12 June 2003

COMHAIRLE NAN EILEAN SIAR

Minute of Meeting held in the Council Offices, Stornoway, on Thursday 12 June 2003 at 7.00pm

PRESENT

Mr Alex A Macdonald (Chairman)

Mr Angus Campbell (Vice-Chairman)

Mr Angus McCormack

Miss Samantha E L Hawkins

Mr Donald I Nicholson

Mr John Mackay

Mr Norman M Macleod

Mr Iain Morrison

Mr Donald J Macsween

Mr Roderick Morrison

Mr Alexander M Mackintosh

Mr Norman A Macdonald

Mrs Annie Macdonald

Mr Angus M Graham

Mr Donald Macdonald

Mr Malcolm J Graham

Mr Archie Campbell

Mr Ian M Macleod

Mr Donald Maclean

Mr Neil Campbell

Mr Martin C Taylor

Mr George Lonie

Mr Peter Carlin

Mr Angus Nicolson

Mr Ronald J Mackinnon

Mr Murdo Macleod

Mr Angus Macdonald

Mr Norman L Macdonald

Mr Donald Manford

Mr Keith Dodson

APOLOGIES

Mrs Morag Munro

Prayer

The Convener called on Mr Ronald J Mackinnon who led the meeting in prayer.

Tribute: Mr Iain Morrison

The Convener referred to Mr Iain Morrison, Councillor for the Barvas and Arnol Ward, on his recent marriage and, on behalf of the Comhairle, wished him and his wife Annette a long and happy life together.

Tribute: Mr Ian Leathar

The Convener referred to Mr Ian Leathar, who recently left the Corporate Services Department after 16 years service and, on behalf of the Comhairle, wished Ian and his wife, Karen, a long and happy retirement.

Tribute: Mrs Mary Maclennan

The Convener referred to Mrs Mary Maclennan who will be 100 years old on Monday 16 June 2003. Mrs Maclennan is originally from Scalpay, but now resides in Harris House. The Convener, on behalf of the Comhairle, conveyed best wishes to Mrs Maclennan.

Tribute: Mr George Clavey

The Convener referred to Mr George Clavey who died recently. Mr Clavey was a former Mod Gold Medallist from 1960 and was very involved with the Gaelic music scene in the islands. The Convener, on behalf of the Comhairle, extended condolences to Mr Clavey's family and his many friends who mourn his passing.

Tribute: Mr Alasdair Dunlop

The Convener referred to Mr Alasdair Dunlop who, for the 10^th year in succession had retained the 800m medal at the Scottish Master Championships. The Convener, on behalf of the Comhairle, congratulated Mr Dunlop.

MINUTES

Minute of Meeting of 20 May 2003

1

The Minute of Meeting of 20 May 2003 was approved.

Minute of Meeting of 21 May 2003

2

The Minute of Meeting of 21 May 2003 was approved.

QUESTIONS

Written Questions to the Convener and the Chairman of Committees

3

Written Questions to the Convener and Chairmen of Standing Committees were submitted as follows:

Stornoway Fire Station

Councillor Angus Nicolson asked the Convener to update Members on the current situation at Stornoway Fire Station.

The Convener responded as follows:

Following the Fire Board meeting held on 4 April 2003 those firefighters who were not on station were invited to return and measures were agreed to ensure the effective operation of the station. As a result everyone is back on station and the Brigade is putting in place additional management support. It is the intention of the Brigade to normalise the situation as soon as possible.

Councillor Angus Nicolson asked the following supplementary question:

Will you through the appropriate channels please express to the Firemaster the expectations of the Comhairle that the situation is not allow to deteriorate again?

The Convener responded as follows:

The operation of the fire station is a matter for the Fire Board and the Fire Master and it would not be appropriate for the Comhairle to become involved in the operational matters.

COMMITTEES AND BOARDS

Appointment of Representatives of Religious Interests

4

The Director of Corporate Services submitted a report concerning nominations of representatives of religious interests to be appointed to the Education and Children's Services Committee.

It was agreed to appoint Rev Andrew Coghill, Rev John A Galbraith and Rev John Macleod as representatives of religious interests on the Education and Children's Services Committee.

Appointments to Hebridean Housing Partnership Shadow Board

5

The Director of Corporate Services submitted a report concerning the appointment of five Members of the Comhairle to serve on the Hebridean Housing Partnership Shadow Board, with effect from 13 June 2003. The Report indicated that Comhairle Members serving on the Shadow Board should be excluded from the Comhairle's decision making process in relation to Stock Transfer.

It was agreed to appoint Mr Norman M Macleod, Mr George Lonie, Mr Archie Campbell, Mr Murdo Macleod and Mr Neil Campbell to serve on the Hebridean Housing Partnership Shadow Board.

Legalised Police Cells Visiting Committees - Stornoway and Lochmaddy

6

The Director of Corporate Services submitted a report concerning the appointment of three Members to each of the Legalised Police Cells Visiting Committees for Stornoway and Lochmaddy. It was indicated in the report that each Visiting Committee must meet at the Legalised Police Cells in Stornoway or Lochmaddy at least once every three months and, in addition, if any prisoners have been detained within the proceeding month, at least one Member of the Visiting Committee must visit the cells at least once in a month.

It was agreed to appoint:

(1) Miss Samantha Hawkins, Mr Iain Morrison and Mr Angus McCormack to serve on the Legalised Police Cells Visiting Committee for Stornoway; and

(2) Mr Martin C Taylor, Mr Peter Carlin and Mr Donald Maclean to serve on the Legalised Police Cells Visiting Committee for Lochmaddy.

Standing Service Committees: Appointment of Members

7

The Director of Corporate Services submitted a report concerning an amendment to the recent appointment of Members to the Comhairle's Standing Service Committees.

It was agreed to appoint Mr Roderick Morrison to the Education and Children's Services Committee and noted that he was no longer a Member of the Environmental Services Committee.

Gaelic Language and Culture Forum

8

The Director of Corporate Services submitted a report concerning the membership of the Gaelic Language and Culture Forum. Since their appointment to the Forum, on 21 May 2003, the Vice-Convener, the Chairman of the Education and Children's Services Committee and the Chairman of the Sustainable Development Committee had indicated that they considered that there were occasions on which it would be more appropriate for fluent Gaelic speakers to represent the Comhairle on this Forum.

It was agreed to:

(1) suspend Standing Orders 64 and 65 to allow the Comhairle to reconsider the representation on the Comhairle's side of the Gaelic Language and Culture Forum;

(2) amend the Scheme of Administration for the term of the Comhairle in relation to the representation on the Comhairle's side of the Gaelic Language and Culture Forum as follows:

Convener, ex officio

Vice Convener or Vice-Chair of Policy and Resources Committee, as substitute Member

Chairman of Arts and Leisure Committee

Chairman of Education and Children's Services Committee, or Vice-Chair as substitute Member

Chairman of Sustainable Development Committee, or Vice-Chair as substitute Member

Three other elected Members of the Comhairle and one substitute Member

(3) confirm the appointments made on 21 May 2003; and

(4) appoint the Vice-Chairman of Policy and Resources Committee, Vice-Chair of the Education and Children's Services Committee and the Vice-Chair of the Sustainable Development Committee and Mr Donald Manford to the Forum as substitute Members.

OTHER BODIES

Appointment to Outside Bodies

9

The Director of Corporate Services submitted a report concerning appointments to Outside Bodies.

It was agreed:

(1) to approve the appointment and nomination of Members to the Outside Bodies, for the term of the Comhairle, as detailed in Appendix 1 to the Minute; and

(2) that the Chief Executive be authorised, in consultation with the Convener and Vice-Convener, to appoint Member(s) to any other Outside Body from which an invitation for Comhairle representation is received.

ADDITIONAL ITEM

The Chairman ruled in terms of Standing Order 8 that the following item be considered as a matter of urgency in order to approve the Mission Statement.

Mission Statement

10

The Director of Corporate Services submitted the Mission Statement for the Comhairle for the period 2003-2007.

It was agreed to approve the Mission Statement subject to amendments agreed at the meeting and as detailed in Appendix 2 to the Minute.

COMMITTEES

Committee Decision Reports

11

Committee Decision Reports were submitted as undernoted.

The Comhairle approved the recommendations in the Committee Decision Reports, unless otherwise indicated.

(1) Arts and Leisure Committee - 3 June 2003

With reference to item 4 of the Decision Report it was agreed to appoint the Chairman and Vice-Chairman of the Committee to the NLSC Re-development Members/Officer Working Group in addition to the members detailed in the Decision Report.

(2) Housing Committee - 3 June 2003

(3) Education and Children's Services Committee - 3 June 2003

(4) Environmental Services Committee - 4 June 2003

(5) Transportation Committee - 4 June 2003

(6) Sustainable Development Committee - 4 June 2003

With reference to item 13(3) it was agreed to appoint the Convener, Vice-Convener and Chairmen of the Environmental Services Committee and the Transportation Committee to serve on the Aquaculture Liaison Group.

With reference to Item 14 of the Decision Report, Community Employment Initiative (CEI), the following decision was added:

In order to enhance the rich biodiversity of Scotland, that the Comhairle, as a matter of urgency formulate a Forestry Strategy, in order to gain access to the new Forestry Grant Woodlands Scheme which will offer very attractive locational premiums if the Western Isles is accepted as a location in terms of the Forest Enterprise's Criteria for inclusion in the appropriate areas.

(7) Social Work Committee - 4 June 2003

(8) Commercial Operations Board - 9 June 2003

(9) Audit and Scrutiny Committee - 10 June 2003

(10) Policy and Resources Committee - 12 June 2003, with the exception of items 22 and 31.

With reference to item 22 of the Decision Report, Public Entertainment Licensing: Variation of Conditions, the Comhairle agreed that the decision be amended to read as follows:

It was agreed that:

(1) the Comhairle defer consideration of its policy on premises licensed in terms of the Civic Government (Scotland) Act 1982, that policy being that public entertainment licences will not be issued on Sundays in Lewis, Harris and North Uist, until Senior Counsel's Opinion has been sought and received on whether that policy is compliant with the Human Rights Act 1998; and that

(2) the Policy and Resources Committee re-convene before the end of July 2003, in order to consider Senior Counsel's Opinion and that delegated powers be granted to the Policy and Resources Committee to allow it to determine this matter, in terms of Paragraph 14 of the Scheme of Administration.

It was agreed that the public, including the press, be excluded from the meeting during consideration of the Item below, on the grounds that exempt information as defined in paragraph 1 of Schedule 7A of the Local Government (Scotland) Act 1973 would be disclosed, namely, information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder or former office holder, or applicant to become an office holder under the Comhairle.

With reference to item 31 of the Decision Report, Consultation on Proposed Changes in the Chief Executive's Office, the Comhairle agreed that the proposal be amended as follows

(1) Sgioba na Gaidhlig remain in the Chief Executive's Office, under the control of the Chief Executive;

(2) the deadline for consultation responses be extended to allow adequate consultation on the amended proposals, and;

(3) that due to the urgency of this matter, it be delegated to the Human Resources Sub Committee to consider the consultation responses and agree a new structure.

PRESENT	Mr Alex A Macdonald (Chairman)
	Mr Angus Campbell (Vice-Chairman)	Mr Angus McCormack
	Miss Samantha E L Hawkins	Mr Donald I Nicholson
	Mr John Mackay	Mr Norman M Macleod
	Mr Iain Morrison	Mr Donald J Macsween
	Mr Roderick Morrison	Mr Alexander M Mackintosh
	Mr Norman A Macdonald	Mrs Annie Macdonald
	Mr Angus M Graham	Mr Donald Macdonald
	Mr Malcolm J Graham	Mr Archie Campbell
	Mr Ian M Macleod	Mr Donald Maclean
	Mr Neil Campbell	Mr Martin C Taylor
	Mr George Lonie	Mr Peter Carlin
	Mr Angus Nicolson	Mr Ronald J Mackinnon
	Mr Murdo Macleod	Mr Angus Macdonald
	Mr Norman L Macdonald	Mr Donald Manford
	Mr Keith Dodson

APOLOGIES	Mrs Morag Munro

Prayer		The Convener called on Mr Ronald J Mackinnon who led the meeting in prayer.
Tribute: Mr Iain Morrison		The Convener referred to Mr Iain Morrison, Councillor for the Barvas and Arnol Ward, on his recent marriage and, on behalf of the Comhairle, wished him and his wife Annette a long and happy life together.
Tribute: Mr Ian Leathar		The Convener referred to Mr Ian Leathar, who recently left the Corporate Services Department after 16 years service and, on behalf of the Comhairle, wished Ian and his wife, Karen, a long and happy retirement.
Tribute: Mrs Mary Maclennan		The Convener referred to Mrs Mary Maclennan who will be 100 years old on Monday 16 June 2003. Mrs Maclennan is originally from Scalpay, but now resides in Harris House. The Convener, on behalf of the Comhairle, conveyed best wishes to Mrs Maclennan.
Tribute: Mr George Clavey		The Convener referred to Mr George Clavey who died recently. Mr Clavey was a former Mod Gold Medallist from 1960 and was very involved with the Gaelic music scene in the islands. The Convener, on behalf of the Comhairle, extended condolences to Mr Clavey's family and his many friends who mourn his passing.
Tribute: Mr Alasdair Dunlop		The Convener referred to Mr Alasdair Dunlop who, for the 10^th year in succession had retained the 800m medal at the Scottish Master Championships. The Convener, on behalf of the Comhairle, congratulated Mr Dunlop.
		MINUTES
Minute of Meeting of 20 May 2003	1	The Minute of Meeting of 20 May 2003 was approved.
Minute of Meeting of 21 May 2003	2	The Minute of Meeting of 21 May 2003 was approved.
		QUESTIONS
Written Questions to the Convener and the Chairman of Committees	3	Written Questions to the Convener and Chairmen of Standing Committees were submitted as follows: Stornoway Fire Station Councillor Angus Nicolson asked the Convener to update Members on the current situation at Stornoway Fire Station. The Convener responded as follows: Following the Fire Board meeting held on 4 April 2003 those firefighters who were not on station were invited to return and measures were agreed to ensure the effective operation of the station. As a result everyone is back on station and the Brigade is putting in place additional management support. It is the intention of the Brigade to normalise the situation as soon as possible. Councillor Angus Nicolson asked the following supplementary question: Will you through the appropriate channels please express to the Firemaster the expectations of the Comhairle that the situation is not allow to deteriorate again? The Convener responded as follows: The operation of the fire station is a matter for the Fire Board and the Fire Master and it would not be appropriate for the Comhairle to become involved in the operational matters.
		COMMITTEES AND BOARDS
Appointment of Representatives of Religious Interests	4	The Director of Corporate Services submitted a report concerning nominations of representatives of religious interests to be appointed to the Education and Children's Services Committee. It was agreed to appoint Rev Andrew Coghill, Rev John A Galbraith and Rev John Macleod as representatives of religious interests on the Education and Children's Services Committee.
Appointments to Hebridean Housing Partnership Shadow Board	5	The Director of Corporate Services submitted a report concerning the appointment of five Members of the Comhairle to serve on the Hebridean Housing Partnership Shadow Board, with effect from 13 June 2003. The Report indicated that Comhairle Members serving on the Shadow Board should be excluded from the Comhairle's decision making process in relation to Stock Transfer. It was agreed to appoint Mr Norman M Macleod, Mr George Lonie, Mr Archie Campbell, Mr Murdo Macleod and Mr Neil Campbell to serve on the Hebridean Housing Partnership Shadow Board.
Legalised Police Cells Visiting Committees - Stornoway and Lochmaddy	6	The Director of Corporate Services submitted a report concerning the appointment of three Members to each of the Legalised Police Cells Visiting Committees for Stornoway and Lochmaddy. It was indicated in the report that each Visiting Committee must meet at the Legalised Police Cells in Stornoway or Lochmaddy at least once every three months and, in addition, if any prisoners have been detained within the proceeding month, at least one Member of the Visiting Committee must visit the cells at least once in a month. It was agreed to appoint: (1) Miss Samantha Hawkins, Mr Iain Morrison and Mr Angus McCormack to serve on the Legalised Police Cells Visiting Committee for Stornoway; and (2) Mr Martin C Taylor, Mr Peter Carlin and Mr Donald Maclean to serve on the Legalised Police Cells Visiting Committee for Lochmaddy.
Standing Service Committees: Appointment of Members	7	The Director of Corporate Services submitted a report concerning an amendment to the recent appointment of Members to the Comhairle's Standing Service Committees. It was agreed to appoint Mr Roderick Morrison to the Education and Children's Services Committee and noted that he was no longer a Member of the Environmental Services Committee.
Gaelic Language and Culture Forum	8	The Director of Corporate Services submitted a report concerning the membership of the Gaelic Language and Culture Forum. Since their appointment to the Forum, on 21 May 2003, the Vice-Convener, the Chairman of the Education and Children's Services Committee and the Chairman of the Sustainable Development Committee had indicated that they considered that there were occasions on which it would be more appropriate for fluent Gaelic speakers to represent the Comhairle on this Forum. It was agreed to: (1) suspend Standing Orders 64 and 65 to allow the Comhairle to reconsider the representation on the Comhairle's side of the Gaelic Language and Culture Forum; (2) amend the Scheme of Administration for the term of the Comhairle in relation to the representation on the Comhairle's side of the Gaelic Language and Culture Forum as follows: Convener, ex officio Vice Convener or Vice-Chair of Policy and Resources Committee, as substitute Member Chairman of Arts and Leisure Committee Chairman of Education and Children's Services Committee, or Vice-Chair as substitute Member Chairman of Sustainable Development Committee, or Vice-Chair as substitute Member Three other elected Members of the Comhairle and one substitute Member (3) confirm the appointments made on 21 May 2003; and (4) appoint the Vice-Chairman of Policy and Resources Committee, Vice-Chair of the Education and Children's Services Committee and the Vice-Chair of the Sustainable Development Committee and Mr Donald Manford to the Forum as substitute Members.
		OTHER BODIES
Appointment to Outside Bodies	9	The Director of Corporate Services submitted a report concerning appointments to Outside Bodies. It was agreed: (1) to approve the appointment and nomination of Members to the Outside Bodies, for the term of the Comhairle, as detailed in Appendix 1 to the Minute; and (2) that the Chief Executive be authorised, in consultation with the Convener and Vice-Convener, to appoint Member(s) to any other Outside Body from which an invitation for Comhairle representation is received.
		ADDITIONAL ITEM
		The Chairman ruled in terms of Standing Order 8 that the following item be considered as a matter of urgency in order to approve the Mission Statement.
Mission Statement	10	The Director of Corporate Services submitted the Mission Statement for the Comhairle for the period 2003-2007. It was agreed to approve the Mission Statement subject to amendments agreed at the meeting and as detailed in Appendix 2 to the Minute.
		COMMITTEES
Committee Decision Reports	11	Committee Decision Reports were submitted as undernoted. The Comhairle approved the recommendations in the Committee Decision Reports, unless otherwise indicated. (1) Arts and Leisure Committee - 3 June 2003 With reference to item 4 of the Decision Report it was agreed to appoint the Chairman and Vice-Chairman of the Committee to the NLSC Re-development Members/Officer Working Group in addition to the members detailed in the Decision Report. (2) Housing Committee - 3 June 2003 (3) Education and Children's Services Committee - 3 June 2003 (4) Environmental Services Committee - 4 June 2003 (5) Transportation Committee - 4 June 2003 (6) Sustainable Development Committee - 4 June 2003 With reference to item 13(3) it was agreed to appoint the Convener, Vice-Convener and Chairmen of the Environmental Services Committee and the Transportation Committee to serve on the Aquaculture Liaison Group. With reference to Item 14 of the Decision Report, Community Employment Initiative (CEI), the following decision was added: In order to enhance the rich biodiversity of Scotland, that the Comhairle, as a matter of urgency formulate a Forestry Strategy, in order to gain access to the new Forestry Grant Woodlands Scheme which will offer very attractive locational premiums if the Western Isles is accepted as a location in terms of the Forest Enterprise's Criteria for inclusion in the appropriate areas.
		(7) Social Work Committee - 4 June 2003 (8) Commercial Operations Board - 9 June 2003 (9) Audit and Scrutiny Committee - 10 June 2003 (10) Policy and Resources Committee - 12 June 2003, with the exception of items 22 and 31. With reference to item 22 of the Decision Report, Public Entertainment Licensing: Variation of Conditions, the Comhairle agreed that the decision be amended to read as follows: It was agreed that: (1) the Comhairle defer consideration of its policy on premises licensed in terms of the Civic Government (Scotland) Act 1982, that policy being that public entertainment licences will not be issued on Sundays in Lewis, Harris and North Uist, until Senior Counsel's Opinion has been sought and received on whether that policy is compliant with the Human Rights Act 1998; and that (2) the Policy and Resources Committee re-convene before the end of July 2003, in order to consider Senior Counsel's Opinion and that delegated powers be granted to the Policy and Resources Committee to allow it to determine this matter, in terms of Paragraph 14 of the Scheme of Administration.
		It was agreed that the public, including the press, be excluded from the meeting during consideration of the Item below, on the grounds that exempt information as defined in paragraph 1 of Schedule 7A of the Local Government (Scotland) Act 1973 would be disclosed, namely, information relating to a particular employee, former employee or applicant to become an employee of, or a particular office holder or former office holder, or applicant to become an office holder under the Comhairle.
		With reference to item 31 of the Decision Report, Consultation on Proposed Changes in the Chief Executive's Office, the Comhairle agreed that the proposal be amended as follows (1) Sgioba na Gaidhlig remain in the Chief Executive's Office, under the control of the Chief Executive; (2) the deadline for consultation responses be extended to allow adequate consultation on the amended proposals, and; (3) that due to the urgency of this matter, it be delegated to the Human Resources Sub Committee to consider the consultation responses and agree a new structure.