PRESENT

Mr Alexander A Macdonald (Chairman)

Mr Roderick J Murray (Vice-Chairman)

Mr Angus Campbell

Mrs Katie M Mackenzie

Mr Donald I Nicholson

Mr Malcolm J Macleod

Mr Norman M Macleod

Mr Iain Morrison

Mr Finlay Morrison

Mr Roderick Morrison

Mr Donald M Mackay

Mr Norman A Macdonald

Mrs Morag Munro

Mr Angus M Graham

Mr Donald Macdonald

Mr Malcolm J Graham

Mr Archie Campbell

Mr Ian M Macleod

Mr Donald Maclean

Mr George Lonie

Mrs Mary Bremner

Mr Angus Nicolson

Mr Ronald J Mackinnon

Mr Murdo Macleod

Mr David Blaney

Mr Norman L Macdonald

Mr Donald Manford

Mr Alasdair G Macrae

APOLOGIES

Mr Philip R McLean

Mr Donald J Macsween

Prayer

The Meeting was opened with Prayer led by Mr Ian M Macleod

Tribute: HRH Princess Margaret

The Chairman referred to the recent death of Her Royal Highness Princess Margaret and, on behalf of the Comhairle, extended sympathy and condolences to Her Majesty The Queen in her sad loss.

MINUTES

Comhairle

1

The Minute of Meeting of 31 January 2002 was approved.

CONSTITUTION

North Benbecula Ward: Vacancy and Bye-Election

2

The Chief Executive submitted a Report regarding the vacancy that had arisen on the Comhairle following the death of Mr James L McArthur who had been the Member for the North Benbecula Ward. It was indicated that the By-Election would be held on Thursday 21 March 2002 and the result of the By-Election reported to the Comhairle at its meeting on 21 April 2002. It was noted that there was a vacancy on each of the following Committees:

Environmental Services Committee

Housing Committee

Sustainable Development Committee

Standards and Scrutiny Committee

It was suggested, that in accordance with the Comhairle's usual practice, appointments to the vacancies on Service Committees be made following the election of the Member for the North Benbecula Ward. The Comhairle was asked to consider whether it wished to fill the vacancy for the Standards and Scrutiny Committee at this meeting.

It was agreed:

(1) to note the arrangements for the By-Election for the North Benbecula Ward; and

(2) to fill the vacancies arising on Committees at the meeting of the Comhairle due to be held on 23 April 2002.

New Housing Partnership

3

With reference to Item 9 of the Minute of Meeting of the Policy and Finance Committee on 28 January 2002 and Item 4 of the Minute of Meeting of the Housing Committee of 29 January 2002, the Director of Housing submitted a Report regarding the nomination of Members of the Comhairle to serve on the Western Isles Housing Partnership Shadow Board. It was indicated that this was part of the next phase of the New Housing Partnership Initiative to transfer the ownership and management of the Comhairle's Housing to a new single Registered Housing Association in the Western Isles. It was indicated that the nomination of five Members of the Comhairle was sought. It was stated that the Members of the Comhairle appointed to the Shadow Board would require to be excluded from the Comhairle's decision-making process in relation to New Housing Partnerships. It was indicated that a further Report would be submitted to the next meeting of the Policy and Finance Committee relating to the scrutiny arrangements to be put in place to ensure that the Comhairle's interests were safeguarded. The Chairman called for nominations of Members to serve on the Shadow Board of the Western Isles Housing Partnership.

The following Members were nominated, each having been duly moved and seconded:

Mr George Lonie

Mr Archie K Campbell

Mr Norman M Macleod

Mr Donald I Nicholson

Mr Donald Manford

Mr David Blaney

Mr Murdo Macleod

On a vote being taken by ballot in terms of Standing Order 57, there voted as follows:

Mr George Lonie - 26 votes

Mr Archie K Campbell - 19 votes

Mr Norman M Macleod - 25 votes

Mr Donald I Nicholson - 14 votes

Mr Donald Manford - 10 votes

Mr David Blaney - 17 votes

Mr Murdo Macleod - 21 votes

The Chairman declared that Mr George Lonie, Mr Archie K Campbell, Mr Norman M Macleod, Mr David Blaney and Mr Murdo Macleod had been nominated to serve on the Shadow Board of the Western Isles Housing Partnership.

Referral and Call-In of Decisions to Council and Standards & Scrutiny Committee

4

The Chief Executive submitted a Report regarding the procedures by which decisions of Service Committees may be referred to the Comhairle or called-in to the Standards & Scrutiny Committee. It was indicated that as part of the revised decision-making structure adopted by the Comhairle, responsibilities were delegated to Committees enabling decisions to be implemented with minimum delay. Safeguards had been adopted to enable decisions to be referred to the Comhairle or called-in to the Standards & Scrutiny Committee. It was noted that the current positions for referral and call-in of decisions of Service Committees were contained in Standing Order 61. It was proposed that, in the interests of clarity, and in order to facilitate the new system, the current Standing Order be amended to detail the mechanism for each process separately. A number of other issues that require clarification were identified in the Report, including the trigger for the procedures for call-in and referral and the guidance on the reasons that can be given for referral or call-in and a mechanism to enable action to be taken within a short deadline. Proposals relating to all of these issues were set out in the Report.

It was agreed that:

(1) Standing Order 61 be amended to read as follows:

Referral and Call-In of Decisions

61(1) Decisions of committees may be referred to the Comhairle as follows:

(a) Before the end of the meeting of the committee, at the request of one third of the members present. Those members must give reasons for the request, which will be recorded in the minute. If the number of members is not exactly divisible by three, it will be rounded down to the nearest whole number.

(b) By at least seven members of the Comhairle, giving reasons in writing. The request must be delivered to the Director of Corporate Services not later than 4.00 p.m. on the Tuesday of the week following the meeting.

(c) By the Chairman of the Policy and Finance Committee, giving reasons in writing, but only in respect of decisions to increase spending in a particular area, however funded. The request must be delivered to the Director of Corporate Services not later than 4.00 p.m. on the Tuesday of the week following the meeting.

The reasons given for a request for referral may include the following:

· The members feel that the issue is sufficiently important that the Comhairle as a body should form a view on the matter. (This could apply where, for example, an issue has implications for the Western Isles as a whole.)

· The decision creates a new policy, or changes fundamentally an existing policy or practice of the Comhairle.

· The issue concerns a particular ward or group of wards and the local member or members should have the opportunity to take full part in taking the decision.

· The members requesting referral are of the view that a majority of the Comhairle would reach a different conclusion from the committee. (This could be the case where a matter had been voted on and the result of the vote had been close.)

61(2) Decisions of Committees may be called in to the Standards and Scrutiny Committee by at least three members of the Standards and Scrutiny Committee, giving reasons in writing. The request must be delivered to the Director of Corporate Services not later than 4.00 p.m. on the Tuesday of the week following the meeting.

The reasons given for a request for Call-in may include the following:

· Members feel that the committee taking the decision did not have available to it all the information necessary to reach a fully informed decision. In this case it would be helpful if the reason could also indicate the information that was missing.

· Members feel that the committee did not take account of all the factors or information available when reaching its decision.

· Members feel that the committee may have acted outwith its powers, or might have failed to follow procedures properly in taking the decision.

· The decision taken affects an existing policy of the Comhairle, or creates a new policy, including any decision that could impact on other services.

6.1(3) A statement setting out the names of the Members requesting the referral or call-in and the reasons given will be appended to the Reports when they are submitted to the Comhairle or Standards and Scrutiny Committee, as appropriate.

(2) the procedures for activating the referral and call-in procedures by officers be as set out in paragraph 7.4 of this report;

(3) decisions of committees be referred automatically to the Comhairle in the following cases:

· Where an issue is considered by two service committees and the decisions are in conflict.

· Where an issue is considered by a service committee and the Policy and Finance Committee and the decisions conflict, if the decision seeks to commit revenue or capital expenditure into future years or if the decision seeks to change the Comhairle's agreed revenue or capital budgets or programmes.

(4) paragraph 17 of the Scheme of Administration be amended to allow committees to "take powers" to enable action to be taken on a decision before a deadline falling before the next scheduled meeting of the Comhairle without being affected by the referral or call-in procedure;

(5) decisions of the Policy and Finance Committee may be referred to the meeting of the Comhairle held on the same day as that of the committee. The reasons can be those accepted for either referral or call-in; and

(6) the Chief Executive and the Director of Corporate Services be authorised to make the necessary amendments to the Comhairle's constitutional documents arising out of the proposals in this report.

QUESTIONS

Corporate Governance

5

Mr Donald Manford asked the Chairman:

"You will recall the questions which were raised recently about the adequacy of Comhairle procedures in relation to issues of corporate governance. While I accept the findings of the various investigations and the decisions taken, I am sure my colleagues share my concern that the Comhairle was unable adequately to address these issues".

"In light of the above, can the Convener tell me what steps have been taken and are being taken to ensure that the failures of corporate governance identified by the Chief Executive in his recent Report are dealt with in the most appropriate manner."

The Chairman replied that the Chief Executive's Report highlighted areas where we have already made progress such as agreeing a Corporate Strategy, Departmental Business Plans and Personal Development Plans. The Comhairle is continuing development in these areas and by the start of the next financial year all staff, including the Chief Executive, will have clear job descriptions and targets based on corporate and departmental plans and will be subject to regular appraisal. These steps should ensure that the Comhairle would be able to deal with any future questions or issues concerning staff behaviour or responsibilities.

Mr Donald Manford asked as a Supplementary Question if the Chairman could give assurances that the Comhairle was able to carry out its public responsibility to ensure that those who did not do their job adequately faced appropriate disciplinary action and to enable the disciplinary measures to be implemented.

The Chairman replied that these issues would be dealt with within the corporate governance framework.

REFERRED BUSINESS

Erection of Telecommunications Mast, Eriskay: Application for Planning Permission

6

A Report by the Director for Sustainable Communities regarding an application for planning permission for the erection of telecommunications mast in Eriskay was submitted following receipt of a request to refer the decision on the item from the Environmental Services Committee to the Comhairle. The reason given for the referral was that the Local Member had been unable to attend the meeting of the Environmental Services Committee and had been unable to participate in the debate on the item. The opportunity was afforded to Mr David Blaney to make a statement in relation to the planning application and the decision of the Environmental Services Committee.

It was agreed that the application for the erection of a Telecommunications Mast, Eriskay, be approved subject to the conditions shown in Appendix 1 to the Report.

Sound of Barra Vehicular Ferry Service

7

A Report by the Director of Technical Services regarding the outcome of consultation with Community Councils on the proposed fares and timetable of the vehicular ferry operation for the Sound of Barra was submitted, the decision of the Transportation Committee having been referred following receipt of a request signed by certain Members of the Comhairle. The reason given for the referral was that the Local Member had been unable to attend the meeting of the Transportation Committee and had not been able to contribute to the debate on the issue. The opportunity was afforded to Mr David Blaney to make a statement on the subject.

Mr David Blaney, seconded by Mr Ronald J Mackinnon, moved in terms of Standing Order 67 that Standing Order 66 be suspended to enable the Comhairle to reconsider the basing of the principal vessel for the Sound of Barra vehicular ferry service.

On the matter being put to the vote, the Motion failed to receive the votes of two-thirds of the Members present.

It was agreed that:

(1) the principal vessel be based at Aird Mhor, Barra, consistent with the previous decision by the Comhairle and the standby vessel be moored at Ceann a Gharaidh on completion of the overnight berth;

(2) the booking service be undertaken by Faire subject to the service being provided at no cost;

(3) the timetable be amended to take account of one additional sailing on Mondays, Wednesdays and Fridays during the summer months of June, July and August subject to demand; and

(4) the fares structure detailed in the report by the Director of Technical Services to a meeting of the Transportation Committee on 21 November 2001 be amended in that the fare for Motorhomes up to five metres be £15.00 single, the same fare as a car and that over five metres remains unchanged at £21.00.

COMMITTEES

Committee Decision Reports

8

Committee Decision Reports were submitted as undernoted.

The Comhairle noted the decisions of the Committees and approved the recommendations in those Items referred from the Committees, unless otherwise indicated:

(1) Arts and Leisure Committee - 29 January 2002.

It was agreed to approve the recommendation in Item 12 of the Committee Decision Report in respect of the Hebridean Celtic Festival.

(2) Housing Committee - 29 January 2002.

It was agreed to approve the recommendations in Item 4 of the Decision Report in respect of the New Housing Partnership.

(3) Education Committee - 29 January 2002

It was agreed to approve the recommendations in Item 19 of the Decision Report in respect of the McCrone Agreement: Creation of a Local Negotiating Committee.

Arising out of consideration of this Item, it was agreed to appoint the following Members to the Local Negotiating Committee:

Mr Norman L Macdonald

Mrs Morag Munro

Mr David Blaney

Mr Malcolm J Macleod

Mr Murdo Macleod

Mr Iain Morrison

(4) Environmental Services Committee - 30 January 2002

(5) Transportation Committee - 30 January 2002

In respect of Item 11 of the Decision Report it was noted that the Committee had agreed that the Director of Technical Services would submit a Report to the next meeting of the Committee on the legality of the Comhairle not allowing ferry operators to operate Sunday services.

(6) Sustainable Development Committee - 30 January 2002

In respect of Item 11 of the Decision Report, Renewable Energy: Reporting Arrangements, it was agreed that Mr Donald M Mackay, Chairman of the Alternative Energy Member/Officer Working Group, be nominated as the Comhairle's representative on the emerging Alternative and Renewable Energy Partnership.

It was agreed to approve the recommendation in Item 12 of the Decision Report in respect of the Hebridean Celtic Festival.

It was agreed to approve the recommendations in Item 24 of the Decision Report in respect of the Oil-Energy Opportunities Conference and Exhibition, Aberdeen, on 28 and 29 May 2002.

(7) Social Work Committee - 31 January 2002

(8) Standards & Scrutiny Committee - 18 February 2002

It was agreed to approve the recommendations in Item 3 of the Decision Report - Referral and Call-in of Decisions.

(9) Policy & Finance Committee - 28 January 2002

It was agreed to approve the recommendations in the following Items:

Item 2 - Non-Housing Capital Programme: Third Quarter Monitoring

Item 3 - Third Quarter Revenue Monitoring

Item 8 - New Code of Practice for Treasury Management

Item 13 - New Parternships

Item 17 - Hebridean Celtic Festival.

(10) Policy & Finance Committee - 18 February 2002

It was agreed to approve the recommendations in the following Items of the Decision Report:

Item 8 - The McCrone Agreement - Creation of a Local Negotiating Committee

Item 35 - Conference: The Future for Scotland's Councillors

(11) Environmental Services Committee - 19 February 2002

It was agreed to approve the recommendations in the following Items:

Item 1 - Extension to St Peter's Church, Francis Street, Stornoway

Item 2 - Erect New Arts Centre, Louise Carnegie Car Park, Kenneth Street, Stornoway.

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