DATA LABEL: Public 351

MINUTE of MEETING of the WEST LOTHIAN COUNCIL held within Council Chambers, West Lothian Civic Centre, Livingston, on 1 April 2014.

Present – Provost Tom Kerr (Chair), Depute Provost Dave King, Leader of the Council John McGinty, Frank Anderson, Stuart Borrowman, William Boyle, Diane Calder, Janet Campbell, Harry Cartmill, Tom Conn, Alexander Davidson, Martyn Day, Robert De Bold, Jim Dickson, Mary Dickson, Jim Dixon, David Dodds, Lawrence Fitzpatrick, Isabel Hutton, Carl John, Peter Johnston, Danny Logue, Greg McCarra, Anne McMillan, Andrew Miller, Angela Moohan, John Muir, Cathy Muldoon, George Paul, Barry Robertson, Frank Toner, Jim Walker

Apologies – Councillor Tony Boyle

1. DECLARATIONS OF INTEREST

Motion – Membership of COSLA (Agenda Item 11)

Councillor Johnston declared a non-financial interest arising from his position as COSLA Spokesperson, Health and Wellbeing.

2. CHILD PROTECTION PROCEDURES

(a) Presentation by Child Protection Officer

The Provost welcomed Anne Craig (Child Protection Officer) to the meeting. Anne had been invited to the meeting to provide an overview of Child Protection processes and procedures in West Lothian Education Services, and to provide details of the role of Education staff in managing an allegation/disclosure of abuse.

Anne spoke of the need for teachers to be mindful that professional trust could be perceived to extend beyond a pupil’s school leaving date, and that the onus was upon the teacher and not the pupil to distance themselves from any potentially inappropriate situation.

Anne went on to explain the phases of managing an allegation/disclosure, describing a number of Do’s and Don’ts for teachers. In relation to establishing the facts, the basic principles were outlined in the presentation, and were summarised to staff as undernoted:-

a. Keep the questions open-ended

b. Do not prompt or suggest to obtain the answer you think you want to hear.

c. Record, sign and date allegation or concerns on same day. All record should be written by hand. This might be required as evidence. DATA LABEL: Public 352

The Council heard that any member of staff during the school day who had any concerns about whether a pupil was being abused must share their concerns with the Designated Member of Staff as soon as possible. If the Designated Member of Staff was unavailable, the member of staff would action the procedures.

The Child Protection Officer then responded to questions raised by elected members.

Finally, the Provost thanked Anne for her informative presentation.

(b) Report by Head of Education (Quality Assurance)

A report had been circulated by the Head of Education (Quality Assurance) informing the Council of Child Protection processes and procedures within schools.

The Council was informed that all agencies in West Lothian followed Edinburgh and Lothian Inter-agency Child Protection Procedures (revised 2012). No one agency could protect children and young people alone and these procedures ensured effective multi-agency communication and joined up collaborative working through the provision of a consistent framework for practice.

Each service within the Council had its own process in line with these procedures and within the education service every school and educational establishment was provided with specific resources, documents, templates and training programmes to ensure a consistency of procedure and approach within the area of Child Protection. Information on the resource content was attached as Appendix 1 to the report.

The report provided additional appendices as undernoted:-

Appendix 2 Role of Designated Member of Staff in Education – Information on the roles in provision of training, supporting young people, families and staff, assessing risk, record keeping, liaising with core agencies, writing child protection reports and attending child protection case conferences.

Appendix 3 Child Protection Action Plan

Appendix 4 Child Protection Procedures – Schools

Appendix 5 School Behaviour Statements

The Head of Education (Quality Assurance) concluded that the information provided demonstrated that Child Protection processes and procedures in West Lothian Education Services complied with national guidance and local procedures. The child protection framework ensured staff received relevant training and had the DATA LABEL: Public 353

knowledge, understanding and support to ensure processes and procedures were implemented to safeguard children and young people.

Decision

To note the terms of the presentation and to note the contents of the report.

3 MINUTES

(a) The Council approved the minute of meeting of West Lothian Council held on 18 February 2014.

(b) The Council noted correspondence arising from previous decisions.

(d) The Council noted the Minute of Meeting of the Performance Committee held on Monday 27 January 2014.

(e) The Council noted the Minute of Meeting of the Education (Quality Assurances) Committed held on Tuesday 28 January 2014.

4. ELECTION BUSINESS

The Council was asked by the SNP Group to consider proposed changes to membership of Policy Development and Scrutiny Panels and Committees as undernoted:-

PDSP/Committee Existing Member(s) Replacement Member(s)

Social Policy PDSP Janet Campbell Diane Calder

Voluntary Organisations PDSP Mary Dickson Jim Dickson

Performance Committee Diane Calder Carl John Jim Dickson Greg McCarra

Decision

To approve the proposed changes to the membership of Policy Development and Scrutiny Panels and Committees. DATA LABEL: Public 354

5. NOTICE OF MOTION - WESTMINSTER MUST STOP STALLING ON BEDROOM TAX MITIGATION - SUBMITTED BY COUNCILLOR JOHNSTON

The Council considered a motion submitted by Councillor Johnston in the following terms:-

“Council calls on the UK Government to implement the minor legal change needed to allow the Scottish Government to mitigate the effects of the Bedroom Tax – after seven weeks of stalling. Council notes that this year’s Scottish Government budget made available up to £50m in Discretionary Housing Payments – widely agreed to be the most effective way of preventing evictions under the Bedroom Tax. However, the Scottish Government is currently prevented from providing the full level of support as the DWP has imposed a cap of £22.85m.

Council further notes that the Deputy First Minister, Nicola Sturgeon, wrote to the UK Government’s Welfare Minister, Lord Freud, some seven weeks ago to request that the legal restrictions on the amount the Scottish Government can provide in discretionary housing payments be lifted – but has yet to receive a reply.

Council asserts that the Bedroom Tax is an unfair, iniquitous policy which targets the most vulnerable people in society and that it is absolutely ridiculous that the Scottish Government has had to use scarce resources to mop up Westminster’s mess and help people suffering under a policy that Scotland comprehensively rejected.

Council further asserts that it’s even more ludicrous that Westminster is able to stand in the way of the Scottish Government’s attempts to help victims of the Bedroom Tax – perfectly demonstrating the limitations of the status quo and the necessity of independence.

Council therefore agrees that it is only with the full powers of independence that we can create a welfare state that supports the most vulnerable people in society and ensures that the Bedroom Tax is consigned to history.

Council further agrees to write to the UK Prime Minister urging him to, in the meantime, stop stalling, lift the cap and allow the Scottish government to mitigate the effects of Westminster’s disastrous bedroom Tax policy.”

Moved by Councillor Johnston, seconded by Councillor Calder.

Amendment

“West Lothian Council notes that since November 2012, prior to the introduction of the “bedroom tax”, West Lothian Council has worked pro- actively with claimants, partners, and other social landlords to seek to mitigate the effects of the Bedroom Tax.

The Council was allocated a total of £254,648 of Discretionary Housing Payment (DHP) funding from the Department for Work and Pensions DATA LABEL: Public 355

(DWP) on 1 April 2013 and that the Council Executive, at its meetings of 23 April 2013 and 25 June 2013 added a further £200,000 per year for three years, specifically to assist those affected by the Bedroom Tax. The Scottish Government informed the council, in October 2013, of their additional funding award of £378,129 which meant that for 2013/14 West Lothian Council was able to utilise the maximum DHP cap, taking the Council’s total DHP budget in 2013/14 to £742,777.

West Lothian Council believe that there is now no point of principle at stake regarding the DHP cap, it has already has been breached by the DWP’s own additional Reserve Funding as mentioned above, so there is now no matter of principle at stake in lifting the cap to utilise the Scottish Government’s additional funding.

The Scottish Government should stop playing politics – it currently has the powers and the money to mitigate the effects of the Bedroom Tax.

Council therefore resolves to write to the Scottish Government and urge it to use these powers now to alleviate the worry and financial hardship of the folk of West Lothian and, indeed, the rest of Scotland, who are affected by the Bedroom Tax.

Moved by Councillor McMillan, seconded by Councillor Conn.

It was agreed that a roll call vote be taken which resulted as follows:-

Motion Amendment Abstain

Frank Anderson Stuart Borrowman Tom Kerr Willie Boyle Harry Cartmill Diane Calder Tom Conn Janet Campbell Alex Davidson Martyn Day Jim Dixon Robert De Bold David Dodds Jim Dickson Lawrence Fitzpatrick Mary Dickson Dave King Isabel Hutton Danny Logue Carl John John McGinty Peter Johnston Anne McMillan Greg McCarra Angela Moohan Andrew Miller Cathy Muldoon John Muir George Paul Jim Walker Barry Robertson Frank Toner

Decision

The amendment was successful by 16 votes to 15 votes, with 1 abstention. The amendment was agreed accordingly.

6. NOTICE OF MOTION - ANSWERS FROM BOTH SIDES - SUBMITTED BY COUNCILLOR MCCARRA DATA LABEL: Public 356

The Council considered a motion submitted by Councillor McCarra in the following terms:-

“West Lothian Council notes that the Scottish government has published the 650 page “Scotland’s Future” document as it’s written contribution to the Independence debate, outlining it’s intentions as to what should happen after a Yes Vote.

This document is supported by the SNP West Lothian Council Group.

Council also notes that no written alternative prospectus has been produced by the No campaign, outlining its intentions as to what should happen after a No Vote.

Council therefore calls on the West Lothian Council Labour-Tory Administration to outline, in writing and in reasonable detail, what it believes should be the constitutional consequences of a No vote.

Should the WLC Administration refuse or fail to produce such a document before the summer recess then Council resolves to request such a document from the headquarters of the Labour Party in Scotland.

Moved by Councillor McCarra, seconded by Councillor Day.

Amendment

“This Council does not intend to commit valuable staff or budgeted resources to produce a policy paper on either outcome arising from the Independence Referendum to be held in September 2014.

Further it is the resolve of this Council not to write to any political party in Scotland as regards the production of a policy document on the Referendum debate.”

Moved by Councillor Fitzpatrick, seconded by Councillor Toner.

It was agreed that roll call vote be taken which resulted as follows:-

Motion Amendment Abstain

Frank Anderson Stuart Borrowman Willie Boyle Harry Cartmill Diane Calder Tom Conn Janet Campbell Alex Davidson Martyn Day Jim Dixon Robert De Bold David Dodds Jim Dickson Lawrence Fitzpatrick Mary Dickson Tom Kerr Isabel Hutton Dave King Carl John Danny Logue Peter Johnston John McGinty Greg McCarra Anne McMillan Andrew Miller Angela Moohan DATA LABEL: Public 357

John Muir Cathy Muldoon Jim Walker George Paul Barry Robertson Frank Toner

Decision

The amendment was successful by 17 votes to 15 votes, and it was agreed accordingly.

7. NOTICE OF MOTION - COUNCIL CONDEMNS BENEFIT CHARGES PLANS - SUBMITTED BY COUNCILLOR JOHNSTON

The Council considered a motion submitted by Councillor Johnston in the following terms:-

“West Lothian Council condemns proposals set out in a leaked Department for Work and Pensions memo which would see anyone who has had their benefits stopped being charged for the right to appeal.

Council notes with concern that almost 10,000 sick and disabled people in Scotland have been wrongly told they were fit for work and asserts that if these people had been forced to pay for the right to appeal many would have been left without the support they need to get by.

Council further notes that 58% of appeals against DWP sanctions have been successful and asserts that this Westminster Government plan is a further challenge to vulnerable people in Scotland who are already suffering under Westminster’s welfare reforms.

Council therefore agrees to write to the UK Prime Minster making our opposition to this proposal clear and calling for the Prime Minster to guarantee this plan will not proceed.”

Moved by Councillor Johnston, seconded by Councillor Campbell.

Amendment

“West Lothian Council notes with concern the leaked Department of Work and Pensions document proposing charges for those using benefit appeal tribunals.

Council also notes that Government’s own figures show a staggering 58% of appeals in the UK and 65% in West Lothian against DWP decisions to sanction payments safe upheld. It is clear that the system is not working.

Council therefore agrees to write to the Prime Minister, the UK Justice Minister and our Members of Parliament asking for a review of the benefit tribunal system as it clearly does not work and for the proposal for charges to appeal be discarded.”

Moved by Councillor Danny Logue, seconded Councillor Cartmill.

Councillor Johnston and Councillor Logue then gave consideration to adopting DATA LABEL: Public 358

a composite motion which resulted in a unanimous position being agreed.

The Provost then moved a second amendment but failed to secure a seconder for his amendment. The Provost asked that his dissent to the decision be recorded.

Decision

To unanimously agree a composite motion in the following terms:-

“West Lothian Council condemns proposals set out in a leaked Department for work and Pensions memo which would see anyone who has had their benefits topped being charged for the right to appeal.

Council notes with concern that almost 10,000 sick and disabled people in Scotland have been wrongly told they were fit for work and assets that if these people had been forced to pay for the right to appeal many would have been left without the support they need to get by.

Council further notes that 58% of appeals against DWP sanctions have been successful and assets that this Westminster Government plan is a further challenge to vulnerable people in Scotland who are already suffering under Westminster’s welfare reforms.

Council therefore agrees to write to the UK Prime Minster making our opposition to this proposal clear and calling for the Prime Minster to guarantee this plan will not proceed, and to write to the Prime Minister, the UK Justice Minister and our Members of Parliament asking for a review of the benefit tribunal system as it clearly does not work.”

8. NOTICE OF MOTION - CHOICE OF TWO FUTURES DEMONSTRATED AS FIGURES SHOW UK WELFARE CUTS COULD FORCE 100,000 MORE CHILDREN INTO POVERTY - SUBMITTED BY COUNCILLOR JOHNSTON

The Council considered a motion submitted by Councillor Johnston in the following terms:-

West Lothian Council welcomes the publication of the Scottish Government's Child Poverty Strategy, which seeks to tackle the causes of poverty through early intervention - as figures showed the UK Government's welfare cuts could force another 100,000 children into poverty in Scotland by 2020.

Council notes that the strategy seeks to improve the life chances of children by taking action on educational attainment, health and early years development, maximising household resources and improving children's environment through community empowerment and regeneration.

Council further notes that the strategy also has an increased focus on DATA LABEL: Public 359

mitigating the effects of Westminster's welfare reforms, which it has been suggested could set progress on tackling child poverty back by ten years.

Figures published by the Child Poverty Action Group make clear that 100,000 more children in Scotland could be pushed into poverty by 2020 by UK Government policies - highlighting the need for Scotland to take its own decisions on welfare.

Council asserts that the publication of the Child Poverty Strategy is an important step in fighting the scourge of child poverty in Scotland - and the focus on working families as well as those who are unemployed is welcome.

Council further asserts that the conclusion that another 100,000 children in Scotland could be pushed into poverty by 2020 due to the UK Government's welfare cuts is deeply worrying and highlights the choice of two futures facing Scotland.

Council further asserts therefore that;

A “No” vote means the continuation of Westminster’s welfare cuts and a generation of Scottish children facing poverty,

Whilst,

A “Yes” vote means that rather than simply mitigating Westminster’s unfair welfare policies we can take action to create a fairer society – delivering a comprehensive childcare package to allow more women into work and the establishment of a Fair Work Commission to ensure a minimum wage that rises at least in line with inflation every year”.

Move by Councillor Johnston, seconded by Councillor McCarra.

Amendment

“Council believes that the rise in child poverty in 2011/12 due to the inaction by the Scottish Government is unacceptable. According to Scottish Government statistics:

150,000 Scottish Children (15% of total) were living in relative poverty before housing costs (BHC), and 200,000 (29% of total) were living in relative poverty after housing costs (AHC). 160,000 Scottish children (16% of total) were living in absolute poverty BHC and 220,000 (22%) were living in absolute poverty AHC. 80,000 Scottish children (8% of total) were living in combined material deprivation and low income.

Council notes that under the former Scottish Executive and UK Government child poverty in Scotland was reduced dramatically but since the SNP took power the reduction has stalled.

Council believes that this situation is the result of inaction by the SNP DATA LABEL: Public 360

government due to its preoccupation with constitutional change.

Council calls on the Scottish Government to make effective and immediate use of the powers of the Scottish Parliament to protect the most vulnerable in our society.

Council contrast the failure of the SNP Government with the success of past Governments in dealing with child poverty and asserts that this shows clearly the advantages of remaining part of the UK and using the combined resources this makes available to tackle child poverty and the other social injustices that affect the poor and vulnerable across the whole of the UK.”

Moved by Councillor Dodds, seconded by Councillor Moohan.

It was agreed that a roll call vote be taken which resulted as follows:-

Motion Amendment Abstain

Decision

The amendment was successful by 16 votes to 15 votes, with 1 abstention. The amendment was agreed accordingly.

9. NOTICE OF MOTION - MEMBERSHIP OF COSLA - SUBMITTED BY COUNCILLOR JOHNSTON

The Council considered a motion submitted by Councillor Johnston in the following terms:-

“Council notes the decision taken at the Council Executive of 4th March to give the required 12 months notice to quit COSLA to reserve the council’s right to withdraw that notice any point during 2015/15 and to call for a DATA LABEL: Public 361

report from officers about national collective bargaining arrangements.

Council further notes with concern that this decision of the Council Executive was taken without any prior discussion through the PDSP process and without any report providing information for elected members on the benefits of retaining or relinquishing COSLA members, the consequences of leaving COSLA and the options available to the council to replace the current policy development, negotiating procedures and consultation mechanisms delivered through COSLA.

In order to assist council to consider whether or not to withdraw the notice of termination during 2014/15, council therefore agrees to instruct officers to prepare a comprehensive report detailing all the factors relevant to COSLA membership, an analysis of the options available to the council to replace current COSLA services and full costings for those options.

Council agrees that this report will be discussed by the Partnership and Resources PDSP and then reported to the scheduled meeting of this Council on 17th October 2014 to allow elected members to make a fully informed decision on this council’s continuing membership of COSLA.

Moved by Councillor Johnston, seconded by Councillor Anderson.

Following a request by the Provost, the Chief Legal Officer provided advice on the competency of the motion. The Chief Legal Officer considered that the motion was competent subject to the removal of the words “ on 17 October 2014”.

Councillor Johnston then agreed that the phrase within his motion “on 17 October 2014” be replaced with “appropriate scheduled meeting”.

Amendment

“West Lothian Council notes the decision of the Council Executive Meeting on 4 March 2014 to give the required 12 months’ notice to end COSLA membership, welcomes the provision to withdraw this notice at any time during 2014/15 and that the Council Executive decision is fully compliant with the Standing Orders of West Lothian Council.

West Lothian Council further notes the statement made by the COSLA Chief Executive at the meeting of the COSLA Convention on 28 March 2014 concerning Councils who have given notice to the organisation and agrees to instruct the Council Chief Executive to write to COSLA to request a copy of the legal advice that underpinned the statement given by the COSLA Chief Executive.”

Moved by Councillor Paul, seconded by Councillor Robertson.

It was agreed that a roll call vote be taken which resulted as follows:-

Motion Amendment Abstain

Frank Anderson Stuart Borrowman Willie Boyle Harry Cartmill DATA LABEL: Public 362

Diane Calder Tom Conn Janet Campbell Alex Davidson Martyn Day Jim Dixon Robert De Bold David Dodds Isabel Hutton Lawrence Fitzpatrick Carl John Tom Kerr Peter Johnston Dave King Greg McCarra Danny Logue Andrew Miller John McGinty John Muir Anne McMillan Jim Walker Angela Moohan Cathy Muldoon George Paul Barry Robertson Frank Toner

Decision

The amendment was successful by 17 votes to 13 votes, and it was agreed accordingly.

Adjournment

At this point in the meeting, the Provost adjourned the meeting for 30 minutes.

The meeting reconvened after the allotted 30 minutes.

Councillors Jim Dickson and Mary Dickson had left the meeting prior to a vote being taken on the previous item of business. Following the adjournment, Councillor Johnston submitted apologies on their behalf, advising that they had left the meeting to attend a funeral.

10. NOTICE OF MOTION - MR BOB HOLMAN - SUBMITTED BY COUNCILLOR JOHNSTON

The Council considered a motion submitted by Councillor Johnston in the following terms:-

“Council Congratulates Bob Holman, the author of "Keir Hardie: Labour's Greatest Hero?" for his commitment to social justice and to Independence for Scotland.

West Lothian Council welcomes the public statement in support of Independence for Scotland from Mr. Bob Holman, a member of the Labour Party for the last 53 years, and the author of "Keir Hardie: Labour's Greatest Hero?"

Council notes that Mr. Holman was born in England, but has lived in Glasgow for 30 years, and intends to vote yes because,

“Independence would free at least some poor people from the punitive DATA LABEL: Public 363

welfare policies of Cameron, Osborne, Duncan Smith and their supporters.” 1

Council further notes Mr. Holman's assessment that though,

“Scotland already has devolved powers over health and education advances in these areas require taking action to reduce poverty. This can only be achieved with the powers that will accompany independence.”

Council accepts Mr. Holman's view that a better and more equal Scotland will only be created through the powers only Independence will deliver and supports his call for;

x The rejection of the present welfare legislation. x An increase in benefits, tax credit and the minimum wage in line with inflation so as “to avoid the poorest families falling further behind.” x The promotion of a living wage set above the poverty line. x A different taxation policy from that of the coalition: “Taxation is the main means to consider the distribution of income and wealth across society.” x The rejection of Trident would also save millions. I want a society without poverty and nuclear weapons.

Council further welcome's Mr. Holman's highlighting that that the Scottish Government's "Scotland's Future" document promotes two major ideas. One is equality where it states,

“Social justice and equality are objectives that should be pursued for their own sake in a civilised society. They are also important aspects of improved economic performance.”

The second is social investment. The coalition government portrays welfare as shameful and a burden on others. The Westminster Government stigmatises benefit recipients whilst "Scotland's Future" sees social security as an investment in a person's future:

"Benefits work hand-In-hand with programmes designed to help people find work.”

Council further welcomes Mr. Holman's view that,

"a Labour govemment would do little for poor people in Scotland, as it supports Osborne's welfare cuts."

Council therefore agrees to request that the Provost writes to Mr. Holman congratulating him on making public his views on Scottish Independence and on his commitments to equality and social justice.

th 1. All quotes are from The Guardian Tuesday 11 March 2014.”

Moved by Councillor Johnston, seconded by Councillor Anderson. DATA LABEL: Public 364

Amendment

“West Lothian Council welcomes all genuine contributions to the debate on Scottish Independence.

Council believes that a debate of this importance should reflect the key principles of openness, transparency, balance and respect for the other side, and should not be conducted on the basis of intolerance to the views of others or unattributable comments from any source.”

Moved By Councillor Davidson, seconded by Councillor Dixon.

Decision

The amendment was successful by 13 votes to 17 votes and it was agreed accordingly.

11. NOTICE OF MOTION - SNP HYPOCRISY ON LIVING WAGE - SUBMITTED BY LEADER OF THE COUNCIL JOHN MCGINTY

The Council considered a motion submitted by Leader of the Council John McGinty in the following terms:-

“West Lothian Council recalls the WLC SNP Group claiming to have an interest in expanding the Living Wage in West Lothian despite having voted twice to deny it to their own workforce.

Council is therefore disappointed, but not surprised to note that an amendment to the Procurement Reform Bill proposed by opposition parties in the Scottish Parliament which would have promoted the payment of the Living Wage to workers on public sector contracts was voted down by SNP members of the Infrastructure and Capital Investment Committee.

Council further notes that the SNP MSP’s concerned, Maureen Watt MSP, Adam Ingram MSP, Gordon MacDonald MSP and Jim Eadie MSP have all previously publicly supported the Living Wage.

Council condemns this SNP hypocrisy over the Living Wage, notes that the actions of these MSP’s have blocked the opportunity to extend the Living Wage to workers on public sector contracts, and welcomes the statement by opposition parties that they intend to bring back the Living Wage amendment at the third and final stage of the Procurement Bill.”

Moved by Leader of the Council John McGinty, seconded by Councillor Muldoon.

Amendment

West Lothian Council congratulates Cllr. McGinty on his perfectly timed DATA LABEL: Public 365

1st April motion and asserts;

“Dinna laugh, dinna smile, hunt the gowk another mile”

Council dismisses Labour’s wholly unfounded attacks upon the SNP position in respect of low pay and poverty and with regards to the serious issue of West Lothian Council SNP Group’s actions in respect of low pay council notes;

x 1995 – 2007 – under successive Labour council administrations no action whatsoever was taken in respect of council pay scales in relation to low paid staff.

x 2007-2012 – SNP led council administration promoted the following initiatives; 1. West Lothian Council 11th January 2011

Within the Council Budget motion approved on 11th January 2011 Council Priorities

West Lothian Council welcomes the Scottish Government’s introduction, from August 2010, of a “Living Wage” of £7.15 per hour for every core worker in the Scottish Government as another step towards creating a better, fairer Scotland. West Lothian Council calls for the Westminster Government to review the minimum wage and to set this at the Living Wage level of £7.15 and for COSLA to work towards the provision of a living wage for every Scottish council employee.

2. West Lothian Council September 6th 2011

Motion approved by West Lothian Council on 6th September

Living Wage

West Lothian Council notes that the Scottish Government is scheduled to make a statement regarding the Scottish Spending Review on 21st September 2011. Council further notes that detailed spending figures for councils are expected to be available in December 2011 allowing the Council to consider setting the 12/13 budget in January.

Council asserts that it is the role of councillors and political groups to bring forward budget proposals.

Council therefore instructs officers to provide full information to all political groups on the costs, benefits and implications of the introduction of a “Living Wage” in the 12/13 budget.

3. West Lothian Council 11th January 2012

Within the budget motion approved by Council measures to tackle poverty and low pay totalling over £1.3 million were proposed by the SNP led DATA LABEL: Public 366

Administration and opposed by Labour. These included,

x Expansion of Breakfast Clubs – provision of free breakfast clubs to the remaining 40 primary schools for P1-7 pupils in receipt of free school meals. Provision will be expanded in the 26 schools currently with breakfast clubs to include P4-7 children in receipt of free school meals. This means that throughout West Lothian 2603 children entitled to free school meals will, in addition to lunch, receive a free nutritious breakfast, ensuring they begin the day ready to learn.

x School Clothing Allowances – Currently 5600 pupils benefit from such allowances and this provision will allow the scheme to expand, and will double the existing clothing allowances for both primary and secondary pupils to £94.00 for primary pupils and £110.00 for secondary pupils.

x School Clothing Store – provision of £1,000 to each secondary school and £550 to each primary school and special school to assist with the provision of school and sports clothing, to support pupils who attend school without appropriate clothing

x Alcohol Strategy – provision for measures that will have a positive impact on alcohol prevention, diversion and recovery.

x Low Pay – provision to alter the existing Band A of the council’s pay structure, in consultation with trade unions, to deliver a consolidated salary increase to 748 lower paid staff.

x Review of Council Concessions – provision to review all council concessions, to ensure access to council services is improved for those on low incomes, and to introduce a ‘Veterans’ Concessionary Scheme’. 4. West Lothian Council Executive 20th March 2012

The SNP led Administration approved at Agenda Item 9, the following motion;

The Council Executive notes;

The 2012/13 Revenue Budget, approved by West Lothian Council on 11 January 2012, included a commitment to deliver action on pay for the council’s lowest paid employees.

That progress achieved by officers and the relevant trade unions in negotiating a proposal will deliver action on low pay for 748 council employees from 1 April 2012.

The Council Executive agrees to take further action on low pay and instructs officers to enter into further negotiations with the relevant trade unions to explore the introduction of the Living Wage, DATA LABEL: Public 367

currently £7.20 per hour, from April 2013/14.

The Council Executive further notes that In progressing the introduction of the Living Wage there will be a requirement for officers and the relevant trade unions to provide for a consolidated payment, which preserves the council’s equal pay structure and mitigates the council’s exposure to any Equal Pay claims.

The Council Executive instructs officers to report back to a future meeting of the Council Executive with progress on these matters.

Council therefore accepts that during 12 years of successive Labour Council Administrations no progress whatsoever was made towards tackling the issue of low paid council staff.

Council further accepts that from 2007 to 2012, under an SNP led Council Administration significant progress was made towards tackling the issue of low paid council staff including;

• The introduction of free breakfasts for school children

• The doubling of school clothing grants for school children • Funding to improve council concessionary schemes • Delivery of a consolidated salary increase to 748 lower paid council staff from April 2012. • Negotiations with the relevant trade unions to explore the introduction of the Living Wage, currently £7.20 per hour, from April 2013/14.

Council further notes, with astonishment, the completely dishonest misrepresentation by Labour politicians of the SNP Government position in respect of the living wage within the Procurement Reform Bill which is currently under discussion within the Scottish Parliament.

Council therefore further notes;

1. That the SNP Government has introduced the living wage for all government employees, 180,000 employees in Scotland who work for government, government agencies and the NHS. 2. That the SNP Government is fully committed to the principle of extending the living wage into public contracts in a legally compliant manner. 3. That European law makes it illegal for the Scottish Parliament to make it a condition of a contract that a company must pay a living wage which is higher than the minimum wage that is set in the United Kingdom. (the current member state) This position applies under the posted workers directive. DATA LABEL: Public 368

4. That the SNP Government is not prepared to accept that the Procurement Reform Bill cannot promote the living wage and this Bill will therefore give Government the power to issue guidance on the workforce matters that contracting authorities can take into account which will include, where relevant to the performance of the contract, the living wage. 5. In particular, that guidance will cover matters relating to recruitment, terms of engagement and remuneration of employees involved in the contract. The intention is to use the bill to the maximum extent possible to progress and pursue the SNP Government objective of expanding the payment of the living wage. 6. The Bill provides therefore for the issue of guidance on how purchasers should take account of a company’s approach to recruitment and terms of engagement, which will include pay, when assessing the suitability of a company to bid. 7. This guidance will be statutory and cannot be ignored by public bodies. 8. This will be guidance for public sector purchasers, including for example purchasers of, for example, social care, catering and cleaning contracts, where pay is recognised as key factor in determining the quality of service to be provided. Council therefore agrees that rather than waiting for the Procurement Reform Bill to become law to instruct officers to take all necessary steps to introduce the living wage to all West Lothian Council procurement procedures where pay can be determined to be a key factor in ensuring services are delivered by appropriately qualified and highly motivated staff thus protecting the quality of services to be delivered.

Council further notes that on 26th March, Westminster agreed by 520 Tory, Labour & Liberal votes to 22 SNP, Plaid Cymru and Labour rebel votes to back the £119.5 billion ceiling on welfare spending in 2015-16 announced by George Osborne in his Budget .

Council further notes that Save the Children estimate this cap will push 345,000 additional children into poverty in just four years.

Council further notes the statement by the Labour Shadow Chancellor Ed Balls:

“We support capping social security spending, a policy the Leader of the Opposition [Mr Miliband] advocated last year.”

The list of Scottish Labour MP’s who voted in favour of the Tory benefit cap by George Osborne were: DATA LABEL: Public 369

Margaret Curran – Glasgow East Tom Greatrex – Rutherglen and Hamilton West Ian Murray – Edinburgh South Willie Bain – Glasgow North East Gordon Banks – Ochil and South Perthshire Tom Clarke – Coatbridge, Chryston and Bellshill Dame Anne Begg – Aberdeen South Alistair Darling – Edinburgh South West Ian Davidson – Glasgow South West Thomas Docherty – Dunfermline and west Fife Frank Doran – Aberdeen North Gemma Doyle – West Dunbartonshire Sheila Gilmore – Edinburgh East David Hamilton – Midlothian Tom Harris – Glasgow South Jimmy Hood – Lanark and Hamilton East Cathy Jamieson – Kilmarnock and Loudon Mark Lazarowicz – Edinburgh North and Leith Gregg McClymont – Cumbernauld, Kilsyth and Kirkintilloch East Anne McGuire – Stirling Anne McKechin – Glasgow North Iain McKenzie – Greeenock and Inverclyde Graeme Morrice – Livingston Jim Murphy – East Renfrewshire Pamela Nash – Airdrie and Shotts Sandra Osborne – Ayr, Carrick and Cumnock John Robertson – Glasgow North West Frank Roy – Motherwell and Wishaw Lindsay Roy – Glenrothes Anas Sarwar – Glasgow Central

Council further notes the comment from Iain Macwhirter writing in the Herald of 27th March:

“Labour has, through its actions in Westminster yesterday, legitimised the Conservative welfare agenda. The party that created the welfare state has lost the ability to defend its fundamental principles…Last week Ed Miliband accused Alex Salmond of mimicking Tory policies and abandoning social justice; this week the Labour leader stands accused of gross hypocrisy”. DATA LABEL: Public 370

Council therefore further agrees to write to the Leader of the Labour Party in Scotland expressing this council’s opposition to the imposition of a benefit cap and requesting clarity from her in respect of;

1. The reasons for the Labour Party voting with the Tories in support of the imposition of a cap of welfare expenditure to support of the poor and vulnerable in our society.

2. Under Labour proposals to devolve housing benefit to Holyrood can she confirm that Westminster will still determine the housing benefit budget which will be devolved?

3. Given that Labour have voted to cap welfare spending which benefits do Labour plan to cut in order to find the £450 million required to pay for the abolition of the bedroom tax?

Moved by Councillor Johnston, seconded by Councillor Campbell.

It was agreed that a roll call vote be taken which resulted as follows:-

Motion Amendment Abstain

Stuart Borrowman Frank Anderson Harry Cartmill Willie Boyle Tom Conn Diane Calder Alex Davidson Janet Campbell Jim Dixon Martyn Day David Dodds Robert De Bold Lawrence Fitzpatrick Isabel Hutton Tom Kerr Carl John Dave King Peter Johnston Danny Logue Greg McCarra John McGinty Andrew Miller Anne McMillan John Muir Angela Moohan Jim Walker Cathy Muldoon George Paul Barry Robertson Frank Toner

Decision

The motion was successful by 17 votes to 13 votes and it was agreed accordingly.

12. NOTICE OF MOTION - SCOTTISH CONCERT BAND FESTIVAL FINAL - SUBMITTED BY COUNCILLOR FITZPATRICK

The Council considered a motion submitted by Councillor Fitzpatrick in the following terms:-

“West Lothian Council notes that six West Lothian Wind Bands DATA LABEL: Public 371

participated in the Scottish Concert Band Festival final on Sunday 16th March in Perth Concert Hall.

Council further notes that in the ‘Achieving Wind Band Class’ Deans Community High School Senior Wind band; Broxburn Academy Wind Band and West Calder High School Junior Wind Band all received Silver Plus Awards.

Council also notes in the ‘Advanced School Band Class’ James Young High School Senior Wind Band and West Calder High School Senior Wind Band received Gold Awards.

In the ‘Youth Wind Band Class’ the West Lothian Schools Wind Ensemble gained a Gold Plus award.

Council therefore congratulates all the pupils, their parents and carers, teachers and instructors for achieving such excellent awards at this prestigious event”

Moved by Councillor Fitzpatrick.

Decision

To unanimously agreed the terms of the motion.

13. DOCUMENTS FOR EXECUTION

The Chief Solicitor presented 63 deeds for execution.

Decision

That the deeds be executed.

14. SENIOR OFFICER APPOINTMENT COMMITTEE: POST OF DEPUTE CHIEF EXECUTIVE - CORPORATE, OPERATIONAL, HOUSING, CONSTRUCTION AND BUILDING SERVICES

The Council considered a report (copies of which had been circulated) by the Chief Executive concerning the decision of the Senior Officer Appointment Committee in relation to the post of Depute Chief Executive – Corporate, Operational, Housing, Construction and Building Services.

The Council was informed that on 13 February 2014 the Senior Officer Appointment Committee interviewed three candidates to the vacant post and it had been agreed by the Committee that Graeme Struthers be appointed to the post. The Committee had delegated to the Chief Executive the making of the necessary arrangements for Graeme to take up the post, including the date of commencement of his employment in that post.

Decision DATA LABEL: Public 372

To note the appointment of Graeme Struthers to the post of Depute Chief Executive – Corporate, Operational, Housing, Construction and Building Services and to congratulate Graeme on his appointment.

15. COUNCIL HOUSES - QUESTION TO THE EXECUTIVE COUNCILLOR FOR SERVICES FOR THE COMMUNITY SUBMITTED BY COUNCILLOR ANDERSON

Written Questions to the Executive Councillor for Services for the Community were submitted by Councillor Anderson in the following terms:-

1. As we approach the 2nd anniversary of the last local elections, how many of Labour’s promised New Build Council houses have been started since the elections in 2012?

2. In financial terms, how much on average has the installation of PV panels at the new Build Council houses in Blackburn, saved our tenants?

3. What was the percentage of housing achieving SHQS on the 1st May 2012 and what is the percentage currently?

Verbal answers were provided to the written questions.

Councillor Anderson indicated that he wished to put supplementary questions as provided for in Standing Orders. He did so, and the Executive Councillor for Services for the Community provided answers to the two supplementary questions.

Decision

1. To note the written questions put and verbal answers given; and

2. To note the verbal answers given to two supplementary questions.

16. COSLA LEADERS MEETING - QUESTION TO THE LEADER OF THE COUNCIL SUBMITTED BY COUNCILLOR JOHNSTON

A written question to the Leader of the Council was submitted by Councillor Johnston in the following terms:-

“Please confirm that you will use West Lothian Council’s vote at the April COSLA Leaders meeting to overturn the decision you supported in September last year not to update the distribution formula for councils grant funding for 2015/16.”

A verbal answer was provided to the written question.

Councillor Johnston indicated that he wished to put supplementary questions as provided for in Standing Orders. He did so, and the Leader DATA LABEL: Public 373

of the Council provided verbal answers to the two supplementary questions.

Decision

1. To note the written question put and verbal answer given; and

2. To note the verbal answers given to two supplementary questions.