Mco0002

COMHAIRLE NAN EILEAN SIAR

Minute of Meeting held in the Council Offices, Stornoway, on Tuesday 22 February 2000 at 7.00 pm

PRESENT

Mr Alexander A Macdonald (Chairman)

Mr Roderick J Murray (Vice-Chairman

Mr Donald I Nicholson

Mrs Katie M Mackenzie

Mr Norman M Macleod

Mr Malcolm J Macleod

Mr Donald J Macsween

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 Archibald K Campbell

Mr Ian M Macleod

Mr Donald Maclean

Mr George Lonie

Mr James L McArthur

Mr Angus Nicolson

Mrs Mary Bremner

Mr Norman L Macdonald

Mr Ronald J Mackinnon

Mr Alasdair G Macrae

Mr David Blaney

Mr Angus Campbell

Mr Donald Manford

Mr Philip R McLean

APOLOGIES

Mr Malcolm J Graham

Mr Donald Macdonald

Prayer

The Meeting was opened with Prayer led by Mr Finlay Morrison.

Tribute: Ms Rita MacDonald

The Chairman referred with sadness to the recent death of Ms Rita MacDonald who had been elected as Member for the Manor Park Ward in May 1999, and paid tribute to her work and abilities in representing her constituents. On behalf of the Comhairle, the Chairman conveyed condolences to Ms MacDonald's family in their sad loss.

Tribute: Mr Andrew Miller Mundy

The Chairman referred to the recent death of Mr Andrew Miller Mundy, who was the Councillor for the North Harris Area from 1974 to 1978 and, on behalf of the Comhairle, extended sympathy and condolences to Mr Miller Mundy's family in their sad loss.

Tribute: Mr John Macleod

The Chairman referred to the recent death of Mr John Macleod, who had been a Member of the Stornoway Town Council and had also served on Ross and Cromarty County Council, and, on behalf of the Comhairle, extended sympathy and condolences to Mr Macleod's family in their sad loss.

Tribute: Mr Neil R Galbraith

The Chairman referred to Mr Neil R Galbraith, Acting Chief Executive, who had been awarded an honorary doctorate from the Open University in recognition of his services to Education and, on behalf of the Comhairle, congratulated Mr Galbraith on this award.

Tribute: Mrs Murdina Murray

On behalf of the Comhairle, the Chairman extended congratulations and best wishes to Mrs Murdina Murray, Plasterfield, who had attained her 100^thbirthday on 11 February 2000.

Tribute: Mr Angus Campbell

On behalf of the Comhairle, the Chairman extended congratulations and best wishes to Mr Angus Campbell, originally from Frobost and now residing in Uist House who had attained his 100^thbirthday on 14 February 2000.

Tribute: Mr John M Macdonald

The Chairman referred to Mr John M Macdonald who had been awarded an MBE in the New Year's Honours List for services to the Fire Brigade and, on behalf of the Comhairle, congratulated Mr Macdonald on this recognition.

Tribute: Lord Carloway

The Chairman referred to Mr Colin Sutherland QC who had recently been appointed to the Bench and had chosen as his title Lord Carloway and, on behalf of the Comhairle, extended congratulations to Lord Carloway on his appointment.

MINUTES

Comhairle

6

The Minute of Meeting of 20 December 1999 was approved.

QUESTIONS

Questions Appointment of Director of Education

7

Mr Angus M Graham asked the Chairman when do the Council intend to appoint a Director of Education.

The Chairman stated that at the present time, the Comhairle is unable to advertise the post of Director of Education and Leisure Services. In terms of an agreement drawn up by the previous Chief Executive, the Acting Chief Executive has been seconded from his post of Director of Education and Leisure Services in an acting capacity until 23 May 2000 or such longer period as the Comhairle might determine. He, therefore, retains the substantive post of Director and it would be inappropriate to advertise that post until he has given a clear indication of his future intentions.

Mr Angus M Graham asked as a supplementary question if the Acting Chief Executive's terms of appointment accorded with the decision of the Comhairle of 23 March 1999.

The Chairman replied that notwithstanding that the decision of the Comhairle of 23 March 1999 was that the Director of Education and Leisure Services be appointed Chief Executive on a temporary basis, he was advised that the offer of a period of secondment made by the former Chief Executive was binding on the Comhairle.

COMMITTEES

Committees

8

The Minutes and Reports of Committees were submitted as follows which were, unless otherwise indicated, noted with regard to delegated functions and approved with regard to referred functions, except where they had already been dealt with by the Comhairle:

Arts and Leisure Committee

(1) Minute of Meeting of 1 February 2000

In respect of Item 12 of the Minute, it was agreed that the Acting Director of Education and Leisure Services be authorised to install a security door at the entrance to the soft play area in the Nicolson-Lewis Sports Centre.

Housing Committee

(2) Minute of Meeting of 1 February 2000, subject to recommendation (2) of Item 6 of the Minute being amended to read as follows:

"(2) provision for the Estate Handyman service be removed from the Housing Revenue Account to the General Fund on the basis that expenditure incurred in respect of the Housing Revenue Account be charged to that account."

Education Committee

(3) Minute of Meeting of 1 February 2000.

Environmental Services Committee

(4) Minute of Meeting of 2 February 2000.

Transportation Committee

(5) Minute of Meeting of 2 February 2000, subject to the following amendment to Item 11:

That:

(a) the single adult and senior citizen fares on the Eriskay ferry services, together with the cost for parcels/bicycles remain static for a further year; and

(b) the single fare for cycles on the Sound of Eriskay Ferry Service (RIB Service) be set at £2.00."

Development Services

(6) Minute of Meeting of 2 February 2000;

Social Work Committee

(7) (a) Minute of Meeting of 3 February 2000; and

(b) In respect of the Meeting of Social Work Committee of 16 February 2000, adjourned to 22 February 2000, the Chairman of the Committee reported that the Committee had concurred with the recommendations of the Policy and Resources Committee in respect of the Social Work Budget.

Contract Services Committee

(8) Minute of Meeting of 3 February 2000.

Policy and Resources Committee

(9) Report of Meeting of 22 February 2000.

NOTICES OF MOTION

Notice of Motion: Review of Appointment under the terms of Standing Order 13

9

The following were submitted:

(1) Report by the Director of Corporate Services regarding a Notice of Motion to review the appointment of the Chairman and Vice-Chairman of the Transportation Committee. It was noted that following delivery of the Notice of Motion, the Vice-Chairman of the Committee had resigned his office and it was indicated that the Notice of Motion now referred solely to the office of Chairman of the Transportation Committee. An outline of the procedures recommended by the Policy and Resources Committee at its meeting on 22 February 2000 and subsequently approved by the Council was set out in the Report; and

(2) a Notice of Motion in the following terms:

"In terms of Standing Order 13, we, the undersigned call for the appointment of the Chair and Vice-Chair of the Transportation Committee to be reviewed, and we wish this matter to be considered at the next ordinary meeting of the Comhairle."

The Notice of Motion had been signed by 24 Members of the Comhairle.

The Chairman invited Mr Angus Nicolson and Mr Ian M Macleod as the first two signatories of the Notice of Motion to set out the reasons resulting in the Notion of Motion being submitted. Mr Nicolson and Mr Macleod outlined the reasons for the submission of the Notice of Motion.

The Chairman invited Mr Angus M Graham, Chairman of the Transportation Committee, to reply to the statements by Mr Nicolson and Mr Macleod. Mr Graham indicated that he had no comment at that stage.

The opportunity was afforded to Members of the Comhairle to raise further questions and issues related to the Notice of Motion. The opportunity was also afforded to Mr Angus M Graham to reply to the questions and issues raised.

At the conclusion of discussion, the Chairman invited formal Motions arising out of the Notice of Motion.

Mr Angus Nicolson, seconded by Mr Ian M Macleod, moved the suspension of Standing Order 67, Standing Order 13 and paragraph 10 (f) of the Scheme of Administration.

On the matter being put to the vote, the Motion received the consent of two-thirds of the Members present as required by Standing Order 69 and became the finding of the meeting.

Mr Angus Nicolson, seconded by Mr Ian M Macleod, moved as follows:

"Councillor Graham has breached Standing Orders, specifically the National Code of Conduct, numbers 24 and 26, which read in part:

"Mutual respect between Councillors and Officers is essential to good local government."

"You should never disclose or use confidential information for the personal advantage of yourself or of anyone known to you, or to the disadvantage or the discredit of the Council or anyone else."

For these reasons, I would move that the Comhairle remove Councillor Graham from the position of Chair of the Transportation Committee."

No amendment having been moved, the Motion became the finding of the meeting.

Arising out of consideration of this issue, Mr Angus Nicolson, seconded by Mr Ian M Macleod, moved that Standing order 7 be suspended to enable the Director of Corporate Services, in consultation with the Chairman, to call an immediate meeting of the Transportation Committee for the purpose of appointing a Chairman and Vice-Chairman of the Committee.

On the matter being put to the vote, the Motion failed to receive the consent of two-thirds of the Members present as required by Standing Order 69.

Appointment of Director of Education

10

In accordance with the terms of Standing Order 38, Mr Angus M Graham, seconded by Mr Donald J Macsween, submitted a written Notice of Motion in the following terms:

"That a Report be brought to the next series of meetings which should explore the possibility of appointing a Director of Education."

It was agreed that in accordance with Standing Order 29, the Notice of Motion be remitted for consideration to the next ordinary meeting of the Policy and Resources Committee, or of the Comhairle, whichever was considered most appropriate by the Director of Corporate Services in consultation with the Chairman.

PRESENT	Mr Alexander A Macdonald (Chairman)
	Mr Roderick J Murray (Vice-Chairman	Mr Donald I Nicholson
	Mrs Katie M Mackenzie	Mr Norman M Macleod
	Mr Malcolm J Macleod	Mr Donald J Macsween
	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 Archibald K Campbell
	Mr Ian M Macleod	Mr Donald Maclean
	Mr George Lonie	Mr James L McArthur
	Mr Angus Nicolson	Mrs Mary Bremner
	Mr Norman L Macdonald	Mr Ronald J Mackinnon
	Mr Alasdair G Macrae	Mr David Blaney
	Mr Angus Campbell	Mr Donald Manford
	Mr Philip R McLean

APOLOGIES	Mr Malcolm J Graham	Mr Donald Macdonald

Prayer		The Meeting was opened with Prayer led by Mr Finlay Morrison.
Tribute: Ms Rita MacDonald		The Chairman referred with sadness to the recent death of Ms Rita MacDonald who had been elected as Member for the Manor Park Ward in May 1999, and paid tribute to her work and abilities in representing her constituents. On behalf of the Comhairle, the Chairman conveyed condolences to Ms MacDonald's family in their sad loss.
Tribute: Mr Andrew Miller Mundy		The Chairman referred to the recent death of Mr Andrew Miller Mundy, who was the Councillor for the North Harris Area from 1974 to 1978 and, on behalf of the Comhairle, extended sympathy and condolences to Mr Miller Mundy's family in their sad loss.
Tribute: Mr John Macleod		The Chairman referred to the recent death of Mr John Macleod, who had been a Member of the Stornoway Town Council and had also served on Ross and Cromarty County Council, and, on behalf of the Comhairle, extended sympathy and condolences to Mr Macleod's family in their sad loss.
Tribute: Mr Neil R Galbraith		The Chairman referred to Mr Neil R Galbraith, Acting Chief Executive, who had been awarded an honorary doctorate from the Open University in recognition of his services to Education and, on behalf of the Comhairle, congratulated Mr Galbraith on this award.
Tribute: Mrs Murdina Murray		On behalf of the Comhairle, the Chairman extended congratulations and best wishes to Mrs Murdina Murray, Plasterfield, who had attained her 100^thbirthday on 11 February 2000.

Tribute: Mr Angus Campbell		On behalf of the Comhairle, the Chairman extended congratulations and best wishes to Mr Angus Campbell, originally from Frobost and now residing in Uist House who had attained his 100^thbirthday on 14 February 2000.
Tribute: Mr John M Macdonald		The Chairman referred to Mr John M Macdonald who had been awarded an MBE in the New Year's Honours List for services to the Fire Brigade and, on behalf of the Comhairle, congratulated Mr Macdonald on this recognition.
Tribute: Lord Carloway		The Chairman referred to Mr Colin Sutherland QC who had recently been appointed to the Bench and had chosen as his title Lord Carloway and, on behalf of the Comhairle, extended congratulations to Lord Carloway on his appointment.

		MINUTES
Comhairle	6	The Minute of Meeting of 20 December 1999 was approved. QUESTIONS
Questions Appointment of Director of Education	7	Mr Angus M Graham asked the Chairman when do the Council intend to appoint a Director of Education. The Chairman stated that at the present time, the Comhairle is unable to advertise the post of Director of Education and Leisure Services. In terms of an agreement drawn up by the previous Chief Executive, the Acting Chief Executive has been seconded from his post of Director of Education and Leisure Services in an acting capacity until 23 May 2000 or such longer period as the Comhairle might determine. He, therefore, retains the substantive post of Director and it would be inappropriate to advertise that post until he has given a clear indication of his future intentions.
		Mr Angus M Graham asked as a supplementary question if the Acting Chief Executive's terms of appointment accorded with the decision of the Comhairle of 23 March 1999.
		The Chairman replied that notwithstanding that the decision of the Comhairle of 23 March 1999 was that the Director of Education and Leisure Services be appointed Chief Executive on a temporary basis, he was advised that the offer of a period of secondment made by the former Chief Executive was binding on the Comhairle.
		COMMITTEES
Committees	8	The Minutes and Reports of Committees were submitted as follows which were, unless otherwise indicated, noted with regard to delegated functions and approved with regard to referred functions, except where they had already been dealt with by the Comhairle:
Arts and Leisure Committee		(1) Minute of Meeting of 1 February 2000 In respect of Item 12 of the Minute, it was agreed that the Acting Director of Education and Leisure Services be authorised to install a security door at the entrance to the soft play area in the Nicolson-Lewis Sports Centre.
Housing Committee		(2) Minute of Meeting of 1 February 2000, subject to recommendation (2) of Item 6 of the Minute being amended to read as follows:
		"(2) provision for the Estate Handyman service be removed from the Housing Revenue Account to the General Fund on the basis that expenditure incurred in respect of the Housing Revenue Account be charged to that account."
Education Committee		(3) Minute of Meeting of 1 February 2000.
Environmental Services Committee		(4) Minute of Meeting of 2 February 2000.
Transportation Committee		(5) Minute of Meeting of 2 February 2000, subject to the following amendment to Item 11: That:
		(a) the single adult and senior citizen fares on the Eriskay ferry services, together with the cost for parcels/bicycles remain static for a further year; and (b) the single fare for cycles on the Sound of Eriskay Ferry Service (RIB Service) be set at £2.00."
Development Services		(6) Minute of Meeting of 2 February 2000;
Social Work Committee		(7) (a) Minute of Meeting of 3 February 2000; and (b) In respect of the Meeting of Social Work Committee of 16 February 2000, adjourned to 22 February 2000, the Chairman of the Committee reported that the Committee had concurred with the recommendations of the Policy and Resources Committee in respect of the Social Work Budget.
Contract Services Committee		(8) Minute of Meeting of 3 February 2000.
Policy and Resources Committee		(9) Report of Meeting of 22 February 2000.
		NOTICES OF MOTION
Notice of Motion: Review of Appointment under the terms of Standing Order 13	9	The following were submitted: (1) Report by the Director of Corporate Services regarding a Notice of Motion to review the appointment of the Chairman and Vice-Chairman of the Transportation Committee. It was noted that following delivery of the Notice of Motion, the Vice-Chairman of the Committee had resigned his office and it was indicated that the Notice of Motion now referred solely to the office of Chairman of the Transportation Committee. An outline of the procedures recommended by the Policy and Resources Committee at its meeting on 22 February 2000 and subsequently approved by the Council was set out in the Report; and
		(2) a Notice of Motion in the following terms:
		"In terms of Standing Order 13, we, the undersigned call for the appointment of the Chair and Vice-Chair of the Transportation Committee to be reviewed, and we wish this matter to be considered at the next ordinary meeting of the Comhairle."
		The Notice of Motion had been signed by 24 Members of the Comhairle. The Chairman invited Mr Angus Nicolson and Mr Ian M Macleod as the first two signatories of the Notice of Motion to set out the reasons resulting in the Notion of Motion being submitted. Mr Nicolson and Mr Macleod outlined the reasons for the submission of the Notice of Motion.
		The Chairman invited Mr Angus M Graham, Chairman of the Transportation Committee, to reply to the statements by Mr Nicolson and Mr Macleod. Mr Graham indicated that he had no comment at that stage.
		The opportunity was afforded to Members of the Comhairle to raise further questions and issues related to the Notice of Motion. The opportunity was also afforded to Mr Angus M Graham to reply to the questions and issues raised.
		At the conclusion of discussion, the Chairman invited formal Motions arising out of the Notice of Motion.
		Mr Angus Nicolson, seconded by Mr Ian M Macleod, moved the suspension of Standing Order 67, Standing Order 13 and paragraph 10 (f) of the Scheme of Administration.
		On the matter being put to the vote, the Motion received the consent of two-thirds of the Members present as required by Standing Order 69 and became the finding of the meeting.
		Mr Angus Nicolson, seconded by Mr Ian M Macleod, moved as follows:
		"Councillor Graham has breached Standing Orders, specifically the National Code of Conduct, numbers 24 and 26, which read in part:
		"Mutual respect between Councillors and Officers is essential to good local government."
		"You should never disclose or use confidential information for the personal advantage of yourself or of anyone known to you, or to the disadvantage or the discredit of the Council or anyone else."
		For these reasons, I would move that the Comhairle remove Councillor Graham from the position of Chair of the Transportation Committee."
		No amendment having been moved, the Motion became the finding of the meeting.
		Arising out of consideration of this issue, Mr Angus Nicolson, seconded by Mr Ian M Macleod, moved that Standing order 7 be suspended to enable the Director of Corporate Services, in consultation with the Chairman, to call an immediate meeting of the Transportation Committee for the purpose of appointing a Chairman and Vice-Chairman of the Committee.
		On the matter being put to the vote, the Motion failed to receive the consent of two-thirds of the Members present as required by Standing Order 69.
Appointment of Director of Education	10	In accordance with the terms of Standing Order 38, Mr Angus M Graham, seconded by Mr Donald J Macsween, submitted a written Notice of Motion in the following terms: "That a Report be brought to the next series of meetings which should explore the possibility of appointing a Director of Education."
		It was agreed that in accordance with Standing Order 29, the Notice of Motion be remitted for consideration to the next ordinary meeting of the Policy and Resources Committee, or of the Comhairle, whichever was considered most appropriate by the Director of Corporate Services in consultation with the Chairman.