23 April 02

COMHAIRLE NAN EILEAN SIAR

Minute of Meeting held in the Council Offices, Stornoway, on Tuesday 23 April 2002 at 7.00 pm

PRESENT

Mr Alex A MacDonald (Chairman)

Mr Roderick J Murray (Vice-Chairman)

Mr Donald I Nicholson

Mrs Katie M Mackenzie

Mr Norman M Macleod

Mr Iain Morrison

Mr Donald J Macsween

Mr Roderick Morrison

Mrs Morag Munro

Mr Norman A Macdonald

Mr Donald Macdonald

Mr Malcolm J Graham

Mr Archie K Campbell

Mr Ian M Macleod

Mr Donald Maclean

Mr George Lonie

Mr Martin C Taylor

Mr Angus Nicolson

Mrs Mary Bremner

Mr Murdo Macleod

Mr Ronald J Mackinnon

Mr Norman L Macdonald

Mr David Blaney

Mr Alasdair G Macrae

Mr Donald Manford

Mr Angus Campbell

APOLOGIES

Mr Malcolm J Macleod

Mr Philip R McLean

Mr Finlay Morrison

Mr Donald M Mackay

Prayer

The Meeting was opened with Prayer led by Mr Norman M Macleod.

Tribute: HM Queen Elizabeth, The Queen Mother

The Chairman referred to the recent death of HM Queen Elizabeth, The Queen Mother, and informed the Comhairle that he had written to HM The Queen on behalf of the Comhairle and the people of the Western Isles to express condolences to the Queen and the Royal Family and to pay tribute to The Queen Mother's marvellous public service and the way she contributed so richly to the happiness of the many people she met.

Welcome: Mr Martin C Taylor

The Chairman welcomed Mr Martin C Taylor, Member for the North Benbecula Ward, to his first meeting of the Comhairle.

Tribute: Mr Ian M Macleod

The Chairman extended congratulations on behalf of the Comhairle to Mr Ian M Macleod, Member for the Blackwater Ward and to Mrs Macleod, on the recent birth of their son.

MINUTES

Comhairle

1

The Minutes of Meetings of 19 February 2002 (two meetings) and 8 March 2002 were approved.

CONSTITUTION

Bye-Election: North Benbecula Ward

2

The Returning Officer submitted a Report indicating that a bye-election to fill the vacancy for the North Benbecula Ward had been held on 21 March 2002 and that Mr Martin C Taylor had been elected as a Member of the Comhairle for the North Benbecula Ward for the remainder of this term.

It was agreed to note the Report.

Committee Membership: Filling of Vacancies

3

The Chief Executive submitted a Report inviting the Comhairle to fill the vacancies on the following Committees:

Environmental Services Committee

Housing Committee

Sustainable Development Committee

Standards and Scrutiny Committee

Joint Consultative Committee for People with Disability.

It was indicated in the Report that Mr Donald Manford had requested to transfer his membership from the Arts and Leisure Committee to the Environmental Services Committee. It was stated that the request had been approved following consultation with the Convener and the Chairmen of the relevant Committees.

It was agreed:

(1) to appoint Mr Martin C Taylor to serve on the following Service Committees:

Environmental Services Committee

Housing Committee

Sustainable Development Committee

(2) to appoint Mr Martin C Taylor to serve on the Standards and Scrutiny Committee;

(3) to appoint Mr Martin C Taylor to serve on the Joint Consultative Committee for People with Disability; and

(4) to note that Mr Donald Manford had become a member of the Environmental Services Committee and that Mr Manford had relinquished his membership of the Arts and Leisure Committee.

Representation on the Highland Reserve Forces and Cadets Association

4

The Chief Executive submitted a Report seeking the nomination of a member as the Comhairle's representative to the Highland Reserve Forces and Cadets Association.

It was agreed to appoint Mr Murdo Macleod as the Comhairle's representative to the Highland Reserve Forces and Cadets Association.

Arising out of consideration of this Item, it was reported that the Comhairle's place on the Local Authorities Standing Committee for Oil Fabrication had become vacant. The Comhairle was asked to appoint a member to fill the vacancy.

It was agreed to appoint Mr Donald I Nicholson as the Comhairle's representative on the Local Authorities Standing Committee for Oil Fabrication.

Proper Officer Appointments

5

The Director of Corporate Services submitted a Report regarding the appointment of Proper Officers of the Comhairle. It was stated that the following officers had been appointed as Proper Officers in the terms of Section 235 of the Local Government (Scotland) Act 1973.

Mr David O'Loan, Director of Corporate Services

Mr Andrew Mackenzie, Depute Director of Corporate Services

Miss Lesley Macdonald, Legal Services Manager

Mr Ian Leathar, Democratic Services Manager.

It was proposed that in light of the continued temporary reporting of the Democratic Services Section to the Chief Executive, that Mr Bill Howat be appointed as a Proper Officer allowing for clearer lines of authority and accountability.

It was agreed:

(1) to appoint Mr Bill Howat, Chief Executive, as a Proper Officer in terms of Section 235 of the Local Government (Scotland) Act 1973; and

(2) to confirm the appointments of Mr David O'Loan, Mr Andrew Mackenzie, Miss Lesley Macdonald and Mr Ian Leathar as Proper Officers.

QUESTIONS

Written Question to the Convener and the Chairmen of Committees

6

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

(1) Capital Funding

Mr Norman M Macleod asked the Convener that in June 2001 it was agreed that the Director of Finance prepare a submission to the Scottish Executive highlighting our capital spending needs across all services in that a Working Group be formed to prepare and present a case for additional capital funding. It was also agreed that the use of HISTP Contingency Fund be widened to support schemes attracting other forms of external finance.

Can the Convener update Members as to what responses have been received and what progress has been achieved following discussions with the Scottish Executive on this very important matter which greatly affects not only current development but also potential future developments of our Islands Authorities from the Butt of Lewis in the North to the Isle of Barra in the South?

Mr Roderick J Murray replied that the Working Group had not yet met as there had been considerable development since the Comhairle decision. These include separate bids to the Scottish Executive for transport, including the spinal route, in preparation of a combined Education and Social Work PPP subsequently overtaken by the announcement of level playing field support for Education PPPs, that will be discussed at the Education Seminar on Wednesday 24 April 2002. A more general bid for resources has also now gone to Government in the form of a joint document called "Creating Communities of the Future". The Member/Officer Working Group is now being convened to consider what specific bids should now be made to achieve that vision.

Mr Norman M Macleod asked as a supplementary question if it would be an accurate assessment of the situation that, considering the economic climate of the Western Isles, this matter should have gathered more importance that it appeared to have and that the working group should have met at an early date.

Mr Roderick J Murray replied that, while there had been no meeting of the working group, there had been a great deal of work carried out to secure additional capital across the Comhairle's services and he hoped that the results would be seen before too long.

(2) Standards of Conduct

Mr Donald J Macsween asked the Convener would he agree with me that the Comhairle expects all Councillors to uphold the highest standards of probity in all their dealings as Councillors?

The Convener replied that the only answer he could give was yes.

Mr Donald J Macsween asked as a supplementary if the Convener would further agree that the behaviour of certain Councillors who sit on the Western Isles Licensing Board and who continually break the law by refusing competent applications for licences is deplorable and would the Convener join him in calling for the resignation from the Licensing Board of those Members who have cost the Comhairle thousands of pounds in legal fees and perhaps more importantly cost businesses in the Western Isles thousands of pounds by their illegal behaviour? Mr Macsween made it clear that he had nothing against Councillors or others who were members of the Temperance movement or who had moral objections to the sale of alcohol, but expressed the view that they should not sit on the Licensing Board.

The Convener replied that he was not fully aware of all the transactions at the Licensing Board and at this stage he would prefer not to comment without having the details available.

(3) Use of Comhairle Facilities

Mr Donald J Macsween asked the Convener to give an assurance that, in future, the question of the let or use of Council facilities and/or services will be not be determined on the basis of religious bias and that there will be a consistency of the application of policy throughout the Western Isles on all issues.

The Convener replied that the Comhairle's Mission Statement includes the aim of sustaining and improving the quality of life for all the people of the Western Isles, respecting the cultural and religious traditions. All of the actions of the Comhairle are geared to achieving these aims.

Mr Donald J Macsween asked as a supplementary question if the Convener would support him when he moved that all the Council's policies as regards Sunday and Sunday working as they apply towards staff and indeed the Council's policies should be re-examined in view of recent changes in legislation giving people more civil liberties and human rights.

The Convener replied that he would not support that motion, but that he would support a call for a report to discuss the issue.

(4) Transport of Livestock

Mr Donald J Macsween asked the Convener what action do the Comhairle propose to take on the proposed new regulations relating to the transport of livestock on Ro-Ro ferries.

The Convener replied that this is not a new regulation, it is a recommendation by a Scientific Committee for Animal Health and Welfare and the Comhairle will be making representations to the appropriate bodies after due consideration by the appropriate Committees.

Mr Donald J Macsween asked as a supplementary question if he could have an assurance that officials would not sit on their hands on this issue and that they would make sure that we were not overwhelmed by new regulations coming from the EU such as that which resulted in the closure of the abattoir, the auction mart and Heather Isle Meats and that this issue will be in the forefront of officials' minds over the next few weeks.

The Convener replied that he would expect nothing less of the Comhairle's officers and that any suggestion to the contrary was derogatory and should not be considered at this time because there was no evidence to support it.

COMMITTEES

Committee Decision Reports

7

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 - 26 March 2002.

(2) Housing Committee - 26 March 2002.

(3) Education Committee - 26 March 2002.

(4) Environmental Services Committee - 27 March 2002.

(5) Transportation Committee - 8 March 2002 and 27 March 2002.

(6) Sustainable Development Committee - 27 March 2002.

(7) Social Work Committee - 28 March 2002.

(8) Contract Services Committee - 28 January 2002.

(9) Standards and Scrutiny Committee - 23 April 2002.

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

Item 3 - Outline Scrutiny Procedure

Item 4 - Outline Plan of Committee Business

Item 6 - Corporate Governance in the Comhairle: Update

Item 7 - European Procurement: Proposed Amendments to Contract Regulations.

Item 8 - Best Value Review of Strategic Planning and Projects

Item 9 - The Standards Commission for Scotland.

(10) Policy and Finance Committee - 23 April 2002.

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

Item 52 - Gaelic Conferences - that the Convener and Vice-Convener or their nominees be authorised to the following Conferences:

Gaelic Broadcasting Seminar

Gaelic Congress

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PRESENT	Mr Alex A MacDonald (Chairman)
	Mr Roderick J Murray (Vice-Chairman)	Mr Donald I Nicholson
	Mrs Katie M Mackenzie	Mr Norman M Macleod
	Mr Iain Morrison	Mr Donald J Macsween
	Mr Roderick Morrison	Mrs Morag Munro
	Mr Norman A Macdonald	Mr Donald Macdonald
	Mr Malcolm J Graham	Mr Archie K Campbell
	Mr Ian M Macleod	Mr Donald Maclean
	Mr George Lonie	Mr Martin C Taylor
	Mr Angus Nicolson	Mrs Mary Bremner
	Mr Murdo Macleod	Mr Ronald J Mackinnon
	Mr Norman L Macdonald	Mr David Blaney
	Mr Alasdair G Macrae	Mr Donald Manford
	Mr Angus Campbell

APOLOGIES	Mr Malcolm J Macleod	Mr Philip R McLean
	Mr Finlay Morrison	Mr Donald M Mackay

Prayer		The Meeting was opened with Prayer led by Mr Norman M Macleod.
Tribute: HM Queen Elizabeth, The Queen Mother		The Chairman referred to the recent death of HM Queen Elizabeth, The Queen Mother, and informed the Comhairle that he had written to HM The Queen on behalf of the Comhairle and the people of the Western Isles to express condolences to the Queen and the Royal Family and to pay tribute to The Queen Mother's marvellous public service and the way she contributed so richly to the happiness of the many people she met.
Welcome: Mr Martin C Taylor		The Chairman welcomed Mr Martin C Taylor, Member for the North Benbecula Ward, to his first meeting of the Comhairle.
Tribute: Mr Ian M Macleod		The Chairman extended congratulations on behalf of the Comhairle to Mr Ian M Macleod, Member for the Blackwater Ward and to Mrs Macleod, on the recent birth of their son.
		MINUTES
Comhairle	1	The Minutes of Meetings of 19 February 2002 (two meetings) and 8 March 2002 were approved.
		CONSTITUTION
Bye-Election: North Benbecula Ward	2	The Returning Officer submitted a Report indicating that a bye-election to fill the vacancy for the North Benbecula Ward had been held on 21 March 2002 and that Mr Martin C Taylor had been elected as a Member of the Comhairle for the North Benbecula Ward for the remainder of this term.
		It was agreed to note the Report.
Committee Membership: Filling of Vacancies	3	The Chief Executive submitted a Report inviting the Comhairle to fill the vacancies on the following Committees: Environmental Services Committee Housing Committee Sustainable Development Committee Standards and Scrutiny Committee Joint Consultative Committee for People with Disability.
		It was indicated in the Report that Mr Donald Manford had requested to transfer his membership from the Arts and Leisure Committee to the Environmental Services Committee. It was stated that the request had been approved following consultation with the Convener and the Chairmen of the relevant Committees.
		It was agreed: (1) to appoint Mr Martin C Taylor to serve on the following Service Committees: Environmental Services Committee Housing Committee Sustainable Development Committee
		(2) to appoint Mr Martin C Taylor to serve on the Standards and Scrutiny Committee; (3) to appoint Mr Martin C Taylor to serve on the Joint Consultative Committee for People with Disability; and (4) to note that Mr Donald Manford had become a member of the Environmental Services Committee and that Mr Manford had relinquished his membership of the Arts and Leisure Committee.
Representation on the Highland Reserve Forces and Cadets Association	4	The Chief Executive submitted a Report seeking the nomination of a member as the Comhairle's representative to the Highland Reserve Forces and Cadets Association. It was agreed to appoint Mr Murdo Macleod as the Comhairle's representative to the Highland Reserve Forces and Cadets Association. Arising out of consideration of this Item, it was reported that the Comhairle's place on the Local Authorities Standing Committee for Oil Fabrication had become vacant. The Comhairle was asked to appoint a member to fill the vacancy.
		It was agreed to appoint Mr Donald I Nicholson as the Comhairle's representative on the Local Authorities Standing Committee for Oil Fabrication.
Proper Officer Appointments	5	The Director of Corporate Services submitted a Report regarding the appointment of Proper Officers of the Comhairle. It was stated that the following officers had been appointed as Proper Officers in the terms of Section 235 of the Local Government (Scotland) Act 1973. Mr David O'Loan, Director of Corporate Services Mr Andrew Mackenzie, Depute Director of Corporate Services Miss Lesley Macdonald, Legal Services Manager Mr Ian Leathar, Democratic Services Manager.
		It was proposed that in light of the continued temporary reporting of the Democratic Services Section to the Chief Executive, that Mr Bill Howat be appointed as a Proper Officer allowing for clearer lines of authority and accountability.
		It was agreed:
		(1) to appoint Mr Bill Howat, Chief Executive, as a Proper Officer in terms of Section 235 of the Local Government (Scotland) Act 1973; and
		(2) to confirm the appointments of Mr David O'Loan, Mr Andrew Mackenzie, Miss Lesley Macdonald and Mr Ian Leathar as Proper Officers.
		QUESTIONS
Written Question to the Convener and the Chairmen of Committees	6	Written Questions to the Convener and the Chairmen of Committees were submitted as follows: (1) Capital Funding Mr Norman M Macleod asked the Convener that in June 2001 it was agreed that the Director of Finance prepare a submission to the Scottish Executive highlighting our capital spending needs across all services in that a Working Group be formed to prepare and present a case for additional capital funding. It was also agreed that the use of HISTP Contingency Fund be widened to support schemes attracting other forms of external finance.
		Can the Convener update Members as to what responses have been received and what progress has been achieved following discussions with the Scottish Executive on this very important matter which greatly affects not only current development but also potential future developments of our Islands Authorities from the Butt of Lewis in the North to the Isle of Barra in the South?
		Mr Roderick J Murray replied that the Working Group had not yet met as there had been considerable development since the Comhairle decision. These include separate bids to the Scottish Executive for transport, including the spinal route, in preparation of a combined Education and Social Work PPP subsequently overtaken by the announcement of level playing field support for Education PPPs, that will be discussed at the Education Seminar on Wednesday 24 April 2002. A more general bid for resources has also now gone to Government in the form of a joint document called "Creating Communities of the Future". The Member/Officer Working Group is now being convened to consider what specific bids should now be made to achieve that vision.
		Mr Norman M Macleod asked as a supplementary question if it would be an accurate assessment of the situation that, considering the economic climate of the Western Isles, this matter should have gathered more importance that it appeared to have and that the working group should have met at an early date. Mr Roderick J Murray replied that, while there had been no meeting of the working group, there had been a great deal of work carried out to secure additional capital across the Comhairle's services and he hoped that the results would be seen before too long.
		(2) Standards of Conduct Mr Donald J Macsween asked the Convener would he agree with me that the Comhairle expects all Councillors to uphold the highest standards of probity in all their dealings as Councillors?
		The Convener replied that the only answer he could give was yes.
		Mr Donald J Macsween asked as a supplementary if the Convener would further agree that the behaviour of certain Councillors who sit on the Western Isles Licensing Board and who continually break the law by refusing competent applications for licences is deplorable and would the Convener join him in calling for the resignation from the Licensing Board of those Members who have cost the Comhairle thousands of pounds in legal fees and perhaps more importantly cost businesses in the Western Isles thousands of pounds by their illegal behaviour? Mr Macsween made it clear that he had nothing against Councillors or others who were members of the Temperance movement or who had moral objections to the sale of alcohol, but expressed the view that they should not sit on the Licensing Board.
		The Convener replied that he was not fully aware of all the transactions at the Licensing Board and at this stage he would prefer not to comment without having the details available.
		(3) Use of Comhairle Facilities Mr Donald J Macsween asked the Convener to give an assurance that, in future, the question of the let or use of Council facilities and/or services will be not be determined on the basis of religious bias and that there will be a consistency of the application of policy throughout the Western Isles on all issues.
		The Convener replied that the Comhairle's Mission Statement includes the aim of sustaining and improving the quality of life for all the people of the Western Isles, respecting the cultural and religious traditions. All of the actions of the Comhairle are geared to achieving these aims.
		Mr Donald J Macsween asked as a supplementary question if the Convener would support him when he moved that all the Council's policies as regards Sunday and Sunday working as they apply towards staff and indeed the Council's policies should be re-examined in view of recent changes in legislation giving people more civil liberties and human rights. The Convener replied that he would not support that motion, but that he would support a call for a report to discuss the issue.
		(4) Transport of Livestock Mr Donald J Macsween asked the Convener what action do the Comhairle propose to take on the proposed new regulations relating to the transport of livestock on Ro-Ro ferries.
		The Convener replied that this is not a new regulation, it is a recommendation by a Scientific Committee for Animal Health and Welfare and the Comhairle will be making representations to the appropriate bodies after due consideration by the appropriate Committees.
		Mr Donald J Macsween asked as a supplementary question if he could have an assurance that officials would not sit on their hands on this issue and that they would make sure that we were not overwhelmed by new regulations coming from the EU such as that which resulted in the closure of the abattoir, the auction mart and Heather Isle Meats and that this issue will be in the forefront of officials' minds over the next few weeks. The Convener replied that he would expect nothing less of the Comhairle's officers and that any suggestion to the contrary was derogatory and should not be considered at this time because there was no evidence to support it.

		COMMITTEES
Committee Decision Reports	7	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 - 26 March 2002.
		(2) Housing Committee - 26 March 2002.
		(3) Education Committee - 26 March 2002.
		(4) Environmental Services Committee - 27 March 2002.
		(5) Transportation Committee - 8 March 2002 and 27 March 2002.
		(6) Sustainable Development Committee - 27 March 2002.
		(7) Social Work Committee - 28 March 2002.
		(8) Contract Services Committee - 28 January 2002.
		(9) Standards and Scrutiny Committee - 23 April 2002.
		It was agreed to approve the recommendations in the following Items of the Decision Report:
		Item 3 - Outline Scrutiny Procedure Item 4 - Outline Plan of Committee Business Item 6 - Corporate Governance in the Comhairle: Update Item 7 - European Procurement: Proposed Amendments to Contract Regulations. Item 8 - Best Value Review of Strategic Planning and Projects Item 9 - The Standards Commission for Scotland.
		(10) Policy and Finance Committee - 23 April 2002.
		It was agreed to approve the recommendations in the following Items of the Decision Report. Item 52 - Gaelic Conferences - that the Convener and Vice-Convener or their nominees be authorised to the following Conferences:
		Gaelic Broadcasting Seminar Gaelic Congress
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