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COMHAIRLE NAN EILEAN SIAR |

Minute of Meeting held in the Council Offices, Stornoway, on Tuesday 11 April 2006 at 2.15 pm
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PRESENT |
Mr Alex A MacDonald (Convener) |
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Mr Angus Campbell (Vice-Convener) |
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Mr John Mackay |
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Mr Iain Morrison |
Mr Donald J Macsween |
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Mr Angus M Graham |
Mr Alexander M Mackintosh |
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Mr Malcolm J Graham |
Mrs Annie Macdonald |
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Mr George Lonie |
Mrs Morag Munro |
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Mr Angus Nicolson |
Mr Archie K Campbell |
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Mr Murdo Macleod |
Mr Donald Maclean |
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Mr Norman L Macdonald |
Mr Martin C Taylor |
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Mr Keith Dodson |
Mr Peter Carlin |
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Mr Angus McCormack |
Mr Ronald J Mackinnon |
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Mr Donald I Nicholson |
Mr Angus Macdonald |
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Mr Norman M Macleod |
Mr Donald Manford |
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APOLOGIES |
Mr Ian M Macleod |
Mr Norman A Macdonald |
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Mr Donald Macdonald |
Mr Neil Campbell |
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1 |
There were no declarations of interest |
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QUESTIONS
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Written Questions to the Convener and the Chairman of Committees |
2 |
Mrs Morag Munro asked the Convener of the Comhairle the following question.
Does the Comhairle have a policy regarding the roles and responsibilities of Members who are appointed by the Comhairle to external agencies other than Limited Companies for example to Advisory Committees and are they required to represent the views of the Comhairle at that Committee or are they free to put forward their own views even if those views are contrary to Comhairle policy?
The Convener of the Comhairle responded as follows:
The Comhairle does not have a policy regarding the roles and responsibilities of Members who are appointed by the Comhairle to external bodies. The Comhairle issued guidance to Members and Officers in 2002 on the role, duties and liabilities of Members sitting on external bodies, however the guidance note focused mainly on the role of Members or Officers sitting on external bodies such as Companies and emphasised the legal obligations owed by Directors of Companies.
Mr Donald Manford asked the Convener of the Comhairle the following question.
I refer to the recent Scottish Natural Heritage Consultation on Marine National Parks for which the deadline for responses was 31 March 2006. Does the Convener know what consideration SNH was able to give to our representation and what part our representation could play in their assessment given that its views were submitted to the Minister on 24 March 2006?
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The Convener of the Comhairle responded as follows:
My answer to that is No I could not. I don’t know what consideration SNH were able to give but I am prepared to look into it given time.
Mr Manford responded as follows:
I am happy to give that time and happy with your response Convener.
There followed a supplementary question from Mr Manford.
In light of this apparent sham of a consultation and the contemptible disregard for those elected by the community by those who are unaccountable to it, could you express to the Minister the difficulty in having trust and respect for such organisations. Indeed if the Minister is unable to distance himself from this apparent determination to dismantle democracy he must be considered to support it.
The Convener of the Comhairle responded as follows:
Yes, I shall express our concerns to the Minister.
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COMMITTEES
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Committee Decision Reports |
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The Committee Decision Reports were submitted as undernoted. The Comhairle approved the recommendations in the Committee Decision reports as follows
Environmental Services Committee – 11 April 2006
Sustainable Development Committee – 11 April 2006
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NOTICE OF MOTION
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The following Notice of Motion was proposed by Mrs Morag Munro and seconded by Norman L Macdonald
The Chief Executive be requested to submit a Report to the next meeting of the appropriate Committee detailing the role, duties and responsibilities of Members who are appointed by the Comhairle to external agencies other than Limited Companies with particular reference to matters on which the Comhairle has stated a policy or position.
Mr Angus Graham seconded by Mr Donald J Macsween moved as an amendment that the Comhairle adhere to the previous advice given which advice was in line with the guidance given by the Standards Commission for Scotland.
On the matter being put to the vote the amendment received the majority of the votes cast and become the finding of the meeting.
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The Chairman ruled that, in accordance with the provision of Section 50(B)4 of the Local Government (Scotland) Act 1973 as amended, that the following matter be considered as a matter of urgency in order to allow the Comhairle to take a view on the matter prior to its next scheduled meeting.
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Special Purpose Vehicle |
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A Report was submitted by the Director of Corporate Services regarding the establishment of a Special Purpose Vehicle in relation to the progression of the Schools PPP Project.
The Report stated that the formal offer of conditional support had been received from the Scottish Executive on 3 April 2006. The offer imposed certain conditions. No difficulty was anticipated in complying with the conditions other than in relation to the timescale for the appointment of the Private Sector Partner. This would be discussed with the Scottish Executive at the Project Board meeting on 12 April 2006.
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The Report stated that the letter did, however, indicate that the SPV should be established sooner than had been envisaged in the Comhairle’s project timetable. Indeed the first Key Stage Review would be “prior to the final documentation and Board appointments relating to the establishment of the Managing Company”. It was therefore proposed that the Comhairle make the decisions required to enable the Managing Company/SPV to be formally established and fully involved in the project immediately following the successful conclusion of the first Key Stage Review.
It was agreed that:
(1) the Director of Corporate Services be authorised to prepare the documentation in relation a Special Purpose Vehicle in relation to the Schools PPP Project and to establish the company when approved by the Scottish Executive;
(2) the Chair and Vice-Chair of the Policy and Resources Committee be appointed as Directors of the SPV when it has been established and that they remain members of the Project Board until that time; and
(3) a Seminar would be held within the next few weeks to provide details of the Schools PPP Project in general and the hybrid model in particular and that a further Report would be considered in relation to the Special Purpose Vehicle at the next scheduled series of meetings.
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