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COMHAIRLE NAN EILEAN SIAR

Minute of Meeting held in the Council Offices, Stornoway, on Wednesday 27 April 2005 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 Nicolson
	Mr John Mackay	Mr Norman M Macleod
	Mr Iain Morrison	Mr Donald J Macsween
	Mr Roderick Morrison	Mr Alexander Mackintosh
	Mr Norman A Macdonald	Mrs Annie Macdonald
	Mr Angus M Graham	Mrs Morag Munro
	Mr Malcolm J Graham	Mr Donald MacDonald
	Mr Ian M Macleod	Mr Archie K Campbell
	Mr Neil Campbell	Mr Donald Maclean
	Mr Angus Nicolson	Mr Martin C Taylor
	Mr Murdo Macleod	Mr Angus MacDonald
	Mr Norman L Macdonald	Mr Donald Manford
	Mr Keith Dodson


APOLOGIES	Mr George Lonie

Prayer: Mr Ian M Macleod		The meeting was opened with prayer led by Mr Ian M Macleod.
Tribute: Mr Iain Mackinnon		The Convener referred to Mr Iain Mackinnon who was attending his first meeting of the Comhairle as Director of Technical Services. The Convener, on behalf of the Comhairle, congratulated Mr Mackinnon on his appointment.
Tribute: Mr Robert Emmott		The Convener referred to Mr Robert Emmott who was attending his first meeting of the Comhairle as Director of Finance. The Convener, on behalf of the Comhairle, congratulated Mr Emmott on his appointment.
Tribute: Mrs Margaret Macleod		The Convener referred to Mrs Margaret Macleod who had celebrated her 100^th birthday on 20 March 2005. The Convener, on behalf of the Comhairle, extended best wishes to Mrs Macleod.
Tribute: Mrs Mary Ann Macleod		The Convener referred to Mrs Mary Ann Macleod who had celebrated her 100^th birthday on 30 March 2005. The Convener, on behalf of the Comhairle, extended best wishes to Mrs Macleod.
Tribute: Sir E Scott School Choir		The Convener referred to the Sir E Scott School Choir who had won the overall prize for the best choir at the Pan Celtic Festival in Tralee, Ireland. The Convener, on behalf of the Comhairle, congratulated Sir E Scott School Choir on this achievement.
Tribute: Mr Calum Alex Macmillan		The Convener referred to Mr Calum Alex Macmillan from Point who had won the Traditional Medal at the Pan Celtic Festival in Tralee, Ireland. The Convener, on behalf of the Comhairle, congratulated Mr Macmillan on this achievement.
Tribute: Nicolson Senior Girls Football Team		The Convener referred to the Nicolson Senior Girls Football Team who had reached the final of the Scottish Cup. The Convener, on behalf of the Comhairle, congratulated the Nicolson Senior Girls Football Team on this achievement for the excellent reputation they have earned for both their School and the Western Isles.
Tribute: Gaelic Language Bill		The Convener referred to the Gaelic Language Bill, which had been agreed by the Scottish Parliament on Thursday 21 April 2005 and which gave the Gaelic language certain rights and was a starting point for the revitalisation of the language.
		MINUTES
Minute of Meeting of 10 February 2005 at 4pm.	1	The Minute of Meeting of 10 February 2005 at 4.00pm was approved.
Minute of Meeting of 10 February 2005 at 7pm.	2	The Minute of Meeting of 10 February 2005 at 7.00pm was approved.
Minute of Meeting of 23 February 2005	3	The Minute of Meeting of 23 February 2005 was approved.
Declaration of Interest	4	Mr Angus Nicolson declared an interest in Items 13 and 14 of the Environmental Services Committee Decision Report. Mr Donald I Nicholson declared an interest in item 14 of the Environmental Services Committee Decision Report. Mr Angus Campbell declared an interest in item 7 of the Policy and Resources Committee Decision Report. Mr Norman A Macdonald declared an interest in items 7, 8 and 26 of the Policy and Resources Committee Decision Report.

		QUESTIONS
Written Questions to the Convener and the Chairmen of Committees	5	Mr Angus M Graham asked the Chairman: “Are the Council aware of the report by HIE into the public funding of the 2001 Mod?” The Chairman replied as follows: “The Comhairle was aware that a report had been commissioned into the Royal National Mod in 2001 as three officers from the Comhairle were interviewed by the Company which produced the report. The Report was commissioned by HIE for HIE”. Mr Angus M Graham asked as a supplementary question: “Is the Council aware of that report and could the identify of the agent who was paid £31,000 in connection with the charter of the ship be disclosed”. The Chairman replied as follows: “I am sorry but I do not have that information”. Mr Angus M Graham asked the Chairman: “How much money have the Comhairle agreed to contribute towards the 2005 Mod?” The Chairman replied as follows: “At a meeting of the Policy and Resources Committee held on 4 September 2003, it was agreed to allocate £150k to Mod nan Eilean Siar 2005 on the basis of three equal payments of £50k in the financial years 2003/04, 2004/05 and 2005/06. The bid to stage the Mod in the Western Isles was conditional on the Mod returning to the islands every five years which would mean that annual grant payments of £30k would be made over the period. In addition, the Comhairle agreed a sum of £50k when setting the 2005/06 budget for the local costs of staging the Mod and have set aside a further £30k to underwrite the costs of providing a cruise ship for accommodation”.
		Mr Angus M Graham asked as a supplementary question “How much was that?”. The Chairman replied as follows: “If the £30k was to be called on that would be £230k”. Mr Angus M Graham asked as a supplementary question: “How much has been paid to date?” The Chairman replied as follows: “It is over £100,000” Mr Angus M Graham asked the Chairman: “Has the money currently pledged to the Comunn Gaidhealach towards the costs of the 2005 Mod been agreed on the basis of the rules in respect of “Following and Spending the Public Pound”? The Chairman replied as follows: “The money pledged to An Comunn Gaidhleach towards the costs of Mod nan Eilean Siar 2005 has been agreed on the basis of the rules in respect of “Following and Spending the Public Pound”. Mr Angus M Graham asked as a supplementary question: “You do know Convener that there is a requirement in the CIPFA Code of Conduct to ensure that the requirements in that Code are adhered to in respect of Public Expenditure to outside bodies”. The Chairman replied as follows: “The Chief Executive has the relevant piece referring to that.” Mr Angus M Graham asked the Chairman: “Has the matter of the HIE Report into the 2001 Mod been brought to the attention of the Council Auditors?” The Chairman replied as follows: “No the HIE report on Mod 2001 was commissioned by HIE on behalf of HIE”. Ship Owner can we have an assurance that this will not happen again.
		Mr Angus M Graham asked as a supplementary question “Given that almost all of the public expenditure for the 2001 Mod went into the coffers of the Norwegian Ship Owner can we have an assurance that this will not happen again?” The Chairman replied: “The Mod Company will be dealing with that. The Comhairle’s commitments to that was to underwrite £30k towards the cost of providing the cruise ship.” Mr Angus M Graham asked the Chairman: “Was a Business Plan in relation to the proposed expenditure for the 2005 Mod submitted prior to the Council’s decisions to allocate funding?” The Chairman replied: No Business Plan was submitted by An Comunn Gaidhealach prior to the Council's decision to allocate funding, but detailed discussions were held between the former Director of Finance, Robin Bennie, and An Comunn Gaidhealach prior to the bid made to the Ard Chomhairle to take the Mod back to the Western Isles in 2005. The Acting Director of Finance is quite satisfied that the funding allocated to the 2005 Mod has been provided in accordance with normal grant expenditure conditions.
		Mr Angus M Graham asked the Chairman: “Why does the expenditure for the 2005 Mod differ greatly from that required for the 2001 Mod?” The Chairman replied: “The Comhairle contributed £100k to the 2001 Mod including £50k towards the cost of a Cruise Ship and we have contributed £150k to the 2005 event. The local costs of staging the event have remained at £50k. The guarantee underwriting the boat at £25k was not called up in 2001 and the equivalent sum set aside this year is £30k.” Mr Angus M Graham asked as a supplementary question: “What did the Comhairle contribute towards the cost of a Cruise Ship in 2001?” The Chairman replied: “The Comhairle will contribute £150k towards the 2005 event. The local costs of staging the event have remained at £50k. The guarantee underwriting the boat at £25k was not called up in 2001 and the equivalent sum set aside this year is £30k.” Mr Angus M Graham asked a supplementary question: “Well all I can say is that according to the HIE Report the guarantee in respect of the Charter of the Cruise Ship was called for in 2001.” The Chairman replied: “The guarantee was conditional on receipts being produced, and equal payments being made by HIE and the Council that was not forthcoming and because of that we did not pay them.”

COMMITTEES

The Committee Decision Reports were submitted as undernoted. The Comhairle approved the recommendations in the Committee Decision Reports unless otherwise indicated:

(a) Arts and Leisure – 19 April 2005

(a1) Arts and Leisure – 26 April 2005 (reconvened meeting)

It was agreed that the recommendations from the Policy and Resources Committee Decision Report of 27 April 2005 be accepted, namely:

It was agreed to recommend that:

(a) the Comhairle support a maximum contribution of £729,841 to complete the new An Lanntair Arts Centre, financed through Prudential Borrowing and repaid from An Lanntair’s current revenue allocation and subject to the Comhairle securing an appropriate share of the asset;

(b) it be delegated to the Director of Corporate Services, in consultation with the Acting Director of Finance to re-negotiate the terms of An Lanntair’s factoring agreement with the Comhairle to reflect this contribution and protect the interests of the Comhairle in the changed circumstances taking account of:

(i) composition of the Board;

(ii) requirement of profitability of the trading company;

(iii) appropriate security granted to the Comhairle; and

(iv) granting of reversionary interest in the land to the Comhairle.

(c) that the Comhairle seek the right to have the Director of Finance or his nominee attend and participate in An Lanntair board meetings but not be appointed as a Director;

(d) that a report be submitted by the Director for Sustainable Communities to the next meeting of the appropriate Committee providing a list of organisations receiving revenue funding from the Comhairle and the amount of that funding and the organisations which provide services that the Comhairle uses but which do not receive any such funding; and

(e) that the Director of Finance, in consultation with the Chief Executive and Director for Sustainable Communities, be authorised to explore other funding methods; and

(f) that the Report to be considered by Arts and Leisure Committee in June 2005 following on from the Links Conference will also recognise the requirement for revenue funding for Comunn Eachdraidh and, if possible, identify sources of such funding and that the Report also be considered by Policy and Resources Committee.

(b) Housing Committee – 19 April 2005

Mr Donald Manford, seconded by Mr Alex A MacDonald, moved approval of the Transportation Committee Decision Report.

Mrs Morag Munro, seconded by Mr Martin C Taylor, moved, as an amendment, in relation to item 15 of the Transportation Committee Decision Report that “a speed limit of 40mph be implemented on the stretch of road from Huilm, which is the first house in Ardhasaig, and West Tarbert.”

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

(d) Social Work Committee – 20 April 2005

(e) Education and Children’s Services Committee – 20 April 2005

(f) Sustainable Development Committee – 20 April 2005

(g) Environmental Services Committee – 21 April 2005

Mr Angus Nicolson declared an interest in items 13 and 14 of the Environmental Services Committee Decision Report.

Mr Donald I Nicholson declared an interest in item 14 of the Environmental Services Committee Decision Report.

Mr Angus Nicolson, seconded by Mr Ian M Macleod, moved approval of the Environmental Services Committee Decision Report.

Mr Keith Dodson, seconded by Mrs Morag Munro, moved as an amendment, in relation to item 14 of the Environmental Services Committee Decision Report that “outline planning permission be for housing development only and subject to condition 1”.

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

(h) Commercial Operations Board – 25 April 2005

(i) Policy and Resources Committee – 27 April 2005

Mr Angus Campbell declared an interest in Item 7 of the Policy and Resources Committee Decision Report.

Mr Norman A Macdonald declared an interest in item 7, 8 and 26 of the Policy and Resources Committee Decision Report.

At item 51(c) of the Policy and Resources Committee Decision Report it was agreed to delete the words “An Lanntair” in the second line and replace with “Bayhead Bridge Centre”.

(j) Audit and Scrutiny Committee – 27 April 2005