Dumfries and Galloway Council Minutes

Date:
Thursday 26 March 2015
Time:
10.30am
Place:
Council Offices, English Street, Dumfries (Reports)

Attendance Details

Members:
Ronnie Nicholson (Leader)-North West Dumfries
Ted Thompson (Depute Leader)-Lochar
Graham Bell-North West Dumfries
Ian Blake-Abbey
Richard Brodie-Annandale South
Ian Carruthers-Annandale South
Karen Carruthers-Annandale East and Eskdale
Finlay Carson-Castle Douglas and Glenkens
Rob Davidson-Abbey
Jim H Dempster-Mid and Upper Nithsdale
Iain Dick-Stranraer and North Rhins
Archie Dryburgh-Annandale East and Eskdale
Gillian Dykes-Mid and Upper Nithsdale
Andy Ferguson-North West Dumfries
Grahame Forster-Wigtown West
Alistair Geddes-Mid Galloway
Patsy Gilroy-Dee
Jack Groom-Nith
Yen Hongmei Jin-Lochar
Ivor A Hyslop-Lochar
Jeff Leaver-Lochar
Gail Macgregor-Annandale North
Jane S Maitland-Dee
Denis R Male-Annandale East and Eskdale
Sean W Marshall-Annandale South
John Martin-Nith
Tom A McAughtrie-Abbey
Jim McClung-Wigtown West
Jim McColm-Mid Galloway
Marion McCutcheon-Stranraer and North Rhins
David J McKie-North West Dumfries
Ronnie E Ogilvie-Annandale South
Craig Peacock-Annandale East and Eskdale
George N Prentice-Castle Douglas and Glenkens
Willie Scobie-Stranraer and North Rhins
Colin Smyth-Nith
Davie Stitt-Abbey
John Syme-Mid and Upper Nithsdale
Graeme Tait-Annandale North
Stephen Thompson-Annandale North
Roberta Tuckfield-Wigtown West
Alastair Witts-Nith
Colin Wyper-Dee
Apologies:
Brian Collins - Castle Douglas and Glenkens
Peter Diggle - Annandale North
Graham Nicol - Mid Galloway
Andrew S Wood - Mid and Upper Nithsdale
Item Number Item/Description Action
PUBLIC
1 SEDERUNT AND APOLOGIES

43 Members present, 4 apologies

 
2 DECLARATIONS OF INTEREST

2.1     Andy Ferguson declared an interest in Item 10 - Local Government Pension Scheme (Scotland) Governance Arrangements from 1 April 2015 by virtue of the fact that he was a beneficiary of the Pension Fund but determined that his interest was such that he would remain in the meeting for consideration of the item

 

2.2     Ian Blake declared an interest in Item 9 - Review of Standing Orders and Scheme of Delegation by virtue of personal health reasons and determined that his interest was such that he would leave the meeting for consideration of the item.

 
3 MINUTE OF MEETING OF 5 FEBRUARY 2015

Decision

 

APPROVED

 
4 TREASURY MANAGEMENT STRATEGY AND PRUDENTIAL INDICATORS - REPORT BY HEAD OF FINANCE

Decision

 

AGREED

 

4.1    the Prudential Indicators, as the underlying framework to support the Council’s Capital Investment Strategy;

 

4.2    the Council’s Treasury Management Strategy Statement and Annual Investment Strategy for 2015/16;

 

NOTED

 

4.3     that the Annual Investment Strategy had been amended to permit investment by the Council in Sub HubCo projects, as agreed at the Policy and Resources Committee on 17 February 2015; and

 

4.4    that both the prudential indicators and treasury management activities would be subject to continual monitoring and, where appropriate, amendment during the course of the upcoming financial year

 
5 INTEGRATION OF HEALTH AND SOCIAL CARE - DRAFT INTEGRATION SCHEME REPORT BY CHIEF EXECUTIVE DUMFRIES AND GALLOWAY COUNCIL AND CHIEF EXECUTIVE NHS DUMFRIES AND GALLOWAY

VOTE

 

MOTION by ALISTAIR GEDDES  seconded by IAN CARRUTHERS that the Integration Joint Board voting membership of five members each from Dumfries and Galloway Council and Dumfries and Galloway NHS Board, the appointment of the Council's five Elected Members should reflect political proportionality on the Council.

 

AMENDMENT by RICHARD BRODIE seconded by GEORGE N PRENTICE that voting membership of five members each from Dumfries and Galloway Council and Dumfries and Galloway NHS Board, the appointment of the Council's five Elected Members should consist of one member from the Administration, Scottish National Party, Dumfries and Galloway Conservative and Unionist Council Group, Dumfries and Galloway Council Conservative and Unionists' Group and the Independant Group

 

On a vote taken by roll call, Members voted as follows:-

 

Motion - 37 Votes being:-

 

Ronnie Nicholson, Ted Thompson, Graham Bell, Ian Blake, Ian Carruthers, Karen Carruthers, Finlay Carson, Rob Davidson, Jim Dempster, Iain Dick, Archie Dryburgh, Gill Dykes, Andy Ferguson, Grahame Forster, Alistair Geddes, Patsy Gilroy, Jack Groom, Yen Hongmei Jin, Ivor Hyslop, Jeff Leaver, Tom McAughtie, Jim McClung, Marion McCutcheon, David J McKie, Denis R Male, Sean W Marshall, John Martin, Ronnie Ogilvie, Craig Peacock,, Willie Scobie, Colin Smyth, David Stitt, John Syme, Graeme Tait, Stephen Thompson, Roberta Tuckfield, Alastair Witts    

 

Amendment - 5 Votes being:-

 

Richard Brodie, Jim McColm, Jane S Maitland, George N Prentice, Colin Wyper

 

Abstention - 1 being:-

 

Gail Macgregor

 

 

Decision

 

5.1     AGREED the draft Integration Scheme subject to an amendment at Section 5.4 inserting an additional sentence being:- 5.4.9 - Workforce development and regulation 

 

5.2     NOTED that the draft Scheme had been considered by Dumfries and Galloway NHS Board on 25 March 2015 and the Chief Officer (Designate) confirmed the Board’s decision at the Full Council meeting;

 

5.3     AGREED to adopt the draft Integration Scheme at Appendix 1(B) as final, subject to the amendment at 5.1;

 

5.4     NOTED that the final Integration Scheme would be jointly submitted by Dumfries and Galloway Council and Dumfries and Galloway NHS Board to the Scottish Government by 31 March 2015 for approval by Scottish Ministers and, subject to Ministers’ approval, the parliamentary process and timeline thereafter; and

 

5.5     AGREED that in respect of the proposed Integration Joint Board voting membership of five members each from Dumfries and Council Council and Dumfries and Galloway NHS Board and the appointment of the Council’s five Elected Members should reflect political proportionality on the Council.

 

MEMBER - Gill Dykes left the meeting - 42 Members present

Governance and Elections Officer

6 CHILDREN'S SERVICES PLAN - REPORT BY DIRECTOR EDUCATION SERVICES

Decision

 

6.1     AGREED the Children’s Services Plan Phase One,  March 2015 - September 2016;

 

6.2     NOTED that the Plan was to be considered by Dumfries and Galloway NHS Board on 13 April 2015; and

 

6.3     AGREED the reporting arrangements for the Plan.

 

MEMBER - Gill Dykes re-entered the meeting - 43 Members present
 

 
7 EQUALITY ACT 2010 - STATUTORY REPORTS - REPORT BY ASSISTANT CHIEF EXECUTIVE

Decision

 

AGREED

 

7.1    the Council’s Equalities Action Plan Progress Report and Mainstreaming Equalities Report for 2013-15 for publication, noting the significant improvements achieved in relation to profile and diversity awareness through campaigns and events; the Council’s relationship with diversity groups; and the opportunity for people to express their views through the Community Survey;

 

7.2     the updated Equalities Outcomes for 2015-17 for publication, and the Action Plan to achieve them which had a particular focus on vulnerable children, regeneration and standard of living; and

 

7.3     the Council’s Gender Pay Gap report, the Occupational Segregation reports and the Equal Pay Statement for publication, noting a reduction in the gender pay gap for main staff groups of 4.39% being achieved over the last two years; and the Equal Pay Improvement Plan.

 

MEMBER - Colin  Wyper left the meeting - 42 Members present
 

 
8 SHAPE OF THE COUNCIL - PROGRESS REPORT - REPORT BY CHIEF EXECUTIVE

Decision

 

8.1     NOTED the progress achieved in the period since December 2014;

 

AGREED

 

8.2     the recommendation of the Ad Hoc Sub Committee Review of Schemes that the Business Transformation Steering Group should comprise seven Elected Members, and recognising the knowledge and skills required, that the Members of the Ad Hoc Sub Committee Review of Schemes be appointed to this Steering Group;

 

8.3     that representatives of three Trades Unions (Unite, Unison and GMB) be invited to be Members of the Business Transformation Steering Group;

 

8.4     that, once the new Directors had taken up their appointment, they would be invited to the first meeting of the Business Transformation Steering Group;

 

NOTED

 

8.5     that the Ad-Hoc Sub Committee Review of Schemes, at its meeting of 6 February 2015, gave initial consideration to future Committee structures and delegations most appropriate to the revised structure;

 

8.6    that the Ad Hoc Sub Committee Review of Schemes had requested that the Proper Officer provide a further detailed report to be considered at the next meeting of the Ad Hoc Sub Committee for more consideration of future Committee structures and delegations;

 

8.7     the outcome of the matching process for the Directors posts;

 

AGREED

 

8.8     that the appointment process for the post of Director of Communities be subject to external and internal advertisement;

 

8.9    the timetable and key stages for the appointment to the post of Director of Communities; and 

 

8.10   to receive a further report from the Chief Executive, at Full Council on 25 June 2015, providing a further update on progress achieved.

 

MEMBER - Colin Wyper re-entered the meeting, Ian Blake left the meeting - 42 Members present
 

Chief Executive

9 REVIEW OF STANDING ORDERS AND SCHEMES OF DELEGATION - REPORT BY PROPER OFFICER

Decision

 

AGREED

 

9.1     an amendment to the Scheme of Delegation to Officers for Planning to the effect that an Elected Member may revoke a request to call in a Planning Application if this was notified to the Proper Officer prior to the publication of the agenda and papers for the meeting where the application was due to be considered. The application would then be deemed to have been withdrawn from the Agenda for that meeting;

 

9.2    an amendment to the Scheme of Administration and Delegation to Committees that if an application before the Planning Applications Committee had already been the subject of public speaking at a previous meeting then only those Members who were present and heard the representations could vote on the application should the Committee determine to divide; and

 

9.3     that should a replacement Member for a Hearing of the Employment and Appeals Sub-Committee subsequently tender their apology for the meeting due to a declaration of interest, then their apology would be recorded in the minutes of the Hearing with the words Replacement Member recorded against their name.

 

MEMBER - Ian Blake re-entered the meeting - 43 Members present

 

ADJOURNMENT OF MEETING - The meeting adjourned at 12.45pm and reconvened at 1.15pm with  40 Members present being:-

 

Ronnie Nicholson, Ted Thompson, Graham Bell, Ian Blake, Ricvhard Brodie, Ian Carruthers, Karen Carruthers, Finlay Carson, Rob Davidson, Jim Dempster, Iain Dick, Archie Dryburgh, Andy Ferguson, Grahame Forster, Alistair Geddes, Patsy Gilroy, Jack Groom, Yen Hongmei Jin, Ivor Hyslop, Jeff Leaver, Tom McAughtrie, Jim McClung, Jim McColm, Marion McCutcheon, Gail Macgregor, David J McKie, Jane S Maitland, Denis R Male, Sean W Marshall, John Martin, Ronnie Ogilvie, Craig Peacock, George N Prentice, Willie Scobie, Colin Smyth, David Stitt, John Syme, Graeme Tait, Stephen Thompson and Alastair Witts 

 


 

Elections Manager

10 LOCAL GOVERNMENT PENSION SCHEME (SCOTLAND)
GOVERNANCE ARRANGEMENTS FROM 1 APRIL 2015 - REPORT BY HEAD OF FINANCE


Decision

 

NOTED

 

10.1    the requirements for Dumfries and Galloway Council, as administering authority for the Dumfries and Galloway Council Pension Fund, to establish a Pensions Board from 1 April 2015;

 

10.2     the required representation on the Pensions Board; and

 

AGREED

 

10.3     the composition of the Pension Board;  and

 

10.4   that the 3 Member representatives should reflect political proportionality on the Council.

Governance and Elections Officer

11 NOTICE OF MOTION - LIVING WAGE - REPORT BY ASSISTANT CHIEF EXECUTIVE

VOTE

 

MOTION by JANE S MAITLAND seconded by IVOR HYSLOP that delegation be not removed from the Policy and Resources Committee to consider the Notice of Motion

 

AMENDMENT by WILLIE SCOBIE seconded by GRAHAME FORSTER that delegation be withdrawn from the Policy and Resources Committee to consider the terms of the Notice of Motion

 

On a vote take by roll call, Members voted as follows:-

 

Motion - 14 Votes being:-

 

Graham Bell, Ian Blake, Richard Brodie, Ian Carruthers, Karen Carruthers, Finlay Carson, Patsy Gilroy, Jack Groom, Ivor Hyslop, Jim McColm, Gail Macgregor, Jane S Maitland, Denis R Male and George N Prentice

 

Amendment - 26 Votes being:-

 

Ronnie Nicholson, Ted Thompson, Rob Davidson, Jim Dempster, Iain Dick, Archie Dryburgh, Andy Ferguson, Grahame Forster, Alistair Geddes, Yen Hongmei Jin, Jeff Leaver, Tom McAughtrie, Jim McClung, Marion McCutcheon, David J McKie, Sean W Marshall, John Martin, Ronnie Ogilvie, Craig Peacock, Willie Scobie, Colin Smyth, David Stitt, John Syme, Graeme Tait, Stephen Thompson, Alastair Witts

 

MEMBERS - Jack Groom, Ian Carruthers and Karen Carruthers left the meeting - 37 Members present

 

Decision

 

AGREED

 

11.1    to withdraw delegation from the Policy and Resources Committee to enable the Notice of Motion to be considered;

 

NOTED

 

11.2    that Dumfries and Galloway Council was one of the first Local Authorities in Scotland to pay its own staff the Living Wage;

 

11.3    that on 5 February 2015 Members had agreed that Dumfries and Galloway Council should seek accreditation as a Living Wage employer, which includes developing a plan to roll out the Living Wage to the Council's subcontractors;

 

11.4     that discussions were at an advanced stage with Scottish Business in the Community to host an event in April 2015 to provide local companies and social enterprises with information and support about the benefits of the Living Wage; and

 

11.5    REITERATED this Council's clear commitment to rolling out the Living Wage as part of the development of the region's first ever anti-poverty strategy.


 

 
12 NOTICE OF MOTION - SISTEMA - BIG NOISE - REPORT BY DIRECTOR OF EDUCATION

VOTE

 

MOTION by WILLIE SCOBIE seconded by IAIN DICK that delegation be withdrawn from the Education Committee to consider the terms of the Notice of Motion

 

AMENDMENT by RONNIE NICHOLSON seconded by GAIL MACGREGOR that delegation be not withdrawn from the Education Committee

 

On a vote taken by roll call, Members voted as follows:-

 

Motion - 12 Votes being:-

 

Rob Davidson, Iain Dick, Andy Ferguson, Grahame Forster, Alistair Geddes, Yen Hongmei Jin, Ivor Hyslop, Jim McClung, George N Prentice, Willie Scobie, Stephen Thomson and Alastair Witts

 

Amendment - 25 votes being:-

 

Ronnie Nicholson, Ted Thompson, Graham Bell, Ian Blake, Richard Brodie, Finlay Carson, Jim Dempster, Archie Dryburgh, Patsy Gilroy, Jeff Leaver, Tom McAughtrie, Jim McColm, Marion McCutcheon, Gail Macgregor, David J McKie, Jane S Maitland, Denis R Male, Sean W Marshall, John Martin, Ronnie Ogilvie, Craig Peacock, Colin Smyth, David Stitt, John Syme and Graeme Tait

  

Decision

 

AGREED that delegation be not withdrawn from the Education Committee

 
13 NOTICE OF MOTION - TRANSATLANTIC TRADE AND INVESTMENT PARTNERSHIP - REPORT BY DIRECTOR PLANNING AND ENVIRONMENT SERVICES

VOTE

 

MOTION by IVOR A HYSLOP seconded by FINLAY CARSON that consideration of the Notice of Motion be deferred due to there being insufficient information

 

AMENDMENT by ARCHIE DRYBURGH seconded by GRAHAME FORSTER that there was sufficient information on the Notice of Motion and that it be considered at this meeting

 

On a vote taken by roll call, Members voted as follows:-

 

Motion - 11 Votes being:-

 

Graham Bell, Ian Blake, Richard Brodie, Finlay Carson, Patsy Gilroy, Ivor Hyslop, Jim McColm, Gail Macgregor, Jane S Maitland, Denis R Male and George N Prentice

 

Amendment - 26 Votes being:-

 

Ronnie Nicholson, Ted Thompson, Rob Davidson, Jim Dempster, Iain Dick, Archie Dryburgh, Andy Ferguson, Grahame Forster, Alistair Geddes, Yen Hongmei Jin, Jeff Leaver, Tom McAughtrie, Jim McClung, Marion McCutcheon, David J McKie, Sean W Marshall, John Martin, Ronnie Ogilvie, Craig Peacock, Willie Scobie, Colin Smyth, David Stitt, John Syme, Graeme Tait, Stephen Thompson, Alastair Witts

  

Decision

 

AGREED

 

13.1     to endorse the COSLA position that any international trade agreement must safeguard the EU Lisbon Treaty provision on the freedom of local authorities to define and deliver public services in the way they see fit; and

 

13.2     to support COSLA's lobbying activity on our behalf in Scotland, Westminster and Europe, in this respect.

 
14 NOTICE OF MOTION - UMBRELLA COMPANIES - REPORT BY ASSISTANT CHIEF EXECUTIVE

Decision

 

14.1     NOTED that the Council could never condone the use of so called "Umbrella Companies";

 

AGREED

 

14.2     that Council Officers investigate and report back on the potential use of umbrella contracts on council related contracts by contractors;

 

14.3     to review the terms of contracts in which the Council is involved, to determine whether any contractor uses umbrella companies in their delivery of such contracts, with a view to securing direct employment, with full employment rights, for workers engaged on such contracts;

 

14.4     to communicate the Council's concerns regarding the use of umbrella companies in Scotland to the UK Governments urging the Scottish Government to introduce measurers to address the use of umbrella companies in public sector procurement rules and processes.

Senior Manager Legal and Regulatory

15 MINUTES FOR APPROVAL/NOTING

Decision

 

Summary as detailed at Appendix 1
 

 
16 ANY OTHER BUSINESS DEEMED URGENT BY THE CHAIRMAN DUE TO THE NEED FOR A DECISION

NOTED that there was no business deemed urgent by the Chairman due to the need for a decision

 
17 LOCAL GOVERNMENT (SCOTLAND) ACT 1973

Decision

 

AGREED to adopt a resolution to exclude the public from the meeting in terms of Section 50A (4) and paragraph 1 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973

 
EXEMPT
18 CHIEF OFFICER RETIREMENTS - REPORT BY CHIEF EXECUTIVE

Report Summary -  The purpose of this report was to provide Members with details of the proposed early retirements of the (i) Director Community and Customer Services and (ii) Director DG First. Due to these posts being Chief Officers the requests for early retirements were subject to Member approval. The report contained financial details including the costs associated with the retirements and confirmed that these applications had been approved by the Council’s Internal Pensions Panel and the Chief Executive.

 

Decision

NOTED
18.1      the requests for early retirement from the Director Community and Customer Services and Director DG First with effect from 31 July 2015 and 31 December 2015 respectively; and


18.2      the costs associated with these retirements

 

18.3     APPROVED the recommendation by the Chief Executive to agree the early retirements on the grounds of redundancy of the (i) Director Community and Customer Services and (ii) Director DG First.

 

Action Details

ItemDetail
5 Action by Governance and Elections Officer - Membership sought and all nominations received by 13 May 2015.
8 Action by Chief Executive - The Business Transformation Steering Group established as directed. First meeting held on 16/06/15

Director Communities appointed by Employment and Appeals Committee in June 2015

Chief Executive's progress report presented to Full Council 25/06/15
9 Action by Elections Manager - All decisions have been actioned
10 Action by Governance and Elections Officer - 3 membership nominations sought and all received by 19 May 2015.
14 Action by Senior Manager Legal and Regulatory - Communicated the Council's concerns to the Scottish Government requesting the introduction of measurers to address the use of umbrella companies in public sector procurement rules and processes.