699
MINUTE of MEETING of the WEST LOTHIAN COUNCIL held within Council Chambers, West Lothian Civic Centre, Livingston, on 8 March 2011.
Present – Provost Tom Kerr (Chair); Depute Provost Jim Dickson; Leader of the Council Peter Johnston; Councillors Frank Anderson, Gordon Beurskens, Stuart Borrowman, William Boyle, Janet Campbell, John Cochrane, Tom Conn, Alexander Davidson, Martyn Day, Robert De Bold, Jim Dixon, Willie Dunn, Bruce Ferrie, Neil Findlay, Lawrence Fitzpatrick, Ellen Glass, Isabel Hutton, Carl John, Dave King, Danny Logue, Greg McCarra, John McGinty, Andrew Miller, Graeme Morrice, John Muir, Cathy Muldoon, George Paul, Jim Swan, Jim Walker.
1. DECLARATIONS OF INTEREST
Members declared interests as undernoted:-
Councillor Findlay: –
Agenda Item 9 (Notice of Motion - Education) – Councillor Findlay declared a non-financial interest in that he was a Teacher and member of the EIS Teaching Union.
Agenda Item 15 (Labour MP’s Guilty Verdict) – Councillor Findlay declared a non-financial interest as a former employee of Jim Devine and left the Chamber during consideration of that item of business.
Councillor McCarra:-
Agenda Item 9 (Notice of Motion - Education) - Councillor McCarra declared a non-financial interest in that he was a member of the EIS Council.
Councillor Borrowman:-
Agenda Item 9 (Notice of Motion – Education) - Councillor Borrowman declared a non-financial interest in that his wife was employed as a Teacher and his daughter was a student.
Councillor Johnston:-
Agenda Item 9 (Notice of Motion - Education) - Councillor Johnston declared an interest as a member of the EIS Teaching Union.
Councillor Davidson:-
Agenda Item 15 (Notice of Motion – Labour MP’s Guilty Verdict - Councillor Davidson declared a financial interest as a former employee of Jim Devine and left the Chamber during consideration of that item of business.
Councillor Fitzpatrick:- 700
Agenda Item 15 (Notice of Motion – Labour MP’s Guilty Verdict Councillor Fitzpatrick declared a non-financial interest as a former Officer, Livingston CLP and a financial interest as Prospective Parliamentary Candidate for Almond Valley, and left the Chamber during consideration of that item of business.
Councillor Swan:-
Agenda Item 15 (Notice of Motion – Labour MP’s Guilty Verdict
Councillor Swan declared a non-financial interest arising from Jim Devine’s membership of his local Labour Party branch.
2. DIGITAL SWITCHOVER
Mr John MacNeill, Digital UK Ltd had been invited to attend the meeting to provide an update on the Digital TV Switchover.
Mr MacNeill explained that the switchover was happening so that Freeview services could be extended to people who could not currently get them, including those who received their signal from a relay transmitter. The new digital TV signal would be stronger and more robust.
Mr MacNeill then provided details of the two stages of the Switchover and advised that a public information campaign had been launched.
In addition, two roadshow events were being held in West Lothian. One would be held in Linlithgow on 22nd March and the other would be held in Livingston on 26th March.
The Council was informed of a Switchover Help Scheme being run by the BBC to help older and disabled people with everything they needed to switch one TV to digital. The Scheme could help anyone who:
x was aged 75 or over, or
x was registered bind or partially-sighted, or
x was receiving Disability Living Allowance, Mobility Supplement, Attendance or Constant Attendance Allowance; or
x had lived in a care home for six months or more.
Finally, Mr MacNeill responded to questions raised by elected members and undertook to ask a member of the Help Scheme to contact Councillor Glass in relation to her specific questions.
The Provost thanked Mr MacNeill for his informative presentation.
Decision 701
To note the terms of the presentation.
3. MINUTE
The Council approved the minute of its meeting held on Tuesday 25th January 2011.
4. CORRESPONDENCE ARISING FROM PREVIOUS DECISIONS
The Council noted the correspondence arising from previous decisions (copies of which had been circulated).
The Provost requested that, in future, members consider the terms of motions submitted in relation to sending correspondence to other councils, MPs and MSPs, given that a number of local authorities had indicated that they had no interest in hearing from West Lothian Council in relation to the subject matter contained in the motions.
5. MINUTE OF MEETING OF EMPLOYEE APPEALS COMMITTEE
The Council noted the minute of meeting of the Employee Appeals Committee held on Friday 28th January 2011.
6. ELECTION BUSINESS - LOCAL REVIEW BODY
The Provost informed the Council that he had reviewed his position with regards to his attendance at the Local Review Body and had subsequently withdrawn his resignation on the basis that the times of the meetings could be altered to 11.00 am.
The Council agreed that the Provost remain as Chair of the Local Review Body and noted that future meetings be scheduled for 11.00 am.
7. TREASURY MANAGEMENT - STRATEGY FOR 2011/12
The Council considered a report (copies of which had been circulated) by the Head of Finance and Estates seeking approval for the Treasury Management Strategy for 2011/12.
The Treasury Management Strategy, copies of which were attached to the report, detailed the expected activities of the treasury function in 2011/12. 702
Its production and submission to full Council was a requirement of the Treasury Management Code and the Scottish Investment Regulations. The requirements of the Prudential Code had been incorporated into the Strategy report.
The Head of Finance and Estates amplified aspects of the report and undertook to inform elected members of the level of the Council’s Public Works Loan Board (PWLB) borrowing in May 2007.
Decision
To approve the terms of the report.
8. OVERVIEW OF LOCAL AUTHORITY AUDITS 2010 - AUDIT SCOTLAND
The Council considered a report (copies of which had been circulated) by the Head of Finance and Estates presenting a comprehensive overview report on the 2009/10 audits of local authorities by the Controller of Audit incorporating the Accounts Commission’s findings. The overview report was attached as an appendix to the report by the Head of Finance and Estates.
The report advised that the Accounts Commission welcomed the commitment shown by councils to improving financial planning and overall resource management. The Commission also acknowledged and welcomed the continuing commitment to securing Best Value and good quality outcomes for citizens, the development of corporate improvement programmes, improved strategic workforces planning and improvements in asset management.
The Controller of Audit’s report was split into three sections; namely, the Controller of Audit’s foreword which set the scene, managing resources in 2010, and challenges for 2011 and beyond. The Head of Finance provided a summary of the key points arising from the Controller’s report under each of these categories.
The Head of Finance and Estates highlighted that the Auditor’s report on the council’s 2009/10 Accounts acknowledged that the council was developing strategic and financial plans for future years and that the council continued to demonstrate a clear commitment to continuous improvement, and had effective governance arrangements in place. Taking account of the issues raised in the overview report, the Head of Finance and Estates considered that the council should be well placed to meet the difficult challenges that lay ahead.
The Council was recommended to:-
x note the report and refer it to the Audit Committee for consideration. 703
x note that a report would be prepared for the Partnership and Resources PDSP providing full responses to the action points and key questions for elected members set out in Appendix 1 of the Audit Scotland report.
Motion
“To approve the terms of the report, and to note that non-members would be invited to attend the meeting of the Partnership and Resources PDSP for consideration of this item of business.”
Moved by Leader of the Council, seconded by Councillor Anderson.
Amendment
To approve the terms of the report and to approve a third recommendation as undernoted:-
“to request Audit Scotland to review the council’s governance arrangements and to report on best practice, and for officers to bring a report to a future meeting of the Council.”
Moved by Councillor McGinty, seconded by Councillor Muldoon.
Decision
On a vote being taken, the motion was successful by 17 votes to 15 votes and it was agreed accordingly.
9. NOTICE OF MOTION - EDUCATION - SUBMITTED BY COUNCILLOR FITZPATRICK (HEREWITH)
The Council considered a motion submitted by Councillor Fitzpatrick in the following terms:-
“West Lothian Council recalls the promises on education made by the SNP whilst in opposition, agrees that the record of the SNP Scottish Government in Office has proved to be a disaster for Scottish Education and notes:
x The failure of the Scottish Futures Trust has held back investment in our school buildings.
x Failure to introduce class sizes in P1 to P3 to maximum of 18 or fewer
x Trained teachers leaving Scotland in record numbers because they are unable to get a job 704
x The cut of 3000 teachers has a direct impact on the educational development of our children and the careers of our young graduates.
x Budget cuts in West Lothian have resulted in the loss of classroom assistants, a threat to janitorial staff hours, the introduction of charges, and reductions in services.
x The u-turn on student finance has let down those at University.
x Threats to the conditions and professional development of teachers.
Moved by Councillor Fitzpatrick, seconded by Councillor Logue.
Amendment
“Council notes the motion presented by Cllr Fitzpatrick displays an abject lack of understanding of Education in West Lothian.
Council further notes that:
Investment in West Lothian Secondary Schools under the SNP Government and the current council administration has reached an all time high with major school investment projects including two new secondary schools (Armadale Ac and Deans CHS), three major refurbishment/extension projects (Inveralmond CHS, the James Young HS and St Kentigern’s Ac) as well as extensions being undertaken at Linlithgow Ac and St Margaret’s Ac.
Investment in West Lothian Primary Schools is similarly high profile with many projects including new schools at Pumpherston and Uphall Station, Woodmuir and Simpson primary schools as well as the major refurbishment and extension of Meldrum Primary school. Other substantial projects include new halls and extensions at Williamston, Bankton, Longridge and new classrooms at St Nicholas primary in Broxburn.
Investment in West Lothian Special and Nursery Schools/Classes includes a large new extension at Pinewood School, the new early years centre in Addiewell, the new language unit at Murrayfield primary school and the new nursery classes built at Armadale primary.
The Scottish Futures Trust has played a major role in our current and future Educational plans supplying £2,357,203 for the new Pumpherston and Uphall Station Primary School which has not only enabled this project to go ahead but also assisted this council in being able to allocate the funding necessary to progress the Meldrum and Woodmuir projects. Nationally 300 schools have been built or refurbished under the SNP Government. 705
Class size reductions have been implemented in West Lothian for 36% of children from P1-P3. We have deliberately targeted those areas in most need and have significantly exceeded the targets agreed between Government and CoSLA. Considerable progress has also been made at national level in implementing class size reductions with nearly 22% of children in classes of 18 or less. This is despite the best efforts of some, mainly Labour led councils not to improve the educational chances of the children under their care.
Employment of Teachers remains a high priority in West Lothian. Our Tough Choices consultation gave all stakeholders a say in the service and financial decisions. Amongst the outcomes of this process has been a commitment to prioritise education and retain teachers in pre-school education, to continue to reduce class sizes in P1-P3 and to progress innovative solutions for the senior phase of the curriculum in secondary schools. Similarly, the council has protected schools, reinstating the maintenance budget and reducing the efficiencies required for pupil support workers.
Education remains free for Scottish students under the SNP Government whilst In England, both under Labour and Conservative rule it has not been free, indeed fees are set to increase significantly for those south of the border. Student finance is not a local government responsibility and decisions have yet to be taken by Scottish Government on this issue however it should be noted that vanity projects such as the Edinburgh Trams, forced through parliament by (amongst others) the Labour party, against the wishes of the SNP Government have restricted the money available for other, far more worthy initiatives.
Continuing Professional Development for teachers has always been a priority and strength for West Lothian Council and we have sustained this investment. National conditions of service are currently the subject of on- going review through the Scottish Negotiating Committee for Teachers at which we are represented by CoSLA.
By contrast the Labour group failed to put forward alternatives during the Tough Choices process nor any meaningful budgetary proposals. Their lack of involvement speaks volumes and highlights their consistent approach of criticising those that deliver but offering nothing in return. A party bereft of ideas.”
Moved by Councillor Miller, seconded by Councillor Hutton.
Decision
On a vote being taken, the amendment was successful by 16 votes to 15 votes and it was agreed accordingly. 706
10. NOTICE OF MOTION - SCOTLAND BILL
The Council considered a motion submitted by Councillor McGinty in the following terms:-
“This Council welcomes the Scotland Bill introduced by the UK Government that seeks to enhance the role and responsibilities of the Scottish Parliament and is based on the recommendations of the Calman Commission established by the previous Labour Government.
Council resolves to write to the Secretary of State for Scotland expressing support for the general principles of the Bill and to West Lothian’s Members of Parliament encouraging them to vote for the Bill at its Third Reading.”
Moved by Councillor McGinty, seconded by Councillor Muldoon.
Amendment
“West Lothian Council welcome all moves to genuinely strengthen the powers of the Scottish Parliament and asserts that the people of Scotland have the right to determine the future governance of our country, and must have the final say on all constitutional matters.”
Moved by the Leader of the Council, seconded by Councillor McCarra.
Decision
On a vote being taken, the amendment was successful by 16 votes to 14 votes and it was agreed accordingly.
11. NOTICE OF MOTION - BUS REGULATION
The Council considered a motion submitted by Councillor Muldoon in the following terms:-
“West Lothian Council notes that the current management arrangements for the provision of bus services in Scotland put the interests of the bus companies before those of the bus passengers.
West Lothian Council recalls that before the 2007 election the SNP said they supported bus service regulation but dumped this commitment.
West Lothian Council agrees that the current situation is letting down the people of West Lothian and calls on the next Scottish Government to legislate for the regulation of bus services and to put the needs of passengers first before the profits of the bus companies.”
Moved by Councillor Muldoon, seconded by Councillor Dunn. 707
Amendment
“West Lothian Council notes that basic legislation governing bus operations has been in place since 1986 when it was introduced by the then Conservative Westminster Government. West Lothian Council further notes that at no point did the successor Labour Westminster Governments between 1997 - 2010, or the Labour led Scottish Executive From 1999 - 2007 make any attempts to change this position over a combined period of 21 years in government. Nor was re-regulation promoted by the Labour Party at the recent 2010 UK General Election.
West Lothian Council also notes that contrary to the Labour misrepresentation that the existing SNP national party policy with regard to bus services which was approved in October 2006 is as follows:-
“The SNP recognises the failures of bus deregulation across Scotland and reiterates its support for re-regulation of Scotland's buses. Since deregulation, passenger numbers have fallen and many essential services on less profitable routes have been cut.
“A system of re-regulation will aim to simplify ticketing, halt the system of several companies competing for passengers on the same route and increase overall passenger numbers.
The SNP calls for an integrated public transport system for all modes of public transport in Scotland which will reverse the trends of deregulation - ultimately providing a world-leading and affordable transport system for Scotland's people and tourists alike.”
Not every policy of every party will make it into any given years election manifesto, to pretend otherwise is inherently dishonest and hypocritical. Policies which do are chosen to be a deliverable package within the lifespan of the body being contested, and those which don't represent a philosophical direction of travel and business For future elections and further terms of office.
SNP Scottish Government has already delivered over 90% of its 2007 Election manifesto commitments, and with regard to bus services has:-
x provided £245.8m in support to the bus industry through the core Bus Service Operators Grant and National Concessionary Fare scheme. These widen bus usage and help ensure the future of routes that would not otherwise be continued by bus operators
x extended concessionary travel For pensioners and disabled Scots to also include war veterans, and guaranteed this service for the future
x provided advisory support to councils to enable them to make better use of the existing powers under the Transport (Scotland) 708
Act 2001, which may allow service frequencies, routes, fares and vehicle standards to be specified through entering into statutory Quality Partnerships.
Council further notes that "regulation of bus services" can mean a lot of things, and could take a wide variety of potential forms. It also poses the financial risk in moving all the way to a system where bus companies bid for routes specified by a regulator such as a local authority could mean the public purse having to pay compensation to the private bus companies who lose their current rights to run services. In addition this issue is only one part of the public transport equation.
Council further notes that the current temporary devolution arrangement for Scotland does not give our parliament sufficient powers to address all the issues effecting public transport, and that the current competition commission rules which Frustrate attempts to deliver an integrated public transport system is legally supervised by the UK wide Office of Fair Trading, which reports to Westminster.
West Lothian Council recognises the work to date in exploring how best to improve bus services, and commits to continue:-
x Discussions with Scottish Government officials
x work in conjunction with the Vehicle and Operator Services Agency VOSA and Traffic Commissioner to monitor service delivery.
x increasing the use of "demand responsive transport" services along the lines of Carlink and schemes in other areas to provide public transport at times of day or in rural areas where conventional bus services cannot be justified.
Council recognises that Partnership Working represents the best chance of maximising the effectiveness of both public funding and private sector investment in public transport.
In recognising the limitations of the deregulated bus network West Lothian Council hereby calls for the commissioning of an independent Scottish Government study of the full range of regulation options, their outline costs and benefits for the nation.
In the meantime West Lothian Council resolves to use existing powers to achieve service improvements. Within existing legislation, this could ultimately lead towards a statutory Quality Bus Contract or contracts embracing all of West Lothian under which the council would have greater powers of control.”
Moved by Councillor Day, seconded by Councillor Muir.
Decision 709
On a vote being taken the amendment was successful by 16 votes to 15 votes and it was agreed accordingly.
12. NOTICE OF MOTION - YOUTH UNEMPLOYMENT
The Council considered a motion submitted by Councillor Fitzpatrick in the following terms:-
“West Lothian Council notes that the latest unemployment figures show that 965,000 young people between the ages of 16 to 24 are currently unemployed in the United Kingdom, including 40,000 18 to 24 year olds in Scotland, a rise of 3,100 in a month.
West Lothian Council further notes that this means that one in five young people cannot find a job, an unemployment rate of 20.5%, and that youth unemployment is at its highest in the UK since records began in 1992.
Council recalls the devastating blight of unemployment in West Lothian under the last Tory Government and condemns the abandonment of programmes to provide jobs and training for young people by the current Tory led coalition Westminster Government.
Council notes that when the last Labour Government left office the jobless rate for under 25's was coming down and contrasts the actions taken then with the callous and complacent view of the Tories who have described unemployment as 'a price worth paying'.
West Lothian Council therefore agrees to write to the Chancellor of the Exchequer to condemn the current levels of youth unemployment, to call for an emergency programme of jobs and training opportunities for young people under 25, and to copy the letter to West Lothian Constituency MP's and all other Scottish Local Authorities.”
Moved by Councillor Fitzpatrick, seconded by Councillor Davidson.
Amendment
“West Lothian Council notes the reduction in youth unemployment (16 to 24 year olds, which includes the More Chances, More Choices (MCMC) group from 8.3% in December 2009 to 6.7% in December 2010.
West Lothian Council further notes the continued improvements in the levels of school leavers achieving a positive destination, with West Lothian's negative destinations now at the lowest they have been since 2000-01.
West Lothian Council re-affirms it's commitment to the specialist team supporting young people requiring More Chances, More Choices including Key Workers and 16+ Learning Co-ordinators plus the Skills for 710
Work which provides additional training opportunities for young people requiring More Chances, More Choices.
West Lothian Council welcomes the award of over £1.5 million of European funding towards the proposed Community Planning partnership's "Employability and Skills Pipeline" and "Connecting Communities" initiatives which will have a specific focus on assisting those aged under 25 into or towards employment.
West Lothian Council also welcomes the SNP Scottish Government's announcement of a £10 million investment for 2011-12 in Community Jobs Scotland, that will support 16-24 year olds unemployed for six months or more into a job within a third sector organisation in their community.
West Lothian Council also welcomes the SNP Scottish Government’s announcement of an additional £5 million of support via Skills Development Scotland to provide employers with £1000 to take on 18-25 year olds unemployed for more than six months.
West Lothian Council further welcomes the SNP Scottish Government’s announcement in the 2011-12 budget of an increase in the number of training opportunities to 46,500 – including 25,000 modern apprenticeships, the highest ever number in Scotland; and 2,000 flexible training opportunities – taking the total to 7,000, to support smaller businesses seeking to invest in training.
West Lothian Council condemns the Labour Party for voting against the 2011-12 Scottish Budget and so failing to support the provision of Scotland’s highest ever number of modern apprenticeships and further condemns the blatant hypocrisy of the Labour Party who pretend to champion the cause of youth employment but vote against SNP proposals to deliver better employment opportunities for our young people.
West Lothian Council affirms it’s commitment to ensure the maximum take up of these employment and training opportunities by young people from West Lothian.”
Moved by Leader of the Council, seconded by Councillor John.
Decision
On a vote being taken, the amendment was successful by 17 votes to 15 votes and it was agreed accordingly.
13. NOTICE OF MOTION - WELFARE REFORM BILL
The Council considered a motion submitted by Councillor Dixon in the following terms:-
West Lothian Council notes the publication of the Welfare Reform Bill by 711
the Tory led Westminster Coalition Government.
West Lothian Council further notes the intention contained within the provisions of the Bill to replace Disability Living Allowance with a new benefit called Personal lndependence Payment [PIP] which will double the period that someone is required to demonstrate need before they make a claim for benefit from 3 months to 6 months.
Council also notes that the Bill was published the day before the end of the public consultation period on the review of the current Disability Living Allowance system, and believes that in doing so the Tory led Westminster Coalition Government have proven that they pay lip service to the views of the public and partner organisations and are guilty of breathtaking hypocrisy.
West Lothian Council agrees that the replacement of Disability Living Allowance with the proposed Personal lndependence Payment is wrong and harmful to the interests of people with disabilities, agrees with MacMillan Cancer Support that the proposed changes to Disability Living Allowance will result in many cancer patients losing vital support, agrees to write to the Work and Pensions Secretary opposing the replacement of Disability Living Allowance with the Personal Independence Payment's proposal and agrees to copy the letter to West Lothian Constituency MP’s and all other Scottish Local Authorities.”
Moved Councillor Dixon, seconded by Councillor Logue.
The Leader of the Council then suggested that a minor amendment be made to the final paragraph of the motion and that, thereafter, the motion be agreed as a unanimous position.
Decision
The Council unanimously agreed the terms of the motion, but with the removal of the words “and all other Scottish Local Authorities” from the final paragraph.
14. NOTICE OF MOTION – INFLATION
The Council considered a motion submitted by Councillor Findlay in the following terms:-
“West Lothian Council notes that the UK Consumer Prices lndex [CPI] annual inflation rate rose to 4% in January and the Retail Prices lndex [RPI] inflation rate rose to 5.1 %.
West Lothian Council further notes that the CPI inflation rate usually falls in January as a consequence of the January sales and that the 0.1% rise on a monthly basis between December 2010 and January 2011 is the first 712 time since records began in 1997 that inflation has risen between those two months.
West Lothian Council agrees that the disastrous decision of the Tory led Westminster Coalition Government to increase VAT by 2.5% from 4 January had a major affect on increasing the annual inflation rate and will damage the UK economy.
West Lothian Council condemns the economic policies of the Tory Jed Westminster Coalition Government, recognizes the harm these will bring to the people of West Lothian, agrees to write to the Chancellor of the Exchequer urging the Government to abandon their slash and burn approach to the economy, and to copy the letter to West Lothian Constituency MP's and all other Scottish Local Authorities.”
Moved by Councillor Findlay, seconded by Councillor Paul.
Amendment
“West Lothian Council notes that the CPI inflation figures quoted in Cllr. Findlay’s motion are wrong.
Council notes that the correct figure for the CPI increase between December 2010 and January 2011 is actually 0.3%.
Council further notes that Cllr. Findlay’s assertion that,
“That this is the first time since records began in 1997 that inflation has risen between these two months”
Is wrong.
Council notes that between December 2009 and January 2010 (under a Labour Westminster Government) that CPI inflation rose by 0.6%.
Council further notes that the last Labour Westminster Government themselves planned to increase VAT to attempt to redress their fiscal incompetence which has resulted in the UK accumulating unprecedented and unsustainable levels of debt.
Council therefore notes that whether Scotland is subjected to the economic policies of a Westminster Government, either under the tweedledee coalition or tweedledum Labour parties, that our economic growth will be severely handicapped.
Council therefore deplores the Westminster Government’s decision to impose a 2.5% VAT increase and asserts that this tax increase imposes a further burden on our public services which are already under serious threat given the reduction of £1.3 billion in the Scottish government’s budget.
Council further deplores the failure of the Westminster Government to act 713
to reduce fuel prices. Council notes that with the price of oil soaring the Westminster Government is set to gain in excess of £4 billion in additional taxation revenues from Scottish oil fields at the same time as it is planning to increase tax on fuel.
Council calls for a fuel duty regulator to be put in place to protect the interests of hardworking families, the haulage industry and our public services all of whom are under serious threat from unaffordable fuel prices.
Council condemns the economic policies of successive Westminster Governments and recognises the damage these have caused and are causing to the economic well being of West Lothian and Scotland and assets that we will be better served with a Scottish Parliament which has the full economic powers required to protect our country from the economic incompetence of Westminster.”
Moved by Councillor Johnston, seconded by Councillor Glass.
Decision
On a vote being taken, the amendment was successful by 16 votes to 15 votes and it was agreed accordingly.
15. NOTICE OF MOTION - LABOUR MP'S GUILTY VERDICT
Having had sight of the written amendmentwhen it was circulated to members, Councillor Beurskens left the Chambers and took no further part in consideration of this item of business.
Having declared an interest earlier in the meeting, Councillors Davidson, Findlay and Fitzpatrick left the Chambers and took no part in consideration of this item of business.
The Council considered a motion submitted by Councillor Anderson in the following terms:-
“West Lothian Council notes that former Labour MP for Livingston, Jim Devine, has been found guilty of false expense claims and is currently awaiting sentence. Furthermore, Council notes that he lost his much delayed, by himself, Industrial Tribunal yet he continues to blame his former staff for his problems. Council also understands that there are still Tribunals against the former Labour MP outstanding.
Council asserts that this behaviour from an elected member is total unacceptable and tarnishes the reputation of all elected members. Council regrets that both the CLP and the Council Labour Group, defended this individual and were standing by him.” 714
Council therefore:
Writes to West Lothian MP’s urging them to back this Council’s stance.
Write to the Council Labour Group leader asking for an apology to the people of West Lothian for backing the former Livingston MP, knowing these allegations were founded on truth.”
Councillor Anderson indicated that he wished to amend his motion to remove the sentence “Writes to West Lothian MP’s urging them to back this Council’s stance”.
Moved by Councillor Anderson, seconded by Councillor Campbell.
In response to appoint of order by Councillor Morrice, the Chief Legal Officer advised that the legal rules about sub judice did not apply because there was no pending court case in relation to the subject matter of the motion.
Amendment
“West Lothian Council agrees that it is a duty of all individuals in public and elected office to act with probity, honesty and openness and not to seek to benefit improperly from any public or elected office held.
West Lothian Council commends the actions of the Labour Party in taking he appropriate steps to deal with those holding elected office who were charged with serious criminal offences and in the interests of public confidence restates the view that political parties should suspend any elected representative charged with a serious criminal offence.
West Lothian Council further notes that the West Lothian Council Labour Group has never at any time defended improper behaviour by any elected politician, alleged or confirmed, and refutes absolutely any claim to the contrary.”
Moved by Councillor McGinty, seconded by Councillor Swan.
It was agreed that a roll call vote be taken, the result of which was as follows (Councillors Dickson and King having left the meeting):-
Motion Amendment Abstain
Frank Anderson Tom Conn Stuart Borrowman Willie Boyle Jim Dixon John Cochrane Janet Campbell Willie Dunn Tom Kerr Martyn Day Bruce Ferrie Robert De Bold Danny Logue Ellen Glass John McGinty Isabel Hutton Graeme Morrice Carl John Cathy Muldoon 715
Peter Johnston George Paul Greg McCarra Jim Swan Andrew Miller John Muir Jim Walker
Decision
The motion as amended by Councillor Anderson was successful by 13 votes to 10 votes, with 3 abstentions, and it was agreed accordingly.
16. NOTICE OF MOTION - DRUGS IN OUR COMMUNITIES
The Council considered a motion submitted by Councillor Anderson in the following terms:-
“West Lothian Council notes that one of the biggest scourges on our communities is the misuse of drugs and all the associated issues that this brings. Council further notes that elected members have a vital role to play in tackling this scourge in trying to make our communities safer and better.
Council calls on all elected members to accept their responsibilities and to report to the relevant authorities any suspicions they have about drug related activity. Only by everyone playing their part in tackling this issue will the problem be tackled.”
Moved by Councillor Anderson, seconded by Councillor McGinty.
Decision
The Council unanimously approved the terms of the motion.
17. NOTICE OF MOTION - LABOUR GROUP HYPOCRISY
The Council considered a motion submitted by Councillor Anderson in the following terms:-
“West Lothian Council notes the gross hypocrisy of the Labour Party, both nationally and locally, especially the Council Labour Group. Council notes that despite 9 months of consultation on Tough Choices, Labour councillors came forward with not a single alternative to any of the officer recommendations. The Labour Group’s stated position was “we reserve our position until we have had further consultation”. At the Council Budget setting meeting the Labour Group position was that they accepted approx £15 million of the savings within the officer’s recommendations and would like more time to consult, only with the Trade Unions, on £4million of potential savings. 716
Now we see the labour Party saying one thing and doing another. Nationally, at the Scottish Budget, they asked for apprentice places. The SNP Scottish government put in place more apprentice placements than Labour asked for and yet they voted against the Budget. We have seen the Council Labour Group, with the help of their media friends, claim they would not do this or that. We save their blatant misrepresentation of the ‘free milk’, despite the fact that when they were in power they never provided the service no did they question it at the Tough Choices consultation or make an allowance within their Budget proposals. We are in fact seeing the Labour Party opposing for the sake of opposing and taking the attitude “do as we say not as we did”.
Council notes that it will take time to undo the failings of the Labour Party but a start has been made.
Council therefore resolves to:
Continue with its policy of protecting as far as possible, in the face of the ruination of the British economy by the previous Labour Government, frontline services, the vulnerable, our young and elderly.
Continue to target our resources at those in most need, particularly our areas of deprivation.
Write to our West Lothian MSP’s and MP’s and Ian Gray, Labour leader of the Scottish Parliament, asking them to back the priorities of this Council.”
Councillor Anderson indicated that he wished to amend his motion to remove the sentence, “Write to our West Lothian MSP’s and MP’s and Ian Gray, Labour leader of the Scottish Parliament, asking them to back the priorities of this Council”.
Moved by Councillor Anderson, seconded by Councillor Boyle.
In response to a point of order by Councillor McGinty, the Chief Legal Officer advised that the motion was competent in procedural terms.
Amendment
“West Lothian Council agrees that the quality of public debate is best served by Council Motions which reflect reality and add to the public understanding the Council business free from misrepresentation.
Council further agrees that the motion as moved by the SNP led Administration fails miserably to meet either of these standards.
West Lothian Council notes that the Labour Group fully participated in the Tough Choices meetings programme and that the Labour Group put forward an amended budget proposal at the Council Budget Meeting in January which not only provided more money to defend jobs and services that that from the SNP led administration, but was also ruled as financially 717
competent by the Council’s Finance Manager.
West Lothian Council condemns the proposed £81bn of public spending cuts from the Tory led Westminster Government, recognises that these cuts will damage the economy, slash services for the most vulnerable and create unemployment; further condemns the £15m SNP cuts in the West Lothian Council Budget for 2011/12 and notes that will cost at least 400 Council jobs by the end of the budget period and curt much needed public services; supports the call from Labour Shadow Chancellor Ed Balls that the Tory led coalition Government should abandon the recent VAT rise on petrol as a step to ease pressure on hard pressed family budgets and agrees to write to the Chancellor the of the Exchequer and West Lothian MPs calling for support for this position.”
Moved by Councillor McGinty, seconded by Councillor Muldoon.
Decision
On a vote being taken, the motion as amended by Councillor Anderson was successful by 16 votes to 12 votes and it was agreed accordingly.
18. DOCUMENTS FOR EXECUTION
The Chief Solicitor presented 41 deeds for execution.
Decision
That the deeds be executed.
19. RETIREMENT OF DEPUTE CHIEF EXECUTIVE
The Council considered a report by the Chief Executive informing members of the impending retirement of Gordon Ford, Depute Chief Executive – Education, Area Services and Planning and the arrangements for recruiting to the vacant post.
The Chief Executive advised that it was the Depute Chief Executive’s intention to retire from his post at 31st August 2011. Recruitment to the post would be dealt with under arrangements agreed on 9th March 2010 when the council had established a Senior Officer Appointments Committee to deal with all chief officer post vacancies which might occur over the coming three years.
The Council was recommended to:
x note that the Depute Chief Executive had indicated his intention to retire at 31st August 2011; and
x note that the arrangements for recruiting to the post would be dealt 718
with through the Senior Officer Appointments Committee.
The Provost, Leader of the Council, Labour Group Leader, Councillor Glass and Councillor Borrowman all intimated that they would convey best wishes to Gordon at an appropriate time in the future.
Decision
To note the terms of the report.
20. COMPULSORY REDUNDANCY - QUESTION TO THE LEADER OF THE COUNCIL SUBMITTED BY COUNCILLOR FINDLAY
A written question to the Leader of the Council had been submitted by Councillor Findlay in the following terms:-
“In the event of an employee being advised that their jobs is to be dispensed with and they do not volunteer for redundancy they are placed on a redeployment list. If the employee cannot find a position within the defined timescale then within the policy their employment ends and they are made redundant. Therefore, in this situation redundancy is imposed upon them.
Can the Leader of the Council explain the difference between an employee becoming redundant in this manner and an employee being made “Compulsory redundant”?”
The Leader of the Council had submitted a written answer to the question in the following terms:-
“Thank you for your question.
I would firstly wish to remind you that due to the fiscal mismanagement of the UK – by the previous Labour Westminster Government – the budget for the Scottish Government has been cut by £1.3 billion for 2011-12. In the face of unprecedented Westminster Government public spending cuts, the SNP Scottish Government has protected Scottish Government public spending cuts, the SNP Scottish Government has protected Scottish Councils by ensuring that the Local Government share of the Scottish Block for 2011-12 is £11.548 billion, equivalent to a 34.5% share, the same % share as in the current year. Nevertheless, the package of measures put to Scottish councils, through undoubtedly the best available, will mean a reduction of 2.6% in cash terms to the Local Government revenue budget for 2011-12 and for West Lothian Council a shortfall of £15.403 million for the 2011-12 year.
In our preparation for the 2011/12 budget the largest ever West Lothian community consultation exercise was launched in February 2010, despite opposition from the Labour Group, and has now been concluded with the results of this reported to the Council Executive on 23 November 2010. 719
The “Tough Choices” programme provided proposals that would deliver savings of £18.400 million in 2011-12. The Council Executive agreed on 23 November 2010 modernisation and corporate led initiatives, which will deliver savings of £8.659 million over the three years from 2011-12 to 2013-14, which will further protect the sustainable delivery of first class public services.
This Administration recognises that the delivery of first class, sustainable public services to meet the needs of our community must be the overriding priority for this council and has determined that enhancing the quality of our education provision, protecting our environment, keeping our communities safe and strong, improving services for the elderly and vulnerable and maintaining the maximum number of council jobs will be crucial objectives.
I would take this opportunity to comment council staff and unions for their proactive involvement throughout the council’s contingency planning process which has placed West Lothian Council in the strongest possible position to face the financial challenges ahead.
As a direct result of all of the above the Administration gave a formal commitment, on 11th January, that this council will not invoke the draft compulsory redundancy policy in the lifetime of this Administration.
I would also point out that thought the Budget Report highlighted a potential 343 full time equivalent (FTE) job reductions in 2011-12, that Administration proposals, including the reinstatement of £1.963 million of “Tough Choices” options, Schools’ budget increases and this council’s share of the additional Scottish Government money to protect teaching posts will reduce the FTE reduction in 2011-12 by 115 FTE resulting a net reduction jobs in 2011-12 of 228 FTE.
In the lifetime of this Administration therefore there will be no compulsory redundancies.
The job reductions detailed above will be delivered through workforce management policies and procedures unanimously approved by the Council Executive on 28th September 2010. I have attached a copy of the relevant section of the minute of this meeting for your information from which you will note that the Labour Group supported the approval of all of these policies, including the redeployment procedures to which your question refers.
I acknowledge that the Labour Group did oppose the approval of the draft redundancy policy at this meeting.
The Council Executive however approved the Workforce Management Policy and Procedure which is designed to manage the implications of organisational change by seeking to minimise the numbers of employees who may become displaced as a consequence of service restructurings and by maximising the options open to employees who become 720 displaced.
In the event of an employee becoming displaced they will have the ability to consider voluntary severance or early retirement at any stage during the redeployment process, or alternatively be considered for alternative employment under the terms of the policy.
In the event of an employee becoming displaced they will have the ability to consider voluntary severance or early retirement at any stage during the redeployment process, or alternatively be considered for alternative employment under the terms of the policy.
In relation to offers of alternative employment, the council will undertake a search for alternative employment for each displaced employee, with a view to the employee being successful in being appointed to an alternative position within the council.
Compulsory Redundancy would only arise in circumstances where the council is required to implement reductions in the workforce of such a scale that redeployment and other voluntary measures, as set out in the Workforce Management Policy and Procedure, are insufficient to achieve the necessary reductions and as previously stated, thanks to the prudent fiscal management of this Administration, and the active involvement of council staff and unions, there will be no compulsory redundancies in the lifetime of this Administration.
Should a future Administration consider compulsory redundancies then under current policy employees would be selected for redundancy through the application of a fair and non-discriminatory criteria following consultation with the recognised trade unions.
In preparation of such an occasion, the Council Executive approved a draft Redundancy procedure to deal with just this type of scenario, however as indicated at the time this draft Redundancy Procedure has been retained as a contingency measure in the event that the council is faced with future budgetary pressures of such severity that compulsory redundancy cannot be avoided.
Furthermore, any decision to invoke its implementation would require separate approval from the Council Executive.
The Workforce Management Policy and Procedure aims to provide displaced employees with a choice, wherever possible, of accepting an offer of alternative employment and continuing in the council’s employment or alternatively accepting a severance payment where appropriate. Under a Compulsory Redundancy situation the council would be required to impose redundancy on employees, without these options.
MINUTE OF COUNCIL EXECUTIVE OF 28TH SEPTEMBER 2010 721
CONTINGENCY STRATEGY - DRAFT WORKFORCE MANAGEMENT POLICIES AND PROCEDURES
The Council Executive considered a report (copies of which had been circulated) by the Head of Corporate Services to present for approval a suite of four draft workforce management policies and procedures designed to assist in the implementation of the council’s Contingency Strategy.
The report advised that to meet the future financial pressures for the future development of the contingency strategy it had been acknowledged that existing human resources policies were geared towards delivering small-scale organisational change against a background of relatively stable resources.
Therefore the Head of Corporate Resources was instructed to review the current Organisational Change and Severance Policies and to draft a Reduced Hours Policy and Redundancy Scheme for consideration by the Council Executive.
The Head of Corporate Services summarised the policies that were attached to the report as a series of appendices and included the proposed revisions to the Workforce Management Policy and Procedure, Reduced Working Hours, Redundancy Procedures and a Policy on Early Retirement and Voluntary Severance.
The Head of Corporate Services concluded that the draft policies were a key part of the overall contingency strategy, aimed at helping staffing reductions within the council during a period of severe financial and budgetary pressures.
It was recommended that the Council Executive approve: -
x The draft Workforce Management Policy and Procedure;
x The draft Reduced Working Hours Policy;
x The revised Policy on Early Retirement and Voluntary Severance;
x The transitional arrangements set out in Section D.5.4 for staff departing under early retiral and voluntary severance before 1st April 2011; and
The Council Executive was also asked to approve as a draft the proposed Redundancy Procedure. The decision to move from a draft procedure to an active procedure and an agreed implementation date would require separate approval from the Council Executive.
Motion
To approve the terms of the report. 722
- Moved by the Chair and seconded by Councillor Glass
Amendment
To approve the terms of the report but to not proceed with approval of the proposed Redundancy Policy.
- Moved by Councillor McGinty and seconded by Councillor Conn.
Decision
Following a vote the motion was successful by 9 votes to 2 and it was agreed accordingly.”
Councillor Findlay had intimated that he wished to put supplementary questions as provided for in Standing Orders. He did so and the Leader of the Council provided answers to them.
Decision
To note the questions put and answers given.
21. WIND TURBINES - QUESTION TO THE EXECUTIVE COUNCILLOR FOR THE ENVIRONMENT SUBMITTED BY COUNCILLOR MCGINTY
A written question to the Executive Councillor for the Environment had been submitted by Councillor McGinty in the following terms:-
“Can the Executive Councillor provide a breakdown of costs and the total cost of establishing the two wind turbines at the Balbardie Sports Centre, Bathgate?”
Also can he advise how many hours they have been operation since they were completed and the monetary value of energy generated by the wind turbines to date?”
The Executive Councillor for the Environment had submitted a written answer to the question in the following terms:-
“It was at a meeting dated 16 January 2007 of the Policy, Partnership and Resources Committee of West Lothian Council that such wind turbines were approved to be included as part of the project development.
The construction and installation of the wind turbines was budgeted for as part of the overall new Bathgate Swimming Pool project budget.
The total net cost to the Council of the wind turbines, after receipt of a grant from the Energy Savings Trust, was £346,000.
Since approval of the project, the process of obtaining the necessary 723
accreditation permissions to generate and feed-in energy were more complex and time-consuming than initially expected. Accreditation from Ofgem was finally granted November 2010.
The final commissioning processes are currently taking place on site with the installation contractor, electrical engineers and the Utilities Company all in attendance. Full operation should commence on 7 March 2011.
Therefore, although it is disappointing that the turbines have taken longer than anticipated, we look forward to delivering both energy and associated savings in the near future.”
Councillor McGinty intimated that he wished to put supplementary questions as provided for in Standing Orders. He did so and the Executive Councillor for the Environment undertook to provide answers outwith the meeting. The questions related to (i) the commencement of full operation on 7th March 2011; and (ii) the anticipated level of income for the coming year.
Decision
To note the questions put, the answers given and that further answers would be provided later.
22. OLDER PERSON PROJECTS - QUESTION TO THE EXECUTIVE COUNCILLOR FOR SOCIAL POLICY SUBMITTED BY COUNCILLOR DIXON
A written question had been submitted to the Executive Councillor for Social Policy by Councillor Dixon in the following terms:-
“Since the £10 pensioners payment was withdrawn for financial year 2010/2011 a fund of £250,000 was made available to spend on Older Person Projects.
Can the Executive Councillor give a full analysis on how this sum has been utilised and detail the spend to date?”
The Executive Councillor had submitted a written answer in the following terms:-
“Note on use of Senior Citizens Challenge Fund
“Total Annual Fund available £300,000
Expenditure in financial year 2010/11 724
Advice Shop – Pensioner Income Maximisation, 3 posts funded at total cost of £96,453 for full year.
Food Train – Shopping delivery service, £40,000 funding awarded
2010/11 Total Expenditure = £136,453
Total 2010/11 budget unallocated £163,547 – this amount will be carried forward to be used in 2011/12.
Funding requests and projects are considered at the Older Peoples Forum and must be report to Policy Development and Scrutiny panel and are subject to approval by the Council Executive.
Two additional bids have been received.
Financial and Legal Inclusion for Vulnerable Older People from West Lothian Credit Union Forum and West Lothian Financial Inclusion Network. Total bid = £51,000
Dementia Café, to be ran by local groups and communities. Total bid = £30,000.”
Councillor Dixon had intimated that he wished to put supplementary questions as provided for in Standing Orders. He did so and the Provost ruled under Standing Order 11 that the second supplementary question was not related to the principal formal question, and should not be answered.
Decision
To note the questions put and answers given.