Cunninghame House, Irvine. 11 February 2016 North Ayrshire Council You are requested to attend a Meeting of the above mentioned Committee of North Ayrshire Council to be held in the Council Chambers, Cunninghame House, Irvine on WEDNESDAY 17 FEBRUARY 2016 at 3.00 p.m. to consider the undernoted business. Yours faithfully Elma Murray Chief Executive 1. Apologies 2. Declarations of Interest Members are requested to give notice of any declarations of interest in respect of items of business on the Agenda. 3. Previous Minutes (Page 7) The accuracy of the Minutes of (i) the ordinary meeting of the Council held on 16 December 2015 and (ii) the special meeting of the Council held on 8 February 2016 will be confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973 (copy enclosed). 4. Provost's Report The Provost will report. 5. Leader's Report The Leader of the Council will report. North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 6. North Ayrshire Council Minute Volume (issued under separate cover) Submit for noting and approval of any recommendations contained therein, the minutes of meetings of committees of the Council held in the period 5 December 2015 to 4 February 2016. Please note there is a recommendation to the Council contained within the Minute of the Staffing and Recruitment Committee meeting of 17 December 2015. 7. North Ayrshire Community Planning Partnership (CPP) Board: Minutes of Meeting held on 3 December 2015 (Page 25) Submit report by the Chief Executive on the Minutes of the meeting of the North Ayrshire Community Planning Partnership (CPP) Board held on 3 December 2015 (copy enclosed). 8. Questions In terms of Standing Order No. 12 submit:- (a) A question by Councillor McNicol to the Cabinet Member for Finance, Corporate Support and Welfare Reform in the following terms:- "On 15th October, 2015 at Kilmarnock Sheriff Court one of my constituents was awarded damages of £80.64 against North Ayrshire Council for repair of a coil Spring on his vehicle after having struck a pothole outside Ardrossan Academy, Parkhouse Road, Ardrossan on 2nd February, 2015. Will the Portfolio Holder for Finance, Corporate Support and Housing furnish me with all costs incurred by North Ayrshire Council in defending this claim (including cost of officers time preparing papers for Zurich Insurance to defend claim, and officers time attending Kilmarnock Sheriff Court to give evidence at the hearing) and who was responsible for the edict not to pay compensation?" (b) A question by Councillor Cullinane to the Cabinet Member for Finance, Corporate Support and Welfare Reform in the following terms:- “The £43million contract for the Largs Campus has been awarded to Morrison Construction, a company named in the Scottish Affairs Select Committee Report as having used the Consulting Association blacklist to identify, deny employment to or terminate the jobs of trade union members. The contract was awarded by hub West Scotland. However, as it is a North Ayrshire Council led project, can the Portfolio Holder advise me what representations, if any, they have made to hub West Scotland about Morrison Construction winning the contract and how does the award of the contract conform with this Council’s previous commitment that companies exposed as having blacklisted workers should be excluded from Council contracts?” North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 2 9. Appointments to Committees and Outside Bodies Consider the undernoted nominations:- Committee Resignation/ Nomination(s) Received for Vacancy Vacancy Appeals Committee 3 vacancies Cllr Bruce Cllr Reid North Ayrshire Leisure 1 vacancy, following Cllr Clarkson Limited Cllr Montgomerie's resignation 10. Designation of Polling Districts and Polling Places (Page 35) Submit report by the Chief Executive on the replacement venues for use as Polling Places for forthcoming Elections and Referenda (copy enclosed). 11. Motions 11.1 Motions to Amend Standing Orders In terms of the meeting of the Council on 16 December 2015, submit the following Motions to amend Standing Orders:- (a) a Motion by Councillor Bell, seconded by Councillor Cullinane in the following terms:- "That the Council agrees to accept the following amendment to standing orders for meetings: Amend standing order 12 to add at the end of 12.2 the words 'The Provost may also at his or her discretion, allow one other member to ask one question for further clarification of the answer.'" (b) a Motion by Councillor Bell, seconded by Councillor Cullinane in the following terms:- "That the Council agrees to accept the following amendment to standing orders for meetings: Add to Standing Order 31 the following definition:- 'Present and voting' or 'present and vote' means Members casting an affirmative or negative vote. Members who abstain from voting are considered as not voting." North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 3 (c) a Motion by Councillor Hill, seconded by Councillor Bell in the following terms:- "That the Council agreed to add a new Standing Order 23(v): 'For the avoidance of doubt this Standing Order does not apply to Questions raised under Standing Order 12. No such Question shall require the suspension of Standing Orders in order to be considered or reconsidered.'" 11.2 Other Motions (a) a Motion by Councillor Cullinane, seconded by Councillor McNamara in the following terms:- "At the Council meeting of 24th March 2014 I proposed a motion calling on North Ayrshire Council to become an Ethical Care Council and sign up to the UNISON Ethical Care Charter. As an amendment, which was accepted, the issue was referred to the “Living Wage and Ethical Care Working Group A key component of the UNISON Ethical Care Charter is payment of the Living Wage to all social care workers. The final Working Group report recommended that North Ayrshire Council did not sign up to the Charter because, it was stated by officers using guidance from the Scottish Government, that the Council could not legally mandate external care providers to pay the Living Wage. That was a position that the Labour members of the Working Group challenged throughout the lifespan of the Group. Given that the Scottish Government have performed a u-turn and now accept that a Living Wage for all care workers can be achieved, North Ayrshire Council agrees to sign up to the UNISON Ethical Care Charter." 12. Urgent items Any other items which the Provost considers to be urgent. North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 4 North Ayrshire Council Sederunt: Joan Sturgeon (Provost) Attending: Robert Barr (Depute Provost) John Bell Matthew Brown John Bruce Marie Burns Ian Clarkson Joe Cullinane Anthea Dickson John Easdale John Ferguson Alex Gallagher Willie Gibson Tony Gurney Jean Highgate Alan Hill Apologies: John Hunter Elizabeth McLardy Grace McLean Catherine McMillan Peter McNamara Ronnie McNicol Ruth Maguire Tom Marshall Jim Montgomerie Meeting Ended: Alan Munro David O'Neill Irene Oldfather Donald Reid Robert Steel North Ayrshire Council, Cunninghame House, Irvine KA12 8EE 5 6 Agenda item 3.1 North Ayrshire Council 16 December 2015 IRVINE, 16 December 2015 - At a Meeting of North Ayrshire Council at 2.00 p.m. Present Joan Sturgeon, Robert Barr, John Bell, Marie Burns, Ian Clarkson, Joe Cullinane, Anthea Dickson, John Easdale, John Ferguson, Alex Gallagher, Tony Gurney, Jean Highgate, Alan Hill, John Hunter, Ruth Maguire, Elizabeth McLardy, Grace McLean, Catherine McMillan, Peter McNamara, Ronnie McNicol, Jim Montgomerie, Alan Munro, Irene Oldfather, Donald Reid and Robert Steel. In Attendance E. Murray, Chief Executive; K. Yeomans, Executive Director (Economy and Communities); C. Hatton, Executive Director (Place); S. Quinn, Head of Service (Schools) (Education and Youth Employment), M. Inglis, Senior Manager (Intervention Services)(Health and Social Care Partnership); A. Fraser, Head of Democratic Support, C. Andrew, Senior Manager (Legal Services), M. Gilmour, Senior Communications Officer (Media and Internal Communications) (Corporate Communications) and M. Anderson, Committee Services Team Leader (Chief Executive's Service). Chair Provost Sturgeon in the Chair. Apologies for Absence Matthew Brown, John Bruce, Willie Gibson, Tom Marshall and David O'Neill. 1. Provost's Remarks The Provost welcomed those present to the meeting and dealt with preliminary matters. 2. Apologies for Absence The Provost invited intimation of apologies for absence, which were recorded. 3. Declarations of Interest There were no declarations of interest in terms of Standing Order 10 and Section 5 of the Councillors' Code of Conduct. There were no declarations of the Party Whip. Page 0 7 4. Previous Minutes The accuracy of the Minutes of the ordinary meeting of the Council held on 4 November 2015 and the Special Meeting of the Council held on 25 November 2015 was confirmed and the Minutes signed in accordance with Paragraph 7 (1) of Schedule 7 of the Local Government (Scotland) Act 1973. Councillor Reid requested, and received, clarification on the appropriate mechanism for highlighting corrected information which had been provided to Members after the Council meeting in connection with his question to the Cabinet Member for Place. Noted. 5. Provost's Report The Provost reported on the following matters:- the Ayrshire College graduation ceremony in November 2015 and the opening of the new Student Services facilities at the college; the Remembrance Sunday Parade and Service in