-993
Notice of meeting and agenda
Midlothian Council
Venue: Council Chambers, Midlothian House, Dalkeith, EH22 1DN
Date: Tuesday, 27 June 2017
Time: 11:00 - 15:00
John Blair Director of Resources
Contact: Clerk Name: Kyle Clark-Hay Clerk Telephone: 0131 270 5796 Clerk Email: [email protected]
Further Information:
This is a meeting which is open to members of the public.
Recording Notice: Please note that this meeting will be recorded. The recording will be publicly available following the meeting, including publication via the internet. The Council will comply with its statutory obligations under the Data Protection Act 1998 and the Freedom of Information (Scotland) Act 2002.
Page 1 of 324
1 Welcome, Introductions and Apologies
Including any apologies from Members who are unable to attend
2 Order of Business
Including notice of new business submitted as urgent for consideration at the end of the meeting.
3 Declarations of Interest
Members should declare any financial and non-financial interests they have in the items of business for consideration, identifying the relevant agenda item and the nature of their interest.
4 Deputations
No deputations have been received for consideration.
5 Minutes of Previous Meeting
Submitted for approval as a correct record:
5.1 Note of Meeting of Midlothian Council of 23 May 2017 5 - 26
6 Questions to the Council Leader
The following questions have been received for consideration and response by the Council Leader:
6.1 Written Questions To Leader - no1 - report by Director, Resources
6.2 Written Questions To Leader - no2 - report by Director, Resources
6.3 Written Questions To Leader - no3 - report by Director, Resources
7 Motions
The following motions have been received for consideration by the Council:
7.1 Notice of motion - moved by Councillor Hackett and seconded by Councillor Russell
7.2 Notice of motion - moved by Councillor McCall and seconded by Councillor Baird
Page 2 of 324 7.3 Notice of motion - moved by Councillor Parry and seconded by Councillor Johnstone
8 Public Reports
8.1 Schedule of Meeting Dates - report by Director, Resources 39 - 46
8.2 Outside Bodies - Appointments - report by Director Resources 47 - 50
8.3 Social Work Complaints Review Panel - report by Director, Resources 51 - 54
8.4 Business Transformation Steering Group - report by Chief Executive 55 - 58
8.5 TO FOLLOW - Midlothian House - Office Accommodation - report by 59 - 60 Director, Resources
8.6 Audit Scotland Report - Local Government in Scotland - Performance 61 - 72 and Challenges 2017 - report by Chief Executive
8.7 Financial Monitoring 2016-17 – General Fund Revenue - report by 73 - 94 Head of Finance and Integrated Service Support
8.8 Housing Revenue Account - Revenue and Capital Final Outturn 2016- 95 - 102 17 and Capital Plan 2017-18 - 2021-22 - report by Head of Finance and Integrated Service Support
8.9 Annual Treasury Management Report 2016-17 - report by Head of 103 - 128 Finance and Integrated Service Support
8.10 General Services Capital Plan Outturn 2016-17 - report by Head of 129 - 138 Finance and Integrated Service Support
8.11 Financial Strategy 2018-19 to 2021-22 - report by Head of Finance 139 - 158 and Integrated Service Support
8.12 TO FOLLOW - Financial Accounts 2016-17 - report by Head of 159 - 160 Finance and Integrated Service Support
8.13 Community Empowerment Act - Implementation - report by Director, 161 - 166 Education, Communities and Economy
8.14 Single Midlothian Plan 2017-18 - report by Chief Executive 167 - 220
8.15 Midfest - 2017 - report by Director, Resources 221 - 230
8.16 Voluntary Sector Grants - report by Director, Education, Communities 231 - 252 and Economy Page 3 of 324
8.17 Update on Digital Centre for Excellence - Newbattle Community High 253 - 258 School - report by Head of Education
8.18 Saltersgate School Adaptations - report by Head of Education 259 - 266
8.19 Naming of New Centre at Newbattle - report by Head of Property and 267 - 270 Facilities Management
8.20 Update on Current Position of Complaint Handling Procedure - report 271 - 276 by Director, Education, Communities and Economy
8.21 National Mental Health Strategy - report by Joint Director, Health and 277 - 280 Social Care
8.22 Sustainable and Affordable Social Care Services - report by Head of 281 - 316 Service
8.23 Carers Act - report by Joint Director, Health and Social Care 317 - 324
9 Private Reports THE COUNCIL IS INVITED (A) TO CONSIDER RESOLVING TO DEAL WITH THE UNDERNOTED BUSINESS IN PRIVATE IN TERMS OF PART 1 OF SCHEDULE 7A TO THE LOCAL GOVERNMENT (SCOTLAND) ACT 1973 – THE RELEVANT REPORTS AND THEREFORE NOT FOR PUBLICATION; AND (B) TO NOTE THAT NOTWITHSTANDING ANY SUCH RESOLUTION, INFORMATION MAY STILL REQUIRE TO BE RELEASED UNDER THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002 OR THE ENVIRONMENTAL INFORMATION REGULATIONS 2004
9.1 TO FOLLOW - Education Appointments - report by Director, Education, Communities and Economy
9.2 Scottish Government Regeneration Capital Grant Fund – Call for Applications - report by Director, Resources
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Minute of Meeting Item 5.1
Midlothian Council
Date Time Venue 23 May 2017 10am Council Chambers, Midlothian House, Buccleuch Street, Dalkeith
Present:
Councillor Alexander Councillor Baird Councillor Cassidy Councillor Curran Councillor Hackett Councillor Hardie Councillor Imrie Councillor Johnstone Councillor Lay-Douglas Councillor McCall Councillor Milligan Councillor Montgomery Councillor Muirhead Councillor Munro Councillor Parry Councillor Russell Councillor Smaill Councillor Winchester
Religious Representatives (Non-voting observers for Education Business):
In attendance:
Matin Khan
Page 5 of 324 2
1. Welcome, Introductions and Apologies
1.1 It was noted that the Returning Officer (the Chief Executive) would assume the Chair of the meeting until the Provost was elected by the Council under the terms of Section 4(4) of the Local Government (Scotland) Act 1994.
1.2 In light of the terrorist attack in Manchester during the previous evening, the Chief Executive asked that the meeting stand to observe a minute silence in memory of the victims.
1.3 It was noted that apologies had been received from Rev. Ruth Halley and Vic Bourne.
2. Order of Business
2.1 The order of business was confirmed as that which was outlined in the agenda that had been circulated.
2.2 The Clerk further confirmed that when elected, the Provost would confirm whether they would agree to items in item 3.15 to be considered at the meeting.
3. Public Reports
Agenda Report Title Presented by: No. 3.1 Election Return – Midlothian Local Chief Executive Government Election 2017
Outline of report and summary of discussion The Council heard from the Chief Executive who in his capacity as Returning Officer and in terms of Rule 56 of The Scottish Local Government Elections Order referred to the letter circulated which set out the results of the Local Government Elections on 4 May 2017. Further the Chief Executive confirmed that all Councillors concerned had been written to.
In conclusion the Chief Executive offered congratulations to all Councillors on their election.
Decision The Council agreed to note the result
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Report No. Report Title Presented by: 3.2 Declaration of Acceptance of Director, Resources Office of Councillor
Outline of report and summary of discussion The Council heard from the Director, Resources began by offering all Councillors a warm welcome to the first meeting of the Council. The Director, Resources then confirmed that all Members had made their Declaration of Acceptance of Office of Councillor to a Proper Officer of the Council and therefore were eligible to participate at the meeting.
Decision The Council agreed to note the update from the Director, Resources
Report No. Report Title Presented by: 3.3 Election of Provost ; Director, Resources 3.4 Election of Depute Provost; 3.5 Election of Council Leader; 3.6 Election of Depute Council Leader
Outline of report and summary of discussion The Council heard from the Director, Resources who presented a report requesting that, in line with the Local Government (Scotland) Act 1994 and the Council’s Standing Orders, the Council elect a Provost from their number.
The Council then heard from Councillor Imrie who, in order to expedite matters, presented a motion covering items 3.3 to 3.6 of the business before the Council. Councillor Imrie continued that the terms of the motion were as follows: Councillor Montgomery be elected as Provost; Councillor Russell be elected as Depute Provost; Councillor Milligan be elected as Leader and Councillor Muirhead be elected as Depute Council Leader.
Councillor Curran seconded Councillor Imrie’s motion.
Councillor Parry moved that items 3.3 to 3.6 were not taken en bloc and moved that they were taken separately. Councillor Johnstone seconded Councillor Parry’s motion.
The Chief Executive thereafter asked the Council to vote in relation to whether items 3.3 to 3.6 were considered together as per Councillor Imrie’s motion or separately as per Councillor Parry’s motion.
Six Members voted in favour of Councillor Parry’s motion and twelve Members voted in favour of Councillor Imrie’s motion and therefore it was decided that items 3.3 to 3.6 would be considered together.
Following this the Chief Executive asked the Council whether there were further nominations for the positions. Page 7 of 324 4
Councillor Parry moved the following:
Councillor Cassidy be elected as Provost; Councillor Alexander be elected as Depute Provost; and Councillor Johnstone be elected as Depute Leader.
Councillor Johnstone moved that Councillor Parry be elected as Leader.
This motion was seconded by Councillor Cassidy.
Councillor Parry made a further request that a roll call vote be taken which was agreed by six Members which satisfied the Standing Order requirements for a roll call vote.
The Chief Executive confirmed that the Council were voting for either the motion put forward by Councillor Imrie or the amendment put forward by Councillor Parry.
Councillor Parry requested clarification in relation to the governance of the en bloc vote which was provided by the Chief Executive and further the Monitoring Officer confirmed that the vote would be a two stage process with the election of Provost being the first part of the vote and the other positions following. Further the Monitoring Officer confirmed that one vote could carry all items at the same time.
Following this the Council voted as follows:
Name Motion Amendment Moved by Cllr Imrie Moved by Cllr Parry 2nd by Cllr Curran 2nd by Cllr Cassidy Cllr Alexander X Cllr Baird X Cllr Cassidy X Cllr Curran X Cllr Hackett X Cllr Hardie X Cllr Imrie X Cllr Johnstone X Cllr Lay-Douglas X Cllr McCall X Cllr Milligan X Cllr Montgomery X Cllr Muirhead X Cllr Munro X Cllr Parry X Cllr Russell X Cllr Smaill X Cllr Winchester X TOTAL 12 6
Page 8 of 324 5 Decision The Council decided the following: (a) Councillor Montgomery to be elected as Provost (b) Councillor Russell to be elected as Depute Provost (c) Councillor Milligan to be elected as Council Leader (d) Councillor Muirhead to be elected as Depute Council Leader
In accepting the position of Provost, Councillor Montgomery stated that he would take an inclusive approach to provide the best service to the people of Midlothian and further that he would support the running of the Council for the people of Midlothian.
Report No. Report Title Presented by: 3.7 Determine Scheme of Director, Resources Administration and Schedule of Meeting Dates
Outline of report and summary of discussion The Provost referred to the Council Leader who confirmed that in approving the Scheme of Administration moved that the Council:
(a) agree to the implementation of the current Scheme of Administration with the exception of the Business Transformation Steering Group which the Council Leader proposed increase its membership to six Elected Members to provide a better political balance; (b) agree that the previous political party split be rescinded; (c) Continue the schedule of meeting dates to June with a report to be presented to June Council; and (d) Instruct the Director, Resources to initiate a full review of the governance arrangements in consultation with the Political Group Leaders with recommendations to be considered at a future Council meeting.
This motion was formally seconded by Councillor Muirhead.
Decision The Council agreed: (a) To the implementation of the current Scheme of Administration with the exception of the Business Transformation Steering Group which would have an increased membership of six Elected Members to provide a better political balance; (b) That the previous political party split be rescinded; (c) To continue the schedule of meeting dates to June with a report to be presented to June Council; and (d) To instruct the Director, Resources to initiate a full review of the governance arrangements in consultation with the Political Group Leaders with recommendations to be considered at a future Council meeting.
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6 Action Director, Resources
Report No. Report Title Presented by: 3.8 Appointment of Members in Director, Resources Accordance with the Scheme of Administration; 3.9 Appointment of Representatives to Joint Committees, Joint Boards and Outside Bodies; 3.10 Election of Members of the Midlothian Licensing Board; 3.11 Midlothian Integration Joint Board – Appointment of Voting Members and Vice-Chair
Outline of report and summary of discussion The Council heard from the Council Leader who proposed that items 3.8 to 3.11 in the agenda for the meeting were considered en bloc and in doing so circulated the Labour Group’s proposal for these items. Following this Councillor Milligan formally moved that items 3.8 to 3.11 were considered en bloc as per the paper that had been tabled.
Councillor Muirhead formally seconded the proposal.
The Council then heard from Councillor Parry who moved the SNP Group’s amendment for the items under consideration.
The Council then heard from Councillor Winchester who presented the Scottish Conservative Group’s proposals for the items under consideration.
Six Members voted for the amendment and twelve Members voted for the motion which therefore became the decision of the Council.
The Council further welcomed Mr Matin Khan who was present at the meeting as the 3 rd Religious Representative.
Decision The Council agreed to: a) Populate the Committees under the Scheme of Administration as per appendix 1 to the minute; b) Confirm the representation on the Midlothian Licensing Board and Midlothian Integration Joint Board as per appendix 1 to the minute; c) Populate the Representatives to Joint Committees, Joint Boards and Outside Bodies as per appendix 2 to the minute; d) The appointment of the three Religious Representatives to the Cabinet; e) The Religious Representatives continue to sit at Council meetings and at the invitation of the Provost speak in respect of education matters but have no voting rights. Page 10 of 324 7
Action Director, Resources
Report No. Report Title Presented by: 3.12 Midlothian Local Licensing Forum Director, Resources
Outline of report and summary of discussion The Council heard from the Provost who requested that the Council consider the re-appointment of existing members to serve on the Midlothian Local Licensing Forum.
Decision The Council agreed to: a) Approve the re-appointment of the existing members to serve on the Midlothian Local Licensing Forum.
Action Director, Resources
Report No. Report Title Presented by: 3.13 Scheme of Councillors’ Director, Resources Remuneration
Outline of report and summary of discussion The Council heard from the Council Leader who proposed that the Senior Councillors – excluding the Provost and Council Leader – to be:
• Depute Provost • Depute Leader • Cabinet members (other than Council Leader and Depute Council Leader) • Group Leader for the SNP Group • Group Leader for the Scottish Conservative Group
Decision The Council approved the proposal as per the Council Leader.
Action Director, Resources
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3.14 Minutes of Previous Meetings
At its last meeting on 28 March 2017, the previous Council agreed to invoke Standing Order 7.13 in respect of all outstanding minutes of meetings which had not at that date been considered and approved by their respective Committees
Meeting Date of Proposer Seconder Meeting Special Midlothian 28 March Cllr Imrie Cllr Milligan Council 2017 Midlothian Council 28 March Cllr Imrie Cllr Milligan 2017 Special Cabinet 28 February Cllr Johnstone Cllr Parry 2017 Cabinet 28 February Cllr Johnstone Cllr Parry 2017 Special Cabinet 14 March Cllr Johnstone Cllr Parry 2017 Planning Committee 28 February Cllr Muirhead Cllr Russell 2017 General Purposes 31 January Cllr Muirhead Cllr Imrie Committee 2017 General Purposes 28 March Cllr Imrie Cllr Muirhead Committee 2017 Appeals 9 March 2017 Cllr Muirhead Cllr Russell Local Review Body 7 March 2017 Council approved Performance, Review 7 March 2017 Cllr Muirhead Cllr Milligan and Scrutiny Committee Special Performance, 8 March 2017 Cllr Muirhead Cllr Russell Review and Scrutiny Committee Special Performance, 8 March 2017 Council Review and Scrutiny approved Committee Audit 21 March 2017 Council approved
3.15 Items of urgent business to be considered
The Provost agreed that the following items of urgent business be considered:
Report No. Report Title Presented by: 3.15.1 Midlothian Integration Joint Board Joint Director, Health and – Delegation of Resources Social Care 2016/17
Outline of report and summary of discussion The Council heard from the Joint Director, Health and Social Care who presented a report confirming approval for the anticipated final level of resources to be Page 12 of 324 provided by the Council to the Midlothian Integration Joint Board for the financial 9 year 2016/17.
Decision The Council agreed to: a) Approve the delegation of additional resources, estimated at £1.151 million, to the MIJB for 2016/17 for the provision of delegated functions; and b) Note that the final outturn position is an improvement of £0.666 million from that previously reported to Council on 7 February 2017.
Action Joint Director, Health and Social Care
Motion Motion Title Proposed by: Seconded by: No. 3.15.2 Police Community Councillor Council lor Teams Muirhead Montgomery
Motion: Midlothian Council recognises that the removal of funding for the Police Community Teams by the previous Council Administration was extremely unpopular with Midlothian residents who saw the value of the additional expenditure on this Police resource.
The last few months, over which the Community Action Teams were being phased out, has coincided with a significant rise in highly visible anti-social behaviour and damage to property across a number of our towns, placing massive pressure on existing police resources.
Council therefore agrees the principle of the reinstatement of the funding of the 2 Community Action teams and instructs officers to negotiate with Police Scotland to determine the following: • The timescales required for this to be achieved. • The cost of implementation in the current financial year. • The annual cost of implementation in future years. • The basis of a service level agreement between the Council and Police Scotland, which ensures, and is able to evidence, that the funding used will provide police officers in addition to that which is available through centrally funded resources.
Council expects the results of the negotiations to be presented to the next full meeting of Midlothian Council, or a soon as possible thereafter, with a view to then obtaining a final decision on the reinstatement at that point.
Summary of discussion Prior to the motion being heard the Provost asked for a show of hands to approve the suspension of Standing Orders to allow the motion to be heard. Twelve Members voted to approve the suspension of Standing Orders which therefore Page 13 of 324 satisfied the requirement under Standing Orders. 10
Councillor Muirhead then presented the motion citing public support for a reversal of the decision specifically in relation to the increase of instances of crime in Midlothian. Councillor Muirhead further cited evidence from recent Police and Fire and Rescue Board meetings in relation to the impact of removal of the Community Action Teams.
Councillor Parry then spoke about the importance of prevention activity in relation to reduction to crime and expressed hope that all options would be considered in preparation of the future paper to Council.
The Council then heard from the Provost who confirmed his reasoning for supporting the motion including the level of crime in Penicuik and further confirmed his commitment to the re-introduction of the Community Action Teams.
Following this the Council voted on the motion. Twelve Members voted for the motion and six Members abstained therefore the motion was carried. .
Decision The Council agreed to the principle of the reinstatement of the funding of the two Community Action teams and instructed officers to negotiate with Police Scotland to determine the following: • The timescales required for this to be achieved. • The cost of implementation in the current financial year. • The annual cost of implementation in future years. • The basis of a service level agreement between the Council and Police Scotland, which ensures, and is able to evidence, that the funding used will provide police officers in addition to that which is available through centrally funded resources.
The Council agreed that it expects the results of the negotiations to be presented to the next full meeting of Midlothian Council, or a soon as possible thereafter, with a view to then obtaining a final decision on the reinstatement at that point.
Action Joint Director, Health and Social Care
1. Exclusion of Members of the Public
No reports were considered in private at this meeting.
Page 14 of 324 Item 5.1 Midlothian Council
Office Bearers and Committee Membership under the Standing Orders and Scheme of Administration following the Council decision on 23 May 2017.
Provost – Councillor Adam Montgomery Depute Provost – Councillor Margot Russell Council Leader – Councillor Derek Milligan Depute Council Leader – Councillor Jim Muirhead
Committees /Boards Membership/Notes
(1) Cabinet (quorum of 3 5 Elected Members:- Elected Members) (1) Cllr Derek Milligan
(2) Cllr Jim Muirhead
(3) Cllr Stephen Curran
(4) Cllr John Hackett
(5) Cllr Russell Imrie
And for Education business, the 3 Religious Representatives:-
(1) Church of Scotland - Rev. Ruth Halley; (2) Roman Catholic Church - Victor Bourne; (3) ‘3 rd ’ Religious Rep - Matin Khan
(2) Performance Review and 13 non-Cabinet Members:- Scrutiny Committee (quorum of 3 Elected Members) (1) Cllr Adam Montgomery
(2) Cllr Margot Russell
(3) Cllr Kelly Parry
(4) Cllr Pauline Winchester
(5) Cllr Catherine Johnstone
(6) Cllr Janet Lay-Douglas
(7) Cllr Dianne Alexander
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(8) Cllr Andrew Hardie
(9) Cllr Kenneth Baird
(10) Cllr Kieran Munro
(11) Cllr Colin Cassidy
(12) Cllr Peter Smaill
(13) Cllr Debbi McCall
(3) Audit Committee (quorum of 8 comprising 6 Elected Members; an 3 Elected Members plus the independent Chair and; an Independent non- Independent Chair when voting person on the following basis:- appointed) (1) Independent Chair – (appointed by the Council on a report by the Chief Executive, following public advertisement of the position –
(2) (Labour) – Cllr Derek Milligan
(3) (Labour) – Cllr Jim Muirhead
(4) (SNP) – Cllr Kenneth Baird
(5) (SNP) – Cllr Kelly Parry
(6) (Scottish Conservatives) – Cllr Andrew Hardie
(7) Scottish Conservatives) – Cllr Peter Smaill
(8) Independent non-voting person (appointed by the Council on a report by the Chief Executive, following public advertisement of the position) who at the invitation of the Chair can comment on all aspects of the Committee’s business -
(4) Planning Committee All Elected Members (quorum of 6 Elected Members)
Page 16 of 324 (5) Local Review Body (quorum 10 Elected Members of 3 Elected Members)
(1) (Labour) – Cllr Russell Imrie
(2) (Labour) – Cllr Derek Milligan
(3) (Labour) – Cllr Adam Montgomery
(4) (Labour) – Cllr Jim Muirhead
(5) (SNP) – Cllr Colin Cassidy
(6) (SNP) – Cllr Kenneth Baird
(7) (SNP) – Cllr Dianne Alexander
(8) (Scottish Conservatives) – Cllr Janet Lay- Douglas
(9) (Scottish Conservatives) – Cllr Kieran Munro
(10) (Scottish Conservatives) – Cllr Peter Smaill
(6) General Purposes All Elected Members Committee (quorum of 6 Elected Members)
(7) Petitions Committee (quorum 6 Elected Members of 3 Elected Members) (1) (Labour) – Cllr Stephen Curran
(2) (Labour) – Cllr Margot Russell
(3) (SNP) – Cllr Kenneth Baird
(4) (SNP) – Cllr Colin Cassidy
(5) (Scottish Conservatives) – Cllr Pauline Winchester
(6) (Scottish Conservatives) – Cllr Kieran Munro
Page 17 of 324 (8) Appeals Committee (quorum 9 Elected Members (plus one religious of 3 plus one religious representative when dealing with cases representative when dealing involving teachers) on the following basis:- with cases involving teachers) (1) (Labour) – Cllr Russell Imrie
(2) (Labour) – Cllr Adam Montgomery
(3) (Labour) – Cllr Jim Muirhead
(4) (Labour) – Cllr Margot Russell
(5) (SNP) – Cllr Kenneth Baird
(6) (SNP) – Cllr Colin Cassidy
(7) (SNP) – Cllr Catherine Johnstone
(8) (Scottish Conservatives) – Cllr Pauline Winchester
(9) (Scottish Conservatives) – Cllr Peter Smaill
(9) Standards Committee 6 Elected Members and an independent (quorum of 3 Elected Members Chair:- plus the Independent Chair)
(1) Independent Chair (appointed by Council following a report by the Chief Executive after public advertisement of the position) –
(2) (Labour) - Cllr Derek Milligan
(3) (Labour) – Cllr Jim Muirhead
(4) (SNP) – Cllr Colin Cassidy
(5) (SNP) – Cllr Dianne Alexander
(6) (Scottish Conservatives) – Cllr Pauline Winchester
(7) (Scottish Conservatives) – Cllr Peter Smaill
Page 18 of 324 (10) Education Appeals Will comprise 5 persons as follows:- Committee (quorum of 5, however in the event that a • 3 Elected Members/religious member of the Committee has representatives; and to leave during an appeal, the • 2 non-elected Members who meet the Committee may continue, statutory criteria, one of whom shall be the provided the parties to the chair appeal so agree and the reduced membership complies Elected Members:- with the relevant statutory conditions including that the (1) Labour – Cllr Jim Muirhead Elected Members/religious representatives shall not (2) SNP – Cllr Kenneth Baird outnumber the other members by more than 1) (3) Scottish Conservatives – Cllr Janet Lay- Douglas
(11) Education Appointment 3 Elected Members/Religious Representative Committee (quorum of 2 plus other statutory persons. members nominated by the Council and 2 from the Parent Elected Members:- Council, plus the Head Teacher where required. (1) Labour – Cllr Jim Muirhead Notwithstanding this, every effort should be made to secure (2) SNP – Cllr Kenneth Baird the maximum possible attendance of members) (3) Scottish Conservatives – Cllr Janet Lay- Douglas
(12) Police and Fire and Rescue 6 Elected Members Board (quorum of 3 Elected Members) (1) Labour – Cllr Stephen Curran
(2) Labour – Cllr Jim Muirhead
(3) SNP – Cllr Kelly Parry
(4) SNP – Cllr Colin Cassidy
(5) Scottish Conservatives – Cllr Peter Smaill
(6) Scottish Conservatives – Cllr Kieran Munro
Page 19 of 324 Others
(13) Midlothian Joint 4 Cabinet Members (the Trade Unions Consultative Group (quorum of nominate 12 representatives):- 2 Cabinet Members and 4 Trade Union representatives with (1) Cllr Stephan Curran substitute Cabinet Members and Trade Union representatives (2) Cllr Russell Imrie allowed) (3) Cllr Derek Milligan
(4) Cllr Jim Muirhead
(14) Welfare Reform Elected 6 Elected Members Members Working Group (quorum of 3 Elected Members) (1) Labour – Cllr Stephen Curran
(2) Labour – Cllr John Hackett
(3) SNP – Cllr Debbi McCall
(4) SNP – Cllr Kelly Parry
(5) Scottish Conservatives – Cllr Pauline Winchester
(6) Scottish Conservatives – Cllr Janet Lay- Douglas
(15) Business Transformation 6 Elected Members Steering Group (BTSG) (quorum of 3 Elected Members) (1) Labour – Cllr Derek Milligan
(2) Labour –Cllr Jim Muirhead
(3) SNP – Cllr Kelly Parry
(4) SNP – Cllr Colin Cassidy
(5) Scottish Conservatives – Cllr Pauline Winchester
(6) Scottish Conservatives – Cllr Janet Lay- Douglas
Page 20 of 324 (16) Elected Member Joint Leader and Depute Leader of Council together Liaison Group – Shared with Chief Executive and Executive Directors – Services With East Lothian Council Leader of Council – Cllr Derek Milligan Depute Leader of Council – Cllr Jim Muirhead
Other Boards:
Midlothian Licensing Board
10 Members
(1) Labour – Cllr Russell Imrie (2) Labour – Cllr Adam Montgomery (3) Labour – Cllr Derek Milligan (4) Labour – Cllr Margot Russell (5) SNP - Cllr Dianne Alexander (6) SNP - Cllr Colin Cassidy (7) SNP - Cllr Catherine Johnstone (8) Scottish Conservatives - Cllr Pauline Winchester (9) Scottish Conservatives - Cllr Janet Lay-Douglas (10) Scottish Conservatives - Cllr Peter Smaill
Midlothian Integration Joint Board
4 Members
(1) Labour – Cllr Derek Milligan (Proxy – Cllr Margot Russell) (2) Labour – Cllr Jim Muirhead (Proxy – Cllr John Hackett) (3) SNP – Cllr Catherine Johnstone (Proxy – Cllr Kenneth Baird) (4) Scottish Conservatives – Cllr Pauline Winchester (Proxy – Cllr Janet Lay- Douglas)
Page 21 of 324
Page 22 of 324 Item 5.1
NAME OF ORGANISATION MEMBER 1 MEMBER 2 MEMBER 3 MEMBER 4 MEMBER 5 MEMBER 6
Alliance (formerly the Coalfield Communities Campaign) Voting Member -Cllr Curran Observer - Cllr Imrie Substitute - Cllr Russell N/A N/A N/A
Association for Public Service Excellence (APSE) - Cllr Russell Cllr Winchester N/A N/A N/A N/A
Borders Railway Stakeholder Group Cllr Milligan N/A N/A N/A N/A N/A
Carer's Scotland Cllr Russell N/A N/A N/A N/A N/A
Community Safety and Justice Partnership Board Cllr Curran Cllr Russell Cllr Parry Cllr McCall Cllr Winchester Cllr Smaill
Corporate Parenting Board Cllr Muirhead Cllr Lay-Douglas N/A N/A N/A N/A
COSLA - Leader's Group Cllr Milligan N/A N/A N/A N/A N/A
COSLA - Convention Cllr Imrie Cllr Parry Cllr Winchester N/A N/A N/A
Dalkeith and District Citizen's Advice Bureau Cllr Cassidy Cllr Curran Cllr Russell N/A N/A N/A
Dalkeith Arts, Music and Events (DAME) Cllr Cassidy Cllr Curran Cllr Russell N/A N/A N/A
Dean Tavern Trust, Newtongrange Cllr Muirhead N/A N/A N/A N/A N/A
East of Scotland European Consortium Cllr Imrie N/A N/A N/A N/A N/A Head of Communities and Easter Bush Development Board Cllr Imrie Economy N/A N/A N/A N/A
Edinburgh Airport Consultative Committee Cllr Imrie N/A N/A N/A N/A N/A Edinburgh and Lothian Area Tourism Partnership Cllr Montgomery N/A N/A N/A N/A N/A Edinburgh and Lothian Racial Equality Council (Observer) Cllr Hackett N/A N/A N/A N/A N/A
Edinburgh and Lothians Greenspace Trust Cllr Imrie Cllr Smaill N/A N/A N/A N/A Edinburgh, Leith and District Battalion of the Boys' Brigade Cllr Montgomery N/A N/A N/A N/A N/A Elected Member Joint Liaison Group - Shared Services with East Lothian Council Cllr Milligan Cllr Muirhead N/A N/A N/A N/A Family Reachout Project - Mayfield Management Committee (run by Midlothian Cllr Hackett N/A N/A N/A N/A N/A
Gladhouse Reservoir Advisory Committee Cllr Muirhead N/A N/A N/A N/A N/A Gorebridge Conservation Area Regenetation Scheme (CARS) Cllr Muirhead Cllr Johnstone Cllr Munro N/A N/A N/A
Handicabs (Lothian) Cllr Imrie N/A N/A N/A N/A N/A Page 23 of 324 NAME OF ORGANISATION MEMBER 1 MEMBER 2 MEMBER 3 MEMBER 4 MEMBER 5 MEMBER 6
Heriot-Watt University General Convocation Cllr Muirhead Cllr Smaill N/A N/A N/A N/A Lothian Buses plc (Authorised Council representative for General Meetings) Head of Commercial OperationsN/A N/A N/A N/A N/A
Lothian Electoral Joint Committee Cllr Russell Cllr Hardie N/A N/A N/A N/A
Lothian Mineworkers Convalescent Home Cllr Russell Cllr Montgomery N/A N/A N/A N/A
Lothian NHS Board Cllr Milligan N/A N/A N/A N/A N/A
Lothian Valuation Joint Board Cllr Russell Cllr Winchester N/A N/A N/A N/A Lowland Reserve Forces and Cadets Association Cllr Montgomery N/A N/A N/A N/A N/A
Mavisbank Trust Cllr Imrie Cllr Smaill N/A N/A N/A N/A Midlothian and East Lothian Chamber of Commerce Cllr Imrie N/A N/A N/A N/A N/A
Midlothian Association of Play Cllr Russell N/A N/A N/A N/A N/A
Midlothian Access Forum Core Group Cllr Imrie Cllr Montgomery N/A N/A N/A N/A
Midlothian Chamber of Commerce - Director Cllr Imrie N/A N/A N/A N/A N/A Midlothian Forum for Parents with Children who have Special Needs Cllr Muirhead N/A N/A N/A N/A N/A Midlothian Indoor Bowling Club (Members from Ward 3) Cllr Cassidy Cllr Russell Cllr Curran N/A N/A N/A
Midlothian Twinning Association VACANCY - Chair GP Cllr Russell VACANCY - SNP Cllr Lay-Douglas Midlothian Voluntary Action ( Honorary President + one other) Cllr Montgomery Cllr Russell N/A N/A N/A N/A Nuclear Free Local Authorities (Scotland) and Nuclear Free Local Authorities (NFLA) Cllr Imrie N/A N/A N/A N/A N/A
Newbattle Abbey College Cllr Munro N/A N/A N/A N/A N/A
Penicuik and District YMCA/YWCA Cllr Montgomery N/A N/A N/A N/A N/A Plus a Trading Standards Penicuik Citizens Advice Bureau Cllr Montgomery Officer N/A N/A N/A N/A
Pentland Hills Regional Park Advisory Group Cllr Hardie N/A N/A N/A N/A N/A Pentland Hills Regional Park Joint Committee (3 Members from Ward 4) Cllr Imrie Cllr Parry Cllr Winchester N/A N/A N/A
Project Penicuik Cllr Montgomery N/A N/A N/A N/A N/A
Scotland Excel Joint Committee Cllr Milligan N/A N/A N/A N/A N/A
Scottish Accident Prevention Council Cllr Imrie N/A N/A N/A N/A N/A Scottish Enterprise (East) Regional Advisory Board (appointment is rotational with 3 other Councils) Cllr Imrie N/A N/A N/A N/A N/A South East Scotland Area Support Team (Childrens Hearings Scotland) Cllr Muirhead N/A N/A N/A N/A N/A
South East of Scotland Transport Board (SEStran) Cllr Imrie Cllr Smaill N/A N/A N/A N/A
South East Scotland Strategic Development Planning Authority (SESplan) Cllr Imrie Cllr Winchester N/APage 24 of 324 N/A N/A N/A NAME OF ORGANISATION MEMBER 1 MEMBER 2 MEMBER 3 MEMBER 4 MEMBER 5 MEMBER 6
Scottish Provosts' Association Cllr Montgomery N/A N/A N/A N/A N/A Scout Association (South East Scotland area) Cllr Montgomery N/A N/A N/A N/A N/A
Torness Local Liaison Committee Cllr Imrie N/A N/A N/A N/A N/A
Tyne-Esk LEADER - Local Action Group Cllr Imrie N/A N/A N/A N/A N/A
Veterans Champion Cllr Montgomery N/A N/A N/A N/A N/A Zero Waste Edinburgh and Midlothian Strategic Forum Cllr Imrie N/A N/A N/A N/A N/A
Page 25 of 324
Page 26 of 324 Item 6.1 Midlothian Council 27 June 2017
Written Question to Leader of the Council
Report by John Blair, Director, Resources
1. Question to the Leader of the Council
In terms of Standing Order 4.3(vii), the following written question has been received from Councillor McCall:-
What steps has the Leader taken to assess whether any buildings in Midlothian are clad in the type of cladding used in the Grenfell Tower tragedy, or similarly dangerous coatings, and what steps is the leader taking to address the findings?
2. Recommendation
The Leader of the Council is invited to respond to the question.
19 June 2017
Report Contact: Kyle Clark-Hay Tel: 0131 270 5796 e:mail [email protected]
Page 27 of 324
Page 28 of 324 Item 6.2 Midlothian Council 27 June 2017
Written Question to Leader of the Council
Report by John Blair, Director, Resources
1. Question to the Leader of the Council
In terms of Standing Order 4.3(vii), the following written question has been received from Councillor Parry:-
(1) To acknowledge the fact that Midlothian Council achieved the highest percentage of equal representation of any local authority in Scotland at the May 2017 local elections, with 39% of women elected, rising from 24% in 2012. (2) Whether he thinks it is appropriate that he has chosen to appoint only male elected members to Cabinet positions of the Council and to all appointments at COSLA, ignoring the request from COSLA for a gender balance of elected members to represent local authorities at their meetings, thus ironically making Midlothian Council the most male run of local authorities in Scotland? (3) This being a missed opportunity to encourage and promote equal representation in Scottish politics to reconsider these decisions as a matter of urgency.
2. Recommendation
The Leader of the Council is invited to respond to the question.
19 June 2017
Report Contact: Kyle Clark-Hay Tel: 0131 270 5796 e:mail [email protected]
Page 29 of 324
Page 30 of 324 Item 6.3 Midlothian Council 27 June 2017
Written Question to Leader of the Council
Report by John Blair, Director, Resources
1. Question to the Leader of the Council
In terms of Standing Order 4.3(vii), the following written question has been received from Councillor Parry:-
What is the full nature of the agreement between Midlothian Labour and the Conservatives to allow it to maintain an administration, and which Conservative Councillors will receive additional allowances as a result of appointments to Committees, external bodies or changes to Councillors rates of pay as a result of decisions taken by the Administration or the Council.
2. Recommendation
The Leader of the Council is invited to respond to the question.
19 June 2017
Report Contact: Kyle Clark-Hay Tel: 0131 270 5796 e:mail [email protected]
Page 31 of 324
Page 32 of 324 Item 7.1
Midlothian Council Tuesday 27 June 2017
Notice of Motion
Midlothian Council wishes to congratulate Danielle Rowley on her election as the first female Member of Parliament for the Westminster Constituency of Midlothian. We look forward to working with her on behalf of the people of Midlothian.
Furthermore, Midlothian Council offers our appreciation to all the candidates that contested the election for their positive and respectful campaigns.
Moved
Councillor John Hackett
Seconded
Councillor Margot Russell
Page 33 of 324
Page 34 of 324 Item 7.2
Motion to Midlothian Council
27 June 2017
That Midlothian Council condemns the so-called rape clause in the UK Government’s welfare reforms to child tax credits, which require victims of rape seeking to claim child tax credits to prove to the Department for Work and Pensions that their third child was born as a result of non- consensual sex; considers it barbaric that rape victims from Midlothian should be compelled to recount their abuse via an eight-page claimant form in order to claim welfare and further commends what it sees as cross-party support from Scottish Labour.
The Council applauds the principled decision that Rape Crisis Scotland and Scottish Women’s Aid have taken to refuse to comply with a policy that is coercive and damaging to women and this council will write to Midlothian and East Women's Aid to offer to support their approach; the leader of the Council will also write to the Prime Minister and ask for an end to the policy of the ‘rape clause’ and ‘family cap’ to protect victims of rape and sexual abuse from untold distress and trauma arising from what it considers the cruel and callous welfare reforms of the Conservative Government.
Proposed By:
Councillor Debbi McCall
Seconded By:
Councillor Kenneth Baird
Page 35 of 324
Page 36 of 324 Item 7.3
Motion to Midlothian Council
27 June 2017
Midlothian Council congratulates the success of Gala Days, Festival's and Community Events held across Midlothian, and appreciates that these events bring together Midlothian's communities, require a huge effort from dedicated community champions as well as parents, carers, schools, children and other participants and recognises that these events could not take place without the help of volunteers who assist throughout the year as well as on the day.
Midlothian Council appreciates that these events are uplifting for Midlothian’s Communities, values these traditions and wishes to congratulate and thank everyone involved.
Proposed By:
Councillor Kelly Parry
Seconded By:
Councillor Catherine Johnstone
Page 37 of 324
Page 38 of 324 Midlothian Council 27 June 2017 Item 8.1
Schedule of Meeting Dates
Report by John Blair, Director, Resources
1 Purpose of Report
At its meeting of 23 May 2017, Council agreed to continue the discussion of item 3.7 Scheme of Administration and Schedule of Meeting Dates at the Council meeting on 27 June 2017.
2 Background
2.1 At its meeting of 23 May, the Council Leader proposed that in approving the recommendations in item 3.7 Scheme of Administration and Schedule of Meeting Dates (Appendix 1), the decision in relation to the schedule of meeting dates should be continued to the Council meeting in June 2017 with the approval that the schedule for meetings in the interim period being approved. This was to allow the Council time to review the schedule in line with Councillors diaries and commitments. This proposal was agreed by the Council.
2.2 Council is now recommended to approve the schedule of meeting dates as outlined in the report attached as appendix 1 to this paper.
3 Report Implications
3.1 Resource Implications
There are no Resource implications in relation to this report.
3.2 Risk Implications
If the Council is unable to agree a schedule of meeting dates for Council, Cabinet and Committee meetings, key decisions are unable to be made and the Council is unable to fulfill its obligations.
3.3 Policy Implications
Strategy There are no strategy implications arising from this report.
Consultation No consultations have been undertaken in connection with this report.
Equalities An equalities impact assessment is not required in connection with this report.
Sustainability There are no sustainability implications arising from this report. Page 39 of 324
4 Recommendations
The Council is invited to:
(a) Approve the schedule of meeting dates as contained in the report attached to this paper.
Appendices:
Appendix 1 – Council meeting 23 May 2017 – item 3.7 – Scheme of Administration and Schedule of Meeting Dates.
4 June 2017
Report Contact: Kyle Clark-Hay Tel No 0131 270 5796 [email protected]
Page 40 of 324 Midlothian Council Tuesday 23 May 2017 Item 8.1 Item 3.7
Determine Scheme of Administration and Schedule of Meeting Dates
Report by John Blair, Director, Resources
1 Purpose of Report
This report is brought forward in terms of Standing Order 4.1 (viii), which requires the Council at its first meeting after the elections to determine the Scheme of Administration (SOA) and consider an associated schedule of meeting dates.
The SOA remains in force from the outgoing Council until such time as any changes are made.
2 Background
2.1 The SOA in essence sets out the decision-making structure of the Council (i.e. Committees, Sub-Committees, etc), but also incorporates certain other meetings, for example as required by statute.
2.2 Following the determination of the SOA, the Council is then asked to appoint Members to the various Committees etc identified within the Scheme.
3 Scheme of Administration
3.1 Midlothian Council has adopted Standing Orders to regulate its proceedings and the SOA appears as an appendix to Standing Order 7. The SOA sets out:-
• the composition of the Council and the various Committees, Sub-Committees and other bodies etc appointed ; • what each can do; • the arrangements for their meetings; • what the quorum is; and • what is to happen to their minutes.
3.2 Unless otherwise covered by statute or regulation, all bodies referred to in the Scheme of Administration must give effect to any instructions or decisions of the Council on matters of principle.
3.3 The current Scheme of Administration reflects the political make up of the Council prior to the Local Government Elections in May 2017 It is therefore recommended that the previous political party/independent composition split contained within the scheme of administration in respect of each committee make up should be rescinded to reflect the make up of the new Council – i.e. there should be a one third equal split on all Committees reflecting the number of Councillors for each political party.
Page 41 of 324 4 Schedule of Meeting Dates to End of December 2017
4.1 The Director, Resources, presented a report to the meeting of Midlothian Council on 7 February 2017, which invited the Council to consider approving a temporary schedule of meeting dates for the incoming Council after the May 2017 local government elections.
4.2 The report provided a proposed schedule of meetings until the end of December 2017 based on the existing SOA.
4.3 In respect of the report the Council agreed to:
(a) Approve the temporary schedule of meetings dates for the incoming Council based on a six weekly cycle as per the report.
4.4 The agreed temporary schedule of meeting dates referred to at paragraph 4.3(a) above is attached at Appendix 1.
4.5 The new Council is not under an obligation to accept the temporary schedule referred to at paragraph 4.4 above, but if it does it will have to appoint Members to the various Committees identified in accordance with the SOA.
4.6 Council should note that there is also a requirement to convene an Education Appointments Committee during May/June 2017due to urgent recruitment of Head Teacher appointments. Dates and times of these meetings will be confirmed following this meeting.
5 Review of Standing Orders etc
5.1 The Standing Orders, Scheme of Administration and Schemes of Delegation were reviewed during 2016 with the previous Council approving the current arrangements at its meeting in September 2016. The review concluded that a further in depth review of the governance it was proposed that this should be the remit of the new Council.
6 Report Implications
6.1 Resource Implications
There are no resource implications arising from this report.
6.2 Risk Implications
The SOA provides a framework through which the Council can arrange the discharge of its various functions in an orderly manner.
The availability of the schedule of meeting dates contributes to the reduction of risk by:-
• facilitating planningPage for meetings; 42 of 324 • contributing to the framework which allows the Council to conduct its business; and • providing a timetable to which officers can work to ensure that reports are submitted timeously.
6.3 Policy Implications
Strategy There are no strategy implications arising from this report.
Consultation No consultations have been undertaken in connection with this report.
Equalities An equalities impact assessment has not been required in connection with this report.
Sustainability There are no sustainability implications arising from this report.
7 Recommendations
The Council is recommended to:
(a) Agree to the implementation of the current Scheme of Administration as agreed by the previous Council in September 2016 subject to recommendation (b) and (d) below;
(b) Agree that the previous political party/independent composition split contained within the scheme of administration in respect of each committee make up should be rescinded to reflect the make up of the new Council – i.e. there should be a one third equal split on all Committees reflecting the number of Councillors for each political party;
(c) Agree to the schedule of meetings as outlined at paragraph 4.4 of this report; and
(d) Instruct the Director, Resources to initiate a full review of the governance arrangements for the Council with recommendations to be considered by the Council at its meeting in November 2017
11 May 2017
Report Contact: Kyle Clark-Hay Tel No 0131 270 5796 [email protected]
Page 43 of 324 Appendix 1 –Schedule of Meeting Dates
May 2017
Tuesday 23 10.00 Midlothian Council Tuesday 30 11.00 Police and Fire and Rescue Board