699 MINUTE of MEETING of the WEST LOTHIAN COUNCIL held within Council Chambers, West Lothian Civic Centre, Livingston, on 8 March 2011. Present – Provost Tom Kerr (Chair); Depute Provost Jim Dickson; Leader of the Council Peter Johnston; Councillors Frank Anderson, Gordon Beurskens, Stuart Borrowman, William Boyle, Janet Campbell, John Cochrane, Tom Conn, Alexander Davidson, Martyn Day, Robert De Bold, Jim Dixon, Willie Dunn, Bruce Ferrie, Neil Findlay, Lawrence Fitzpatrick, Ellen Glass, Isabel Hutton, Carl John, Dave King, Danny Logue, Greg McCarra, John McGinty, Andrew Miller, Graeme Morrice, John Muir, Cathy Muldoon, George Paul, Jim Swan, Jim Walker. 1. DECLARATIONS OF INTEREST Members declared interests as undernoted:- Councillor Findlay: – Agenda Item 9 (Notice of Motion - Education) – Councillor Findlay declared a non-financial interest in that he was a Teacher and member of the EIS Teaching Union. Agenda Item 15 (Labour MP’s Guilty Verdict) – Councillor Findlay declared a non-financial interest as a former employee of Jim Devine and left the Chamber during consideration of that item of business. Councillor McCarra:- Agenda Item 9 (Notice of Motion - Education) - Councillor McCarra declared a non-financial interest in that he was a member of the EIS Council. Councillor Borrowman:- Agenda Item 9 (Notice of Motion – Education) - Councillor Borrowman declared a non-financial interest in that his wife was employed as a Teacher and his daughter was a student. Councillor Johnston:- Agenda Item 9 (Notice of Motion - Education) - Councillor Johnston declared an interest as a member of the EIS Teaching Union. Councillor Davidson:- Agenda Item 15 (Notice of Motion – Labour MP’s Guilty Verdict - Councillor Davidson declared a financial interest as a former employee of Jim Devine and left the Chamber during consideration of that item of business. Councillor Fitzpatrick:- 700 Agenda Item 15 (Notice of Motion – Labour MP’s Guilty Verdict Councillor Fitzpatrick declared a non-financial interest as a former Officer, Livingston CLP and a financial interest as Prospective Parliamentary Candidate for Almond Valley, and left the Chamber during consideration of that item of business. Councillor Swan:- Agenda Item 15 (Notice of Motion – Labour MP’s Guilty Verdict Councillor Swan declared a non-financial interest arising from Jim Devine’s membership of his local Labour Party branch. 2. DIGITAL SWITCHOVER Mr John MacNeill, Digital UK Ltd had been invited to attend the meeting to provide an update on the Digital TV Switchover. Mr MacNeill explained that the switchover was happening so that Freeview services could be extended to people who could not currently get them, including those who received their signal from a relay transmitter. The new digital TV signal would be stronger and more robust. Mr MacNeill then provided details of the two stages of the Switchover and advised that a public information campaign had been launched. In addition, two roadshow events were being held in West Lothian. One would be held in Linlithgow on 22nd March and the other would be held in Livingston on 26th March. The Council was informed of a Switchover Help Scheme being run by the BBC to help older and disabled people with everything they needed to switch one TV to digital. The Scheme could help anyone who: x was aged 75 or over, or x was registered bind or partially-sighted, or x was receiving Disability Living Allowance, Mobility Supplement, Attendance or Constant Attendance Allowance; or x had lived in a care home for six months or more. Finally, Mr MacNeill responded to questions raised by elected members and undertook to ask a member of the Help Scheme to contact Councillor Glass in relation to her specific questions. The Provost thanked Mr MacNeill for his informative presentation. Decision 701 To note the terms of the presentation. 3. MINUTE The Council approved the minute of its meeting held on Tuesday 25th January 2011. 4. CORRESPONDENCE ARISING FROM PREVIOUS DECISIONS The Council noted the correspondence arising from previous decisions (copies of which had been circulated). The Provost requested that, in future, members consider the terms of motions submitted in relation to sending correspondence to other councils, MPs and MSPs, given that a number of local authorities had indicated that they had no interest in hearing from West Lothian Council in relation to the subject matter contained in the motions. 5. MINUTE OF MEETING OF EMPLOYEE APPEALS COMMITTEE The Council noted the minute of meeting of the Employee Appeals Committee held on Friday 28th January 2011. 6. ELECTION BUSINESS - LOCAL REVIEW BODY The Provost informed the Council that he had reviewed his position with regards to his attendance at the Local Review Body and had subsequently withdrawn his resignation on the basis that the times of the meetings could be altered to 11.00 am. The Council agreed that the Provost remain as Chair of the Local Review Body and noted that future meetings be scheduled for 11.00 am. 7. TREASURY MANAGEMENT - STRATEGY FOR 2011/12 The Council considered a report (copies of which had been circulated) by the Head of Finance and Estates seeking approval for the Treasury Management Strategy for 2011/12. The Treasury Management Strategy, copies of which were attached to the report, detailed the expected activities of the treasury function in 2011/12. 702 Its production and submission to full Council was a requirement of the Treasury Management Code and the Scottish Investment Regulations. The requirements of the Prudential Code had been incorporated into the Strategy report. The Head of Finance and Estates amplified aspects of the report and undertook to inform elected members of the level of the Council’s Public Works Loan Board (PWLB) borrowing in May 2007. Decision To approve the terms of the report. 8. OVERVIEW OF LOCAL AUTHORITY AUDITS 2010 - AUDIT SCOTLAND The Council considered a report (copies of which had been circulated) by the Head of Finance and Estates presenting a comprehensive overview report on the 2009/10 audits of local authorities by the Controller of Audit incorporating the Accounts Commission’s findings. The overview report was attached as an appendix to the report by the Head of Finance and Estates. The report advised that the Accounts Commission welcomed the commitment shown by councils to improving financial planning and overall resource management. The Commission also acknowledged and welcomed the continuing commitment to securing Best Value and good quality outcomes for citizens, the development of corporate improvement programmes, improved strategic workforces planning and improvements in asset management. The Controller of Audit’s report was split into three sections; namely, the Controller of Audit’s foreword which set the scene, managing resources in 2010, and challenges for 2011 and beyond. The Head of Finance provided a summary of the key points arising from the Controller’s report under each of these categories. The Head of Finance and Estates highlighted that the Auditor’s report on the council’s 2009/10 Accounts acknowledged that the council was developing strategic and financial plans for future years and that the council continued to demonstrate a clear commitment to continuous improvement, and had effective governance arrangements in place. Taking account of the issues raised in the overview report, the Head of Finance and Estates considered that the council should be well placed to meet the difficult challenges that lay ahead. The Council was recommended to:- x note the report and refer it to the Audit Committee for consideration. 703 x note that a report would be prepared for the Partnership and Resources PDSP providing full responses to the action points and key questions for elected members set out in Appendix 1 of the Audit Scotland report. Motion “To approve the terms of the report, and to note that non-members would be invited to attend the meeting of the Partnership and Resources PDSP for consideration of this item of business.” Moved by Leader of the Council, seconded by Councillor Anderson. Amendment To approve the terms of the report and to approve a third recommendation as undernoted:- “to request Audit Scotland to review the council’s governance arrangements and to report on best practice, and for officers to bring a report to a future meeting of the Council.” Moved by Councillor McGinty, seconded by Councillor Muldoon. Decision On a vote being taken, the motion was successful by 17 votes to 15 votes and it was agreed accordingly. 9. NOTICE OF MOTION - EDUCATION - SUBMITTED BY COUNCILLOR FITZPATRICK (HEREWITH) The Council considered a motion submitted by Councillor Fitzpatrick in the following terms:- “West Lothian Council recalls the promises on education made by the SNP whilst in opposition, agrees that the record of the SNP Scottish Government in Office has proved to be a disaster for Scottish Education and notes: x The failure of the Scottish Futures Trust has held back investment in our school buildings. x Failure to introduce class sizes in P1 to P3 to maximum of 18 or fewer x Trained teachers leaving Scotland in record numbers because they are unable to get a job 704 x The cut of 3000 teachers has a direct impact on the educational development of our children and the careers of our young graduates. x Budget cuts in West Lothian have resulted in the loss of classroom assistants, a threat to janitorial staff hours, the introduction of charges, and reductions in services. x The u-turn on student finance has let