Agenda and minutes

Argyll and Bute Council - Thursday, 27 January 2011 2:00 pm

Venue: Council Chamber, Kilmory, Lochgilphead

Contact: Sandra McGlynn Tel: 01546 604401 

Items
No. Item

The Depute-Provost advised the Council that he was taking the Chair of the Meeting today due to the tragic circumstances of the Provost’s family bereavement. He invited the Council to record its condolences and asked that the Chief Executive write to the Provost and his wife in appropriate terms which was unanimously agreed.

1.

APOLOGIES FOR ABSENCE

Minutes:

Apologies for absence were intimated by Councillors McAlpine, Petrie and Robertson.

2.

NOTICE OF MOTION UNDER STANDING ORDER 14

Minutes:

The Head of Governance and Law advised that in terms of Standing Order 14 the following Notice of Motion by Councillor Philand, seconded by Councillor Horn had been received for consideration as a matter of urgency at this meeting:-

 

“Council recognises the urgency of producing a balanced budget and the additional difficulty arising from the agreement with the Convention of Scottish Local Authorities (COSLA) to reduce Argyll & Bute Council’s allocation from former ring fenced grants, now referred to as Supporting People funding, by £5.588m.

 

Council instructs officers to bring back to the next meeting of the Council a paper examining the cost and the benefits of Argyll & Bute Council’s membership of COSLA.”

 

The Depute-Provost ruled that the motion was not urgent and would thereafter stand to be considered at the next ordinary Council Meeting.

3.

DECLARATIONS OF INTEREST

Minutes:

There were no declarations of interest intimated.

4.

MINUTES pdf icon PDF 59 KB

Additional documents:

Minutes:

The Council approved the Minutes of the Council Meeting of 25 November 2010 as a correct record.

 

The Council approved the Minutes of the Council Meeting of 6 December 2010 as a correct record.

 

The Council approved the Minutes of the Council Meeting of 5 January 2011 as a correct record.

5.

POLITICAL MANAGEMENT ARRANGEMENTS

5a

Report by Executive Director of Customer Services

Minutes:

The Council at its meeting on 6 December 2010 agreed that a further report would be submitted to the next Council Meeting on appointments to Outside Bodies in light of the dissolution of the Coalition. The Council considered what action was necessary in regard to appointments to the various Outside Bodies to which the Council makes such nominations.

 

Motion

 

 

(1)

To amend the terms of reference of the E.J.C.C. to refer to the Leader and to include 8 Spokespersons rather than 7, and one other Councillor  and to appoint Councillor Mulvaney as that Councillor.

 

(2)

To appoint the following Members to the Future Use of Older People’s Services Committee and Project Board namely:-

 

 

Dick Walsh as Leader

 

Ellen Morton as Depute Leader

 

Andrew Nisbet as Spokesperson for Social Affairs

 

Rory Colville as Spokesperson for Third Sector and Communities

 

Robin Currie as Spokesperson for Rural and Island Affairs, Housing and Gaelic

Len Scoullar as Spokesperson for European Issues

Councillor Gary Mulvaney

Councillor Elaine Robertson

 

 

Two members to be agreed by the Opposition groups and failing agreement to be referred to the Executive to determine the appointments.

 

(3)

To appoint the following Members to the Board of the Local Negotiating Committee Teachers.

 

 

Ellen Morton

 

Vivien Dance

 

Andrew Nisbet

 

 

(4)

To appoint a Member of the Opposition to fill the vacancy on the P.P.S.L. Committee and Regulatory Cohort. 

 

(5)

To appoint a Member of the Opposition to fill the vacancy on the Audit Committee.  We understand this is Councillor Freeman.

 

(6)

To note and confirm the current appointments to those Outside Bodies delegated to Area Committees. And that Area Chairs advise a future meeting of the Council, following a review, on those bodies that no longer function or require representation.

 

(7)

 

In regard to the appointments to Policy and Performance Groups (and Thematic Groups).  To hold this in abeyance until the outcome of our discussions on constitution and Governance.

 

(8)

To appoint Mary-Jean Devon as Vice Chair of the OLI Area Committee.

 

(9)

In regard to the appointments to Statutory Boards and Joint Committees to make the following appointments to the Board and where these are not of continuing effect  to have immediate effect in replacement for the previous nominees namely:-

 

 

(a)

Scotland Excel

1 representative

Councillor Neil Mackay

 

 

(b)

Strathclyde Fire & Rescue Board

2 representatives

Al Reay

Daniel Kelly

 

 

 

 

2 substitutes

Opposition Councillor

 

 

 

 

Opposition Councillor

 

 

(c)

Criminal Justice Partnership

2 representatives

Councillor A Nisbet

Councillor E Robertson

 

 

 

 

2 substitutes

Opposition Councillor

 

 

 

 

Opposition Councillor

 

 

(d)

Dunbartonshire & Argyll & Bute Valuation Joint Board

5 representatives

Councillor D MacMillan

Councillor Vivien Dance

Councillor A Nisbet

Opposition Councillor

Opposition Councillor

 

 

 

 

5 substitutes

Councillor A Hay

Councillor G Mulvaney

Opposition Councillor

Opposition Councillor

Opposition Councillor

 

 

(e)

HITRANS

1 representative

Councillor D MacIntyre

 

 

 

 

1 substitute

Councillor Al Reay

 

 

(f)

Strathclyde Concessionary Travel Scheme Joint Committee

1 representative

 

1 substitute

Councillor D MacIntyre

 

Councillor Al Reay

 

(g)

Strathclyde Police Authority

2 representatives

Councillor D MacMillan

Councillor J McQueen

 

 

 

 

2 substitutes

Councillor Al Reay

Opposition Councillor

 

 

 

 

 

 

(h)

Strathclyde Partnership For Transport and SPTA

 

1 representative

 

1 substitute

Councillor D MacIntyre

 

Councillor Al Reay

 

 

 

 

 

 

 

(i)

North Strathclyde Community Justice Authority

1 representative

 

1 substitute

Councillor A Nisbet

 

Councillor E Robertson

 

 

(j)

West of Scotland European Forum

1 representative

Councillor L Scoullar

 

 

 

1 substitute

Opposition Councillor

 

(10)

That in respect of the appointments to Outside Bodies to make the following appointments to the said Bodies and where these do not have continuing effect to have immediate effect in replacement for the previous nominees namely:-

 

 

Group

Representatives

Appointments

 

 

Argyll & Bute Community Health Partnership

 

2 representatives

Councillor A Nisbet

Councillor  V Dance

 

Argyll & Bute Health & Care Partnership

3 representatives

Councillor B Marshall

Councillor A Nisbet

Councillor E Robertson

 

 

NHS Highland Board

1 representative

Councillor E Robertson

 

 

Argyll College Board

2 representatives

Councillor Ellen Morton

Councillor Vivien Dance

 

 

University of Highlands & Islands Board

 

1 representative

Councillor E Morton

 

HIE, Argyll and the Islands Board

 

1 representative

Councillor Neil Mackay

 

Local Economic Forum – Argyll and the Islands

 

1 representative

Councillor Neil Mackay

 

Stramash

 2 representatives

Councillor R McCuish

Councillor E Morton

 

 

Argyll & Bute Local Biodiversity Partnership

 

1 representative

Councillor B Marshall

 

Argyll, Lomond & The Isles Energy Agency Management Board

 

2 representatives

Councillor A Nisbet

Opposition Councillor

 

Argyll, Loch Lomond & Forth Valley Tourism Development Partnership

 

1 representative

Councillor W Petrie

 

Argyll & Bute Agricultural Forum

 

2 representative

Councillor R Colville

Councillor R Macintyre

 

Highlands & Islands Convention Aquaculture Forum

 

1 representative

Councillor B Marshall

 

KIMO

1 representative

Councillor L Scoullar

 

 

Loch Lomond & The Trossachs National Park Authority Board

 

1 representatives

Councillor W Petrie

Councillor R Simon

 

 

Scottish Liaison Group on Radioactive Waste Management

 

1 representative

Opposition Councillor

 

West of Scotland Archaeology Service Joint Committee

1 representative

1 substitute

Councillor W Petrie

Councillor R Colville

 

 

 

 

 

 

Argyll Marine SAC Forum

2 representatives

(one of whom shall Chair the Forum)

 Councillor R Currie (Chair)

Councillor B Marshall

 

 

 

 

 

Argyll & Bute Care & Repair Agency

2 representatives

Councillor R Currie

Councillor N Mackay

 

 

COSLA All of Scotland Group 2014

 

1 representative

Councillor N Mackay

 

Highlands & Islands Film Commission

1 representative

Councillor N Mackay

 

 

1 substitute

Councillor A McNaughton

 

 

 

 

 

Inter Authority Standing Group on Gaelic

 

1 representative

Councillor R Currie

 

Museum Galleries Scotland

 

 

1 representative

Opposition Councillor

 

Argyll Community Housing Association

5 representatives

R Colville MAKI

Councillor A Reay

H & L

Councillor N Mackay

OLI

Opposition Councillor

Opposition Councillor

 

 

Convention of Highlands & Islands

 

1 representative

Councillor D Walsh

 

Programme Monitoring Committee Highlands & Islands

 

1 representative

Councillor D Walsh

 

Scottish Islands Federation

2 representatives

Councillor L Scoullar

Councillor R Currie

 

 

C.P.M.R

1 representative

Councillor L Scoullar

 

 

Strathclyde Pension Fund Representative Forum

1 representative

Councillor R Currie

 

 

1 substitute

Councillor D MacIntyre

 

 

Association for Public Service Excellence (APSE)

 

1 representative

Councillor Al Reay

 

Apse Roads & Lighting Group

 

1 representative

Councillor Al Reay

 

Clyde Ferry User Group

2 representatives

Councillor B Marshall

Councillor L Scoullar

 

 

Argyll Ferry User Group

 

1 representative

Councillor  R Currie

 

Kintyre & The Islands Ferry User Group

 

1 representative

No appointment

 

Raasay ,Skye Small Islands Ardnamurchan & Mull Ferry Users Group

 

1 representative

Councillor MJ  ...  view the full minutes text for item 5a

5b

Composition of Council

Minutes:

A report by the Executive Director of Customer Services provided information about the formation of a new political group named the Argyll and Bute Independent Councillors comprising Councillors Freeman and Chalmers.

 

Decision

 

The Council noted the terms of the report.

 

(Ref: Report by Executive Director of Customer Services dated 10 January 2011, submitted)

6.

UPDATE ON COUNCIL CONSTITUTION - ANTI FRAUD STRATEGY

Report by Executive Director of Customer Services

Minutes:

The Council, at its meeting on 1 October 2010 approved the Financial and Security Regulations and noted that the Appendices would be revised at a later date. The Council considered the Anti Fraud Strategy which forms Part D of the Council Constitution, the Financial and Security Regulations.

 

Decision

 

The Council approved the Anti Fraud Strategy as attached as the Appendix to the Financial and Security Regulations.

 

(Ref: Report by the Executive Director of Customer Services dated 2 November 2010, submitted)

7.

QUESTION TO THE LEADER UNDER STANDING ORDER 15

Minutes:

The following question had been submitted under Standing Order 15 for answer by the Leader of the Council:-

 

By Councillor Philand

 

“The Leader of the Council has been on record to say that he is working towards an inclusive Council.

 

Can he explain why the papers for the EDUCATION REVIEW - REVIEW OF THE SCHOOL ESTATE was given to the following at different times.

 

Members of the Coalition 4 October 2010

Leaders of the Liberal Democrats and Conservatives Tuesday 19 October 2010

Leader of Argyll First 22 October 2010

 

Whilst missing out the non aligned Councillors altogether.”

 

Answer

 

The Leader of the Council provided a verbal response to the question and a supplementary question setting out his position on the matter.

8.

QUESTION TO THE LEADER UNDER STANDING ORDER 15

Minutes:

The following question had been submitted under Standing Order 15 for answer by the Leader of the Council:-

 

By Councillor Macdonald

 

  1. “What is the current Annual cost to Argyll & Bute Council of Membership of COSLA?

 

  1. What quantifiable benefits accrue to Argyll & Bute Council from Membership of COSLA?”

 

Answer

 

The Leader of the Council provided a verbal response to the question and a supplementary question providing details requested and indicating that senior representatives of COSLA would be invited to a future Council Meeting to provide further information.

 

9.

QUESTION TO THE LEADER UNDER STANDING ORDER 15

Minutes:

The following question had been submitted under Standing Order 15 for answer by the Leader of the Council:-

 

By Councillor Robb

 

“This question comprises five component parts with regard to the Council budget and ongoing budget process:

 

1.

What Council decision delegated to the Council Leader the authority to write to the Finance Secretary accepting the Scottish Government’s proposals to shield local authorities from the worst of the Conservative/Liberal Democrats savage cuts to the Scottish block grant and to protect household incomes with a council tax freeze?

2.

Other Council’s, such as neighbouring West Dunbartonshire, have published draft budgets for consultation. What progress has been made on Argyll & Bute’s budget for 2011-12 and when will a draft balanced budget be publish for member’s information and public consultation?

3.

It was widely known that Argyll & Bute Council had received more than its share of former ring fenced grants, now known as Supporting People funding, than the COSLA agreed formula. Why was the Leader not alert to the possible implications when the issue of ring fenced grants was discussed at COSLA?

4.

What explanation does the Council Leader offer on behalf of himself, Councillor Hay and the Chief Executive for agreeing to a £5.588m reduction in Supporting People funding through COSLA (the Hay-Walsh cut) to Argyll & Bute for 2011-12?

5.

Within the draft budget will the Council Leader ensure that any service cuts or redundancies due to the Hay-Walsh cut are clearly identified as additional?”

 

Answer

 

The Leader of the Council provided a very detailed verbal response to the question and a supplementary question setting out his position on the matter.

 

10.

QUESTION TO THE EDUCATION SPOKESPERSON UNDER STANDING ORDER 15

Minutes:

The following question had been submitted under Standing Order 15 for answer by the Education Spokesperson:-

 

By Councillor Robb

 

“This question comprises five component parts with regard to the school closure programme and the review of the primary school estate:

 

1.

What apology does the Education Spokesperson offer to those parents she attacked for pointing out the obvious flaws in the school closure proposals which were subsequently rejected as unsafe by the Education Spokesperson and the Council on the 5th January 2011?

2.

The Chief Executive had received assurances from the Permanent Secretary to the Scottish Government on the 23rd December 2010 with regard to the impartial and fair treatment of any education review or school closure proposals from Argyll & Bute Council. What explanation does the Education Spokesperson offer for embarrassing the Chief Executive and the Council by requesting the Chief Executive write again on this same matter?

3.

The additional funding reduction of £5.588m for Argyll & Bute was agreed by Councillor Walsh, Councillor Hay and the Chief Executive at the COSLA meeting on the 19th November 2010. What additional education cuts and potential school closures will result from this?

4.

Despite comments from her deputy, Councillor Dance and others it is clear Parklands Special School is indeed a special case. What measures and timetable has the Education Spokesperson put in place to ensure a viable model to retain Parklands is put in place as soon as possible?

5.

What aspects of the previous consultation proposals have now been confirmed as incorrect and what action has been taken to ensure that any recommendations to close schools by officers or such proposals from the Education Spokesperson are accurate and in compliance with the legislation this time?”

 

Answer

 

The Education Spokesperson provided a detailed verbal response to the question and a supplementary question setting out her position on the matter.

 

11.

QUESTION TO LEADER UNDER STANDING ORDER 15

Minutes:

The following question had been submitted under Standing Order 15 for answer by the Leader of the Council:-

 

By Councillor Semple

 

  1. “The Primary Schools amalgamation consultation documents, which were adopted by the Council by a narrow margin on the 15 November 2010 were subsequently shelved on 5 January 2011 at a special meeting of the Council organised by members of the Opposition following the submission of a report by the Scottish Rural Schools Network which challenged many aspects of the consultation process and documentation.

 

a)      What steps does the Leader of the Council intend to take to investigate how the consultation documents came to have so many factual errors?

 

b)      What steps will he take to ensure that the new process meets the chronology identified in the Schools (Consultation) (Scotland) Act?

 

c)      What assurance can he give the Council that further iterations of these documents will stand up to public scrutiny?

 

d)      Will he also give assurance that councillors will be given sufficient opportunity to interrogate these new documents fully?”

 

Answer

 

The Leader of the Council provided a verbal response to the question.

 

12.

QUESTION TO THE EDUCATION SPOKESPERSON UNDER STANDING ORDER 15

Minutes:

The following question had been submitted under Standing Order 15 for answer by the Education Spokesperson:-

 

By Councillor Semple

 

  1. “A special meeting of the Council was arranged by members of the opposition on 5 January 2011 for which the Scottish Rural Schools Network prepared a report. The outcome was that the proposals for the closure of 25 primary schools was suspended. The Chief Executive gave an assurance at the meeting that ongoing, cooperative dialogue would take place between the Council and the Scottish Rural Schools Network.

 

a)      Can the Spokesperson for Education give details on the progress of that dialogue?

 

b)      What progress has been made in addressing the issues raised by SRSN on 5 January 2011?”

 

Answer

 

The Education Spokesperson provided a verbal response to the question and a supplementary question setting out the position on the matter.

13.

QUESTION TO THE LEADER UNDER STANDING ORDER 15

Minutes:

The following question had been submitted under Standing Order 15 for answer by the Leader of the Council:-

 

By Councillor Freeman

 

“Argyll and Bute Council is represented on the COSLA Resources & Capacity Executive Group by Councillor Dick Walsh, Leader of the Council. Given that the work of this COSLA Executive Group includes important issues such as the Spending Review and other strategic finance issues, it is considered that the work of this Group is of prime importance to the finances of Argyll and Bute Council.

 

Given the importance of the work of this Executive Group to Argyll and Bute Council, can the Leader respond to this question which comprises five component parts as follows?

 

a)      Can the Leader of the Council confirm how many meetings of the COSLA Resources & Capacity Executive Group were held in 2010?

 

b)      Can the Leader of the Council confirm how many meetings of the COSLA Resources & Capacity Executive Group he attended in 2010?

 

c)      On the basis that there would be a real terms reduction in funding of 12% across the next three years of the Spending Review, an officer group called the Strategic Funding Review Group (SFRG) was established to undertake some scenario planning around what this would mean for local government. Although this work was to be overseen by the Leadership Board, the role of the COSLA Resources & Capacity Executive Group was to provide political advice and guidance to the Leadership Board on this issue. Can the Leader of the Council confirm if the scenario planning by the SFRG included any proposed changes to the distribution formula relating to the former Supporting People funding, now referred to as Former Ring Fenced Grants?

 

d)      A report (Distribution 2011/12) was presented to the COSLA Leaders meeting on 19 November 2010 which contained a number of recommendations including “updating indicators of former ring-fenced grants” and that the “remaining ring-fenced grants and specific grants should be subject to the same level of reduction which reflects spend across the total revenue grant”. Can the Leader of the Council confirm if the COSLA Resources & Capacity Executive Group supported the recommendations contained within the Distribution 2011/12 report considered at the Leaders meeting on 19 November 2010?

 

e)      Can the Leader of the Council confirm that no minutes from the meetings of the COSLA Resources & Capacity Executive Group or any other COSLA Executive Group have been included on the agenda of any COSLA Leaders meeting for over two years now?”

 

Answer

 

The Leader of the Council provided a verbal response to the question and a supplementary question setting out his position on the matter.

 

The Depute-Provost also sent the Councils best wishes for a speedy recovery to Mrs McQueen who had taken ill recently.