Dumfries and Galloway Council Minutes Date: Tuesday 20 September 2016 Time: 10:40am Place: Council Offices, English Street, Dumfries (reports) Attendance Details Members: Ronnie Nicholson (Leader) - North West Dumfries Ted Thompson (Depute Leader) - Lochar Graham Bell - North West Dumfries Ian Blake - Abbey Richard Brodie - Annandale South Ian Carruthers - Annandale South Karen Carruthers - Annandale East and Eskdale Finlay Carson - Castle Douglas and Glenkens Brian Collins - Castle Douglas and Glenkens Rob Davidson - Abbey Jim H Dempster - Mid and Upper Nithsdale Iain Dick - Stranraer and North Rhins Peter Diggle - Annandale North Archie Dryburgh - Annandale East and Eskdale Andy Ferguson - North West Dumfries Grahame Forster - Wigtown West Alistair Geddes - Mid Galloway Jack Groom - Nith Ivor A Hyslop - Lochar Jeff Leaver - Lochar Gail Macgregor - Annandale North Jane S Maitland - Dee Denis R Male - Annandale East and Eskdale Sean W Marshall - Annandale South John Martin - Nith Tom A McAughtrie - Abbey Jim McClung - Wigtown West Jim McColm - Mid Galloway Marion McCutcheon - Stranraer and North Rhins David J McKie - North West Dumfries Graham Nicol - Mid Galloway Ronnie E Ogilvie - Annandale South George N Prentice - Castle Douglas and Glenkens Willie Scobie - Stranraer and North Rhins Davie Stitt - Abbey John Syme - Mid and Upper Nithsdale Stephen Thompson - Annandale North Roberta Tuckfield - Wigtown West Alastair Witts - Nith Andrew S Wood - Mid and Upper Nithsdale Colin Wyper - Dee Apologies: Gillian Dykes - Mid and Upper Nithsdale Patsy Gilroy - Dee Yen Hongmei Jin - Lochar Craig Peacock - Annandale East and Eskdale Colin Smyth - Nith Graeme Tait - Annandale North Item Item/Description Number PUBLIC 1 SEDERUNT AND APOLOGIES 41 Members present, 5 apologies and 1 Member not present PROCEDURE - The Leader advised Members that he had an additional item of business deemed urgent due to the need for a decision and that this would be consider at Item 11 - Any other business deemed urgent by the Chairman due to the need for a decision. 2 DECLARATIONS OF INTEREST NONE declared 3 MINUTE OF MEETING OF 28 JUNE 2016 • Minutes • Final - Minute - 28 June 2016 (268K/bytes) Decision APPROVED 4 2016 PROGRESS REVIEW OF SERVICES FOR CHILDREN AND YOUNG PEOPLE: FINDINGS OF THE CARE INSPECTORATE - REPORT BY DIRECTOR CHILDREN, YOUNG PEOPLE AND LIFELONG LEARNING • Report - Final - Care Inspectorate (157K/bytes) • Report - Final - Care Inspectorate appendix (299K/bytes) Decision Item Item/Description Number NOTED 4.1 the findings of the Care Inspectorate regarding positive progress with respect to the five priorities for improvement, these being that community planning partners have made: (i) significant progress in ensuring that children are protected from abuse and risk; (ii) significant progress in improving the life-chances of our looked-after children, young people and care-leavers; (iii) significant progress in strengthening our collaborative leadership to plan and direct the delivery of integrated children’s services; (iv) considerable progress in ensuring consistently high standards of work are achieved; (v) reasonable progress to ensure that vulnerable children, young people and families get the help they need as early as possible; (vi) the comments from the Chief Executive of the Care Inspectorate in commending Dumfries and Galloway: "We are pleased to note the significant progress made by the Dumfries and Galloway community planning partnership. This review identified a change in culture across services. There was a much greater sense of joint responsibility resulting in greatly improved joint working at all levels"; and 4.2 the Care Inspectorate’s decision that they are confident that our partnership has the conditions in place for continued improvement and that they no longer see a need to carry out further progress reviews in respect of the 2014 Joint Inspection. 5 ANNUAL TREASURY MANAGEMENT REPORT 2015/16 - REPORT BY HEAD OF FINANCE AND PROCUREMENT • Report - Final - Treasury Management (132K/bytes) Decision Item Item/Description Number NOTED 5.1 the treasury management activities for the year 2015/16 resulting in a net debt position of £191.774m at 31 March 2016 detailed in paragraph 3.3 of the report: and 5.2 the transactions and debt performance during 2015/16 detailed in paragraphs 3.16 - 3.30 below, including net interest paid of £8.276m during the year outlined in paragraph 3.28 of the report. MEMBER - Ian Blake left the meeting - 40 Members present 6 AMENDMENTS TO STANDING ORDERS AND SCHEME OF ADMINISTRATION AND DELEGATION TO COMMITTEES - DIRECTOR CORPORATE SERVICES • Report - Final - Standing Orders (152K/bytes) Decision AGREED 6.1 Standing Order 10.3.2 - Voting - wording as follows:- This Standing Order includes the provision that for votes taken by ballot for appointments of Officers and disciplinary and grievance issues, the minute of the meeting will only record that a ballot has taken place. There is also the occasion when an item of exempt business is voted Item Item/Description Number upon by roll call (Environment and Infrastructure Committee of 1 July 2016). There can be no recording of the details of the vote as the terms of such would disclose exempt information, therefore, there can only be a summary of the report and decision. It is proposed that this is incorporated into SO 10.3.2 as an additional bullet point as follows, noting that the record of voting is retained in terms of legislative requirements: In relation to votes taken by roll call on exempt items of business, there will only be a formal record that a vote has taken place and a summary of the decision without disclosing the exempt information. 6.2 Scheme of Administration and Delegation to Committees - Substitution on Committees - wording as follows:- (i) Section 4.6 of the Scheme provides for the rules on substitution. It is agreed that this is also reflected in Standing Orders under SO 11 - Committees, Sub Committees and Area Committees to the effect Substitution is permitted on Sub Committees but only in terms of the Scheme of Administration and Delegation to Committees and subject to completion of any training required in terms of that Scheme; (ii) In terms of the Scheme, it is agreed that the wording under section 4.6 is tightened as below in bold: Unless otherwise stated elsewhere in this Scheme decided by a Committee, substitution on Sub-Committees (with the exception of Common Good Fund Sub-Committees; Panels of the Local Review Body and Hearings of the Civic Government Licensing Panel) is permitted subject to the following criteria: (i) the substitute must be an Elected Member of the appointing Committee and be a member of the political grouping which appointed them to the Sub Committee; (ii) the substitute is appointed for the whole meeting concerned; (iii) the substitute must have completed any training required in terms of the Scheme; (iv) the substitute must be formally intimated to the appropriate officer by the Group Leader whom failing the Depute Group Leader; (v) the substitute must declare his/her presence at the Item Item/Description Number beginning of the meeting and be so minuted; (vi) the substitute is not a depute or proxy for the original Member; 6.3 Standing Order 17.4 - Right to Attend Meetings - wording as follows:- This Standing Order gives a Member the right to attend a Committee, Sub Committee or Area Committee of which they are not a Member where there is an item of exempt business being discussed unless the Chairman requests the Member to leave. It is agreed to add that this right does not extend to matters of employment; grievance or disciplinary issues dealt with by the Employment and Appeals Sub Committee; 6.4 Standing Order 9 - Order of Business - wording as follows:- This Standing Order should include for the fact that Members are required to declare any interests in accordance with the Councillors’ Code of Conduct and this will be inserted after the recording of the sederunt. An additional Standing Order will be added at 9.2 to the effect: Any Member who is present at a meeting where an item of business is to be dealt with in which they have a financial or non financial interest in terms of the Councillors’ Code of Conduct shall disclose that interest at the start of the meeting or if the interest is only identified when the matter is being discussed, as soon as the Member realises that it is necessary to declare the interest. If less than a quorum is entitled to vote on an item of business due to Member(s) having declared an interest which require them to leave the room, that item cannot be dealt with at that meeting and the matter referred to the next meeting or parent Committee/ Council whichever is required; 6.5 Standing Order 10.3.3 - Equality of Votes - wording as follows:- In Item Item/Description Number the event of an equality of votes, the Chairman has a casting vote unless the vote relates to an appointment of a Member to an office or committee in which case the decision shall be by lot. There is nothing, however, to prevent the Chairman from not exercising their casting vote on other matters of business and this is not explicitly provided for in Standing Orders. With regard to delegated matters the item of business is determined at the next parent Committee, in the case of Sub Committees, or the Full Council in the case of Committees. If the Leader decides not to exercise the right to use a casting vote at Full Council then the matter will be determined by lot; 6.6 Standing Order 12.1 Scheme (Section 2) - Powers Reserved to the Council - wording as follows:- In terms of the Local Government (Scotland) 1973 Section 53 as amended, the preparation and review of the Scheme for Community Councils should be added under the statutory exclusions from delegation to Committee.