Mco00021

COMHAIRLE NAN EILEAN SIAR

Minute of Meeting held in the Council Offices, Stornoway, on Monday 21 February 2000 at 6.30 pm

PRESENT

Mr Alex A MacDonald (Chairman)

Mr Roderick J Murray (Vice-Chairman)

Mr Philip R McLean

Mrs Katie M Mackenzie

Mr Norman M Macleod

Mr Iain Morrison

Mr Donald J Macsween

Mr Roderick Morrison

Mr Finlay Morrison

Mr Norman A Macdonald

Mr Donald M Mackay

Mr Angus M Graham

Mrs Morag Munro

Mr Ian M Macleod

Mr Archibald K Campbell

Mr George Lonie

Mr Donald Maclean

Mr Angus Nicolson

Mr James L McArthur

Mr Norman L Macdonald

Mr Ronald J Mackinnon

Mr Alasdair G Macrae

Mr David Blaney

Mr Angus Campbell

Mr Donald Manford

Apologies

Mr Malcolm J Graham

Mrs Mary Bremner

Mr Donald Macdonald

Prayer

The meeting was opened with prayer led by Mr Norman M Macleod.

INVESTIGATION

It was recommended that the public including the press, be excluded from the meeting during consideration of the following Item on the grounds that exempt information in terms of Schedule 7A of the Local Government (Scotland) Act 1973 would be disclosed.

Mr Donald J Macsween, seconded by Mr Angus M Graham, moved that the public, including the press, be not excluded from the meeting during consideration of the following Item.

Mr Alex A MacDonald, seconded by Mr James L McArthur, moved as an amendment that the public, including the press, be excluded from the meeting during consideration of the following Item.

Mr Angus M Graham, seconded by Mr Donald J Macsween, moved that the vote be taken by roll call.

Mr Norman L Macdonald, seconded by Mr Angus Nicolson, moved that the vote be taken by ballot.

Mr Angus M Graham, seconded by Mr Donald J Macsween, moved that the vote to determine the method of voting be taken by roll call.

Mr Norman L Macdonald, seconded by Mr Angus Nicolson, moved as an amendment that the vote to determine the method of voting be taken by ballot.

On a vote being taken on the method of determining the method of voting, the amendment received the majority of votes cast and became the finding of the meeting.

On a vote being taken by ballot to determine the method of voting of the substantive motion, votes were cast as follows:

Motion - 2 votes

Amendment - 23 votes

The Chairman declared the amendment carried and this became the finding of the meeting.

Mr Donald J Macsween and Mr Angus M Graham withdrew the motion that the public, including the press, be not excluded from the meeting during consideration of the following Item.

It was agreed that the public, including the press, be excluded from the meeting during consideration of the following Item on the grounds that exempt information in terms of Schedule 7A of the Local Government (Scotland) Act 1973 as defined in Standing Order 26 (a) would be disclosed, namely, information relating to a particular employee, former employee, or applicant to become an employee of, or a particular office-holder, or former office-holder, or applicant to become an office-holder under the Comhairle.

INVESTIGATION

Housing Grants at "Borva", Newpark, Laxdale, Isle of Lewis: Resurfacing Works at "Borva", Newpark, Laxdale, Isle of Lewis: Resurfacing Works at Sand Street, Stornoway, Isle of Lewis

5

The Monitoring Officer submitted a Report regarding breaches of the Comhairle's Scheme of Delegation. The role of the Monitoring Officer was outlined in the Report. It was stated that the Report and the investigation undertaken by the Monitoring Officer were concerned solely with establishing whether any Member or Officer of the Comhairle had broken any law or breached any Code of Practice established under an Act of Parliament. For the purposes of the Report, the Code of Practice referred to was the Comhairle's Scheme of Delegation. It was concluded that there had been breaches by Heads of Service within the Comhairle but that such breaches had occurred due to a lack of procedures to identify cases where it was inappropriate to exercise delegated powers and to a misapprehension as to the application of the Scheme of Delegation to certain matters. It was stated that the Monitoring Officer was satisfied that no officer of the Comhairle had breached the Scheme of Delegation for the purpose of circumventing its provisions or for personal gain.

After detailed consideration of the report, it was agreed:

(1) to note that the Scheme of Delegation was breached by the Director of Technical Services in carrying out resurfacing works at Sand Street, Stornoway, which involved a senior officer of the Comhairle under delegated powers;

(2) to note that the Scheme of Delegation was breached by the Director of Technical Services in carrying out resurfacing in the vicinity of "Borva", Newpark, Laxdale, Isle of Lewis, which involved the father of a senior officer of the Comhairle under delegated powers;

(3) to note that the Comhairle's Scheme of delegation was breached by the Director of Environmental Services in July 1994 when he approved an application for a Repairs Grant in relation to an application from the father of a senior officer of the Comhairle under delegated powers;

(4) to note that the Comhairle's Scheme of Delegation was breached by the Acting Director of Environmental Services in July 1999 when he approved an application for an Improvement Grant for a disabled occupant from the father of a senior officer of the Comhairle under delegated powers;

(5) to note that the Comhairle's Scheme of Delegation was breached by the Acting Director of Environmental Services in July 1999 when he approved an application for a Building Warrant for a disabled occupant from the father of a senior officer of the Comhairle under delegated powers;

(6) to note that the Comhairle has breached the Data Protection Act by using data for which it has no register entry;

(7) to require any applicant for financial assistance from the Comhairle which is not exempted in terms of paragraph 5 (i) of the Safeguards Section of the Scheme of Delegation to complete a form indicating whether they have any relationship with any Member or Officer of the Comhairle in terms of paragraph 5 (i);

(8) that, as part of the Best Value Review of Housing Grants, the Acting Director of Environmental Services review the Comhairle's relationship with Western Isles Care and Repair and consider the introduction of a contract with Western Isles Care and Repair outlining respective rights and obligations and, in particular, ensuring that officers of Western Isles Care and Repair would receive the same training in the Comhairle's Scheme of Delegation as officers within the Comhairle;

(9) that, as part of the ongoing review of the Constitutional Documents, Members consider the terms of paragraph of 5 (i) and whether they felt that further exceptions from the application of this paragraph would be appropriate;

(10) that all Heads of Service should make the relevant officers in their Departments aware of the terms of paragraph 5 (i) of the Safeguards Section of the Scheme of Delegation and its impact on the exercise of delegated powers;

(11) that an urgent audit be undertaken of each Department's Data Protection Registration by all Heads of Service to ensure that the Data Protection Registration accurately reflected the data held and used by that Department and allowed access to that data by appropriate persons; and

(12) that the Director of Corporate Services institute a training programme for all officers of the Comhairle in relation to:

(a) the Scheme of Delegation; and

(b) the Data Protection Act.

and that training in these matters become a part of the induction course for new officers of the Comhairle.

Arising out of consideration of this matter, it was further agreed that the Monitoring Officer's Report and recommendations, together with all other papers, relating to the issues addressed within the Report, be forwarded to KPMG, the Comhairle's External Auditors, for investigation as part of their final Report to the Comhairle for 1999/2000

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PRESENT	Mr Alex A MacDonald (Chairman)
	Mr Roderick J Murray (Vice-Chairman)	Mr Philip R McLean
	Mrs Katie M Mackenzie	Mr Norman M Macleod
	Mr Iain Morrison	Mr Donald J Macsween
	Mr Roderick Morrison	Mr Finlay Morrison
	Mr Norman A Macdonald	Mr Donald M Mackay
	Mr Angus M Graham	Mrs Morag Munro
	Mr Ian M Macleod	Mr Archibald K Campbell
	Mr George Lonie	Mr Donald Maclean
	Mr Angus Nicolson	Mr James L McArthur
	Mr Norman L Macdonald	Mr Ronald J Mackinnon
	Mr Alasdair G Macrae	Mr David Blaney
	Mr Angus Campbell	Mr Donald Manford

Apologies	Mr Malcolm J Graham	Mrs Mary Bremner
	Mr Donald Macdonald

Prayer		The meeting was opened with prayer led by Mr Norman M Macleod.
		INVESTIGATION
		It was recommended that the public including the press, be excluded from the meeting during consideration of the following Item on the grounds that exempt information in terms of Schedule 7A of the Local Government (Scotland) Act 1973 would be disclosed.
		Mr Donald J Macsween, seconded by Mr Angus M Graham, moved that the public, including the press, be not excluded from the meeting during consideration of the following Item.
		Mr Alex A MacDonald, seconded by Mr James L McArthur, moved as an amendment that the public, including the press, be excluded from the meeting during consideration of the following Item.
		Mr Angus M Graham, seconded by Mr Donald J Macsween, moved that the vote be taken by roll call.
		Mr Norman L Macdonald, seconded by Mr Angus Nicolson, moved that the vote be taken by ballot.
		Mr Angus M Graham, seconded by Mr Donald J Macsween, moved that the vote to determine the method of voting be taken by roll call.
		Mr Norman L Macdonald, seconded by Mr Angus Nicolson, moved as an amendment that the vote to determine the method of voting be taken by ballot.
		On a vote being taken on the method of determining the method of voting, the amendment received the majority of votes cast and became the finding of the meeting.
		On a vote being taken by ballot to determine the method of voting of the substantive motion, votes were cast as follows:
		Motion - 2 votes Amendment - 23 votes
		The Chairman declared the amendment carried and this became the finding of the meeting.
		Mr Donald J Macsween and Mr Angus M Graham withdrew the motion that the public, including the press, be not excluded from the meeting during consideration of the following Item.
		It was agreed that the public, including the press, be excluded from the meeting during consideration of the following Item on the grounds that exempt information in terms of Schedule 7A of the Local Government (Scotland) Act 1973 as defined in Standing Order 26 (a) would be disclosed, namely, information relating to a particular employee, former employee, or applicant to become an employee of, or a particular office-holder, or former office-holder, or applicant to become an office-holder under the Comhairle.
		INVESTIGATION
Housing Grants at "Borva", Newpark, Laxdale, Isle of Lewis: Resurfacing Works at "Borva", Newpark, Laxdale, Isle of Lewis: Resurfacing Works at Sand Street, Stornoway, Isle of Lewis	5	The Monitoring Officer submitted a Report regarding breaches of the Comhairle's Scheme of Delegation. The role of the Monitoring Officer was outlined in the Report. It was stated that the Report and the investigation undertaken by the Monitoring Officer were concerned solely with establishing whether any Member or Officer of the Comhairle had broken any law or breached any Code of Practice established under an Act of Parliament. For the purposes of the Report, the Code of Practice referred to was the Comhairle's Scheme of Delegation. It was concluded that there had been breaches by Heads of Service within the Comhairle but that such breaches had occurred due to a lack of procedures to identify cases where it was inappropriate to exercise delegated powers and to a misapprehension as to the application of the Scheme of Delegation to certain matters. It was stated that the Monitoring Officer was satisfied that no officer of the Comhairle had breached the Scheme of Delegation for the purpose of circumventing its provisions or for personal gain. After detailed consideration of the report, it was agreed:
		(1) to note that the Scheme of Delegation was breached by the Director of Technical Services in carrying out resurfacing works at Sand Street, Stornoway, which involved a senior officer of the Comhairle under delegated powers;
		(2) to note that the Scheme of Delegation was breached by the Director of Technical Services in carrying out resurfacing in the vicinity of "Borva", Newpark, Laxdale, Isle of Lewis, which involved the father of a senior officer of the Comhairle under delegated powers;
		(3) to note that the Comhairle's Scheme of delegation was breached by the Director of Environmental Services in July 1994 when he approved an application for a Repairs Grant in relation to an application from the father of a senior officer of the Comhairle under delegated powers;
		(4) to note that the Comhairle's Scheme of Delegation was breached by the Acting Director of Environmental Services in July 1999 when he approved an application for an Improvement Grant for a disabled occupant from the father of a senior officer of the Comhairle under delegated powers;
		(5) to note that the Comhairle's Scheme of Delegation was breached by the Acting Director of Environmental Services in July 1999 when he approved an application for a Building Warrant for a disabled occupant from the father of a senior officer of the Comhairle under delegated powers;
		(6) to note that the Comhairle has breached the Data Protection Act by using data for which it has no register entry;
		(7) to require any applicant for financial assistance from the Comhairle which is not exempted in terms of paragraph 5 (i) of the Safeguards Section of the Scheme of Delegation to complete a form indicating whether they have any relationship with any Member or Officer of the Comhairle in terms of paragraph 5 (i);
		(8) that, as part of the Best Value Review of Housing Grants, the Acting Director of Environmental Services review the Comhairle's relationship with Western Isles Care and Repair and consider the introduction of a contract with Western Isles Care and Repair outlining respective rights and obligations and, in particular, ensuring that officers of Western Isles Care and Repair would receive the same training in the Comhairle's Scheme of Delegation as officers within the Comhairle;
		(9) that, as part of the ongoing review of the Constitutional Documents, Members consider the terms of paragraph of 5 (i) and whether they felt that further exceptions from the application of this paragraph would be appropriate;
		(10) that all Heads of Service should make the relevant officers in their Departments aware of the terms of paragraph 5 (i) of the Safeguards Section of the Scheme of Delegation and its impact on the exercise of delegated powers;
		(11) that an urgent audit be undertaken of each Department's Data Protection Registration by all Heads of Service to ensure that the Data Protection Registration accurately reflected the data held and used by that Department and allowed access to that data by appropriate persons; and
		(12) that the Director of Corporate Services institute a training programme for all officers of the Comhairle in relation to:
		(a) the Scheme of Delegation; and

		(b) the Data Protection Act.
		and that training in these matters become a part of the induction course for new officers of the Comhairle.
		Arising out of consideration of this matter, it was further agreed that the Monitoring Officer's Report and recommendations, together with all other papers, relating to the issues addressed within the Report, be forwarded to KPMG, the Comhairle's External Auditors, for investigation as part of their final Report to the Comhairle for 1999/2000

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