers and costs associated with potential fly-tipping across the Highlands had to be acknowledged;
• consideration should be given to any scheme which would enable composting at a local level for those people who could not do this on an individual basis;
• it was queried as to whether it could be possible in future for items to be taken away from recycling centres to be re-used; and
• as well as reviewing the current policy, there was a need to thank and pay tribute to current recycling staff for the work undertaken across the Highlands.                   

Thereafter, Mr A Jarvie, seconded by Mr P Saggers, MOVED the terms of the Notice of Motion as detailed.

As an AMENDEMENT, Mr A Henderson, seconded by Mr A MacKinnon, moved that the Council should provide double axle trailers larger than 2 x 4 metres access to household waste recycling centres with 4 free permits per year in  2020/21 to dispose of household waste.

On a vote being taken, the MOTION received 28 votes and the AMENDMENT received 26 votes, with 1 abstention, and the MOTION was therefore CARRIED, the votes having been cast as follows:-

For the Motion
A Jarvie, P Saggers, K Currie, R MacWilliam, R Balfour, J Campbell, L Fraser, A Sinclair, C Smith, L MacDonald, C Caddick, D MacLeod, J Bruce, I Ramon, Mr D MacKay, K Gowans, G Campbell-Sinclair, K Rosie, G MacKenzie, S Mackie, M Smith, I Cockburn, P Hadley, C MacLeod, M Cockburn, D Louden, R Bremner and N Sinclair.     

For the Amendment
A Henderson, A MacKinnon, D Macpherson, M Paterson, G Ross, T Heggie, A MacLean, B McAllister, G Cruickshank, J Finlayson, M Finlayson, G Adam, T Robertson, M Reiss, F Robertson, J Barclay, D Rixson, A Graham, B Lobban, H Carmichael, M Davidson, A Christie, J Gray, B Thompson, R Gale and Mrs D MacKay.

Abstention
Mr A Rhind
     
Decision

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

(ii) The Highland Council call upon CoSLA to set up a policy forum specifically related to developing policies and policy adjustments aimed at supporting serving and former members of the Armed Forces and their families in accordance with the commitments made by all Scottish Local Authorities in support of the Armed Forces Covenant.

Signed:    Mr C Smith    Mrs C Caddick    Mrs M Davidson    Ms E Roddick    Mr R Balfour

In line with Standing Order 12 – the Executive Chief Officer (Resources & Finance) had confirmed that there was no financial impact in relation to the above Notice of Motion.

During discussion, Members raised the following issues:-

• it was anticipated that the setting up of a policy forum would help to develop policies which could be implemented across Scotland and ensure that the Armed Forces community could access services in a consistent way, irrespective of where they chose to live or settle;
• when entering the civilian community, the structures that soldiers were used to were not always in place due to the different approaches taken by Local Authorities and this could make it difficult for them and their families;
• a unified policy and approach would be a welcome development for members of the Armed Forces who sought to settle out with the area in which they served and it was anticipated that there would be many Veterans’ Champions within Local Authorities who could sit on policy forums;
• since signing up to the Highland Armed Forces Community Covenant, the Council had been recognised as having demonstrated best practice in its approach to working with members of the Armed Forces and their families and this had to be highlighted;
• the cross-sector work undertaken by organisations within Highland and Moray, which had particularly focused on education, employment, health and housing, had been exemplary;
• policies existed in other areas in Scotland which ensured that veterans and the serving military were both treated equally and, in some respects, given preferential treatment;
• the establishment of a policy forum would ensure best practice across Scotland and an aligned approach across all Local Authorities;
• the work that had gone into the Covenant in Highland had been substantial and Officers were commended for the support they had provided;
• in addition to writing to CoSLA, it was suggested that raising the profile of the proposed policy forum and increasing press coverage should be considered;
• in signing up to the Covenant, the responsibility was incumbent on Councils to support veterans;
• in highlighting the number of new houses being built in Inverness, it was suggested that there was still a lack of housing specifically allocated to military personnel; and
• it should be noted that military personnel were highly trained and could deliver a high level of professional service in any community.          

Decision

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

(iii) Responding to the Climate Emergency, Highland Council agrees that all householders, except those in listed buildings and/or conservation areas, can replace existing glazing with double or triple glazing without having to apply for planning permission.

Signed:    Mr D Louden    Dr I Cockburn 

In line with Standing Order 12 – the Executive Chief Officer (Resources & Finance) had confirmed that there was no financial impact in relation to the above Notice of Motion.

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

(iv) Highland Council has declared a Climate and Ecological Emergency.

The Public expect Highland Council to follow that declaration with practical measures.

Highland Council manages a substantial Council House building programme. Building in a Highland environment is expensive and all budgets are tightly controlled. Highland Council may prove reluctant to try new technology such as District Heating Systems because of their perceived risk.

Accordingly, Council directs the CEO and appropriate HC officers to prepare and make a submission for 50% costs towards a District Heating System under the ‘Heat Networks Early Adopter Challenge Fund’

Suggested first site: Phase 2 of HC’s proposed development on the Blar Mhor by Fort William since this will involve over 100 new houses with, eventually, a new hospital and a new UHI/WHC building.

Signed:    Mr D Rixson    Mrs T Robertson 

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 a financial impact of 50% of the costs associated with this proposal but the overall costs were not available and it was therefore not possible to determine the cost to the Council.

During discussion, Members raised the following issues:-

• it was now proposed that the original Notice of Motion should be amended to read as follows – Highland Council has declared a Climate and Ecological Emergency. The public expect Highland Council to follow that declaration with practical measures. Highland Council manages a substantial Council house building programme. Building in a Highland environment is expensive and budgets are tightly controlled. Highland Council welcomes the potential support that might be offered by the Scottish Government’s ‘Heat Networks Early Adopters Challenge Fund’ and agrees to explore the opportunities for assistance with future projects. Council also agrees to explore the possibilities of a District Heating System in connection with Phase 2 of the Blar Mhor development by Fort William – with a report coming back to Counci’;
• District Heating Systems offered far greater efficiencies than individual heating systems and could generate heat from a variety of renewable energy sources;
• the potential benefits of installing a single centralised heating system included a reduction in fuel poverty, improved air quality and the removal of fossil fuels;
• whilst District Heating Systems were not suitable in remote areas where there was only a scattering of houses, an increasing number of people lived in or near larger settlements within the Highlands;
• current heating systems were not considered to be climate friendly and energy costs were at a premium in the Highlands;
• the West Coast had experienced a particularly stormy winter recently and as houses could not be hermetically sealed, wind-chill was an issue for buildings as well as people;
• the Council’s strategic vision included the provision of affordable homes for young families to rent and heat;
• consideration, including an options appraisal, should be made of the use of a District Heating System for Phase 2 of the Blar Mhor development and all other housing developments in the future;
• the Scottish Government’s recently published Heat Networks Bill would provide a regulatory framework for the development of heat networks in Scotland and aimed to create more efficient heat networks running fully from renewables thereby lowering emissions and reducing fuel poverty;
• there was an opportunity to apply for up to 50% capital funding towards a District Heating System under the Heat Networks Early Adopter Challenge Fund;
• carbon based heating systems contributed considerable amounts of particulates into the air and atmosphere and replacing these with renewable forms of heating would improve air quality and reduce carbon output;
• the Council had embarked on a substantial house building programme and there was potential through this programme to explore renewable forms of heating which would contribute towards achieving the target of becoming carbon neutral by 2025;
• District Heating Systems could help to alleviate fuel poverty as they provided a higher efficiency of heat generation;
• research had shown that low or medium temperature networks based on heat pumps offered the greatest Co2 savings potential;
• support for this Motion would show that the Council continued to make the climate emergency declaration integral to its plans for the future of Highland communities;
• the Blar Mhor site would be an appropriate location to install a District Heating System given the number of houses planned, the proposed new hospital and University of the Highlands and Islands/West Highland College building;
• District Heating Systems had the potential to remove the need for boilers and heat pumps within new housing developments but it was imperative that they were well designed; and
• In drawing attention to some housing developments in Aviemore which had experienced problems with centralised heating systems, the importance of ensuring that district heating systems were correctly installed in the first place was emphasised.

Decision

The Council AGREED the following amended Notice of Motion:-

Highland Council has declared a Climate and Ecological Emergency. 

The public expect Highland Council to follow that declaration with practical measures.

Highland Council manages a substantial Council house building programme. Building in a Highland environment is expensive and budgets are tightly controlled. Highland Council welcomes the potential support that might be offered by the Scottish Government’s ‘Heat Networks Early Adopters Challenge Fund’ and agrees to explore the opportunities for assistance with future projects. Council also agrees to explore the possibilities of a District Heating System in connection with Phase 2 of the Blar Mhor development by Fort William – with a report coming back to Council.

Declaration of Interest – Mr S Mackie declared a financial interest in the following item (v) as the Chair of the Dounreay Stakeholders Group which was a Council appointment 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.

(v) Women in Nuclear is an organisation that exists to improve diversity and gender balance within the nuclear industry which, like STEM disciplines overall, is significantly under-represented by women. An award-winning branch (WiN UK Highland) has been established to represent the Dounreay and Vulcan sites and has recruited members from across the Highland Council area.

Given the importance of the nuclear industry to Caithness, North Sutherland and the wider region and the pressing need to improve the gender balance, the Highland Council therefore agrees to sign the Women in Nuclear (WiN) industry charter.

Signed:    Mr S Mackie    Ms L Munro    Mr H Morrison

In line with Standing Order 12 – the Executive Chief Officer (Resources & Finance) had confirmed that there was no financial impact in relation to the above Notice of Motion from signing the Charter unless it placed a financial obligation on the Council.

During discussion, Members raised the following issues:-

• the workforces at both the Dounreay and Vulcan sites were highly skilled and valued and there was an aspiration to increase female representation;
• WiN UK Highland had been fantastic ambassadors of upskilling the existing workforce at Dounreay and Vulcan through its promotion of the opportunities available within the industry and its proactive engagement with the local community;
• the WiN industry charter strived to remove potential barriers for women and all other under-represented groups from entering the nuclear industry;
• given the importance of the industry to the region and the Council’s clear commitment to gender balance, equality and removing barriers to under-represented groups, it would be fitting for the Council to become the first unitary Local Authority to sign the Charter, which included a list of regulators, contractors, businesses and the trade union movement;
• if the terms of the Motion were carried, the Chair of the Dounreay Stakeholder Group would extend an offer to the Council Leader to join him on site at the earliest opportunity to sign the Charter in person and to meet those involved in WiN UK Highland;
• it was suggested that an amendment be made to the Motion to include the following wording – ‘the Highland Council positively supports opportunities for women in all industries’;
• Dounreay and Vulcan were the lifeblood of the North Sutherland and Caithness areas of the Council and the expertise and benefits provided by both sites to the Council as a whole was emphasised;
• Police Officers, who protected the site of Dounreay and its contents, and their families living in the area contributed to local life in Caithness and North Sutherland in many ways;
• the nuclear industry provided an important role in both the local and national economy at a time when decommission of a number of sites was taking place elsewhere; and
• WiN UK’s promotion of improved gender balance within the nuclear industry, particularly in STEM, was commended.

Decision

The Council AGREED the following amended Notice of Motion: -

Women in Nuclear is an organisation that exists to improve diversity and gender balance within the nuclear industry which, like STEM disciplines overall, is significantly under-represented by women. An award winning branch (WiN UK Highland) has been established to represent the Dounreay and Vulcan sites and has recruited members from across the Highland Council area. 

Given the importance of the nuclear industry to Caithness, North Sutherland and the wider region and the pressing need to improve the gender balance, the Highland Council positively supports opportunities for women in all industries and agrees to sign the Women in Nuclear (WiN) industry charter.

13. The Highland Council Best Value Assurance Report 2020

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

There had been circulated Report No. HC/3/20 dated 27 February 2020 by the Chief Executive.

During discussion, Members raised the following issues: -

• there was a need to recognise all the contributions which had been made to the Best Value Assurance Report (BVAR) which had been a useful exercise for self-reflection and which had provided not only reassurance of the elements being done well but also the positive vision for moving forward; 
• issues in relation to public health and climate change had to be given absolute priority in all that was being undertaken as the Council moved forward; 
• the Council was experiencing a period of unprecedented change and the savings made over the past decade had to be viewed as extraordinary and a significant challenge. However, there was a need in the future to ensure that necessary changes were implemented at a quicker pace;
• the current year’s budget was very positive and included actions to ensure the replenishment of reserves and, whilst moving into medium and long-term planning, credit had to be given to the staff and the Chief Executive for efforts in this regard. It was also highlighted that communities were becoming more involved and more influential in terms of input to the budget than had been the case in the past;
• there was a view however that collaboration between the Administration and the Opposition Groups within the Council could be improved in future in terms of budget planning/consultation. As such, it was suggested that consultation in particular should be undertaken at a much earlier date in the year; 
• there was a real emphasis on improving scrutiny in future and this was welcomed ; 
• it was noted that issues in relation to Education and Children’s Services had slipped in recent years but had improved in the last year and this was welcomed; 
• there were concerns about performance against the national benchmark and deterioration over a five year period in areas including, but not limited to, financial sustainability, meeting budget gaps and obtaining best value. In this respect, it was suggested that Members needed to make better use of quality performance information and collaborative leadership was required; 
• it was highlighted that Members required consistent and regular training and attendance at such training was crucial for better understanding of various issues in the long term;
• there was a need to recognise the significant pressure and lack of financial support in the third sector in terms of involvement in the delivery of locality plans and as such it was stressed that there was a limit to the ‘good will’ within Volunteer Boards. In order to achieve goals across the Community Planning Partnership, and whilst supporting the localism agenda, local areas needed to have the same importance and treatment as a City; and 
• the Best Value Audit report had focused on the continuous improvement and maintenance of best value, with common themes focusing on improvement, a transformational agenda, stability, long term planning, engagement between all Members, staff and communities and Member engagement in the scrutiny process. 

Decision

The Council:-

(i)     NOTED the key findings of the report;
(ii)    APPROVED the BVAR Improvement Plan provided as Appendix 2 to the report;
(iii)   NOTED, as outlined in Section 8, the improvement actions that were already in place and being implemented to address the historic issues identified in the BVAR;
(iv)    NOTED the relevance of the Accounts Commission report, ‘How Councils Work, Safeguarding Public Money: Are You Getting It Right’, in supporting Members’ scrutiny role in the context of Best Value (Appendix 3); and
(v)     APPROVED the Terms of Reference for the Community Planning Partnership at Paragraph 8.7 of the report as agreed by the CPP Board to strengthen governance, accountability and performance of the Board in order to improve outcomes.    

14. Local & National Statutory Performance Indicators (SPIs) 2018/19

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

Mrs A MacLean declared a non-financial interest as a Director of the Ross & Cromarty Citizens’ Advice Bureau but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that her interest did not preclude her from taking part in the discussion. 

There had been circulated Report No. HC/4/20 dated 25 February 2020 by the Chief Executive. 

During discussion, Members raised the following issues:-

• it was emphasised that it had never been more important to be connected via broadband and for the system to function well and as such it was hoped that the voucher scheme would be launched earlier than in the summer as had been originally planned and for it to be launched in Highland where there were currently many ‘unconnected’ areas;
• there were concerns however that once broadband did arrive in rural areas, it could attract multiple users and this could cause a subsequent decrease in speed and functionality which would have an effect on lines and supplies; 
• it was suggested that there needed to be a significant improvement in future in asset suitability; 
• road services did not appear to be a realistic indicator on how the roads were performing and it was suggested that local indicators would be more useful and valuable for the Council;  
• in response to concerns about carers feeling unsupported, it was noted that a joint action plan was being completed, which included care solutions for transformation in adult social care and involved those with a track record in delivering adult social care transformation in other parts of UK. New governance was also to be put in place for Members of the Council and NHS Highland in terms of monitoring transformation; 
• the sickness and absence rates of teachers was highlighted as a concern and it was suggested that this could be due to a lack of funding, as well as issues with morale and the long term reduction of resources for ASN and PSA’s. Violence and aggression in schools was also very worrying. In this respect, it was disappointing that 80% of the quartiles had not shown improvement but it was noted that a new Education Improvement Team was working with schools in order to identify and implement improvements; 
• in regard to looked after children being placed out of area, the target goal was 20 by March 2020 and in this respect an update was provided to confirm that there were currently 30 looked after children out of the area which was down from 39 and the Council was therefore set to meet the target by the end of the year; 
• in future each Strategic Committee would be required to evaluate its own performance once a year and would be doing so against relative targets in this report. As such, it would be important to prioritise the most important changes and improvements; and
• it was essential to highlight that there were many areas in the report where the Council was performing well and in future there would be a need to focus on the areas that most impacted lives across the Highlands.

Decision

The Council:-

(i)     SCRUTINISED the performance of SPIs for 2018/19 against their targets and their national benchmark position and the initial analysis of areas for improvement in Appendix 4 of the report and the commentary and planned improvement actions;
(ii)    NOTED that Service Plans would be presented to Strategic Committees early in the new financial year and that Members should expect the opportunity to scrutinise plans in response to the information contained in this report at that time; and
(iii)   NOTED the corporate improvement actions in place in response to the performance related findings of the Council’s BVAR which had been outlined in Paragraphs 8.1 and 8.2 of the report.  

15. Treasury Management Strategy Statement and Investment Statement 2020/21

There had been circulated Report No. HC/5/20 dated 28 February 2020 by the Executive Chief Officer, Finance and Resources.

During discussion, and in response to queries from Members in relation to whether other external avenues had also been considered for future borrowing, it was confirmed that there was currently no requirement for any assessment of the financial position of the Council or detailed consideration of the rate to be charged when a loan application was made through the Public Works Loan Board. In this regard, it was suggested that this might not be the same elsewhere and as such would not be as advantageous but the position was being kept under constant review. 

Also, in relation to the potential for future borrowing through the bond market, it was confirmed that any borrowing in this respect would have to be at a significant level but again this would be kept under review and the position reviewed as necessary.      

Decision

The Council APPROVED the Treasury Management Strategy Statement and Investment Statement for 2020/21 and the Prudential Indicators as detailed in Appendix 1 to the report.

16.    Bus Partnership Fund – Highland Opportunities

There had been circulated Report No. HC/6/20 dated 3 March 2020 by the Executive Chief Officer, Infrastructure & Environment.

There had also been tabled Additional Paper by the Executive Chief Officer, Infrastructure & Environment. 

During discussion, Members raised the following issues: -

• there was a need to thank all the Officers who had been involved in the proactive work on this issue from an early date;
• it should be highlighted that in addition to the major congestion in Inverness, this was also a problem in rural areas across the Highlands and this also met the criteria which had been identified for the Fund;     
• the application from the Council not only met the criteria but also had a vision for the area and this was warmly welcomed; 
• it was important to note that a lifeline bus service in Wester Ross had just been drastically curtailed due to a lack of appropriate funding and it was hoped that this could be addressed in future along with other similar issues in the Highlands;
• this represented a bus priority infrastructure fund and there would be opportunities available in future and as such it was vital that the Council ensured that match funding was in place wherever necessary;
• encouragement of future ‘park and ride’ schemes, including at Inverness Airport, could be very beneficial for Highland residents;
• it would be essential to ensure that all opportunities for future infrastructure projects, including procurement, were closely examined;
• it was vital that communities across the Highlands were involved at all stages in order to ensure future success;
• any opportunities to submit bids in relation to electric and/or hydrogen buses had to be pursued;
• the aim of having a proper rural network with appropriate infrastructure had to be a priority for the Council as part of this initiative; and
• it was considered that there could be many benefits for the City, not least in addressing some of the issues arising from climate change, and the Local Development Plan would be key in this regard in future.          

Decision

The Council:-

(i)     NOTED the current position and the opportunity that was available with this significant funding commitment;
(ii)    NOTED the work already underway as detailed in the report; and
(iii)   AGREED to continued work with COSLA on ensuring that the fund had enough flexibility to support measures more relevant or practical to rural/remote areas.     

17. Redesign Update

There had been circulated Report No. HC/7/20 dated 20 March 2020 by the Chief Executive.

In this regard, there had also been circulated Minutes of Meeting of the Redesign Board held on 17 December 2019.

Decision

Members APPROVED the Minutes of the Redesign Board meeting held on 17 December 2019 as circulated and NOTED progress on Council redesign work as detailed in the report.  

18. Governance Review

Declarations of Interest – Mr A Henderson, Mrs T Robertson, Mr A MacKinnon, Mr J Finlayson, Dr I Cockburn, Ms M Smith, Mr G MacKenzie, Mrs H Carmichael, Mr B Thompson, Mrs F Robertson and Mr A Christie declared financial interests in this item as the recipients of Special Responsibility Allowances as detailed in the report and left the Chamber prior to discussion.

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

There had been circulated Report No. HC/8/20 dated 2 March 2020 by the Executive Chief Officer, Performance & Governance.

Decision

Members AGREED:- 

(i)     the minor adjustments to the Scheme of Delegation set out in Section 4;
(ii)    the Special Responsibility Allowances (SRAs) set out in Appendix 1;
(iii)   that a report would come back to the Council in May 2020 with recommendations on the role of non-elected representatives on Council Committees;
(iv)    the changes to Standing Orders set out in Section 7; and
(v)     the arrangements for the establishment of the Wellbeing Joint Sub-Committee in Section 8 and Appendix 2.

(At this point, the Members who had left prior to discussion returned to the meeting).
 
19. Scottish Crown Estate Net Revenues Allocation

Declaration of Interest – Mr A MacKinnon declared a financial interest in this item as a Director of Organic Sea Harvest Limited and left the Chamber prior to discussion of the item.

There had been circulated Report No. HC/9/20 dated 3 March 2020 by the Executive Chief Officer, Infrastructure & Environment.

During discussion, Members raised the following issues: -

• thanks should be conveyed to the Officers involved in this work which had resulted in a very welcome outcome for the Council;  
• consideration should be given as to whether 25 March was the most suitable date for a Members’ Workshop or if another date could be arranged instead;
• it would be especially important to enable communities to become involved in the consultation process; and
• this was a substantial sum of money and it was therefore imperative that the Council moved forward quickly in terms of supporting ‘game changing’ projects for the Highlands.

Decision

The Council AGREED:-

(i)     to continue to work with COSLA and the Scottish Government regarding future allocations;
(ii)    to roll forward the 19/20 Crown Estate Net Revenues Allocation to 20/21 using the current Scottish Government allocation formula to distribute to Council areas;
(iii)   to a Members’ Workshop to determine the preferred funding management options; and 
(iv)    that a finalised funding distribution model, details of the scheme eligibility, support services required for the administration of the fund and governance arrangements would be reported to the Council in May 2020 for approval and immediate implementation.

(At this point, Mr A MacKinnon returned to the Chamber).

20. Deeds Executed
Sgrìobhainnean Lagha a Bhuilicheadh

It was NOTED that a list of deeds and other documents executed on behalf of the Council since the meeting held on 9 December 2019 was available in the Members’ Library and on the Council’s Website.

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

The Council AGREED to resolve that, under Section 50A(4) of the Local Government (Scotland) Act 1973, the public be excluded from the meeting for the following item on the grounds that it involved the likely disclosure of exempt information as defined in Paragraph 9 of Part 1 of Schedule 7A of the Act.

22. River Ness Hydro Scheme

Declaration of Interest – Mr A Jarvie and Mr D Macpherson declared non-financial interests in this item as Directors of High Life Highland but, having applied the test outlined in Paragraphs 5.2 and 5.3 of the Councillors’ Code of Conduct, concluded that their interests did not preclude them from taking part in the discussion.

There had been circulated to Members only Report No. HC/10/20 dated 17 January 2020 by the Executive Chief Officer, Infrastructure & Environment.

There had also been tabled to Members only at the meeting Supplementary Report dated 12 March 2020 by the Executive Chief Officer, Infrastructure & Environment.

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

The meeting ended at 4.06pm.