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Home , Argyll, Argyll and Bute, Clydebank (district), Helen Liddell, Strathclyde

AND BUTE COUNCIL

MINUTES of MEETING of COUNCIL held at KILMORY, on THURSDAY 7 FEBRUARY 2002

Present: Convener William Petrie (Chair)

Councillor Robin Banks Councillor Dugald MacKinnon Councillor Campbell Cameron Councillor McKinven Councillor Brian Chennell Councillor Donald MacMillan Councillor Paul Coleshill Councillor Donald McIntosh Councillor Douglas Currie Councillor Alastair McKinlay Councillor Robin Currie Councillor James McQueen Councillor John Findlay Councillor Bruce Robertson Councillor George Freeman Councillor Len Scoullar Councillor Ian Gillies Councillor Moyra Stewart Councillor Alison Hay Councillor John Councillor Donald Kelly Councillor Isobel Strong Councillor Stanley Latimer Councillor Eric Thompson Councillor Ellen Morton Councillor Dick Walsh Councillor Allan Macaskill Councillor David Webster Councillor Alistair MacDougall Councillor Sheila Wilson Councillor Robert Macintyre

Attending: James McLellan, Chief Executive Nigel Stewart, Director of Corporate & Legal Services Stewart McGregor, Director of Finance Douglas Hendry, Director of Housing & Social Work Alistair Gow, Director of Transportation & Property Services Chief Constable, William Rae, QPM, Police Deputy Chief Constable, Colin McKerracher, Chief Superintendent, Harry Bunch Superintendent, Bob Brown

Apologies Councillor Alasdair Blair Councillor Duncan MacIntyre Councillor Ronald Kinloch

The Chairman ruled, and the Committee agreed, that the business dealt with at item 8 of this minute be taken as a matter of urgency by reason of the need for the Council to consider whether to make representations to the Boundary Commission on their Fifth Review of Parliamentary Constituencies.

The Convener welcomed William Rae QPM, Chief Constable of Strathclyde Police who made a presentation to the Council on the work of Strathclyde Police with particular reference to Argyll & Bute.

The Chief Constable announced to the Committee that Chief Superintendent, Harry Bunch, Divisional Commander was leaving “L” Division to take up his post as Head of Department at the Force Headquarters and that his successor would be announced shortly. He also announced that Superintendent, Bob Brown, Superintendent would be retiring

1 from Strathclyde Police at the end of March and arrangements for his post were being considered.

The Convener thanked William Rae for his very interesting and informative presentation and presented him with a quaich to commemorate his visit to Argyll & Bute Council.

Councillor Chennell declared an interest in relation to item 2(19) (Victoria Halls, ) of this minute and took no part in the discussion on this item.

1. MINUTES

(a) The Council approved the Minutes of the Council Meeting of 13 December 2001 as a correct record.

(b) The Council approved the Minutes of the Council Meeting of 14 December 2001 as a correct record.

2. MINUTES OF COMMITTEES

The Council considered the following minutes. They approved the recommendations of these Committees subject to what is shown below:-

(1) , & 30 November 2001 (2) Helensburgh & Lomond Area Committee 4 December 2001 (3) Bute & Area Committee 4 December 2001 (4) Mid Argyll, Kintyre & Islay Area Committee 5 December 2001 (5) , Lorn & The Isles Area Committee 5 December 2001 (6) Special Public Services & Licensing Committee 12 December 2001 (7) Special Strategic Policy Committee 13 December 2001 (8) Commercial Operations Board 17 December 2001 (9) Oban, Lorn & The Isles Area Committee 18 December 2001 (10) Strategic Policy Committee 20 December 2001

Arising from item 11 (Transportation Issues) it was agreed that the Director of Transportation & Property would submit reports to the Mid Argyll, Kintyre & Islay Area Committee with regard to the Islay-Jura Ferry.

(11) Helensburgh & Lomond Area Committee 8 January 2002 (12) Oban, Lorn & The Isles Area Committee 9 January 2002 (13) Strategic Policy Committee (Education) 10 January 2002 (14) Strategic Policy Committee 10 January 2002

Arising from item 7 (Social Work Criminal Justice Services) the Council was asked to appoint two members to the new Joint Committee for Social Work Criminal Justice Services.

2 Nominations

Councillor McKinlay was nominated to serve on the Joint Committee by Councillor Macaskill, seconded by Councillor Banks.

Councillor Stewart was nominated to serve on the Joint Committee by Councillor Hay, seconded by Councillor Coleshill.

Councillor Wilson was nominated to serve on the Joint Committee by Councillor Stirling, seconded by Councillor Kelly.

The number of candidates exceeded the number of vacancies and in terms of Standing Order 11.5 Members voted as follows:-

Councillor McKinlay - 17 votes Councillor Stewart - 12 votes Councillor Wilson - 4 votes

Decision

Agreed that Councillors McKinlay and Stewart be appointed to serve on the new Joint Committee.

(15) Bute & Cowal Area Committee 16 January 2002 (16) Mid Argyll, Kintyre & Islay Area Committee 16 January 2002 (17) Standards Committee 24 January 2002 (18) Public Service & Licensing Committee 24 January 2002

Arising from item 4 (Legislation to End Retail Sale of Fireworks To The General Public) Committee had recommended that the Council support a request from Angus Council who were seeking support for their resolution to call on the and the Westminister Parliament to:-

(a) Bring forward at an early date the necessary legislation to end retail sale of fireworks to the general public and;

(b) Extend the Civic Government () Act 1982 to regulate and licence bodies organising public displays.

Motion

That the resolution by Angus Council be supported to the extent that part (a) be amended as follows:-

At an early date, that the necessary legislation to control the retail sale of fireworks to the general public be reassessed particularly in relation to people under 18 years of age. and that part (b) be supported.

Moved by Councillor Macaskill, seconded by Councillor Banks.

3 Amendment 1

That the Council agree to support only part (b) of the resolution by Angus Council.

Moved by Councillor Gillies, seconded by Councillor Freeman.

Amendment 2

That the Council support Angus Council’s resolution in its entirety.

Moved by Councillor Walsh, seconded by Councillor Chennell.

Decision

(1) In the division the Motion received 21 votes, Amendment 1 received 6 votes, and Amendment 2 received 4 votes.

(2) Accordingly, to support the resolution by Angus Council subject to the change as follows:-

(a) That at an early date the necessary legislation to control the retail sale of fireworks to the general public be reassessed particularly in relation to people under 18 years of age; and

(b) To extend the Civic Government (Scotland) Act 1982 to regulate and licence bodies organising public displays.

(19) Strategic Policy Committee 31 January 2002

Arising from item 3 (Victoria Halls, Helensburgh) the Council considered the recommendation of the Strategic Policy Committee.

Motion

That the Council continue with the policy that there be no lets to commercial undertakings within Council owned halls and that in order that the policy remain consistent throughout the whole of Argyll and Bute that powers should not be delegated to Area Committees to vary this policy.

Moved by Councillor Macaskill, seconded by Councillor Banks.

Amendment

That the Council delegates powers to Area Committees to determine any policy as to whether there should be lets to commercial undertakings in halls in their area.

Moved by Councillor Hay, seconded by Councillor Freeman.

4 The requisite number of Members required the vote to be taken by calling the roll and Members voted as follows:-

Motion Amendment

Councillor Banks Councillor Cameron Councillor Findlay Councillor Coleshill Councillor Gillies Councillor D Currie Councillor Macaskill Councillor R Currie Councillor MacDougall Councillor Freeman Councillor MacKinnon Councillor Hay Councillor McKinven Councillor Kelly Councillor MacMillan Councillor Latimer Councillor McKinlay Councillor Morton Councillor McQueen Councillor R Macintyre Councillor Petrie Councillor McIntosh Councillor Robertson Councillor Scoullar Councillor Walsh Councillor Stewart Councillor Webster Councillor Stirling Councillor Strong Councillor Thompson Councillor Wilson

Decision

The amendment was carried by 17 votes to 14 and the Council resolved accordingly.

Arising from item 10 (Capital Programme 2001/2002: Monitoring Report as 30 November 2001) the Council agreed the projects accelerated from future years and approved the projects detailed in appendix 3 of the Director of Finance’s report which were not originally included in the Capital Programme.

Arising from item 11 (Revenue Budget Monitoring – 30 November 2001) the Leader of the Council made a statement as follows:-

“Members attention was drawn to decision 5 where the Strategic Policy Committee noted with concern the Director of Finance’s comments in regard to the financial monitoring of the Education Service and instructed officials to take appropriate action and report back to the Strategic Policy Committee.

Members are aware that an action plan has been agreed and an Education Finance Working Group appointed to oversee the implementation.

5 At the request of the Director of Finance, this group – augmented by the Depute Leader, Chief Executive and myself met with the Director of Education and a number of other officers on Monday 4 February 2002. While the Education Service are projecting an outturn within budget the view was that, as a precautionary measure, all non-essential education expenditure should be stopped with immediate effect. Essential expenditure will continue. The Director of Education will be reporting back to this group next Monday on the scope of the non-essential expenditure and I will inform Members of this then.”

The Convener adjourned the meeting at 1.15.p.m. and re-convened at 2.00.p.m. when Councillors Coleshill, R Currie, MacDougall, Thompson and Webster were no longer present.

3. LOCAL CODE OF CORPORATE GOVERNANCE

The Standards Committee had recommended that the Council adopt a local code of Corporate Governance.

Decision

Agreed to adopt the local code of Corporate Governance as set out in the Director of Corporate & Legal Services’ report.

(Ref: Extract of Minute of Standards Committee of 24 January 2002 and report by Director of Corporate & Legal Services dated 9 January 2002 to that Committee, submitted).

4. CORPORATE GOVERNANCE AND ETHICAL FRAMEWORK: INTERESTS OF OFFICERS

The Standards Committee recommended to the Council arrangements to assist Officers of the Council by the utilisation of pro forma notifications of certain interests.

Decision

Agreed:-

1. The pro forma notification arrangements set out in paragraphs 3.1 to 3.4 and appendix 1 of the report by the Director of Corporate & Legal Services for the purposes of assisting all council employees.

2. In the interests of the good governance of the Council, that a voluntary register be established in which the Chief Executive and Directors be invited to record any relevant interests of an ongoing nature as referred to in paragraph 3.5 and appendix 2 of the report.

(Ref: Recommendations by Standard Committee of 24 January 2002 and report by Director of Corporate & Legal Services dated 14 January 2002 to that Committee, submitted).

6 5. CORPORATE GOVERNANCE AND ETHICAL FRAMEWORK: REGISTER OF GIFTS AND HOSPITALITY

The Standards Committee recommended to the Council arrangements for the maintenance of a register enabling Members and Chief Officials of the Council to record gifts and hospitality received by them.

Decision

Agreed –

1. The introduction of the form at appendix 1 to the report by the Director of Corporate & Legal Services for use by Members (including the non Councillor Members of the Strategic Policy Committee (Education), the Standards Committee and the Audit Committee in order that a Member (s) register of gifts and hospitality can be maintained.

2. In the interests of the good governance of the Council, that a similar register be maintained in respect of Chief Officials and that the form at appendix 2 of the Director’s report be utilised for that purpose.

(Ref: Recommendation by the Standards Committee of 24 January 2002 and report by the Director of Corporate & Legal Services dated 14 January 2002 to that Committee, submitted).

6. ACTION ON ASBESTOS GROUP: RESOLUTION BY WEST COUNCIL

West Dunbartonshire Council had written to Argyll & Bute Council following a resolution made at their Council meeting seeking support for their resolution:-

“This Council reaffirms our commitment to achieving justice for asbestos victims and their families.

Furthermore, this Council condemns the legal loopholes being utilised by Federal Mogul Corporation, the parent company of T&N in order to deny rightful compensation to those in our community who were by asbestos poisoning whilst in their employment.

In particular, Council notes that there may be former Turners Asbestos Cement, Dalmuir workers who fall within this category.

Council notes that it is less than 12 months since this Council supported a successful campaign during the Chester Street scandal. Council now agrees to repeat the actions we took at that time. This will include contracting every Council in the asking them to condemn the activities of Federal Mogul and ask that they express their concern to , Prime Minister, , Chancellor of the Exchequer; Helen Liddell, Secretary of State for Scotland; and Jank McConnell, First Minister of the Scottish Parliament.

7 In addition to the above, this Council agrees full support, including financial if required, to the Clydebank Asbestos Group to assist their efforts in this campaign.”

Decision

To generally endorse the resolution but not to extend that to direct action by way of writing to any of the Government Ministers mentioned in the resolution nor to make financial assistance available to support the Clydebank Asbestos Group.

(Ref: Letter from West Dunbartonshire Council dated 21 December 2001, submitted)

7. EILEAN DHUIRA FERRY

Previously the Strategic Policy Committee on 31 January 2002 considered a capital programme monitoring report and a further report by the Director of Transportation & Property which outlined the need for additional resources to carry out necessary repairs to the Islay-Jura Ferry. The Committee had requested that a report be brought to this meeting with details of the re-profiling of the Transportation Capital Budget for 2002/2003 in light of the decision which the Committee to took to approve the additional expenditure required to complete the necessary modifications to the ferry. The Committee considered the tabled pages of the re-profiled Capital Programme.

Decision

Agreed to the re-profiling of the Capital Programme as tabled by the Director of Transportation & Property Services.

(Ref: Re-profiling of Capital Programme, amended pages tabled)

8. FIFTH REVIEW OF PARLIAMENTARY CONSTITUENCIES

The Boundary Commission for Scotland had published their provisional proposals for the distribution of Westminster Parliamentary Constituencies in Scotland. The Secretary of State for Scotland has also published a consultation paper “The Size of the Scottish Parliament”. The Council considered some of the relevant background issues to enable the Council, if it wished, to make representations on either or both of these matters.

Decision

Agreed to refer consideration of this item to the Council Meeting scheduled for 14 February 2002.

(Ref: Report by Director of Corporate & Legal Services dated 7 February 2002, tabled)

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