Agendas, reports and minutes

Minutes of Meeting of the Highland Council held REMOTELY on Thursday, 30 July at 10.35am and continued on Monday, 3 August 2020 at 9.00am.

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

Present:    
Mr G Adam, Mr B Allan, Mr R Balfour, Mrs J Barclay, Mr A Baxter, Mr B Boyd, Mr R Bremner, Mr I Brown, Mr J Bruce, Mrs C Caddick, Mrs I Campbell, Miss J Campbell, Mrs G Campbell-Sinclair, Mrs H Carmichael, Mr A Christie, Mr I Cockburn, Mrs M Cockburn, Ms K Currie, Mrs M Davidson, Mr J Finlayson, Mr M Finlayson, Mr C Fraser, Mr L Fraser, Mr R Gale, Mr J Gordon, Mr K Gowans, Mr A Graham, Mr J Gray, Mrs P Hadley, Mr T Heggie, Mr A Henderson, Mr A Jarvie, Ms E Knox, Mr B Lobban, Mr D Louden, Mrs L MacDonald, Mr A MacInnes, Mrs D Mackay, Mr D Mackay, Mr W MacKay, Mr G MacKenzie, Mrs I MacKenzie, Mr S Mackie, Mr A Mackinnon, Ms A MacLean, Mr C MacLeod, Mr D MacLeod, Mr D Macpherson, Mr R MacWilliam, Mrs B McAllister, Mr J McGillivray, Mr N McLean, Mr H Morrison, Mr C Munro, Ms L Munro, Ms P Munro, 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 , Mr C Smith, Ms M Smith, Mr B Thompson, and Mrs C Wilson.

In Attendance:    
Chief Executive
Executive Chief Officer, Communities & Place
Executive Chief Officer, Education & Learning
Executive Chief Officer, Performance & Governance
Executive Chief Officer, Property & Housing
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 I Ramon (30 July) and Mr I Brown (3 August)

2. Declarations of Interest
Foillseachaidhean Com-pàirt

The Council NOTED the following declarations of interest:-

Item 10 (i) – Mr A Christie (Non-Financial)  
Item 10 (ii) – Mr J Gordon and Mr L Fraser (Non-Financial)
Item 10 (iv) – Mr G Adam (Non-Financial)
Item 10 (v) – Mr K Rosie (Non-Financial)
Item 12 – Mrs F Robertson, Mr K Gowans, Mr A Christie, Mr A Jarvie, Mr R Bremner and Mr K Rosie (all Non-Financial)
Item 13 – Mr A Christie (Non-Financial)
Item 14 – Mrs F Robertson (Non-Financial)
Item 16 – Mr A Henderson (Non-Financial)
Item 19 – Mr K Gowans, Ms L Munro, Mr T Heggie and Mr A Jarvie (all Non-Financial)
Item 22 – Mrs B McAllister (Financial)
Item 23 – Mrs H Carmichael (Non-Financial) 
Item 24 – Mr K Gowans (Financial)

Prior to the commencement of the formal business, the Convener confirmed that, unlike other Councils, Highland Council had continued meetings throughout the month of July and therefore there had been no Recess in the current year. As such, thanks were conveyed to both Members and Officers who had continued working throughout this period.
  
3. Membership of the Council – By-Election
Ballrachd na Comhairle

The Council NOTED that a By-Election for Ward 12 (Aird and Loch Ness) had been arranged and would be held on Thursday, 5 November 2020.

4. Confirmation of Minutes     
Daingneachadh a’ Gheàrr-chunntais

There had been submitted for confirmation as a correct record the Minutes of the Meeting of the Council held on 12 March 2020 and of the Special Meeting of the Council held on 25 June 2020 as contained in the Volume which had been circulated separately – which were APPROVED – subject to the following:-

Highland Council – 25 June 2020 – Item 6 - Annual Accounts 2019/20 and Revenue Budget 2020/21 – agreed to delete the wording ‘Deferred Consideration’ in respect of recommendations (v) and (vi) within the Decision section of the Minutes and replace with wording which made it clearer (within the Decision section) that these specific recommendations had not been discussed as the meeting had not agreed to suspend Standing Orders in that regard.    

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.

6. Tourism Committee
Comataidh na Turasachd

There had been circulated Minutes of Meeting of the Tourism Committee held on 16 July 2020 for approval – which were APPROVED. 

7. Recovery Board     
Bòrd Ath-shlànachaidh

There had been circulated Minutes of Meetings of the Recovery Board held on 18 June and 15 July 2020 – which were APPROVED. 

8. Membership of Committees, etc
Ballarachd Chomataidhean, msaa

It was NOTED that Mr Andrew Baxter had confirmed that he was no longer a member of the Independent Group and wished to be referred to as a ‘Real Independent’ with immediate effect.   

In this regard, it was NOTED that membership of the Council was now as follows:-

Ind – 26/SNP- 21/Cons – 10/Lib Dem – 9/Labour – 3/Green –1/Sutherland Independent – 1/Real Independent- 1/Non-Aligned – 1/Vacant - 1

The formula in respect of the number of places on Strategic Committees remained unchanged at 7/5/3/3. 

The Council also AGREED the following:-

Gaelic Committee – Mr C Munro to replace Miss J Campbell

Economy & Infrastructure Committee – Mrs M Davidson to replace Mr A Baxter

Wellbeing Joint Sub Committee – revised membership – Mrs M Davidson, Miss J Campbell, Ms N Sinclair, Mrs I Campbell, Mrs M Paterson, Mrs M Cockburn, Mr K Rosie, Ms E Roddick, Mr B Boyd, Mr A Christie, Mrs A MacLean, Mrs I MacKenzie, Mr C Smith and Mr J Gray.

Brexit Working Group – Mr D Louden to replace Mr R MacWilliam.

9. Question Time    
Am Ceiste

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

(i) Mr A Baxter

To the Leader of the Council 

“What discussions did the Council have with high street retailers and other business organisations before the re-introduction of charges in council-owned car parks? Please publish the economic assessment the Council undertook on the likely impact on our high streets as they begin the current recovery phase following the easing of Covid-19 restrictions”.

The response had been circulated.

In terms of a supplementary question, it was queried as to why, when High Streets were struggling and would continue to do so, no economic assessment was being undertaken when car parking charges could have a major impact as Town Centres attempted to recover.

In response, the Leader undertook to ask the responsible Executive Chief Officer if he could consider undertaking economic impact studies on issues such as car parking in the future.

(ii) Mr A Baxter

To the Leader of the Council

“What discussions have you had with Government Ministers and Officials as to how the revenue allocated to the Highland Council from the Scottish Crown Estates is to be used to bring benefit to our coastal communities and when will the Council publish the plan for the allocation of funds and what criteria will it be based on?”.

The response had been circulated.

In terms of a supplementary question, and on the basis of having written to the Leader of the Council on 10 October and 4 February asking when a definitive timetable for the allocation process would come to Full Council, and as the Council had known about this for some time and had been ready to prepare, it was queried as to why there was still a continuous delay.

In response, it was confirmed that Covid 19 had impacted on this situation and also that there was a need to undertake consultation with Members which was intended to take place in August.  In the meantime, a letter had been sent to the Cabinet Secretary to seek additional money and the amount had increased from £1.2m to £3m. In this regard, discussions would take place with Area Chairs followed by a Members’ Seminar.

(iii) Mr A Baxter

To the Leader of the Council

“What criteria do you use when considering whether an individual item of Council expenditure is value for money for the Council taxpayer?”

The response had been circulated.

In terms of a supplementary question, it was queried as to why £936 per day for one agency worker was considered value for money but allowing overtime to be paid for the emptying of overflowing bins in town centres, villages and beauty spots at weekends was not considered good value by the Administration.

In response, it was confirmed that the issue of overtime was complicated but that a response would be provided in due course.

(iv) Mr S Mackie

To the Leader of the Council    
 
“Will you outline the following: What guidance was used to determine the Council’s omission from the UK Government’s Coronavirus Job Retention Scheme (Furlough) and whether dialogue and / or confirmation was sought from HMRC, Scottish Government and COSLA on scheme eligibility? And whether this decision was reviewed by either Officer or Political Gold, in light of public announcements from across the UK that Councils were actively pursuing and successfully furloughing staff in the months of May, June and July?”
The response had been circulated.

In terms of a supplementary question, it was queried as to whether, when CoSLA appeared to have taken a different view, the Leader would enquire why Scottish Local Authorities had missed out on the furlough process when other similar Unitary Organisations elsewhere in the UK had helped to meet their budget shortfall through using the UK Government’s Furlough Scheme.

It was confirmed that further enquiries would be made and added to the explanation which had already been provided as to why the Council had not used the Furlough Scheme.

(v) Mr S Mackie

To the Budget Leader/Chair of the Corporate Resources Committee 

“Can you outline the Highland Council’s annual financial contribution to the Caithness and North Sutherland Partnership (CNSRP) programme per year since the creation of the partnership in 2007?”
The response had been circulated.

In terms of a supplementary question, on the basis of the transition of the Dounreay site back into the control of the UK Government and as ongoing uncertainty with MOD Vulcan was crystallising the need for regeneration, it was queried as to whether the Budget Leader would commit to review the Council’s involvement with the C&SRP to date and explore where the Council could contribute and influence positive change in both Caithness and North Sutherland.

In response, it was confirmed that the Budget Leader was happy to commit to having a review and would discuss this with the Chief Executive and Councillor Mackie in due course.

(vi) Mr R MacWilliam

To the Leader of the Council

“How many times have Highland Council employees availed of the whistle-blowing procedure in the past 12 months?”

The response had been circulated.

In terms of a supplementary question, it was queried as to whether the Leader of the Council believed that whistleblowing should be encouraged or discouraged.

In response, the Leader confirmed that a whistleblowing process should be available for all and that the Trade Unions were content with the existing Council policy in this regard.

(vii) Mr P Saggers

To the Budget Leader/Chair of the Corporate Resources Committee

“Many Wards are finding a low number of applications to their Supporting Community Resilience funds.  Has consideration been given to changing the criteria and the maximum sums available for awards under the scheme and what is the final destination of any unspent money when the scheme closes?”

The response had been circulated.

In terms of a supplementary question, it was queried as to whether there was a case for the scheme being reviewed earlier than September and whether clarification on any unspent money could be provided.

In response, it was confirmed that the scheme would be reviewed in September and that further discussion on this issue could be continued offline with Councillor Saggers.

(viii) Mr P Saggers

To the Budget Leader/Chair of the Corporate Resources Committee

“The UK Government has made significant sums of money available to Scotland as a result of the Barnet formula.  How much of this money has been received by the Highland Council to date, how much has been spent and on what and how much more is expected to be received as a result of measures already announced by the UK Government?”

The response had been circulated.

In terms of a supplementary question, and on the basis that £4.5bn had been made available to Scotland under the Barnet consequentials formula and that the Highland Council had received just under £12m to date, it was queried as to what lobbying had been undertaken with local MSPs and the Scottish Government to ensure that the Council received funding appropriate to its needs.

In response, it was confirmed that the Leader, Depute Leader and Budget Leader had regular meetings with MSPs and MPs regarding funding and this would be continued.

(ix) Mr A Jarvie

To the Leader of the Council  

“Can you provide details of benchmarking against the enaction, use, scope and broader Member involvement of emergency powers and strategic decision making between the first Gold meeting on 19/03/20 and resumption of political governance on 25/06/20?”

The response had been circulated.

In terms of a supplementary question, and on the basis of having been asked for benchmarking information by another Local Authority, it was queried as to why the Council had not asked for a copy of the report which had been compiled or undertaken the same exercise.

In response, the Leader confirmed that she would speak to Officers on this issue with a view to establishing whether any improvements in practice were required.

(x) Mr A Jarvie

To the Budget Leader/Chair of the Corporate Resources Committee 

“What assessment has been undertaken to ascertain the number of employees whose salary or costs are either wholly or partially met by revenue which is not from the core Government grant?”

The response had been circulated.

In terms of a supplementary question, it was queried as to why the furlough scheme had been ruled out before the essential criteria test had been undertaken in regard to the Council’s suitability.

In response, it was confirmed that there had been specific conditions that Councils had had to adhere to and this had been made clear in the recent report to the Corporate Resources Committee.

(xi) Mr A Jarvie

To the Chair of the Education Committee 

“What plans are in place to continue education provision to children who either now, or with any possible future restrictions, are medically unable to return to school?”

The response had been circulated.

In terms of a supplementary question, and on the basis that teachers who were currently teaching remotely could reach all pupils but when they returned to classrooms there would be no-one available to teach children who were not able to attend school, it was queried as to what plans were in place to address this situation.

In response, it was confirmed that the individual circumstances of every pupil who could not attend school would be assessed and the necessary support put in place, taking into account the nature of any illness and the capacity of pupils to engage with learning. As such, local schools were best placed to do this in conjunction with parents and carers and with support from relevant professionals, including Additional Support Needs and health professionals.

(xii) Mrs I MacKenzie

To the Chair of the Education Committee

“Approximately 60 Newly Qualified Teachers (NQTs) and Recently Qualified Teachers (RQTs) in the Highlands, who were apparently guaranteed substantive posts, are stuck with temporary posts or left on the supply list at best. The Depute First Minister announced on 23 June that the Government would work with Councils to ensure NQTs and RQTs had secure jobs this year. When will the Council offer this security to these Teachers?”

The response had been circulated.

In terms of a supplementary question, it was queried as to how much funding the Council had applied for from the Scottish Government, how many teaching posts would this create and when would the recruitment process start.

In response, it was confirmed that, in a change to the original announcement, the Deputy First Minister had now stated that whilst the funding was not ringfenced for a specific group of teachers, he was keen that Newly Qualified Teachers be employed. The Council’s share of the £50m was £1.3m and it was intended to target this additional resource towards supporting numeracy, literacy, health and wellbeing and closing the attainment gap. Officers would be working with Head Teachers and area staff to establish the most effective way to deploy the resource and more information would be reported to the Education Committee on 6 August.

(xiii) Mr J Bruce

To the Leader of the Council 

“What plans does the Council have in place should there be a localised flare up of Covid-19 within the Highlands and what is its role as a lead public agency partner in implementing any area specific lockdowns?”

The response had been circulated.

In terms of a supplementary question, and on the basis that the Council had a joint health protection plan in place with NHS Highland and Argyll and Bute Council which had been reviewed and reported on at the EDI Committee in January 2019, it was queried as to whether any review had been undertaken since that time.

In response, it was confirmed that information would be sought as to whether there had been any further review of the joint health protection plan (since January 2019) in light of current circumstances. It was also confirmed that how the Council dealt with any outbreaks was very much part of its Recovery Plan.

(xiv) Mr J Bruce

To the Chair of the Communities and Place Committee

“Across the Highlands, the vast majority of recycling centres are now open with the notable exception of Grantown and Kingussie. These appear to be the only sites which do not have a target reopening date. What is the particular issue in reopening these sites and is a target date available?”

The response had been circulated.

In terms of a supplementary question, it was queried as to whether it would be possible to maintain savings of £40k within Grantown and Kingussie Recycling Centres once they re-opened.

In response, it was confirmed that a tentative date had been set for the end of August for the re-opening of the Grantown and Kingussie Recycling Centres and that more information would be sought from the Executive Chief Officer (Communities and Place) regarding the forecast savings at those locations.

 (xv) Ms M Smith

To the Leader of the Council

“Will you agree that any monies left over from the individual Ward Covid-19 budgets should continue to be spent locally, decided by Local Members, to aid the economic recovery?”

The response had been circulated.

In terms of a supplementary question, it was queried as to whether Local Members could review individual Ward Covid-19 budgets and also whether it was intended that these budgets might end up, along with ward discretionary budgets, being used for other purposes by the Council.

In response, it was confirmed that it was anticipated that a clearer picture of the budget would be available by September and that it was not currently possible to confirm any further detail at this time. It was also confirmed that over the coming weeks the Leader of the Council and the Chair of the Communities and Place Committee would ask community groups how they would like the Council to use ward discretionary budgets.

10. Notices of Motion
Brathan Gluasaid

Declarations of Interest –  

Item 10(i) – Mr A Christie declared a non-financial interest in this item as a Non-Executive Director of NHS Highland and, having received advice from the Monitoring Officer/Head of Corporate Governance, confirmed that he would not now be seconding the Motion or taking part in the discussion and as such he would leave the meeting by turning off his camera and microphone during the debate. 

The undernoted Members declared non-financial interests in the following items 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:-

Item 10(ii) – Mr J Gordon – on the basis of having a family connection to a business in Portree.
Item 10(ii) - Mr L Fraser – as the user of a Council owned car park.
Item 10(iv) – Mr G Adam – on the basis of a family connection to a glamping business.
Item 10(v) – Mr K Rosie – as the Chair of a local Broadband Liaison Committee. 

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

(i) As a result of its unique remoteness and scattered population the Highlands have suffered a low incidence of Covid 19, with fortunately fewer fatalities than other areas of mainland Scotland.  However, our fragile economy is likely to suffer disproportionately as a result of lockdown restrictions that are aimed at heavily populated areas.  
Council calls on the Administration to consult urgently with NHS Highland, the Scottish Government and COSLA so in future Councils and local NHS Boards have more responsibility for deciding how lockdowns are managed, and tailoring measures appropriate to local circumstances.

Signed:    Mr G Adam      Mr A Christie

(At this point, Mr A Christie left the meeting and it was confirmed that Mr D Rixson would now second the motion). 

During discussion, Members raised the following issues:-

• it was suggested that the easing of lockdown measures could perhaps have been dealt with differently in the Highlands in view of the mortality statistics in the area although it was recognised opinion was currently divided on this issue; 
• in light of the above, it was felt that consultation should be undertaken in relation to allocating more responsibility to Councils and local NHS Boards in this respect;
• it was also suggested that the national and multi-agency approach taken by the Scottish Government had been extremely effective and had saved lives which had to be the paramount consideration;
• the proposal within the Notice of Motion could have the effect of adding an additional layer of complexity to this situation which would not be helpful;
• it had to be appreciated that the Highland area did not exist in a ‘bubble’ and the lack of detail as to how any new proposals would work was concerning; and
• there was a widespread view amongst communities that following current Scottish Government guidelines had helped to save lives and this was the most important factor to be taken into account.

Thereafter, Mr G Adam, seconded by Mr D Rixson, MOVED the terms of the Notice of Motion as detailed.

Ms M Smith, seconded by Dr I Cockburn, moved as an AMENDMENT that the status quo should be retained in relation as to how lockdowns were managed on the basis of having confidence in the approach being taken by the Scottish Government.

On a vote being taken, the MOTION received 22 votes and the AMENDMENT received 32 votes, with 13 abstentions, and the AMENDMENT was therefore CARRIED, the votes having been cast as follows:-

For the Motion
G Adam, C Caddick, I Campbell, J Campbell, H Carmichael, M Davidson, J Finlayson, R Gale, J Gordon, A Graham, J Gray, T Heggie, D MacKay (Mrs), W MacKay, A MacKinnon, A MacLean, R MacWilliam, L Munro, M Reiss, D Rixson, T Robertson, and B Thompson.  

For the Amendment
B Allan, A Baxter, B Boyd, R Bremner, G Campbell-Sinclair, I Cockburn, M Cockburn, K Currie, M Finlayson, C Fraser, L Fraser, K Gowans, P Hadley, E Knox, B Lobban, D Louden, L MacDonald, A MacInnes, G MacKenzie, C MacLeod, D MacLeod, N McLean, H Morrison, P Munro, M Paterson, A Rhind, F Robertson, E Roddick, K Rosie, G Ross, N Sinclair and M Smith.  

Abstentions
R Balfour, J Bruce, A Henderson, A Jarvie, D MacKay (Mr), I MacKenzie, S Mackie, D Macpherson, C Munro, P Saggers, A Sinclair, C Smith and C Wilson.     

Decision

The Council AGREED to retain the status quo in relation to how lockdowns were managed on the basis of having confidence in the approach being taken by the Scottish Government.

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

(ii) Parking Charges

Council notes the struggles businesses of all sizes across the Highlands continue to face as they gradually and safely reopen. Any measures which improve accessibility and attractiveness to our now fragile High Streets and Town Centres will make a pivotal difference to their future contribution to Highland’s economy and the jobs which depend on them. 

Active travel isn’t an option for many people due to either distance or ability. Looking collectively at the geography and needs of the Highlands, Council agrees to suspend parking charges and to keep suspension under continual review. Flexibility on this approach will be available to existing, high use on street bays and long term parking permits where it is agreed by the Area Committee membership.

Signed:   Mr A Jarvie    Mr A Baxter   Mr S Mackie     Mr L Fraser

In relation to the above Notice of Motion – it was advised that a suspension of Standing Order 35 would be required in order to allow discussion.

On that basis, Mr A Jarvie, seconded by Mr A Baxter, MOVED the suspension of Standing Order 35.

As an AMENDMENT, the Convener, seconded by Mr A MacKinnon, moved that Standing Order 35 should not be suspended.

On a vote being taken, the MOTION received 33 votes and the AMENDMENT received 37 votes and the AMENDMENT was therefore CARRIED, the votes having been cast as follows:-

For the Motion
B Allan, A Baxter, B Boyd, R Bremner, J Bruce, G Campbell-Sinclair, I Cockburn, M Cockburn, K Currie,  C Fraser, L Fraser, K Gowans,  P Hadley, A Jarvie, E Knox, D Louden, L MacDonald, A MacInnes, D MacKay (Mr), G MacKenzie, I MacKenzie, S Mackie, D MacLeod, R MacWilliam, J McGillivray, N McLean, P Munro, E Roddick, K Rosie, P Saggers, A Sinclair, C Smith and M Smith.     

For the Amendment
G Adam, R Balfour, J Barclay, C Caddick, I Campbell, J Campbell, H Carmichael, A Christie, M Davidson, J Finlayson, M Finlayson, R Gale, J Gordon, A Graham, J Gray, T Heggie, A Henderson, B Lobban, D MacKay (Mrs), W MacKay, A MacKinnon, A MacLean, D Macpherson, B McAllister, H Morrison, C Munro, L Munro, M Paterson, M Reiss, A Rhind, D Rixson, F Robertson, T Robertson, G Ross, N Sinclair, B Thompson and C Wilson.          

Decision

The Council having not agreed the suspension of Standing Order 35, the Notice of Motion in respect of Parking Charges was therefore not discussed at the meeting. 
 
(iii) 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

During discussion, Members raised the following issues:-

• there were concerns about the current arrangements and specifically any fear on the part of employees about coming forward in certain circumstances. As such, it was felt that contracting the services of an external provider would deliver a robust procedure which was the mark of a good organisation;  
• it was known that other Councils used external providers and the potential savings as a result could be significant;
• protection and security for staff was of key importance and it was felt that this could be delivered through the terms of the Motion;
• contact had been made with Trade Union representatives and they had confirmed that they were content with the current arrangements in place within the Council;  
• it was suggested that Trade Union representatives should be asked if they also agreed that the best possible policy was one which involved an external service;
• the terms of the proposed Motion should be seen as an enhancement to what was already in place and would be beneficial for all concerned;
• the confidence of staff in using any process had to be the key consideration;
• it was suggested that one possible alternative option would be for another Council to take control of the whistleblowing process but all alternatives should be considered before any decision was finally taken;
• current legislation placed a responsibility on Councils in this regard and the value of having this process ‘one step removed’ was recognised; and
• it had to be highlighted that the Audit & Scrutiny Committee had already reviewed the current process and the results were still awaited. It was therefore suggested that those results should be scrutinised in the first instance before any final decision was taken.

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

Mr A Christie, seconded by Mr A MacKinnon, moved as an AMENDMENT that the Council should continue with the current process in order to allow Internal Audit staff to conclude their review and process to set up a confidential helpline within Internal Audit, alongside further consultation being undertaken with Trade Union colleagues before a final decision was taken.

On a vote being taken, the MOTION received 24 votes and the AMENDMENT received 43 votes and the AMENDMENT was therefore CARRIED, the votes having been cast as follows:-

For the Motion
B Allan, A Baxter, B Boyd, R Bremner, G Campbell-Sinclair, K Currie, C Fraser, J Gordon, P Hadley, A Jarvie, E Knox, D Louden, L MacDonald, A MacInnes, D MacKay (Mr), S Mackie, C MacLeod, D MacLeod, R MacWilliam, N McLean, P Munro, E Roddick, N Sinclair and C Smith. 

For the Amendment      
G Adam, R Balfour, J Barclay, J Bruce, C Caddick, I Campbell, J Campbell, H Carmichael, A Christie, I Cockburn, M Cockburn, M Davidson, J Finlayson, M Finlayson, L Fraser, R Gale, J Gordon, A Graham, J Gray, T Heggie, A Henderson, B Lobban, D MacKay (Mrs), I MacKenzie, A MacKinnon, A MacLean, D Macpherson, B McAllister, H Morrison, C Munro, L Munro, M Paterson, M Reiss, D Rixson, F Robertson, T Robertson, K Rosie, G Ross, P Saggers, N Sinclair, M Smith, B Thompson and C Wilson.    

Decision

The Council AGREED to continue with the current process in relation to employee whistle-blowing in order to allow Internal Audit staff to conclude their review and process to set up a confidential helpline within Internal Audit. Also, further consultation was required with Trade Union colleagues before a final decision was taken.

(iv) Many areas of the Highlands are being adversely affected by a huge increase in uncontrolled camping. This may or may not improve with the opening of camp sites. Future demand from "staycationers" may well outstrip any possible supply of campsite spaces. 
 
The public health risks from this increase in camping during a pandemic must be addressed with urgency. Steps that may be taken to reduce public health risks include increase waste collections, better traffic management, restrictions on alcohol consumption, and financial support for beach or countryside wardens, temporary toilet and handwashing facilities.  Highland Council commits to use its resources where practicable and affordable to support such steps and calls on the Scottish Government and its agencies to work with us. 

Signed:    Mr B Thompson       Mr A Baxter     Mr J Finlayson      Mr C Munro

During discussion, Members raised the following issues:-

• progress had now been made on this issue and in this regard thanks were conveyed to both the Scottish Government and Council Officers for the actions which had already been taken. However, this was a public health issue and as such there was a need for further emergency support to be put in place and for this to be classed as a ‘Covid-19 emergency’; 
• this was ‘unnecessary and dirty’ camping which had been witnessed across the Highlands and it was important that the Scottish Government took action alongside the Council to eradicate it as soon as possible;
• immediate action had to be taken on road traffic orders for recognised ‘beauty spots’ which were now under severe pressure and in this regard it was highlighted that a review of this had been promised in 2013 but had yet to be delivered;   
• with reference to specific issues in Skye and Raasay, real problems were currently being experienced as a result of wild camping and it had been noted that the profile of many people visiting/camping in the area was very different from previous years;
• tourism was recognised as being key to the Council’s Recovery Plan and as such it was vital that the Scottish Government worked alongside the Council in supporting local communities in every way possible in terms of the allocation of resources where needed and empowering/providing confidence for local communities to deal with these situations;
• education, infrastructure and enforcement were key and had to be implemented as a matter of urgency;
• it would be important to recognise that the majority of people who were visiting the area were acting responsibly but a significant number were not and (a time of limited resources) consideration should be given to use of Ward Discretionary Budgets;
• in terms of detailed suggested addition to the Notice of Motion, it was noted that this included reference to the marketing campaigns and guidance from the Scottish Government for those people choosing a ‘staycation’ in the Highlands and the actions currently being implemented by the Council and Community Policing Teams/Police Scotland; and
• it was also suggested that the Council should undertake an urgent investigation into how best to encourage private hosting of campervans and caravans by crofters and smallholders and widely publicise the results of this study.        

Decision

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

It was also AGREED to include the following wording:– 

Visitors to Highland have been asked to respect the environment and the destination that they are visiting, and this message has been raised repeatedly by the Tourism Minister and his Scottish Government colleagues, Visit Scotland, Police Scotland and communities. It is very sad that the actions of a minority are having an impact on the rest of the law abiding people.

The Scottish Government have dedicated marketing campaigns and guidance for people looking to enjoy the outdoors or a “staycation” safely, including compliance with the Scottish Outdoor Access Code (SOAC).  This, of course, is staple to maintaining and enjoying the beautiful landscape and sights that we all enjoy across our region.

The Council has put into place certain initiatives such as increasing bin collections or assessing Byelaws to stop vehicles from parking at certain hot-spots.  Also, there have been assurances that the Community Policing Teams are taking these matters very seriously indeed. They do have powers under the Antisocial Behaviour etc (Scotland) Act 2004 to issue on-the-spot fines (fixed penalty notices) to people who are behaving in antisocial ways.
 
We therefore acknowledge the good work of the Highland Council and Police Scotland in dealing with the minority of visitors who are ignoring the rules. 

It was further AGREED that the Council should urgently investigate how best to encourage private hosting of campervans and caravans by crofters and smallholders and publicise the results of this study widely. 

(v) The Corona Virus Crisis has highlighted the inequality in our communities around broadband provision.  As Leader, I have written to Mr Wheelhouse, the Minister for Energy and Connectivity and urged the Government to reach a final position on their R100 role out.  However, we need to be far more ambitious for the Highlands and as a vital part of our recovery, I am proposing we move forward by exploring and encouraging a joint UK Government and Scottish Government and Highland Council project to bring fibre to premises broadband to all of Highland. This will fit our region for the 21st Century.

Cross Chamber support will strengthen our case and demonstrate the importance of the project 

In the meantime, it is proposed that we also encourage Scottish Government to make its new voucher scheme available as soon as possible so that communities can at least make the best interim arrangements while they wait.

Signed:    Mrs M Davidson     Mrs T Robertson

During discussion, Members raised the following issues:-

• broadband provision had never been more important for the Highlands and there was an urgent need to be as ambitious as possible for the area which was why the proposal was being brought forward in respect of fibre to premises;
• there was also an urgent need for a Workshop/Seminar to be arranged for all Members in order that all issues could be fully discussed in this regard;
• there was now a massive increase in home working which was likely to continue for some time but this was proving problematic for those with poor connectivity and as such a solution had to be identified as soon as possible;
• it had to be highlighted that this was one of the most important issues for the Highlands and action was needed now, especially in rural areas;
• this was also a vital issue for young people living and working in the area and also for school children as had been highlighted in recent months; and  
• in supporting the Notice of Motion, it was suggested that the Council should also commit to writing to the Governments and Highlands & Islands Enterprise (HIE) to insist on an extension to the £300 instalment voucher scheme for the Highlands and recognise the further financial contributions made by the Scottish Government. It was also suggested that the Council should work with HIE to identify Officers to actively contact households with broadband speeds around or under 1MB with a view to organising satellite or other first class connection as soon as possible using the voucher scheme.   

Decision

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

It was also AGREED to include the following wording:-

The Council commits to writing to Governments and HIE to insist on an extension to the £300 instalment voucher scheme for the Highlands.  The Council also recognises the further financial contributions made by the Scottish Government of vouchers to families with children undergoing the blended learning who need upgrades on their broadband.

Highland Council will work with HIE to identify Officers to actively contact those households with broadband speeds around or under 1Mb with a view to organising satellite or other first class connection as soon as possible using the voucher scheme.

11. Employee Engagement and Wellbeing Survey                                  

There had been circulated Report No. HC/14/20 dated 17 July 2020 by the Executive Chief Officer, Resources and Finance. 

During discussion, Members raised the following issues:-

• thanks should be conveyed to both Members and Officers for the work which had been undertaken and the responses received; 
• it had to be highlighted that listening to staff was of paramount importance;
• it was noted that the responses had predominantly come from female members of staff and as such consideration had to be given to alternative ways of reaching out to male staff members wherever possible; 
• the response from the Council in terms of ensuring the health and safety of staff during the pandemic had made a huge difference at a critical time;
• there was a need for further information as to why the responses were so heavily weighted in relation to Education staff (54.42%);
• the overall response rate to the survey was impressive but there was a need to focus on those members of staff who did not feel that they were currently effective;
• it was noted that over 70% of respondents were aged 40+ and this highlighted issues in relation to future workforce planning which needed to be considered;
• the Council had a role in supporting any employee who identified issues in relation to mental health and this had to be taken forward wherever and whenever necessary;
• it was a concern that a significant percentage of staff who had responded to the survey did not want to identify their pay grades and there was a need for a review of the reasons in this regard;
• in terms of the response from the Education Service, there should be a focus on individual lines of service and a report submitted to a future Education Committee;
• there was concern in relation to those staff members who had confirmed that they were not coping and needed further support and it was suggested that pastoral care in this regard should be considered alongside other support measures as this was not a sustainable position;
• it was noted that a range of methodologies would be used to engage with staff and a further report submitted to the Health & Social Care Committee in due course, alongside disaggregated data being shared with Strategic and Area Chairs and the circulation of updated statistics to all Members following the meeting.           

Decision

The Council:- 

(i)    NOTED the headline messages from the Employee Engagement Wellbeing Survey;
(ii)    NOTED the proposed engagement strategy; and
(iii)    AGREED that action plans should be reported to the next Corporate Resources Committee meeting.

12. Review of COVID-19 Services    
Ath-sgrùdadh air Seirbheisean COVID-19

Declarations of Interest 

The undernoted Members declared non-financial interests in this item as follows 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:-

Mrs F Robertson - on the basis of work undertaken for Blythswood Care.
Mr K Gowans - on the basis of a family member being employed by High Life Highland.
Mr A Christie – as a non-Executive Director of NHS Highland. 
Mr A Jarvie – as a Director of High Life Highland
Mr R Bremner – as Chair of Thrumster Community Development Association
Mr K Rosie – as a member of Thurso Community Development Trust Board  

a) Humanitarian Assistance and Food Supply 
    Taic Daonnachd agus Solar Bìdh

There had been circulated Report No. HC/15/20 dated 21 July 2020 by the Executive Chief Officer, Communities and Place.

During discussion, Members raised the following issues:-

• there was a need to express the thanks of the Council to local communities and community groups, as well as Officers, for the work which had been undertaken over recent months; 
• it would also be of vital importance to listen to and engage with communities in order to assess what had worked well and what needed to be improved for the future;
• the resilience of local communities had been outstanding and reassuring and needed to be commended as part of any future review;
• it was acknowledged that the most severe impact had been felt in relation to health, deprivation and the economic downturn and there was concern as to the potential levels of unemployment when the furlough scheme was ended. As such, all measures available had to be taken in terms of job retention wherever possible;
• it was stressed that helplines had to remain available for the foreseeable future;
• it had to be pointed out that some communities had not received a positive initial response from the Council when they had offered help in certain areas and it was hoped that lessons could be learned in this regard for the future;
• empowerment at local levels would be crucial if there was a second wave of the virus in the coming months as had been predicted;
• digital connectivity was still very poor in some areas of the Highlands and it was vital that this was addressed wherever possible in the coming months;
• retaining community group action for the future was imperative as part of the ‘new normal’ across the area;
• community groups in Caithness had not waited for approval from the Council but had just gone ahead with local action and in this regard further clarification as to when an Executive Chief Officer would be in place for this area was sought;
• there was also a need to convey thanks to local stores who had adapted very quickly to the situation and had become community hubs which had been very beneficial for local residents;
• it was wrong to speak about ‘recovery’ in the past tense as the virus had not gone away and it was very possible that cases would rise again as part of the predicted second wave in the coming months; and
• it was suggested that Members’ Workshop should be arranged to allow detailed discussion of lessons learned and how any improvements were to be taken forward.    

Decision

Members:-

(i)     NOTED the scale and reach of the Council’s humanitarian assistance to date and the important contribution made by community bodies; 
(ii)    NOTED that the Scottish Government had made an offer of grant of £651k to enable ongoing support;
(iii)   AGREED that there needed to be a managed withdrawal of key staff from current arrangements and a move to a more sustainable model of assistance designed around the principles of targeting support to those who needed it most, supporting the place-based approach and helping people to help each other and do more;
(iv)    NOTED the new arrangements as set out in Paragraph 6.9 and that these would be reviewed towards the end of September when there should be clarity on any further Government funding and the Council’s budget position; and
(v)     NOTED the ongoing engagement and involvement planned with community bodies, third sector representatives and community planning partners.

b) Review of Keyworker Childcare Provision in Highland
Cùram-chloinne do Phrìomh Luchd-obrach

There had been circulated Report No. HC/16/20 dated 20 July 2020 by the Executive Chief Officer, Education and Learning. 

During discussion, Members raised the following issues:-

• the correction to the date in Paragraph 5.1 was noted in that it should in fact read as ’10 August’;
• the statement in the report that it ‘was not appropriate or practical to undertake a formal review of Council keyworker childcare hub provision at this time’ was welcomed but it was queried as to why the previous report had recommended that this should be ceased;
• there was concern about the potential for ‘volunteer fatigue’ as the virus had not gone away and as such it had to be acknowledged that further lockdowns were a very real possibility. As such, these hubs were of vital importance and there had to be a contingency arrangement for their continuation if this proved necessary in the months ahead; 
• further and more detailed clarification was needed in terms of the reference in the report to no additional funding being made available by the Scottish Government for the provision of childcare for keyworkers but that the Council had instead been given flexibility in the use of a number of Scottish Government funding streams in relation to its Covid-19 response, including ELC 1140 hours funding amongst others;
• the wording ‘amongst others’ as above was also queried and further information was requested in this regard;
• in terms of the information which had been provided, it was queried as to whether there had been an underspend situation (whereby a sum of £5.2m had previously been vired to allow a response to this situation to be undertaken) and if so whether that also needed to be reflected in future reports on this matter; and
• it was suggested that a further report to provide clarification on the issues which had been raised during the meeting should be submitted to the next full Council meeting on 10 September.         

Decision

Members:-

(i)     NOTED the current position regarding the Council keyworker hub provision;
(ii)    NOTED the context as set out within the report and the latest Scottish Government directions regarding provision;
(iii)   NOTED the proposed next steps with regard to provision and ongoing review; and
(iv)    NOTED that any review would await further clarity from the Scottish Government and the return of schools in August to allow assessment of implications.

13. Budget Impact of COVID-19 – Understanding the Gap    
COVID-19 – Buaidh Ionmhasail agus a’ Tuigsinn a’ Bheàirn sa Bhuidseat

Declaration of Interest – Mr A Christie declared a non-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/17/20 dated 15 July 2020 by the Executive Chief Officer, Resources and Finance.

During discussion, Members raised the following issues:-

• thanks should be conveyed to the Officers concerned for the work undertaken on what was a very fluid situation; 
• the details which had been provided on the report were based on no future regression;
• whilst this was an extremely challenging situation, there were also opportunities for all Members of the Council to work together to address the extremely difficult issues which lay ahead;    
• there was relief that the projected budget gap figure had now reduced but concern over the original figure which had led to concerns from both Members and Officers and also the wider public;
• there was therefore a need to closely monitor and scrutinise the current budget gap figure and in this regard it was queried as to whether this figure took account of the additional £5.2m which had been received from the Scottish Government;
• clarification was also needed in respect of whether it was anticipated that there would be staff reductions across Council Services and also the current situation in regard to previous Service underspends and over achieved income;
• there was also a need for future information on the details which had been provided in the report in regard to Ferries, Reduced Expenditure and Use of Reserves;
• it was suggested that the Council should release for all Members the returns which had been previously submitted to CoSLA;
• there was concern at the current ‘freeze’ on Council budgets, with particular reference to roads, and it was felt that this could store up problems through work not being undertaken. As such, an alternative to this situation was suggested whereby a percentage of the respective budgets across the Council could be subtracted for the Covid-19 situation and spend then recommenced as required;
• there was concern at some of the negative statements which had been made in the meeting as it had to be accepted that this was a budget forecast for the Council which could never be completely accurate under the current extraordinary circumstances;
• it was expected that future budget forecast reports would have more specific and detailed background information in order to allow full Member scrutiny;
• there had been requests from Members for further information in relation to the furlough scheme but this was still awaited;
• it had to be highlighted that the same level of service delivery could not be achieved if staff numbers were to be decreased in the future;
• there would be discussion undertaken with CoSLA in the near future in relation to funding levels for staffing and schools;
• there was a need to review the format of budget reports to ensure that they were as clear and transparent as possible in relation to the information being provided for Member scrutiny;
• it was considered that Appendix 1 within the report should relate to the previous reports submitted to the Corporate Resources Committee, including the relativity of variables, but this did not seem to be the case;
• it was of concern that there was no financial report being submitted to the Education Committee in the following week;
• further and more specific budgetary information was required in relation to the Corran Ferry and also in regard to Car Parking Income;
• more detail was also needed in a future report in relation to agency costs across the Council;
• it was hoped that Members would not learn of future budget information/proposals from the local media in future;
• information on financial control measures across the Council had to be regularly available for Members at all time and it was stressed that this should be a priority;
• it was suggested that the Audit & Scrutiny Committee should review the previous returns/data submitted to CoSLA and also the minutes from the political GOLD Covid meetings which had been undertaken;
• there was a need for all Members of the Council to work together in order to address the issues around the current budget gap;
• the Budget Leader highlighted that he was content with the current levels of governance in place and was disappointed with the tone of the debate in this regard; and
• it was noted that discussion would be undertaken with the Chair and Vice Chair of the Audit & Scrutiny Committee in order to take forward the proposals in relation to the CoSLA returns and the minutes of the political GOLD Covid meetings with a further report in this regard to be submitted to the full Council thereafter.                          

Decision

The Council NOTED the revised budget gap figures as reported to COSLA in June 2020.

It was also AGREED that the returns submitted to CoSLA by the Council should be released to all Members.

It was further AGREED that discussion should be undertaken between the Chair and Vice Chair of the Corporate Resources Committee and the Chair and Vice Chair of the Audit & Scrutiny Committee in respect of reviewing the returns submitted to CoSLA and the Minutes of the Members’ GOLD Covid meetings with a further report to the full Council thereafter.

14. Recovery Action Plan: Progress Report to 30 June 2020     
Plana-gnìomha Ath-shlànachaidh – Aithisg Adhartais gu 30 Ògmhios 2020

There had been circulated Report No. HC/18/20 dated 16 July 2020 by the Executive Chief Officer, Transformation and Economy.

Declaration of Interest – Mrs F Robertson declared a non-financial interest in this item on the basis of undertaking work for Blythswood Care 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.

During discussion, Members raised the following issues:-

• this was an excellent report and the new style in terms of presenting information was welcomed; 
• the issues being considered were part of a fast moving workplan and as such it was suggested that a Seminar to which all Members could be invited would be beneficial;
• in terms of the expected forthcoming announcement from the Chancellor, there was a need for more detail on the Capital Plan as soon as possible, specifically in terms of whether all currently listed projects were to proceed (with particular reference being made to the Tain 3-18 project); 
• in regard to the restoration of political governance across the Council, there was concern that only four of the reports on the agenda required the agreement of Members and as such it was suggested that more detail on this issue should be provided in a further report;
• whilst it was welcomed that schools would be returning in the near future, there could not be complacency in this respect as the indications appeared to suggest that a second wave of the virus was a very real possibility and as such this had the potential to be a rapidly changing situation; 
• there was a need for clarification on the number of ‘shovel ready’ projects across the Council in order that there could be confidence that any future avenues of funding could be accessed immediately;
• discussion should be undertaken with Group Leaders in the first instance re proposals for the restoration of political governance; and
• it was essential that all Members of the Council were advised as to the current management situation within the Education Service and given the opportunity to highlight their concerns and it was expected that this would be arranged for the next meeting of the Education Committee in the coming few days.        

Decision

Members NOTED the progress of the Council’s Recovery Action Plan to 30 June 2020