30 October 2002

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday, 30 October 2002 at 7.00pm.

PRESENT

Mr Alexander A Macdonald (Chairman)

Mr Roderick J Murray (Vice-Chairman

Mr Malcolm J Macleod

Mr Norman M Macleod

Mr Iain Morrison

Mr Donald J Macsween

Mr Norman A Macdonald

Mr Finlay Morrison

Mr Malcolm J Graham

Mrs Morag Munro

Mr George Lonie

Mr Donald Macdonald

Mr Angus Nicolson

Mr Archie Campbell

Mr Murdo Macleod

Mr Donald Maclean

Mr Norman L Macdonald

Mr Martin C Taylor

Mr Alasdair G Macrae

Mrs Mary Bremner

Mr Angus Campbell

Mr Ronald J Mackinnon

Mr Philip R McLean

Mr David Blaney

Mr Donald I Nicholson

Mr Donald Manford

APOLOGIES

Mrs Katie M Mackenzie

Mr Ian M Macleod

Mr Roderick Morrison

Mr Donald M Mackay

Prayer

The meeting was opened with prayer led by Mr Finlay Morrison.

Tribute: Royal National Mod

The Chairman congratulated all those who had participated in the Royal National Mod, which had been held in Largs. He stated that this had been a very successful Mod for the Islands, with many trophies being won by Island competitors. He expressed pride in the young people from the Western Isles who had performed to a very high standard and brought many trophies back to the islands. The Chairman referred in particular to:

· Miss Eilidh MacKenzie and Mr Donald Macleod of The Nicolson Institute who won the silver medals;

· Mr Calum Alex Macmillan, of Shader, Isle of Lewis, who had won the An Comunn Gaidhealach Gold Medal; and

· Mr Alasdair Macarthur, of Garrabost, Isle of Lewis, who had won the Mary Lamont Gold Medal for Traditional Singing.

Tribute:

Mr Angus Macleod

The Chairman referred to Mr Angus Macleod, of Marybank, Isle of Lewis, who had died recently. Mr Macleod had been an active member of the Crofting Community and had been instrumental in establishing the Crofters' Union in 1985. He had also donated a large quantity of crofting artefacts, which had been his personal collection and known as the Calbost Collection, to the Comhairle. The Chairman extended sympathy and condolences on behalf of the Comhairle to Mr Macleod's family in their sad loss.

Tribute:

Mrs Christina Morrison

The Chairman, on behalf of the Comhairle extended congratulations to Mrs Chirsty Morrison, who had recently celebrated her 107th birthday and wished Mrs Morrison continued good health for future years.

MINUTES

Comhairle

1

The minute of meeting of 10 September 2002 was approved.

QUESTIONS

Direct Payments and Fire Brigade Disputes

2

(a) Direct Payments to Carers

Mr Angus Nicolson asked the Chairman of the Social Work Committee:

Following the introduction of direct payments to carers, the carers are having to comply with the very complex area of employment law. Do the Social Work department intend to issue any guidance to those who are becoming employers - and to their prospective employees - so as to try to protect the parties and prevent legal problems in the future?

Mrs Mary Bremner replied as follows:

"The introduction of schemes of Direct Payments is a requirement now placed on the Comhairle. The Social Work Department is working at present, in close co-operation with the umbrella organisation "Direct Payments Scotland", to have a fully workable scheme in place for older people's services for the deadline of June 2003. "Direct Payments Scotland" has already been involved in a local seminar to help us draw on experiences elsewhere in formulating a scheme for the Western Isles.

"Councillor Nicolson's question raises an important aspect of the controls to be developed within a direct payment scheme. The issue of the liability of individuals who are engaged in direct employment of carers is a matter of concern. The development of the local scheme involves close consultation with the Finance and Legal sections of the Comhairle. We will have to ensure that the Comhairle, in making direct payments to a service user, does not incur any kind of secondary liability within the arrangements for which the payment is used.

"We will engage with known local service providers who may be contracted by service users receiving direct payments, organisations like Crossroads, Tagsa Uibhist and Cobhair Bharraigh, to ensure that local guidance covers these concerns.

"The proposals for the local scheme, which will explicitly cover the issues raised by Councillor Nicolson, will be brought to the Social Work Committee for approval, prior to the implementation date in 2003."

Mr Angus Nicolson asked as a supplementary question that where Health and Safety issues prevent the Comhairle providing care packages, are the Comhairle able to advise non-statutory bodies, such as charities or individuals providing care, of the Health and Safety issues which have been identified? And, was there any legal exposure if the Comhairle failed to communicate significant Health and Safety issues to someone providing paid care under the direct payments scheme?

Mrs Mary Bremner replied that the Social Work Department would not seek to transfer a directly provided service to another body in order to transfer an unacceptable risk. There are times when voluntary organisations are able to make more flexible arrangements than, for example, the home care service of the Comhairle. If this flexibility is needed, then such an arrangement makes sense.

She indicated that, if the domestic environment has some features of risk that have already been identified within a social work assessment, the Social Work Department would, if the arrangements were known, share with any other agency asked to provide service any concerns identified in the social work risk assessment. This did not take away from the provider organisation having their own responsibility to conduct a risk assessment before engaging staff within that setting.

(b) Fire Brigade Disputes

Mr Angus Nicolson asked the Chairman if in light of the impending strike, can the Convener advise us of the likely effect on the Western Isles; and the arrangements for fire cover throughout the Western Isles during the strike.

The Chairman replied that the Comhairle has been actively involved in preparing for the National Fire Strike. He stated that members had received a briefing from the Director of Corporate services detailing the contingency plans that have been made should the remaining strike periods go ahead. In the case of strike action there would be two Green Goddess vehicles located at Stornoway TA Centre, escorted by Police vehicles.

Mr Angus Nicolson asked as a supplementary question that, given the continuing unresolved problems in the Stornoway Fire Brigade, can the Convener advise us of the Comhairle's involvement in the process, and what efforts are being made to resolve the very important issues.

The Chairman replied that members had also received a brief on the local and unresolved problems in Stornoway Fire Brigade. He indicated that there remained concern at the situation and anxious to ensure that levels of fire cover are maintained, and to that end an assurance had been received from the Firemaster. he stated that the Comhairle had no involvement in or jurisdiction over the local Fire Dispute and any answers to this problem lay solely in the hand of the Fire Board.

CONSTITUTION

Review of Referral and Call-in Procedure

CO1.01

3

With reference to item 3 of the minute of meeting of the Policy and Finance Committee of 30 September 2002, the Chief Executive submitted a report regarding a review of the referral and call-in procedures adopted by the Comhairle in June 2002. It was indicated that the committee had considered four options to adjust the procedure. A summary of the options was appended to the report. Details of a fifth option were set out in the report, having regard to discussion at the Policy and Finance Committee and the Committee Review Member/Officer Working Group as follows:

(a) The Comhairle would meet in the week following the committees, the suggested day being Thursday;

(b) The recommendations from the committees would be submitted for approval to that meeting;

(c) Committees would have no absolute delegation, but could exercise conditional delegation where relevant;

(d) To streamline the process and reduce papers all reports for noting would be published in a revised information bulletin, and greater delegation would be given to officers.

It was proposed that any new approach be introduced with effect from January 2003. A draft year planner for 2003 based on these principles was appended to the report.

Mr David Blaney, seconded by Mr Donald Macdonald, moved that the alternative to the current call-in/referral procedure as outlined be introduced with effect from January 2003, but that the Comhairle meet two weeks after the committees.

Mr Norman A Macdonald, seconded by Mr Norman M Macleod, moved as an amendment that the alternative to the current call-in/referral procedure as outlined be introduced with effect from January 2003 on the basis set out.

On the matter being put to the vote, the amendment received the majority of votes cast and became the finding of the meeting.

Appointments to Outside Bodies

CO1.11

4

The Chief Executive submitted a report regarding a request from Urras nan Tursachan that the Comhairle appoint a member to succeed Mr Roderick J Murray who had resigned as a director of the company. The background to the matter was set out in the report.

It was agreed to appoint Mr Roderick Morrison as a director of Urras nan Tursachan.

CALENDAR

Public and Local Holidays 2003

CO1.09

5

The Chief Executive submitted a report regarding the public and local holidays proposed for the Western Isles in 2003. A draft schedule of public and local holidays was appended to the report, together with the Comhairle's Year Planner showing the proposed schedule of meetings for 2003.

It was agreed:

(1) to approve the public and local holidays for 2003 as detailed in the appendix to the minute;

(2) to approve the pattern of committee and Comhairle meetings as detailed in the year planner appended to the report;

(3) to authorise the Director of Corporate Services, in consultation with the Convener, Vice-Convener and the Chief Executive, to make any necessary changes to the pattern of meetings within any series in light of experience and the practical requirements of managing the Comhairle's business.

COMMITTEES

Committee Decision Reports

6

Committee Decision Reports were submitted as undernoted. The Comhairle noted the decisions of the committees and approved the recommendations in those items referred from committees, unless otherwise indicated:

(1) Arts and Leisure Committee - 1 October 2002

It was agreed to approve the recommendations in item 1 of the decision report - Scheme of Delegation to Officers.

(2) Housing Committee - 1 October 2002

(3) Education Committee - 1 October 2002

(4) Environmental Services Committee - 2 October 2002

(5) Transportation Committee 2 October 2002

(6) Sustainable Development Committee - 2 October 2002

(7) Social Work Committee - 3 October 2002

(8) Standards and Scrutiny Committee - 29 October 2002

It was agreed to approve the recommendations in the following items of the decision report:

Item 3 - Scheme of Delegation to Officers: Proposed Amendments;

Item 4 - Corporate Governance in the Comhairle: Return of Democratic Services to Corporate Services;

Item 5 - Voting Procedures: Amendment to Standing Orders

Item 7 - CIPFA Better Governance Forum in Scotland

(9) Policy and Finance Committee - 30 October 2002

ADDITIONAL ITEM

The Chairman ruled in terms of standing Order 8 that the following item be considered as a matter of urgency to enable the Comhairle to discuss and express a view on recent developments that could affect tendering for the inter-island air service.

Inter-Island Air Service: Public Service Obligations

7

The Director of Technical Services submitted a report indicating that the Scottish Executive intended to promote the Public Service Obligation (PSO) for the Glasgow to Barra air service for a period of one year from 1 April 2003. It was stated that the Scottish Executive planned to review the PSO half way through its lifetime, likely to be in September 2003. It was indicated that the Comhairle had previously agreed to promote the PSO for the Stornoway to Benbecula and Benbecula to Barra air services for a period of three years. Concern was expressed over the potential implications for the Comhairle of different time periods for PSOs relating to air services that had relied on using the same aircraft. It was reported that Mr Lewis Macdonald MSP, Deputy Minister for Transport, had agreed to meet representatives from the Comhairle to discuss the issue.

It was agreed that:

(1) the Director of Technical Services be authorised to advise the Scottish Executive that the Comhairle remains of the view that the appropriate length of PSO for the Stornoway to Benbecula and Benbecula to Barra air services is three years and that the appropriate notices should be forwarded for publication in the Official Journal of the European Communities; and

(2) the Convener and the Chairman and Vice-Chairman of the Transportation Committee meet with Mr Lewis Macdonald MSP, Deputy Minister for Transportation, to discuss the future of the Glasgow to Barra air service.

____

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

APOLOGIES	Mrs Katie M Mackenzie	Mr Ian M Macleod
	Mr Roderick Morrison	Mr Donald M Mackay

Prayer		The meeting was opened with prayer led by Mr Finlay Morrison.
Tribute: Royal National Mod		The Chairman congratulated all those who had participated in the Royal National Mod, which had been held in Largs. He stated that this had been a very successful Mod for the Islands, with many trophies being won by Island competitors. He expressed pride in the young people from the Western Isles who had performed to a very high standard and brought many trophies back to the islands. The Chairman referred in particular to: · Miss Eilidh MacKenzie and Mr Donald Macleod of The Nicolson Institute who won the silver medals; · Mr Calum Alex Macmillan, of Shader, Isle of Lewis, who had won the An Comunn Gaidhealach Gold Medal; and · Mr Alasdair Macarthur, of Garrabost, Isle of Lewis, who had won the Mary Lamont Gold Medal for Traditional Singing.
Tribute: Mr Angus Macleod		The Chairman referred to Mr Angus Macleod, of Marybank, Isle of Lewis, who had died recently. Mr Macleod had been an active member of the Crofting Community and had been instrumental in establishing the Crofters' Union in 1985. He had also donated a large quantity of crofting artefacts, which had been his personal collection and known as the Calbost Collection, to the Comhairle. The Chairman extended sympathy and condolences on behalf of the Comhairle to Mr Macleod's family in their sad loss.
Tribute: Mrs Christina Morrison		The Chairman, on behalf of the Comhairle extended congratulations to Mrs Chirsty Morrison, who had recently celebrated her 107th birthday and wished Mrs Morrison continued good health for future years.
		MINUTES
Comhairle	1	The minute of meeting of 10 September 2002 was approved.
		QUESTIONS
Direct Payments and Fire Brigade Disputes	2	(a) Direct Payments to Carers Mr Angus Nicolson asked the Chairman of the Social Work Committee: Following the introduction of direct payments to carers, the carers are having to comply with the very complex area of employment law. Do the Social Work department intend to issue any guidance to those who are becoming employers - and to their prospective employees - so as to try to protect the parties and prevent legal problems in the future? Mrs Mary Bremner replied as follows: "The introduction of schemes of Direct Payments is a requirement now placed on the Comhairle. The Social Work Department is working at present, in close co-operation with the umbrella organisation "Direct Payments Scotland", to have a fully workable scheme in place for older people's services for the deadline of June 2003. "Direct Payments Scotland" has already been involved in a local seminar to help us draw on experiences elsewhere in formulating a scheme for the Western Isles. "Councillor Nicolson's question raises an important aspect of the controls to be developed within a direct payment scheme. The issue of the liability of individuals who are engaged in direct employment of carers is a matter of concern. The development of the local scheme involves close consultation with the Finance and Legal sections of the Comhairle. We will have to ensure that the Comhairle, in making direct payments to a service user, does not incur any kind of secondary liability within the arrangements for which the payment is used. "We will engage with known local service providers who may be contracted by service users receiving direct payments, organisations like Crossroads, Tagsa Uibhist and Cobhair Bharraigh, to ensure that local guidance covers these concerns. "The proposals for the local scheme, which will explicitly cover the issues raised by Councillor Nicolson, will be brought to the Social Work Committee for approval, prior to the implementation date in 2003." Mr Angus Nicolson asked as a supplementary question that where Health and Safety issues prevent the Comhairle providing care packages, are the Comhairle able to advise non-statutory bodies, such as charities or individuals providing care, of the Health and Safety issues which have been identified? And, was there any legal exposure if the Comhairle failed to communicate significant Health and Safety issues to someone providing paid care under the direct payments scheme? Mrs Mary Bremner replied that the Social Work Department would not seek to transfer a directly provided service to another body in order to transfer an unacceptable risk. There are times when voluntary organisations are able to make more flexible arrangements than, for example, the home care service of the Comhairle. If this flexibility is needed, then such an arrangement makes sense. She indicated that, if the domestic environment has some features of risk that have already been identified within a social work assessment, the Social Work Department would, if the arrangements were known, share with any other agency asked to provide service any concerns identified in the social work risk assessment. This did not take away from the provider organisation having their own responsibility to conduct a risk assessment before engaging staff within that setting. (b) Fire Brigade Disputes Mr Angus Nicolson asked the Chairman if in light of the impending strike, can the Convener advise us of the likely effect on the Western Isles; and the arrangements for fire cover throughout the Western Isles during the strike. The Chairman replied that the Comhairle has been actively involved in preparing for the National Fire Strike. He stated that members had received a briefing from the Director of Corporate services detailing the contingency plans that have been made should the remaining strike periods go ahead. In the case of strike action there would be two Green Goddess vehicles located at Stornoway TA Centre, escorted by Police vehicles. Mr Angus Nicolson asked as a supplementary question that, given the continuing unresolved problems in the Stornoway Fire Brigade, can the Convener advise us of the Comhairle's involvement in the process, and what efforts are being made to resolve the very important issues. The Chairman replied that members had also received a brief on the local and unresolved problems in Stornoway Fire Brigade. He indicated that there remained concern at the situation and anxious to ensure that levels of fire cover are maintained, and to that end an assurance had been received from the Firemaster. he stated that the Comhairle had no involvement in or jurisdiction over the local Fire Dispute and any answers to this problem lay solely in the hand of the Fire Board.
		CONSTITUTION
Review of Referral and Call-in Procedure CO1.01	3	With reference to item 3 of the minute of meeting of the Policy and Finance Committee of 30 September 2002, the Chief Executive submitted a report regarding a review of the referral and call-in procedures adopted by the Comhairle in June 2002. It was indicated that the committee had considered four options to adjust the procedure. A summary of the options was appended to the report. Details of a fifth option were set out in the report, having regard to discussion at the Policy and Finance Committee and the Committee Review Member/Officer Working Group as follows: (a) The Comhairle would meet in the week following the committees, the suggested day being Thursday; (b) The recommendations from the committees would be submitted for approval to that meeting; (c) Committees would have no absolute delegation, but could exercise conditional delegation where relevant; (d) To streamline the process and reduce papers all reports for noting would be published in a revised information bulletin, and greater delegation would be given to officers. It was proposed that any new approach be introduced with effect from January 2003. A draft year planner for 2003 based on these principles was appended to the report. Mr David Blaney, seconded by Mr Donald Macdonald, moved that the alternative to the current call-in/referral procedure as outlined be introduced with effect from January 2003, but that the Comhairle meet two weeks after the committees. Mr Norman A Macdonald, seconded by Mr Norman M Macleod, moved as an amendment that the alternative to the current call-in/referral procedure as outlined be introduced with effect from January 2003 on the basis set out. On the matter being put to the vote, the amendment received the majority of votes cast and became the finding of the meeting.
Appointments to Outside Bodies CO1.11	4	The Chief Executive submitted a report regarding a request from Urras nan Tursachan that the Comhairle appoint a member to succeed Mr Roderick J Murray who had resigned as a director of the company. The background to the matter was set out in the report. It was agreed to appoint Mr Roderick Morrison as a director of Urras nan Tursachan.
		CALENDAR
Public and Local Holidays 2003 CO1.09	5	The Chief Executive submitted a report regarding the public and local holidays proposed for the Western Isles in 2003. A draft schedule of public and local holidays was appended to the report, together with the Comhairle's Year Planner showing the proposed schedule of meetings for 2003. It was agreed: (1) to approve the public and local holidays for 2003 as detailed in the appendix to the minute; (2) to approve the pattern of committee and Comhairle meetings as detailed in the year planner appended to the report; (3) to authorise the Director of Corporate Services, in consultation with the Convener, Vice-Convener and the Chief Executive, to make any necessary changes to the pattern of meetings within any series in light of experience and the practical requirements of managing the Comhairle's business.
		COMMITTEES
Committee Decision Reports	6	Committee Decision Reports were submitted as undernoted. The Comhairle noted the decisions of the committees and approved the recommendations in those items referred from committees, unless otherwise indicated: (1) Arts and Leisure Committee - 1 October 2002 It was agreed to approve the recommendations in item 1 of the decision report - Scheme of Delegation to Officers. (2) Housing Committee - 1 October 2002 (3) Education Committee - 1 October 2002 (4) Environmental Services Committee - 2 October 2002 (5) Transportation Committee 2 October 2002 (6) Sustainable Development Committee - 2 October 2002 (7) Social Work Committee - 3 October 2002 (8) Standards and Scrutiny Committee - 29 October 2002 It was agreed to approve the recommendations in the following items of the decision report: Item 3 - Scheme of Delegation to Officers: Proposed Amendments; Item 4 - Corporate Governance in the Comhairle: Return of Democratic Services to Corporate Services; Item 5 - Voting Procedures: Amendment to Standing Orders Item 7 - CIPFA Better Governance Forum in Scotland (9) Policy and Finance Committee - 30 October 2002

		ADDITIONAL ITEM
		The Chairman ruled in terms of standing Order 8 that the following item be considered as a matter of urgency to enable the Comhairle to discuss and express a view on recent developments that could affect tendering for the inter-island air service.
Inter-Island Air Service: Public Service Obligations	7	The Director of Technical Services submitted a report indicating that the Scottish Executive intended to promote the Public Service Obligation (PSO) for the Glasgow to Barra air service for a period of one year from 1 April 2003. It was stated that the Scottish Executive planned to review the PSO half way through its lifetime, likely to be in September 2003. It was indicated that the Comhairle had previously agreed to promote the PSO for the Stornoway to Benbecula and Benbecula to Barra air services for a period of three years. Concern was expressed over the potential implications for the Comhairle of different time periods for PSOs relating to air services that had relied on using the same aircraft. It was reported that Mr Lewis Macdonald MSP, Deputy Minister for Transport, had agreed to meet representatives from the Comhairle to discuss the issue. It was agreed that: (1) the Director of Technical Services be authorised to advise the Scottish Executive that the Comhairle remains of the view that the appropriate length of PSO for the Stornoway to Benbecula and Benbecula to Barra air services is three years and that the appropriate notices should be forwarded for publication in the Official Journal of the European Communities; and (2) the Convener and the Chairman and Vice-Chairman of the Transportation Committee meet with Mr Lewis Macdonald MSP, Deputy Minister for Transportation, to discuss the future of the Glasgow to Barra air service.
____