ABERDEEN CITY COUNCIL
Town House, ABERDEEN, 16 th May, 2007
STATUTORY MEETING OF ABERDEEN CITY COUNCIL
At Aberdeen and within the Town House on the Sixteenth Day of May, Two Thousand and Seven, at a meeting held in terms of Section 3(3) of the Local Government (Scotland) Act 1973.
COUNCILLORS
GEORGE ADAM GORDON LESLIE YVONNE ALLAN CALLUM McCAIG MARIE BOULTON MARK McDONALD SCOTT CASSIE AILEEN MALONE RONALD CLARK ANDREW MAY NORMAN COLLIE ALAN MILNE NEIL COONEY JAMES NOBLE IRENE CORMACK GEORGE PENNY WILLIAM CORMIE JOHN PORTER BARNEY CROCKETT JOHN REYNOLDS KATHARINE DEAN RICHARD ROBERTSON ALAN DONNELLY PETER STEPHEN JACQUELINE DUNBAR JENNIFER STEWART JAMES FARQUHARSON JOHN STEWART NEIL FLETCHER KEVIN STEWART GORDON GRAHAM WENDY STUART MARTIN GREIG JOHN WEST JAMES HUNTER KIRSTY WEST LEONARD IRONSIDE JILLIAN WISELY MURIEL JAFFREY WILLIAM YOUNG JAMES KIDDIE and JENNIFER LAING IAN YUILL
Douglas McCallum Paterson, Returning Officer, in the Chair ELECTION OF COUNCILLORS
1. The Returning Officer laid before the meeting the following declaration:-
Aberdeen City Council
Local Government Election - 3rd May, 2007
I, Douglas McCallum Paterson, as Returning Officer for the Aberdeen City Council give notice that the successful candidates in this election are as follows:-
NO. OF NO. OF VALID VOTES WARD CANDIDATES & PARTY STAGES VOTES REJECTED AS VOID Dyce/Bucksburn/ Mark McDonald – Danestone 1 Scottish National Party (SNP)
Barney Crockett – 1 Scottish Labour Party 7238 111
Ron Clark – 1 Scottish Liberal Democrats
George Penny – 7 Scottish Liberal Democrats
Bridge of Don Muriel Jaffrey – 1 Scottish National Party (SNP)
Willie Young – 1 Scottish Labour Party 7722 92
John Reynolds – 2 Scottish Liberal Democrats
Gordon Leslie – 6 Scottish Liberal Democrats
Kingswells/ Wendy Stuart – 1 Sheddocksley Scottish National Party (SNP)
Peter Stephen – 2 5192 98 Scottish Liberal Democrats
Len Ironside – 6 Scottish Labour Party Northfield Jackie Dunbar – 1 Scottish National Party (SNP)
Gordon Graham – 1 5040 Scottish Labour Party 203
Kevin Stewart – 2 Scottish National Party (SNP)
NO. OF NO. OF VALID VOTES WARD CANDIDATES & PARTY STAGES VOTES REJECTED AS VOID
Kirsty West – Hilton/Stockethill 1 Scottish National Party (SNP)
George Adam – 1 5191 130 Scottish Labour Party
Neil Fletcher – 2 Scottish Liberal Democrats
Tillydrone/Seaton/ Jim Noble – 1 Old Aberdeen Scottish National Party (SNP)
Norman Collie – 1 4284 109 Scottish Labour Party
Richard Robertson – 6 Scottish Liberal Democrats
Midstocket/ John Porter – Rosemount Scottish Conservative and Unionist 1 Party 5431 60 Bill Cormie – 1 Scottish National Party (SNP)
Jenny Laing – 5 Scottish Labour Party
George Street/Harbour Andrew May – 1 Scottish National Party (SNP)
Jim Hunter – 3922 91 2 Scottish Labour Party
John Stewart – 4 Scottish Liberal Democrats
NO. OF NO. OF VALID VOTES WARD CANDIDATES & PARTY STAGES VOTES REJECTED AS VOID Aileen Malone – Lower Deeside 2 Scottish Liberal Democrats
Alan Milne – 6435 69 Scottish Conservative and Unionist 4 Party
Marie Boulton – 5 Independent
Martin Greig – Hazlehead/Ashley/ 1 Queen’s Cross Scottish Liberal Democrats
Jim Farquharson –
Scottish Conservative and Unionist 1 7915 83 Party
Jennifer Stewart – 1 Scottish Liberal Democrats
John West – 6 Scottish National Party (SNP)
Airyhall/Broomhill/ Jill Wisely – Garthdee Scottish Conservative and Unionist 1 Party
Scott Cassie – 4 6966 80 Scottish Liberal Democrats
Ian Yuill – 4 Scottish Liberal Democrats
Jim Kiddie – Torry/Ferryhill 1 Scottish National Party (SNP)
Yvonne Allan – 1 Scottish Labour Party 6151 112
Irene Cormack – 6 Scottish Liberal Democrats
Alan Donnelly – Scottish Conservative and Unionist 8 Party
NO. OF NO. OF VALID VOTES WARD CANDIDATES & PARTY STAGES VOTES REJECTED AS VOID Kincorth/Loirston Callum McCaig – 1 Scottish National Party (SNP)
Katharine Dean – 5882 132 5 Scottish Liberal Democrats
Neil Cooney – 5 Scottish Labour Party
Dated at Aberdeen, this Sixteenth Day of May, Two Thousand and Seven.
Douglas McCallum Paterson, Returning Officer.
ELECTION AND INSTALLATION OF THE LORD PROVOST
2. The Returning Officer addressed Council and sought nominations for the Office of Lord Provost.
Councillor Dean proposed, seconded by Councillor Kevin Stewart:- That Councillor Peter Stephen be elected Lord Provost of the City.
Both Councillors Dean and Kevin Stewart then thanked the Returning Officer and all staff involved in the running of the election.
The Council elected Councillor Peter Stephen to be Lord Provost of the City in terms of the relevant statutes. Councillor Peter Stephen after declaring acceptance of the said Office, the Chief Executive duly invested him with the insignia of Office and at the same time delivered into his keeping the silver keys of the City.
The Chair was then vacated by the Returning Officer and taken by Lord Provost Peter Stephen.
- DOUGLAS MCCALLUM PATERSON, Returning Officer
LORD PROVOST'S REMARKS
3. Lord Provost Stephen in acknowledging the honour of his appointment thanked the Liberal Democrats and Scottish National Party coalition for its support and the whole Chamber for theirs. He paid tribute to Councillor John Reynolds and his wife, Mrs Helen Reynolds for the outstanding contribution they made as Lord and Lady Provost of Aberdeen City in the previous four years. He acknowledged the high standard Councillor John Reynolds and Mrs Helen Reynolds had set. He welcomed all of the returning and new Councillors into the Chamber and hoped that they find their term of office interesting and satisfying. He paid tribute to those members who had retired and to those who had not been returned following the local government election. He acknowledged the amount of effort that all political parties had put into the election campaign and expressed his wish that the Council demonstrate that the new Single Transferable Vote and Multi-Member Ward System can work in Aberdeen City. He concluded by explaining that he would work tirelessly on behalf of the Council on behalf of all citizens.
MATTER OF URGENCY
Lord Provost Stephen intimated that he had directed in terms of Section 50(B) (4) (b) of the Local Government (Scotland) Act 1973 that a report by the Head of Democratic Services be considered as a matter of urgency to allow the Council to consider the establishment of an interim Committee structure and the establishment of a new Committee structure.
APPOINTMENT OF VICE-CONVENER/PROPOSED COMMITTEE STRUCTURE AND APPOINTMENT OF CONVENERS AND MEMBERS/APPOINTMENT OF MEMBERS TO THE APPEALS COMMITTEE
4. The Lord Provost sought nominations for the appointment of a Vice-Convener of the Council.
Councillor Dean proposed that the Council consider the appointment of a Vice- Convener along with a proposed Committee structure, the appointment of Conveners and Members to Committees and appointment of Members to the Appeals Committee.
The Council resolved :- to agree to this proposal.
(1) The Council were then circulated with proposals from the Administration (a coalition between the Liberal Democrat and Scottish National Party groups) which proposed inter alia :-
(a) that the Council agree to amend Standing Orders to delete the position of Vice- Convener and create the post of Depute Provost; and
(b) that the Council note that a report would be brought to the Council as soon as possible outlining the functions of the Depute Provost which will include convening the Council in the absence of the Lord Provost and acting as an Assistant to the Lord Provost.
Councillor Kevin Stewart proposed, seconded by Councillor Dean:- That Councillor John West be appointed Depute Provost for the City.
The Council resolved :- to appoint Councillor John West as Depute Provost.
(2) The Council also had before it a report by the Head of Democratic Services which proposed a Committee structure for the Council, and made recommendations as to the composition of each Committee and the appointment of Conveners and Members to each Committee. The report by the Head of Democratic Services recommended :-
(a) that the Council hold weekly full Council meetings from the week of 28 th May, 2007, being the date in the diary when the standing Committees of the Council were planned to commence after the Statutory Meeting (it was further proposed that the meetings of the Planning, Appeals and Licensing Committee be held as planned), therefore, the diary would be as follows:- 24 th May - Planning 29 th May - Council (Environment & Infrastructure/Standards & Scrutiny) 31 st May - Planning Visits 5th June - Council (Community Services/Resources Management) 6th June - Appeals 12 th June - Council (Policy & Strategy) 21 st June - Planning 26 th June - Licensing 27 th June - Council (Education & Leisure) 28 th June - Planning Visits;
(b) that the Council approve the following Committee structure:-
Core Committees Regulatory Committees • Policy & Strategy/Strategic Leadership • Planning • Resources Management • Appeals • Performance Management/Continuous • Regulatory Improvement • Pensions Panel • Area North • Area South • Area Central
(c) that the Council indicate the length of the Council cycle of meetings (currently 8 weeks) and that a diary of meetings be presented to the Council at its meeting on 27 th June, 2007;
(d) that the Council instruct the Head of Democratic Services to submit Orders of Reference for each Committee and a revised set of the Council's Standing Orders taking account of the new structure to the Council in August, 2007;
(e) that the Council, with reference to the guidance contained within the Appendix to the report agree the size and composition of each of the undernoted Committees, and appoint Members accordingly, with names to be notified at the earliest opportunity to the Head of Democratic Services:- • Resources Management • Policy & Strategy/Strategic Leadership • Performance Management/Continuous Improvement • Planning • Regulatory • Appeals • Pensions Panel;
(f) that the Council agree that membership of each Area Committee comprise Members whose Ward falls either fully or mostly in the Areas (North, Central and South);
(g) that the Council appoint a Convener to each of the undernoted Committees:-
Core Committees Regulatory Committees • Policy & Strategy/Strategic Leadership • Planning • Resources Management • Appeals • Performance Management/Continuous • Regulatory Core Committees Regulatory Committees Improvement • Pensions Panel • Area North • Area South • Area Central
(h) that the Council agree the senior allowances to be paid (whilst noting that up to 19 Councillors can hold senior positions with an allowance of up to £27,041 provided the total pay out is within £403,693 and that a basic allowance of £15,452 must be paid as a minimum to each Member of the Council;
(i) that the Council agree that a Sub-Committee of the Policy & Strategy Committee be appointed, with a remit to advise the Education Authority on matters relating to the discharge of their functions, and that the Head of Democratic Services also be instructed to prepare Orders of Reference for the Sub-Committee to be reported to the Council in August, 2007;
(j) that the Council agree that three religious representatives be appointed to the Policy & Strategy (Education) Sub-Committee and that nomination for the third representative be sought in the manner detailed in the report; and
(k) that the Council appoints an Urgent Business Committee consisting of Members appointed by the Council, having regard to the political balance of the Council.
(3) The Council also had before it a report by the City Solicitor which sought Members from the Council to be appointed to the Appeals Committee.
The report by the City Solicitor recommended:- (a) that the Council appoints Members to the Appeals Committee, comprising nine Members of the Council who also serve on the Committee dealing with Human Resources matters;
(b) that the Council notes that the Convener and Vice-Convener of the Appeals Committee should not hold any other Convenership of any Standing Committee of the Council; and
(c) that the Council determines the political balance of the Appeals Committee accordingly.
The Council also had before it proposals circulated by the Administration for a revised Committee structure.
Councillor Dean moved, seconded by Councillor Kevin Stewart:- That the Council (1) appoint a Sub-Committee of the Policy & Strategy Committee with a remit to advise the Education Authority on matters relating to the discharge of their functions, and that the Head of Democratic Services be instructed to prepare Orders of Reference for the Sub-Committee to be reported to the Council in August, 2007; and (2) approve the Administration's proposals.
Councillor Ironside moved as an amendment, seconded by Councillor Cooney:- That the Council (1) retain an Education Committee at present until a review of the proposed Committee structure is undertaken; and (2) otherwise approve the Administration's proposals.
On a division, there voted:-
For the motion : (27) - Lord Provost Stephen; Depute Provost John West; and Councillors Cassie, Clark, Cormack, Cormie, Dean, Dunbar, Fletcher, Greig, Jaffrey, Kiddie, Leslie, Malone, May, McCaig, McDonald, Noble, Penny, Reynolds, Robertson, Jennifer Stewart, John Stewart, Kevin Stewart, Wendy Stuart, Kirsty West and Yuill.
For the amendment : (16) - Councillors Adam, Allan, Boulton, Collie, Cooney, Crockett, Donnelly, Farquharson, Graham, Hunter, Ironside, Laing, Milne, Porter, Wisely and Young.
The Council resolved :- (i) to adopt the motion; and (ii) to delete the former Committee structure and replace it as follows:- PROPOSED COMMITTEE STRUCTURE OF ABERDEEN CITY COUNCIL AND APPOINTMENT OF CONVENERS AND MEMBERS
(a) Core Committees :-
Policy & Strategy Committee Convener and Council Leader - Councillor Kate Dean
Resources Management Committee Convener and Depute Council Leader - Councillor Kevin Stewart
Performance & Standards Committee Convener - Councillor John Stewart
Planning Committee Convener - Councillor Scott Cassie
(b) The political composition of these Committees shall be -
Committee Size Lib Dem SNP Labour Conservative Independent Policy & Strategy 17 6 5 4 2 0 Resources 15 6 4 3 2 0 Management Performance & 15 5 4 4 2 0 Standards Planning 15 5 4 3 2 1
Area Committees North Area Committee Convener - Councillor John Reynolds Central Area Committee Convener - Councillor Andy May South Area Committee Convener - Councillor Jim Kiddie
The Council agreed that North Area Committee shall comprise all Council members from Wards 1 - 4, Central Area Committee will comprise all Council members in Wards 5 - 8; and South Area Committee shall comprise all Council members in Wards 9 - 13.
The Council agreed that a report should be brought forward to the Council as soon as possible with proposals to redraw the Neighbourhood boundaries to reflect the current multi-member Wards. The Council noted that the largest change envisaged would be to put the whole of Ward 10 (Hazlehead/Ashley/Queens Cross) in the South Area.
(c) The Council agreed that the Lord Provost and Council leaders shall be salaried as approved by the Scottish Executive.
The Council agreed that the Depute Provost shall be salaried at a level of £18,350 per annum.
The Council agreed that all of the above Convener appointments will be salaried at £26,000 per annum, being less than the maximum figure of £27,041.
The Council agreed that Vice-Conveners, where required, will be appointed at the Committee but will not attract a Senior Councillors salary.
(d) Other Committees -
Licensing Committee Convener - Councillor Callum McCaig
Appeals Committee Convener - Councillor Mark McDonald
The Political composition of these Committees shall be:-
Size Lib SNP Labour Independent Committ Dem Conserv ee ative Licensing 15 5 4 4 1 1
Appeals 9 3 3 2 1 0
The Council agreed that these two appointments will be salaried at £20,000 per annum. The Council agreed that Vice- Conveners, where required will be appointed at the Committee but will not attract a Senior Councillor salary.
(e) The Council agreed the following appointments as Senior Councillors:-
Key Responsibility Senior Councillor Education Councillor Kirsty West
Health & Care Councillor Gordon Leslie
Housing Councillor Aileen Malone
Transport & Environment Councillor Ron Clark
Regeneration Councillor Kevin Stewart (in the interim)
Sport & Culture Councillor Jennifer Stewart
(f) The Council agreed that the above Senior Councillors will be salaried at £20,000 per annum, unless already receiving a higher salary as a Convener.
The Council agreed that the leaders of the opposition parties shall be designated Senior Councillors, and be salaried at £20,000 for the Labour Group Leader and £18,350 for the Conservative Group Leader per annum respectively.
The Council noted that the total number of Senior Councillors amounted to 17 out of the 19 allowed, and that the total additional salaries paid will be within the limit set by the Scottish Parliament.
The Council noted that job/role descriptions for the above Senior Councillors will be presented to a future meeting of the Council for consideration.
(g) The Council agreed to approve the interim Committee structure (as detailed in the report by the Head of Democratic Services) in principle and agreed to refer the issue of the dates and the starting times of the meetings contained within the proposed interim structure to the Group leaders to determine.
(h) The Council further agreed that the Head of Democratic Services be instructed to submit Orders of Reference for each Committee in the proposed new structure and a revised set of Standing Orders taking account of the new structure to the Council meeting in August, 2007.
(i) The Council agreed that the 3 Religious representatives be appointed to the Policy and Strategy (Education) Sub- Committee and that a nomination for the third representative be sought in the manner outlined in the report by the Head of Democratic Services.
(j) The Council agreed to appoint an Urgent Business Committee comprising 13 members (5 Liberal Democrats, 3 SNP, 3 Labour and 2 Conservatives) (plus relevant Conveners).
(k) The Council noted that Elected Member workshops would be held (arranged by the Head of Democratic Services) to gather the views of Councillors on the new structure.
(l) The Council agreed that a review of the revised Committee structure be undertaken six months from its starting point of August, 2007; and
(m)The Council nominated Councillor Muriel Jaffrey as the Convener of the Aberdeen City Licensing Board and noted that the Board would make the final decision on this matter.
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MATTER OF URGENCY
Lord Provost Stephen intimated that he had directed in terms of Section 50(B) (4) (b) of the Local Government (Scotland) Act 1973 that a guidance note on potential compositions prepared by the Head of Democratic Services be considered as a matter of urgency to enable the Council to appoint Members to the various groups.
APPOINTMENT OF MEMBERS TO SPECIFIC COUNCIL GROUPS, COUNCIL-SUPPORTED TRUSTS AND ORGANISATIONS
5. The Council had before it (1) a report by the Head of Democratic Services which assisted Elected Members in making appointments to (i) certain Sub-Committees, Working Groups and Task Groups which require to meet prior to the first meeting of their parent Committee/Sub-Committee; and (ii) Council-supported Trusts; and (iii) other organisations which require Councillors to be appointed to them; and (2) a guidance note by the Head of Democratic Services which outlined potential compositions for the appointment of representatives to specific Council Groups, Council-support Trusts and organisations.
The report by the Head of Democratic Services recommended:- that the Council – (a) consider appointing Members to the Sub-Committees, Working Groups and Task Groups listed at Appendix 1 to the report; (b) consider appointing Members to the Trusts listed in Appendix 2 to the report; (c) consider appointing Members to the various organisations detailed at Appendix 3 to the report; and (d) consider appointing Members to the organisation detailed at Appendix 4 to the report.
The Council resolved :- (i) to appoint Members to specific Council Groups, Council-supported Trusts and organisations as detailed below:-
Appointment of Representatives to Specific Council Groups
Organisation Composition and Members Appointed Aberdeen City Alliance 3 Liberal Democrats (Councillors Dean, Penny & John Stewart), 2 SNP 2705
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(Councillors Jim Noble and Kevin Stewart), 2 Labour and 1 Conservative (Councillor Donnelly) Aberdeen City and 2 Liberal Democrats (Councillors Dean Aberdeenshire Modernisation and Fletcher), 1 SNP (Councillor Kevin and Shared Services Board Stewart), 1 Labour (Councillor Ironside) (Framework Agreement) and 1 Conservative
Aberdeen City and Shire 2 Liberal Democrats (Councillors Strategic Planning Committee Cassie and Dean), 2 SNP (Councillors Cormie and Jaffrey), 1 Labour (Councillor Hunter) and 1 Conservative (Councillor Porter) Disability Advisory Group 1 Liberal Democrat (Councillor Leslie), 2 SNP (Councillors Kiddie and Stuart), 1 Labour and 1 Conservative (Councillor Donnelly) North East Scotland Transport 2 Liberal Democrats (Councillors Clark Partnership Board and Dean), 1 SNP (Councillor Kevin Stewart) and 1 Opposition Group Member Regional Sports Board 2 Liberal Democrats (Councillors Fletcher and Jennifer Stewart), 1 SNP (Councillor May), 1 Labour (Councillor Collie) and 1 Conservative (Councillor Milne) Special Licensing Objections 1 Liberal Democrat (Councillor Committee Reynolds), 2 SNP (Depute Provost John West and Councillor Kirsty West), 1 Labour and 1 Conservative (Councillor Milne)
Appointment of Representatives to Trusts
Trust Composition and Members Appointed Aberdeen International Foot ball Lord Provost ( ex officio ) and 2 Liberal Festival Democrats (Councillors Clark and Dean), 1 SNP (Councillor McDonald)
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and 1 Opposition Group Member (Councillor Young) Aberdeen International Youth Lord Provost ( ex officio ) and 3 Liberal Festival Trust Democrats (Councillors Cassie, Leslie and Jennifer Stewart), 2 SNP (Depute Provost John West and Councillor Kirsty West), 1 Labour (Councillor Cooney) and 1 Conservative (Councillor Milne)
Appointment of Representatives to Boards
Organisation Composition and Members Appointed Grampian Fire Board 2 Liberal Democrats (Councillors Fletcher and Robertson), 2 SNP (Councillors Dunbar and Stuart), 1 Labour and 1 Conservative (Councillor Farquharson)
Named Substitutes - (Councillor Wisely) Grampian Joi nt Police Board 2 Liberal Democrats (Councillors Greig and Penny), 2 SNP (Councillors McDonald and Kevin Stewart), 1 Labour and 1 Conservative (Councillor Porter)
Named Substitutes - (Councillor Donnelly)
Grampian Valuation Joint Board 2 Liberal Democr ats (Councillors Fletcher and Reynolds), 2 SNP (Councillors Cormie and Dunbar), 1 Labour and 1 Conservative (Councillor Porter)
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(ii) to defer the remaining appointments for further discussion with Group Leaders.
MATTER OF URGENCY
Lord Provost Stephen intimated that he had directed in terms of Section 50(B) (4) (b) of the Local Government (Scotland) Act 1973 that additional information from the Head of Democratic Services be considered as a matter of urgency to allow the Council to consider the most up-to-date information in relation to the appointment of representatives to outside bodies.
APPOINTMENT OF REPRESENTATIVES TO OUTSIDE BODIES
6. The Council had before it a report by the Head of Democratic Services which assisted Elected Members in making appointments to a number of outside bodies and organisations.
The report recommended:- that the Council consider the appointment of Members to the various bodies listed in the Appendix to the report.
The Council resolved :- (i) to agree the appointment of representatives to outside bodies as detailed below:-
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Appointment of Representatives to Outside Bodies
Organisation Composition and Members Appointed Aberdeen Airport Consultative 4 Local Members (Councillors Clark, Committee Crockett, McDonald and Penny). The Council requested that officers write to the Aberdeen Airport Consultative Committee enquiring if this proposed representation was acceptable to them.
Aberdeen Exhibition and 5 Liberal Democrats (Councillors Conference Centre Limited Cassie, Dean, Fletcher, Malone and Jennifer Stewart), 1 SNP (Councillor Kevin Stewart), 1 Labour and 1 Conservative (Councillor Porter)
Garthdee Alpine Sports Board 2 Liberal Democrats (Councillors Cassie and John Stewart), 1 SNP (Councillor Kirsty West), 1 Labour and 1 Conservative (Councillor Milne)
Robert Gordon College Board of 3 Members of the Administration (Lord Governors Provost Stephen and Councillors Cassie and Yuill)
(ii) to defer the remaining appointments for further discussion with Group Leaders.
ABERDEEN CITY LICENSING BOARD – APPOINTMENT OF MEMBERS
7. The Council had before it a report by the City Solicitor which advised Members of the procedure for establishing a Licensing Board for the City of Aberdeen.
The report explained that the Licensing (Scotland) Act 2005 and the Gambling Act 2005 require that a Licensing Board be established in each local authority area. The report explained that the Board should consist of such number, being not fewer than 5 and not more than 10 Members as may be determined by the Council and that a quorum for a
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meeting of the Licensing Board is one half of the number of Members, but in any case no fewer than 3.
The report provided information on possible disqualification from membership and explained that a Member of a Licensing Board would hold office until the next local authority election. The report explained that each Licensing Board Member must within 3 months of being elected or re-elected undertake a course of training accredited by the Scottish Minister and the cost of such training will require to be met by the Council.
The report explained that there are currently significant changes to liquor and gambling legislation. The report explained that the Gambling Act 2005 had replaced the separate Acts covering gaming, betting and lotteries and that this legislation is currently in a transitional period until it finally comes into effect in September, 2007. In relation to liquor legislation, the report explained that the Licensing (Scotland) Act 2005 radically changed the law governing liquor licensing. The report explained that whilst the new Act will not become fully effective until September, 2009, there will be a significant amount of work required to ensure that these changes occur as smoothly as possible.
The report recommended:- that the Council – (a) determine the number of Members to be elected to the Licensing Board; and (b) elect the appropriate number of Members to the Licensing Board.
The Council resolved :- to agree that the Licensing Board comprise 9 Members (3 Liberal Democrats (Councillors Clark, Penny and Robertson), 2 SNP (Councillors Cormie and Jaffrey), 2 Labour (Councillors Hunter and Young), 1 Conservative (Councillor Donnelly), and Councillor Boulton).
ABERDEEN AND PETERHEAD PRISON VISITING COMMITTEES – APPOINTMENT OF CITY COUNCIL REPRESENTATIVES
8. The Council had before it a report by the Head of Democratic Services which requested that Members consider the appointment of Aberdeen City Council’s representatives on the Aberdeen and Peterhead Prison Visiting Committees.
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The report provided background information on the role of Prison Visiting Committees. The report explained that the legislation determines that Aberdeen Prison Visiting Committee should have 6 Members in total, 4 appointed by the City Council and 2 by Aberdeenshire Council (of the four to be appointed by the City Council, there need be no Elected Members at all, however, traditionally, the Council has gone for two Elected Members and two External Members).
The report explained that the City Council also has to make appointments to the Peterhead Committee, which is supported by Aberdeenshire Council’s Legal Department, however, there is a slight difference here as the statutory rules for Peterhead stipulate that the Council need to appoint only 3 representatives (again, all three can be external Members but, in this case, external members can be outnumbered by Councillors and so the choice is between 3 external, 2 external and 1 Elected Member or 2 Elected and 1 external Members).
The report provided information on a suggestion by the Association of Visiting Committees for Scottish Penal Establishments that Local Authorities should adopt a new procedure for the appointment of external Members, to involve advertisements in the local press to invite people living within reasonable travelling distance of the prison in question to apply for Membership to the Visiting Committee. The report explained that accordingly, a Council would establish a Visiting Appointments Panel and this Panel would conduct a recruitment process leading to the establishment of a pool of suitable candidates from which, subsequently, the Council would make the necessary appointments.
The report explained that over the next two to three years, all administrative responsibilities regarding Prison Visiting Committees will be taken over by the new Community Justice Authority, however, until this happens, local authorities will oversee appointments to Visiting Committees. The report explained that the Council is not equipped to accommodate a major selection and recruitment procedure as part of the administrative and legal support to the Visiting Committees unless resources were to be made available to manage the process.
The report recommended:- that the Council – (a) appoint four people to serve on Aberdeen Prison Visiting Committee; and (b) appoint three people to serve on Peterhead Prison Visiting Committee as detailed in the report.
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The Council resolved :- (i) to appoint the following four people to serve on Aberdeen Prison Visiting Committee:- Councillors Leslie and Kiddie (as the Council’s appointments), and Helen Reynolds and Karen Shirron as external members; and (ii) to appoint the following three people to serve on Peterhead Prison Visiting Committee:- Mr. Mark Simpson, Mr. W. Magee, and Mr. C. Leslie Robertson.
SCHOOL PLACINGS AND EXCLUSIONS APPEAL COMMITTEE – POOL OF MEMBERS
9. The Council had before it a report by the Head of Democratic Services which sought the Council’s approval to appoint a pool of Councillors and external members from which individuals would be drawn to form the membership of the School Placings and Exclusions Appeal Committee.
The report recommended:- that the Council – (a) appoint a pool of Councillors and external Members from which individuals could be drawn to form Appeal Committees, comprising (i) all Members of the Council; (ii) Members of School Boards who were previously Members of the pool; (iii) ex-Members of school Boards who have experience of the Committee on the basis that training sessions are attended; and (iv) Members of the Council who have demitted office and who have expressed an interest in participating in the work of the Committee; (b) appoint retired teachers to the pool of Members (this would be an extension to the previous membership); (c) appoint the Head of Democratic Services as the Clerk to the School Placings and Exclusions Appeal Committee and to authorise Roderick MacBeath, David Wemyss and Alan Valentine as Assistant Clerks to act in her name; and (d) agree that Council accommodation continue to be used for hearings as detailed in the report.
The Council resolved :- to approve the recommendations contained in the report.
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MATTER OF URGENCY Lord Provost Stephen intimated that he had directed in terms of Section 50(B) (4) (b) of the Local Government (Scotland) Act 1973 that a report by the City Solicitor be considered as a matter of urgency to enable the Council to consider appointing Members to the Pensions Panel and the Joint Investment Advisory Committee.
COMMITTEES IN RESPECT OF PENSIONS FUNCTIONS
10. The Council had before it a report by the City Solicitor which enabled Members to consider appointing Councillors to the Pensions Panel and Joint Investment Advisory Committee.
The report explained that the function of the Pensions Panel is the management of the Pension Fund and whilst it acts on the advice of suitably qualified professionals, the Panel is responsible for matters such as the strategy for managing the fund and the appointment, performance monitoring and review of investment managers.
The report explained that since its creation in 2003, the Pensions Panel has operated with a complement of four Elected Members and that political considerations have never been to the fore in relation to a Panel such as this.
The report explained that in addition to the Pensions Panel, the Council, along with other authorities participating in the Aberdeen City Council Pension Fund, appoints representatives to sit on the Joint Investment Advisory Committee. The report explained that the purpose of the Joint Investment Advisory Committee is to advise and make recommendations to the Pensions Panel regarding the investment management and performance of the Fund or Funds, having regard to the requirements of the Local Government Pension Scheme (Management and Investment of Funds) (Scotland) Regulations 1998 (as amended) and to offer suitable professional advice, rather than statutory and other guidance and good industry practice. The report explained that it has been the practice of the Council to appoint the Members of the Pension Panel to sit on the Joint Investment Advisory Committee.
The report recommended:- that the Council –
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(a) appoints a Pension Panel, comprising four Members of the Council; and (b) further appoint the Members of the Pensions Panel as its representatives to the Joint Investment Advisory Committee.
The Council resolved :- to agree that the Pensions Panel comprise four Members (1 Liberal Democrat (Councillor Fletcher), 1 SNP (Councillor Kiddie), 1 Labour (Councillor Crockett), and 1 Conservative (Councillor Porter).
NOMINATION OF EX-OFFICIO JUSTICES OF THE PEACE
11. The Council had before it a report by the Head of Democratic Services which advised the Council to consider nominating up to one-quarter of its Members (10 Members) to serve as ex-officio Justices for its area. The report also outlined changes to the appointment of ex-officio Justices which will come into effect in December, 2007.
The report explained that the Scottish Executive had written to the Council asking for nominations for ex-officio Justices of the Peace for the Aberdeen City Area. The report explained that the Council may nominate up to one-quarter of its Members (10 Members in total) to serve as ex-officio Justices of the Peace for the Aberdeen City Area.
The report explained that on 3 rd December, 2007, a major lay justice reform is to take place, at this time those Justices who sit on the Bench in the District Court will automatically transfer to the new system unless they have previously indicated, in writing, that they do not wish to do so (in this case they will cease to be Justices).
The report explained that also on the 3 rd of December, 2007, both the supplemental roll (Justices over 70) and ex-officio Justices will cease to exist. The report explained that all the signing and judicial functions previously undertaken by the last two categories of Justice will no longer be done by them. The report explained that these functions will be done solely by the Bench serving Justices and it is important that Elected Members understand that they could seriously jeopardise a criminal investigation/prosecution if they were to sign something they should not.
The report explained that Elected Members will, however, continue to be able to sign documents which anyone of standing in the community can sign in a personal capacity,
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e.g. passport applications, shotgun licence, etc. and in addition, all Elected Members are to be giving signing powers (to make up for the abolition of ex-officios) and it will be assumed that they are all persons of standing in the community.
The report explained that with regard to this meeting, Section 11 of the District Courts (Scotland) Act 1975 (which created ex-officio Justices) remains in force until December, 2007, and therefore the Council is still entitled to nominate up to a quarter of its Members to serve as ex-officio Justices. The report explained that once nominated these people will hold office from the date when the nomination is intimated to Ministers until December, 2007.
The report explained that the Council could, of course, choose not to nominate any ex- officio Justices based on the details contained in the report.
The report recommended:- that the Council – (a) note the proposed changes to the ex-officio Justices which will take place in December, 2007; and (b) based on the information detailed in the report, consider whether to nominate up to one-quarter of its Members (10 Members) to serve as ex-officio Justices of the Peace (until December, 2007).
The Council resolved :- (i) to agree to refer the matter of nominations to the Group Leaders for consideration; and (ii) to note that the Conservative Group’s nominations would be Councillors Donnelly and Milne.
MISCELLANEOUS APPOINTMENTS
12. The Council had under consideration (1) the appointment of Members to the following offices, namely:- Master of Shore Works; Master of Kirk and Bridge Works; Master of Mortifications; and Master of Guild Brethren’s Hospital; and (2) a statement by the City Archivist providing information on the historical background to the posts of Master of Kirk and Bridge Works, the Master of Shore Works and the Master of the Guild Brethren’s Hospital.
The Council resolved :-
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to refer these appointments to the Group Leaders for consideration.
MATTER OF URGENCY
Lord Provost Stephen intimated that he had directed in terms of Section 50(B) (4) (b) of the Local Government (Scotland) Act 1973 that the names of the 3 nominees to the appointment of Assessors to the Dean of Guild be considered as a matter of urgency to enable the Council to fill the required vacancies.
APPOINTMENT OF ASSESSORS TO THE DEAN OF GUILD
13. The Council had before it a report by the Head of Service, Office of Chief Executive, which outlined the recommendations of the Burgesses of Guild of Aberdeen for the filling of the vacancies in the office of Assessor to the Dean of Guild for the period 2007 to 2011.
The report advised that in terms of the regulations governing the procedure for the making of recommendations to the Council for the appointment of the Assessors to the Dean of Guild, the Burgesses of Guild at their annual meeting on 9 th May, 2007, discussed the outcome of the process for nominating three Burgesses to be recommended to the Council for appointment as Assessors. The report explained that the three Burgesses of Guild who were recommended to serve as Assessors to the Dean of Guild for the period from the date of appointment by the Council to the date of the annual meeting of the Burgesses in 2011 were:- Peter Carry; Sharon O’Loan; and Sophy Copland. The report explained that the final decision on the appointment of Assessors to the Dean of Guild rests with the Council, and it is therefore up to the Council to consider whether to accept the nominations.
The report recommended:- that the Council consider the three nominations to the appointment of Assessors to the Dean of Guild for the period from the date of appointment by the Council to the date of the 2011 annual meeting of Burgesses, as recommended to the Council by the Burgesses of Guild.
The Council resolved :- to approve the three nominations.
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MATTER OF URGENCY
Lord Provost Stephen intimated that he had directed in terms of Section 50(B) (4) (b) of the Local Government (Scotland) Act 1973 that a report by the Head of Democratic Services be considered as a matter of urgency to enable the Council to consider appointing Baillies.
APPOINTMENT OF BAILLIES
14. The Council had before it (1) a report by the Head of Democratic Services which requested that the Council consider appointing Baillies, and (2) a copy of a report submitted to the Council in June, 2003 which provided background information on the role of Baillies.
The report recommended:- that the Council – (a) decide whether to appoint Baillies; (b) decide the arrangements to be adopted in respect of robes and chains (as detailed in the report submitted to the Council in June, 2003); and (c) decide the arrangements if any to be adopted in relation to allowances.
The Council resolved :- (i) to appoint one Baillie from each political group (Councillors Cooney, Cormack, Jaffrey, and Porter); (ii) to agree that any serving former Lord Provost automatically become a Baillie (under this criteria, Councillor Reynolds was appointed a Baillie); (iii) to agree that the allocation of robes and chains be at the discretion of the Lord Provost; and (iv) to agree that the Baillies receive no remuneration.
MATTER OF URGENCY
Lord Provost Stephen intimated that he had directed in terms of Section 50(B) (4) (b) of the Local Government (Scotland) Act 1973 that letters from
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the Convention of Scottish Local Authorities (COSLA) be considered as matters of urgency to enable the Council (a) to consider appointing Members to the Convention and (b) to be aware of the dates of forthcoming meetings.
COSLA – INFORMAL LEADERS MEETING/CONVENTION MEETING
15. The Council had before it letters from COSLA which (1) notified the Council of an informal Leaders Meeting to be held in Edinburgh on 25 th May, 2007 at which those present will consider a report which will outline a variety of interim arrangements that could be put in place to provide the political management and scrutiny of COSLA’s on- going work, with these interim arrangements allowing work to be undertaken by COSLA’s new leadership regarding the structures it needs to take the organisation forward; and (2) outlined the details of the first meeting of the COSLA Convention on 29 th June, 2007.
The letters also outlined a timetable for key events in May and June relating to COSLA and provided guidelines on the appointment of Members on the Convention. The letters explained that Aberdeen City Council had five places available on the Convention. The letters also provided advice to Councils on the political balance required on the Convention.
The Council resolved :- (i) to note the advice and detail contained in the letters; and (ii) to agree the following composition to fill the five available places – 2 Liberal Democrats (Councillors Dean and Yuill); 1 SNP (Councillor Kevin Stewart); 1 Labour (Councillor Ironside); and 1 Conservative (Councillor Porter). - PETER STEPHEN, Lord Provost .
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