COMHAIRLE NAN EILEAN SIAR

POLICY AND RESOURCES COMMITTEE

Minute of Meeting held in the Council Offices, Stornoway, on Thursday 30 March 2006 at 9.30am

PRESENT	Mr Angus Campbell (Chairman)
	Mr Alexander A MacDonald	Mrs Morag Munro
	Mr Malcolm J Graham	Mr Archie K Campbell
	Mr Norman L Macdonald	Mr Donald Maclean
	Mr Angus Nicolson	Mr Donald Manford

APOLOGIES	Mr Norman A MacDonald (Vice-Chairman)	Mr Roddy Morrison

Scottish Renewable Forum Conference

The Chairman referred to his attendance at the Scottish Renewable Forum Conference on 20 and 21 March 2006 and advised that it had been stated that Government Emission Targets were not going to be met, and that they were indeed rising as projected up to the year 2050.

The Chairman reiterated the islands’ potential role in relation to addressing this issue and that, in order to meet the targets, it was crucial that the Government address the interconnections and grid facilities for the Western Isles.

It was agreed

(a) that the Chairman would write to Mr Angus B MacNeil, MP seeking to establish his views regarding the interconnector; and

(b) that a Report be submitted back to the next meeting of the appropriate Committee in relation to these issues.

Salmon Industry

The Chairman advised that he had written expressing his concern to the Office of Fair Trading and the Competition Commissioners about recent developments in relation to the salmon industry in the Western Isles

Aquaculture

The Chairman also stated that the Comhairle have received a request from the Scottish Executive to administer a grant scheme for the purpose of re-locating poorly sited fish farms, which was one of the priority actions set out in the strategic framework for Scottish Aquaculture. The Executive had confirmed that the funding would be kept within state aid rules and that decisions on a suitable level of assistance should be made on a case to case basis, and had asked the Comhairle to utilise its business expertise to ensure this.

A sum of £500K had been set aside for the year 2006/07 and the Executive hoped to increase this in subsequent years. The Executive had also stated that it will re-imburse any expenses incurred to the Comhairle in managing this scheme

Ferry Services

The Chairman referred to the recommendation of the Transportation Committee of 23 March 2006 in relation to the pilot commercial fare scheme for the Sound of Harris and Barra ferries. The Report had highlighted the proposed extension of the principle to the transport sector. The Chairman welcomed this development as it was of benefit to the islands without affecting the competitive market.

The Chairman suggested that Caledonian MacBrayne Ltd be approached to join the Comhairle in campaigning for the inclusion of the Mallaig – Lochboisdale route as an option in the tendering process and that a vessel be introduced to the Stornoway – Ullapool route capable of providing 3 daily runs efficiently and safely and carrying commercial traffic at night.

It was agreed to recommend that the Chairman write to the Chairman of Caledonian MacBrayne Ltd in relation to these matters.

Minute of Meetings of 9 February 2006 at 9.30am

The Minute of Meeting of 9 February 2006 at 9.30 am was approved.

Minute of Meeting of 9 February 2006 at 2.00pm

The Minute of Meeting of 9 February 2006 at 2.00 pm was approved.

Declaration of Interest

Mr Norman M Macleod declared an interest in Chairman’s introductory comments in relation to fuel cards, and in Items 3 and 18 and left the meeting during consideration of these items.

The Convener declared an interest in the Chairman’s introductory comments in relation to Caledonian MacBrayne and in Item 35 and left the meeting during consideration of these items.

Mr Archie K Campbell declared an interest in Items 3 and 18 and left the meeting during consideration of these items.

Mr Angus Nicolson declared an interest in relation to Item 26 and left the meeting during consideration of this item.

Mrs Morag Munro declared an interest in Items 45 and 48 and left the meeting during consideration of these items.

Mr Donald I Nicolson, being a non member of the Committee, declared an interest in relation to Item 17 and left the meeting during consideration of this item

Miss Samantha Hawkins and Mr John Mackay, being non-members of the Committee, declared an interest in relation to Items 39 and 40 and left the meeting during consideration of these items.

Cllr Angus McCormack being a non-member of the Committee declared an interest in Item 46 and left the meeting during consideration of this item.

Minute of Meeting of Gaelic Language and Culture Forum of 6 September 2005

The Minute of Meeting of Gaelic Language and Culture Forum of 6 September 2005 was approved.

Minute of Meeting of Housing Stock Transfer Sub-Committee of 22 March 2006

The Minute of Meeting of Housing Stock Transfer Sub-Committee of 22 March 2006 was approved.

Minute of Meeting of Human Resources Sub-Committee of 23 March 2006

The Minute of Meeting of Human Resources Sub-Committee of 23 March 2006 was noted and Items 7, 12 and 18 were recommended for approval

In relation to Item 5 it was agreed to recommend that the post of Assistant Harbourmaster be established and that the location of the post of Harbourmaster be considered in relation to any future release of post.

Minute of Meeting of ICT Sub-Committee of 24 March 2006

The Minute of Meeting of ICT Sub-Committee of 24 March 2006 was approved.

BUSINESS PLANS

Business Plans 2006/07 – 2008/09

PR33.01.04

A Report was submitted by the Chief Executive seeking approval of the Business Plans for 2006/7 – 2008/9.

The Report stated that the CIPFA/SOLACE Corporate Governance Framework advised that local authorities should maintain effective arrangements for explicit accountability to stakeholders for the authority’s performance and its effectiveness in the delivery of services and the sustainable use of resources.

It was agreed to recommend that the Business Plans (as amended) be approved.

FINANCE

Insurance Renewal 2006-2011

PR120.05

A Report was submitted by the Director of Finance regarding the outcome of the tendering excercise for insurance services for the Comhairle Gregor McQuarrie of AON, the Comhairle’s insurance broker, made a presentation to the meeting. He stated that the Comhairle’s brokers had facilitated the tender process for its new insurers and together with its own officers had promoted the Comhairle’s business much more actively. This had led to five bids being submitted and following evaluation the main contract was awarded to AIG Europe (UK) via Risk Management Partners, with cover for marine and engineering works being awarded to Royal Sun Alliance. This had resulted in a tender price of around £70K less than the budgetary provision for 2006/2007 at around the same level of excess

The Chairman thanked Gregor McQuarrie of AON for the presentation and affordied the Members the opportunity to ask questions.

It was agreed to recommend that the Report be noted.

Treasury Management Strategy

PR120.06

A Report was submitted by the Director of Finance which outlined the requirement to adopt a Treasury Management Strategy. The Report proposed borrowing and investment strategy and policies for adoption in 2006/2007 and the Prudential Indicators for 2006-2009

The Report set out Treasury Management objectives; describes the current position; reviewed the prospects for interest rates and in the light of these forecasts considered strategy options for the financial year 2006/07. The present borrowing, investment and debt rescheduling policies had been revisited. The Report concluded by making an interim review of the ongoing performance of the Treasury Management function.

The Report also detailed the Prudential Indicators the Comhairle was required to set for the next three years to ensure that total capital investment remained within sustainable limits and in particular that any impact on future council tax levels was acceptable.

It was agreed to recommend that:

(1) the Prudential Indicators, detailed in paragraph 7 of the Report, be adopted;

(2) the total variable rate funds borrowed do not exceed 40% of Loans Pool Debt;

(3) the strategy options, identified in paragraph 9 of the Report. be noted;

(4) the change to the policy permitting borrowing in anticipation of requirement, outlined in paragraph 9.5 of the Report , be adopted;

(5) the changes to the institutions to which the Director of Finance may lend, outlined in paragraph 10.4 of the Report, be approved and the detailed list at Appendix A to the Report be noted;

(6) the maximum that may be lent to an approved institution rated F1+ be £5 million except in the case of the Comhairle’s Bankers, currently The Royal Bank of Scotland, in which case it be £10million, and the maximum that may be lent to an approved institution with an F1 credit rating be £2 million;

(7) the maximum time limit for investments to Local Authorities and Banks and Building Societies rated F1+ be 364 days, and the maximum time limit for investments to Banks and Building Societies rated F1 be 3 months; and

(8) if the changes to the treatment of premium on restructuring being proposed by the Statement of Recommended Practice come into force from 1 April 2006, the Director of Finance be authorised to make representation with the aim of changing the regulations as they apply to Local Authorities.

Treasury Policy Statement

PR120.06

A Report was submitted by the Director of Finance which reffered the Code of Practice on Treasury Management issued in 1992 and updated in 1996. The primary requirement of the updated code was that the Comhairle approve the Treasury Policy Statement in full. The Policy and Resources Committee were to monitor this closely. The policy statement set out the Comhairle’s approach to all treasury operations, the need to produce an annual Report reviewing the previous year’s operations and the need to document Treasury Management decisions.

It was recommended that the Comhairle adopt the following revisions to the Treasury Policy Statement approved on 19 February 2002:

(1) the borrowing strategy, as detailed in paragraph 5.2 of the Report

(2) the lending limits, as detailed in paragraph 6.2 of the Report; and

(3) the lending list, as given in Appendix A to the Report

Payment of Council Tax by Instalment

PR100.03.01

A Report was submitted by the Director of Finance regarding the payment of Council Tax and how it was currently paid in ten monthly payments, stating the day of payment on the bill each month. However, there were also alternative arrangements for payment to be made for mutual agreement allowing payment to be made over twelve months as opposed to ten. The Comhairle was agreeable to entering into such arrangements with customers.

In 2005 representations had been made to the Scottish Executive by Age Concern for the legislation to be changed, to make payment over twelve months mandatory for pensioners, but this had not progressed any further. This was partly because local authorities could not hold dates of birth for Council Tax purposes and pensioners therefore were not readily identifiable

It was agreed to recommend that the Report be noted.

Recommendations for Write-Offs of Certain Council Tax Debts

PR100.07

A Report was submitted by the Director of Finance which outlined the procedures that the Comhairle had agreed to go through before it could write-off debts that exceed £2,000. Provision for non-payment of debts was made in the accounts at the end of each financial year.

It was agreed to recommend that the debts itemised in Appendix A to the Report be written off.

Administration of Specific Funding

PR100.01

A Report was submitted by the Director of Finance which stated that there was an increasing tendency for additional funds that the Comhairle received from the Scottish Executive to be earmarked for specific purposes.. The Comhairle also made use of funds on behalf of other public sector bodies. In the majority of cases this funding included the appointment of staff and the establishment of procedures to claim funding and report on spending, including in some cases a brief audit for which no financial provision was made.

It was therefore recommended that 5% of such funding be earmarked to meet the costs of corporate support and that the Chief Executive be authorised to allocate these resources to meet any pressures created

It was agreed to recommend that:

(1) where specific additional funding was received then 5% of the funding be earmarked to cover the costs of corporate support; and

(2) it be delegated to the Chief Executive to allocate these resources to meet the pressures created by the additional funding.

It was agreed that the public, including the press, be excluded from the meeting during consideration of item 13 below on the grounds that exempt information as defined in Paragraph 6 & 9 of Schedule 7A of the Local Government (Scotland Act 1973 would be disclosed, namely, information relating to the financial or business affairs of any particular person, other than the Comhairle and any terms proposed or to be proposed by or to the Comhairle in the course of negotiations for a contractor the acquisitionn or disposal of property or the supply of goods and services.

CAPITAL PROGRAMME

Capital Programme 2004 – 2008 – Latest Position

PR110.03

A Report was submitted by the Director of Finance regarding the Capital Programme and how provisional sums allocated to some projects were insufficient to enable their completion. Since the Comhairle had agreed the Capital Programme in 2003, it had become apparent that the provisional sums allocated to some projects were insufficient to enable their completion.

The mechanism established to deal with any project variations was that they could be met by prudential borrowing funded by the relevant Departments. However, there were at present a small number of projects in the Capital Programme that had significant additional costs that could not realistically be met through revenue funded prudential borrowing. Approval of the recommendations would not have any impact on the remainder of the approved capital programme.

The Chairman reported that the Director of Finance had been approached by the Health Board’s Director of Finance who had asked to be able to transfer an amount of capital to us this financial year to avoid the potential for it having to be returned to Edinburgh. For such a transfer to be allowed it will be necessary for us to carry out a number of legal, procedural and financial checks. It was therefore suggested that we delegate it to the Chief Executive and the Director of Finance to agree to such a transfer provided they would be satisfied it is competent to do so and on the basis that it would be financially advantageous to the Comhairle.

It was agreed to recommend that the Comhairle agree to allocate an additional £148K to Carloway Care Unit; £190K to SporsNis; and the balance of any uncommitted capital receipts to Kallin Pier.

Arising out of consideration of this item it was agreed that it be delegated to the Chief Executive, in consideration with the Director of Finance, to agree to receive capital funding from NHS Western Isles in advance of neeed provided it was competent to do so and on the basis that such a transfer would be financially advantageous to the Comhairle

It was agreed that the public, including the press, be excluded from the meeting during consideration of item 14 below on the grounds that exempt information as defined in Paragraph 6 of Schedule 7A of the Local Government (Scotland Act 1973 would be disclosed, namely, information relating to the financial or business affairs of any particular person, other than the Comhairle

HOUSING

Housing Revenue Account Interim Maintenance Programme 2006/07

PR100.05

14*

The Head of Housing Services submitted a Report outlining the proposed Housing Revenue Account Interim Maintenance Programme for 2006/07. It was stated in the Report that the Programme would be funded from prudential borrowing until such time as the Housing Stock Transfer process was completed. It was further intimated that the Programme formed part of the Hebridean Housing Partnership’s investment strategy, as detailed in the Partnership’s Business Plan and would be funded by the Hebridean Housing Partnership, following completion of the Housing Stock Transfer process.

It was agreed to recommend that it be delegated to the Chief Executive, in consultation with the Head of Housing Services, to implement the Housing Revenue Account Interim Maintenance and Refurbishment Programme for 2006/07, on the basis detailed in the Report, from 1 April 2006 until such time as the Housing Stock Transfer process was formally completed, in order to ensure that the Comhairle's financial interests were protected and Value for Money achieved.

It was agreed that the public, including the press, be excluded from the meeting during consideration of item 15 below on the grounds that exempt information as defined in Paragragh 6 of Schedule 7A of the Local Government (Scotland Act 1973 would be disclosed, namely, information relating to the financial or business affairs of any partiluar person, other than the Comhairle

Housing Revenue Account Capital Programme 2005/06 Progress Report

PR100.03

15*

The Head of Housing Services submitted a Report giving information with regard to expenditure in respect of the Housing Revenue Account Capital Programme 2005/06 and outlined progress on individual projects.

It was agreed to recommend that:

(1) the Housing Capital Programme 2005/06 be revised as detailed at Appendix 1 to take account of project variations;

(2) the expenditure profile shown at Appendix 2 be noted, and

(3) the action taken by the Chief Executive, in consultation with the Head of Housing Services and the Director of Finance, to procure the list of additional works, as detailed at Appendix 3 to this Report, on the basis of Clause 7 (f) of the Contract Regulations by reason of special circumstances, namely, to guarantee that the works were completed and paid for prior to 31 March 2006, in accordance with the Comhairle’s decision of December 2005, be homologated.

The Committee ruled a material change of circumstances to allow consideration of the following item

Housing Development Programme: Use of Community Ownership Programme Funding

H01.18

A Report was submitted by the Head of Housing Services to inform Members of an increase in Communities Scotland’s funding for new housing development and, in view of this, sought approval of amended draw down of Community Ownership Programme funding for 2005/06 and 2006/07. The Report stated that the net result of this was additional money coming into the Western Isles for affordable housing which was good news and also presented challenges as such monies would only continue to be available if the Comhairle could prove that projects can be delivered.

It was agreed to recommend that:

(1) the increased Housing development funding from Communities Scotland available for the Western Isles 06/07 until 07/08 be noted; and

(2) approval be given for the amended Community Ownership Programme for 05/06 and 06/07 as detailed in paragraph 3.1 of the Report

It was agreed that the public, including the press, be excluded from the meeting during consideration of item 17 below on the grounds that exempt information as defined in Paragraph 6 of Schedule 7A of the Local Government (Scotland Act 1973 would be disclosed, namely, information relating to the financial or business affairs of any particular person, other than the Comhairle.

Updated Proposals for Housing Projects Funded by the Additional Council Tax Income from Second Homes (ACTISH)

H02

17*

With reference to Item 8 of the Minute of Meeting of 31 January 2006 the Head of Housing Services submitted a Report seeking approval for an updated list of housing sites to be developed using income generated by Additional Council Tax Income from Second Homes (ACTISH). It was stated in the Report that ACTISH Funding could be allocated by the Comhairle to assist with the purchase, servicing or infrastructure costs associated with developing a housing site involving a Registered Social Landlord and that an estimated £250,000 would be available for distributed to Registered Social Landlords, within the Western Isles, by 30 June 2006. The Report referred to the list of sites approved by the Comhairle, as an initial list of sites to be developed for low cost owner occupation as well as Registered Social Landlord housing and stated that the list of sites had been amended in consultation with Tigh Innes Gall, the Housing Development Agency working for Registered Social Landlords in the Western Isles.

It was agreed to recommend that:

(1) the sites at Bunavoneadar, Harris; Eoligarry , Barra; Howmore, South Uist and Pentland Road, Gearraidh Ghuirm and Allt na Broige, Lewis, receive funding assistance as detailed in paragraphs 5.1 to 5.8 of the Report; and

(2) payment to the relevant Registered Social Landlord be made before the end of June 2006 and that the Director of Finance, in consultation with the Chairman and Vice-Chairman, be authorised to pay any sums, to be determined by him, in excess of £245,000

Housing Stock Transfer Progress Update

H01.18

A Report was submitted by the Chief Executive and the Head of Housing Services providing Members with a progress Report on the Housing Stock Transfer process. A range of tasks centred on the formal Transfer Agreement between the Comhairle and HHP remained to be completed. Both parties were working towards the formal transfer taking place at the end of the summer.

It was proposed that Housing Stock Transfer Sub-Committee would meet a number of times to go over the details of the transfer agreement which would detail the Comhairle and HHP’s rights and liabilities with a comprehensive Report going to the Committee and the Comhairle..

It was agreed to recommend that the Report be noted and it be delegated to Housing Stock Transfer Sub-Committee to approve the draft documentation for submission to the Scottish Executive and that Housing Stock Transfer Sub-Committee meet with Hebridean Housing Partnership to discuss the delivery of the Comhairle’s Local Housing Strategy.

BUILDINGS

Asset Management Planning

LB06

A Report was submitted by the Director of Technical Services which providesd information on the Asset Management process and informed Members of the current progress in this area. A current snapshot of progress for each service Department was detailed in the Report.

The Report stated that the Asset Management Planning Co-ordinator had now been appointed and would take up his post on 17 April 2006.

It was agreed to recommend that the Report be noted.

Proposed Adaptations to Members Toilets, Sandwick Road

LB38.01

A Report was submitted by the Director of Technical Services seeking approval for the provision of Accessible Toilets in the Members’ Area of the Council Offices, Sandwick Road , Stornoway. The Report stated that the Isle of Lewis Access Panel had requested accessible toilets on the first floor of these Offices and the Report put forward proposals for such provision. These works would be subject to competitive tendering.

The Report further indicated that thse works would complement the work which has already taken place in the Council Chamber and would further enhance the Comhairle’s commitment to compliance with current access legislation.

It was agreed to recommend that the proposal for an accessible toilet and other adaptation in the Members’ area, Council Offices, Sandwick Road, Stornoway all as shown in the drawings accompanying the report be approved and that the Director of Technical Services submit a Report to the next meeting of the Committee providing a breakdown of the full costs and fees for making an accessible toilet and other adaptations to the Rear Entrance all as shown in Drawing 90(02).

Proposed Alteration to Rear Entrance, Sandwick Road , Stornoway

LB38.01

A Report was submitted by the Director of Technical Services seeking authority to improve the access at the rear of the Council Offices, Sandwick Road, Stornoway and stated that it had somewhat become hazardous in the vicinity of the entrance particularly when loading and unloading. The Report stated that the implementation of the proposals shown on the drawing would remove two car parking spaces and the area would be out of bound to users for up to six weeks. The estimated cost of this would be £36K.

Funding for this work was contained within the existing provision in the Capital Programme, Policy and Resources – Council Offices Improvement Programme. These works would be subject to competitive tendering

It was agreed that the public, including the press, be excluded from the meeting during consideration of item 22 below on the grounds that exempt information as defined in Paragraph 6 of Schedule 7A of the Local Government (Scotland Act 1973 would be disclosed, namely, information relating to the financial or business affairs of any particular person, other than the Comhairle

Public Private Partnership – Update Report

E01

22*

The Director of Education submitted a Report concerning the latest developments in relation to the Comhairle's PPP proposals. A summary of current progress was outlined in the Report.

It was agreed to recommend:

(1) that the Report be noted; and

(2) that the Chief Executive, in consultation with the Director of Education, be authorised to enter into negotiation with the owners of the proposed sites for the West Side Primary and the new Balivanich Primary and to acquire those sites for the Comhairle at a price to be approved by the District Valuer and on such other terms and conditions as the Director of Corporate Services in consultation with the Chief Executive and the Director of Education shall determine.

CONTRACTUAL MATTERS

Grounds Maintenance Contract Lewis, Harris, Uist and Barra

CB003

A Report was submitted by the Director of Technical Services regarding the present contract for Grounds Maintenance throughout the Western Isles which expired on 31 March 2007, and stated that the present Contractor, Waterers Landscapes Plc, (formerly Mitchell and Struthers (Contracts Ltd) had been providing this service under the present contract since March 2004 and under the previous contract since 1999 utilising locally based labour. There had been no significant contractual issues which had arisen under these contracts that would indicate against any decision to extend and an extension was therefore proposed.

It was agreed to recommend:

(1) that the existing contract with Waterers Landscapes plc (formerly Mitchell & Struthers (Contracts) Ltd) be extended, as provided for in the contract, to the period April 2007 to March 2008; and

(2) that the existing contract with Waterers Landscapes plc (formerly Mitchell & Struthers (Contracts) Ltd), subject to the satisfactory outcome of a performance review to be carried out by December 2007, be extended, as provided for in the contract, for the period April 2008 to March 2009.

Proposed Glazed Courtyard – Lionel School, Ness

E02.01

A Report was submitted by the Director of Technical Services which sought approval that certain works detailed in the Report be not tendered in the terms of Contract Regulation 7 (f). The scheme related to the construction of a glazed courtyard at Lionel school to provide an additional social area and a place for pupils to shelter during periods of inclement weather.

It was suggested that value for money would be achieved by this project running in conjunction with the SporsNis project.

It was agreed to recommend that:

(1) the contract for the provision of a glazed courtyard at Lionel School not be tendered for in terms of Contract Regulation 7(f) for the reasons detailed in this Report; and

(2) a contract value for the said works be negotiated on the basis of rates and prices contained in the Spòrnis project with Alex Murray (Construction) Ltd.

Superimposed Road Markings Contract 2006-2007

T12.62

A Report was submitted by the Director of Technical Services seeking approval for the extension of the existing contract with Markon Ltd. The Report stated that the Comhairle undertook road marking works as part of revenue and capital funded improvements and traffic management initiatives. These works required the use of specialised equipment and generally involved engaging mainland based contractors.

It was agreed to recommend that the Comhairle agree not to seek competitive tenders for the Superimposed Road Markings Contract 2006/07 in terms of Contract Regulation 7(f) for the reasons submitted in the Report and that the said Contract be awarded to Markon Ltd.

Ice Gritting and Snow Clearing Contracts 2002-2006

T08.05.04

The Director of Technical Services submitted a Report in relation to the ice gritting and snow clearing contracts. The Report stated that clauses had been included in the contracts to give both the Comhairle and the Contractors options at the end of the initial contract period to extend the contract through agreement with the options for extension being for consecutive periods of one year. The Report further stated that a recent consultation with business/commercial users had suggested that the service providers in all areas were providing a good service.

It was agreed to recommend that the Comhairle approve:

(1) that the existing contracts detailed in para 2.1 of the Report be extended, as provided for in the respective Contract Documents, to the period April 2006 to March 2007; and

(2) that, subject to the satisfactory outcome of a performance review to be carried out by March 2007, these contracts be extended for the period April 2007 – March 2008 as provided for in the Contract Documents.

Application For Inclusion In Standing Lists Of Approved Contractors

PR31.07

The Director of Technical Services submitted a Report detailing applications for inclusion in the Comhairle standing lists of approved contractors.

It was agreed to recommend that the Contractors detailed in Appendix 1 to this Report be included in the Standing List of Approved Contractors as shown and that Uist Domestic Repairs be included in list 4f with a financial limit of £20K in Uist and Barra.

Lochmaddy Pier Structural Inspection Report

T07.02

A Report was submitted by the Director of Technical Services seeking to inform Members of the content of the Lochmaddy Pier Structural Inspection report and to recommend appropriate remedial action.

The inspection for Lochmaddy Pier and Linkspan has been funded from “Future Transport Project “ capital programme and was carried out in October 2005 and the final Report now complete and is presented for Members consideration.

The Director of Technical Services was exploring methods of funding the scheme from prudential borrowing and this would be the subject of a Report to the next meeting.

It was agreed to recommend that:

(1) the preparation of tender documents for the repair and maintenance works to Lochmaddy Pier not be tendered in terms of Contract Regulations 7(f) for the reasons outlined in paragraph 2.4 of the Report and

(2) the Director of Corporate Services, in consultation with the Director of Technical Services, be authorised to appoint Wallace Stone and Partners to prepare and issue the tender documents to the Select List of Specialist Contractors detailed in Appendix 4 to this Report in terms of Contract Regulation 8 (c).

HUMAN RESOURCES

Policy on Early Retirement

M06.10

A Report was submitted by the Director of Corporate Services regarding the responses received to the consultation with trade unions on proposed changes to the Comhairle’s policy on Voluntary Early Retirement. The responses received and management comments on these responses were detailed in the appendix to the Report.

The recommendations for approval did not specifically mention the Single Status process or the McCrone agreement as it was considered that any employee affected by either process would be adequately dealt with by the Chief Executive in applying the four tests.

It was agreed to recommend that the following changes be made to the Policy on Early Retirement:

(1) the presumption against Added Years be retained as part of the Policy;

(2) the consideration and determination of applications for Early Retirement on the grounds of Redundancy and Interests of the Efficiency of the Service, including Full, Partial or No Added Years, be delegated to the Chief Executive in consultation with the Director of Finance and Director of Corporate Services, to consider in all the circumstances of the case and in terms of the four tests detailed in recommendation (3);

(3) any granting of Added Years be subject to the satisfaction of four tests;

(a) a financial saving, to be demonstrated through a “True Cost” calculation, including capitalised value to the pension fund compared against capitalised value of savings;

(b) no appropriate redeployment opportunities;

(c) no appropriate retraining opportunities, as demonstrated through the individual’s Training and Development plan;

(d) a history of management support through the appropriate Staff Development and Appraisal Procedure; and

(4) an appeal against the determination in respect of Added Years be heard by Human Resources Sub-Committee

Recruitment Advertising

PR10

With reference to item 3 of the Minute of Meeting of 9 February 2006 a Report was submitted by the Director of Corporate Services regarding a proposed amendment to the Policy on Recruitment to reflect how the efficiency savings wil be reached in relation to Recruitment Advertising.

The Report stated that it had been agreed by the Comhairle on 9 February 2006 that as part of the efficiencies exercise savings of £30K would be sought within recruitment advertising.

The proposal detailed in the Report was that all local adverts for recruitment would be placed in one local paper with effect from 1 April 2006. The present Policy which had been in place for approximately 25 years was that all recruitment adverts would be placed in both the West Highland Free Press and Stornoway Gazette. The selection of the appropriate local paper would be dependent on the circulation of the paper in the area and response rates to previous advertisements.

An analysis of spend over the current and previous years showed that in practice a saving of approximately £15K would be achieved from this policy. Further savings may accrue to departments (as second advertisements costs were met by departments) however these could not be readily quantified.

It was agreed to recommend that the Director of Corporate Services submit a Report to the next meeting of the Committee exploring options to achieve the efficiencies sought taking account of the comments made at the meeting.

Working with Children and Young People – Allegations Against Employees

SW02

A Report was submitted by the Director of Corporate Services regarding a proposal to introduce procedures for employees working with children and young people, particularly in instances where allegations of child abuse were made against an employee.

The Report stated that these developments had meant that the Comhairle's recruitment and associated Human Resources procedures would require to be continuously updated.

It was agreed to recommend that the Comhairle agree the policy on Working with Children and Young People attached as Appendix 1 to the Report.

Arising out of consideration of this item it was agreed that the Director of Corporate Services would seek details of timescales for external agencies in dealing with allegations in terms of part 7 of the Report and make representations that it would be in the interests of all concerned for such allegations to be dealt with as expeditiously as possible.

It was agreed that the public, including the press, be excluded from the meeting during consideration of item 32 below on the grounds that exempt information as defined in Paragraph 1 and 10 of Schedule 7A of the Local Government (Scotland Act 1973 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, and information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matter arising between the Comhairle or a Minister of the Crown and employees of, or office holders under, the Comhairle.

Single Status Update

M12

32*

A Report was submitted by the Director of Corporate Services regarding the Single Status project; and

The Report provided an update on progress since the matter had last been reported to Committee in November 2005 and stated that a members seminar would take place on 11 April 2006.

It was agreed to recommend that the Comhairle note the Report.

LEGISLATION

Support to Children’s Panel – Scottish Executive Proposals

SW02

A Report was submitted by the Director of Corporate Services regarding the proposals by the Scottish Executive to achieve standardisation of support to Children’s Panels by the provision of such support on a regional or national basis. It was suggested that representations be made to to the Executive proposing that the status quo prevail.

The Report stated that the Scottish Executive’s proposal had been discussed at COSLA and also at a meeting in Inverness of Children’s Panel Advisory Committee chairs and clerks. It was suggested that the position taken at both meetings that the present local arrangements remain and that local authorities work together voluntarily to provide support where there are issues affecting more than one Children’s Panel Advisory Committee detailed in the Report be endorsed.

It was agreed to recommend that the Chief Executive be authorised to make representations to the Scottish Executive endorsing COSLA’s position on this matter and proposing that the current local arrangements for the provision of support to children’s panels continue and that, in the event that the Scottish Executive identify any issues in relation to the support being provided, that the Comhairle work together voluntarily with other local authorities to address any such issues.

Community Health and Social Care Partnership

SW01

The Chief Executive submitted a Report on progress in relation to the production of a Community Health and Social Care Partnership and seeking approval to make joint submissions to the Scottish Executive that such a Partnership was not the appropriate vehicle to ensure meaningful joint working and service delivery in the Western Isles. Details of the background to the matter, current position, the legislative provisions and Scottish Executive guidance were given in the Report.

It was agreed to recommend that:

(1) the Chief Executive be authorised, in conjunction with the Chief Executive of NHS Western Isles, to make representations to the Health Minister and the Scottish Executive seeking authority to deliver social care services through the mechanism of a bespoke Joint Services Committee which would have such arrangements for membership, funding and decision making as the Comhairle and NHS Western Isles should determine; and

(2) it be noted that a revised draft Scheme of Establishment for a Community Health Partnership would be submitted to a future meeting of the Committee for its comments as local authority and principal community planning partner.

POLICY

Review of Policies on Sunday Working and Related Matters

PR11.04