MINUTE VOLUME CONTENTS
Planning Applications Committee
7 September 2016 ........................................ 2023
(already approved by Council on 14 September 2016)
Local Review Body
7 September 2016 ........................................ 2025
(already approved by Council on 14 September 2016)
Council
14 September 2016 ...................................... 2029
Cabinet
15 September 2016 ...................................... 2043
Social Work Committee
15 September 2016 ...................................... 2047
Cabinet (Police & Fire)
22 September 2016 ...................................... 2049
Cabinet
29 September 2016 ...................................... 2053
Audit & Scrutiny Committee
29 September 2016 ...................................... 2057
Council
29 September 2016 ...................................... 2067
Education Committee
6 October 2016 ............................................ 2071
Licensing Committee
11 October 2016 .......................................... 2075
2023
MINUTE
of
PLANNING APPLICATIONS COMMITTEE
Minute of Meeting held at 2.00pm in the Council Chamber, Council Headquarters,
Giffnock on 7 September 2016.
Present:
Councillor Kenny Hay (Chair)
Betty Cunningham (Vice Chair)
Provost Alastair Carmichael
Councillor Barbara Grant
Councillor Stewart Miller
Councillor Gordon McCaskill
Councillor Paul O’Kane
Councillor Hay in the Chair
Attending:
Gillian McCarney, Planning and Building Standards Manager; Ian Walker and Graham
Shankland, Principal Planners (Development and Management); Shona Fraser,
Environmental Services Manager; and Paul O’Neil, Committee Services Officer.
DECLARATIONS OF INTEREST
2161. There were no declarations of interest intimated.
NOTIFICATION OF PLANNING APPEALS AND APPEAL DECISIONS
2162. The committee considered a report by the Director of Environment, advising of the
intimation by the Directorate for Planning and Environmental Appeals (DEPA) of the
outcome of an appeal relating to the erection of a 50 metre high wind turbine with access
track and sub-station at land circa 458 metres south-west of Nether Carswell, Kingston
Road, Neilston. The application for planning permission had been granted at the meeting of
the committee on 4 November 2015 subject to conditions.
The report explained that the applicant had appealed three of the conditions that were
attached to the planning permission (i.e. conditions 2, 3 and 5) regarding wind speed
monitoring, noise monitoring, and how complaints are handled.
The Reporter partly allowed the appeal by modifying conditions 1, 3 and 5. The terms of
condition 2 remained unchanged.
The committee noted the terms of the report.
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APPLICATION FOR PLANNING PERMISSION
2163. The committee considered a report by the Director of Environment, on an application
for planning permission requiring consideration by the committee and following discussion
agreed that the application be determined as indicated at Appendix 1 accompanying this
Minute.
CHAIR
APPENDIX 1
2024A
TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997
AS AMENDED BY THE PLANNING ETC (SCOTLAND) ACT 2006
PLANNING (LISTED BUILDINGS AND CONSERVATION AREAS) (SCOTLAND) ACT 1997
Index of applications under the above acts considered by Planning Applications Committee on
07.09.2016
Reference No: 2015/0575/TP
Applicant:
Miller Homes Ltd
Mr. Jamie Irvine
Glasgow Business Park
Parkway Court
1125 281 Springhill Parkway
Baillieston, G69 6GA
Site:
Ward: 2
Agent:
Keppie Planning Ltd
Mr. Gordon Keppie
160 West Regent Street
Glasgow
G2 4RL
Site Bounded By Springfield And Springhill Road Barrhead East Renfrewshire
Description:
Erection of 140 dwellinghouses and 16 flats with associated open space,
play areas, landscaping and SUDS area.
Decision: Disposed to Grant Subject to Conditions and subject to a legal agreement
2024B
2025
MINUTE
of
LOCAL REVIEW BODY
Minute of Meeting held at 2.30pm in the Council Chamber, Council Headquarters,
Giffnock on 7 September 2016.
Present:
Councillor Kenny Hay (Chair)
Betty Cunningham (Vice Chair)
Provost Alastair Carmichael
Councillor Barbara Grant
Councillor Stewart Miller
Councillor Gordon McCaskill
Councillor Paul O’Kane
Councillor Hay in the Chair
Attending:
Graham Shankland, Principal Planner (Planning Adviser); Gerry Mahon, Chief Officer - Legal
and Procurement (Legal Adviser); and Paul O’Neil, Committee Services Officer (Clerk).
DECLARATIONS OF INTEREST
2164. There were no declarations of interest intimated.
Variation in Order of Business
In accordance with the terms of Standing Order 19, Councillor Hay altered the order of
business to facilitate the conduct of the meeting.
NOTICE OF REVIEW – REVIEW 2016/11 – ERECTION OF TWO STOREY SIDE
EXTENSION AT 1 CAMERON DRIVE, NEWTON MEARNS (REF NO: 2016/0146/TP)
2165. The Local Review Body considered a report by the Deputy Chief Executive, relative
to a ‘Notice of Review’ submitted by Mr Richard Coats against the decision taken by officers
to refuse planning permission in respect of the erection of a two storey side extension at
1 Cameron Drive, Newton Mearns.
The decision had been made in accordance with the Council’s Scheme of Delegation made
in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997 as amended.
In accordance with the decision taken at the meeting on 10 August 2016, the Local Review
Body had carried out an unaccompanied site inspection of the application site immediately
prior to the meeting.
2026
Having been advised that the applicant had submitted new evidence which was not before
the Appointed Officer at the time the determination of the application was made and having
noted the procedure that required to be followed should the new information be taken into
account, the Local Review Body decided not to give consideration to the new information in
the determination of the review.
At this stage, the Local Review Body, having considered the information previously
circulated, agreed that it had sufficient information to determine the review without further
procedure.
Following discussion, Councillor Miller, seconded by Councillor Cunningham, moved that the
decision as set out in the decision notice of 5 May 2016 be overturned and that planning
permission be granted.
Councillor Grant moved as an amendment to uphold the decision of the Appointed Officer as
set out in the decision notice of 5 May 2016 and refuse planning permission. In the absence
of a seconder, her amendment fell.
At this stage, it was agreed that the decision of the Appointed Officer as set out in the
decision notice of 5 May 2016 be overturned and that planning permission be granted.
In accordance with the terms of Standing Order 28(e), Councillor Grant asked for her dissent
to be recorded.
Sederunt
In accordance with agreed procedures, Councillor Hay left the meeting prior to the
consideration of the following review case as he had not attended the site inspection.
Chair
Councillor Cunningham assumed the Chair.
NOTICE OF REVIEW – REVIEW 2016/10 – ERECTION OF SINGLE STOREY EXTENSION
AT 57 BLACKBYRES COURT, BARRHEAD (REF NO: 2016/0159/TP)
2166. The Local Review Body considered a report by the Deputy Chief Executive, relative
to a ‘Notice of Review’ submitted by Mr and Mrs David Orr against the decision taken by
officers to refuse planning permission in respect of the erection of a single storey extension
at 57 Blackbyres Court, Barrhead.
The decision had been made in accordance with the Council’s Scheme of Delegation made
in terms of Section 43A of the Town and Country Planning (Scotland) Act 1997 as amended.
In accordance with the decision taken at the meeting on 10 August 2016, the Local Review
Body had carried out an unaccompanied site inspection of the application site immediately
prior to the meeting.
Having been advised that the applicants had submitted new evidence which was not before
the Appointed Officer at the time the determination of the application was made and having
noted the procedure that required to be followed should the new information be taken into
account, the Local Review Body decided not to give consideration to the new information in
the determination of the review.
2027
At this stage, the Local Review Body, having considered the information previously
circulated, agreed that it had sufficient information to determine the review without further
procedure.
Following discussion, Councillor Cunningham, seconded by Councillor Miller, moved that the
decision as set out in the decision notice of 14 June 2016 be overturned and that planning
permission be granted.
Councillor Grant moved as an amendment to uphold the decision of the Appointed Officer as
set out in the decision notice of 14 June 2016 and refuse planning permission. In the
absence of a seconder, her amendment fell.
At this stage, it was agreed that the decision of the Appointed Officer as set out in the
decision notice of 14 June 2016 be overturned and that planning permission be granted,
subject to a standard condition relating to materials being attached to the planning
permission.
In accordance with the terms of Standing Order 28(e), Councillor Grant asked for her dissent
to be recorded.
CHAIR
2028
2029
MINUTE
of
EAST RENFREWSHIRE COUNCIL
Minute of Meeting held at 7.00pm in the Council Chamber, Council Headquarters,
Giffnock, on 14 September 2016.
Present:
Provost Alastair Carmichael
Depute Provost Betty Cunningham
Councillor Tony Buchanan
Councillor Danny Devlin
Councillor Jim Fletcher (Leader)
Councillor Charlie Gilbert
Councillor Barbara Grant
Councillor Elaine Green
Councillor Kenny Hay
Councillor Alan Lafferty
Councillor Gordon McCaskill
Councillor Stewart Miller
Councillor Paul O’Kane
Councillor Tommy Reilly
Councillor Ralph Robertson
Councillor Jim Swift
Councillor Gordon Wallace
Provost Carmichael in the Chair
Attending:
Lorraine McMillan, Chief Executive; Caroline Innes, Deputy Chief Executive; Julie Murray,
Chief Officer – Health and Social Care Partnership; Mhairi Shaw, Director of Education; Andy
Cahill, Director of Environment; Margaret McCrossan, Head of Accountancy (Chief Financial
Officer); Jim Sneddon, Head of Democratic and Partnership Services; Iain MacLean, Head of
Environment (Planning, Economic Development and City Deal); Janice Collins, Head of
Education Services (Equality and Equity); Gillian McCarney, Planning and Building Standards
Manager; Eamonn Daly, Democratic Services Manager; and Linda Hutchison, Senior
Committee Services Officer.
Apologies:
Councillors Ian McAlpine, Mary Montague and Vincent Waters.
DECLARATIONS OF INTEREST
2167. There were no declarations of interest intimated.
Urgent Item of Business
Provost Carmichael gave notice that he had accepted an additional item of business in
relation to the Fifth Statutory Review of Electoral Arrangements as urgent on the
grounds of the need to determine how to proceed following the decision made on the
Council’s electoral wards by the Local Boundary Commission for Scotland (The
Commission).
2030
FIFTH STATUTORY REVIEW OF ELECTORAL ARRANGEMENTS
GOVERNMENT BOUNDARY COMMISSION FOR SCOTLAND
-
LOCAL
2168. Under reference to the Minute of the meeting of 15 June 2016 (Page 1959, Item 2091
refers), when it had been agreed to submit a formal response to Scottish Ministers on
proposals by The Commission relating to the Fifth Statutory Review of Electoral Arrangements
reiterating the Council’s fundamental opposition to the ward re-design proposals which were
considered to be based on the application of a flawed methodology; and, subject to the
decision taken by Scottish Ministers and the level of interest from other councils, to proceed
with legal action to defend the Council’s position in the interests of effective and convenient
local government, Councillor Fletcher reported he had just received written confirmation that
The Commission’s proposals had been accepted.
Having referred to the reduction in elected Members serving in East Renfrewshire from 20 to
18 despite a rapidly increasing local population, Councillor Fletcher commented that this was
contrary to the approach adopted on the review of UK Parliamentary Constituencies through
which ward parity was promoted. Whilst challenging the decision and approach taken, he
commented on the lack of evidence that Councillors’ workload was driven by deprivation and
the robust arguments made by the Council on the best future, local arrangements. He
expressed surprise and disappointment regarding the outcome of the review, particularly given
comments made by Scottish Ministers suggesting that they would support local views on
future arrangements where all-party agreement existed locally as in East Renfrewshire.
Councillor Fletcher commented on the outcome of the review elsewhere and, given the need
to determine quickly how best to proceed, sought approval to reconvene the all-party subgroup of elected Members established previously to consider the review, to enable it to review
the Commission’s final decision, ascertain the strength of feeling for challenging the outcome
legally or otherwise locally and amongst other local authorities, and determine the way forward
without the need for a further report to be submitted to the Council.
Councillors Buchanan and Miller supported the proposal following which Councillor Grant
commented that the level of local representation in local authority areas in Scotland was well
below that in many other European regions. In response to Councillor Reilly, the Chief
Executive confirmed that action would be required quickly if a judicial review was to be
pursued, commented on the associated work involved, and explained that the Chief Officer
(Legal and Procurement) would be able to provide guidance on associated timescales,
including in the context of the forthcoming local elections.
The Council agreed that the sub-group of elected Members be reconvened and that it be
delegated to that sub-group to determine whether or not the Council should proceed to judicial
review.
MINUTE OF PREVIOUS MEETING
2169. The Council considered and approved the Minute of the meeting held on 15 June
2016.
2031
MINUTES OF MEETINGS OF COMMITTEES
2170. The Council considered and approved the Minutes of the meetings of the undernoted,
except as otherwise referred to in Items 2171 to 2172 below:(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
(m)
(n)
Cabinet – 16 June 2016;
Social Work Complaints Review Committee – 6 July 2016;
Licensing Committee – 6 July 2016;
Licensing Committee – 11July 2016;
Audit and Scrutiny Committee – 4 August 2016;
Civic Hospitality Committee – 10 August 2016;
Local Review Body – 10 August 2016;
Licensing Committee – 16 August 2016;
Cabinet – 18 August 2016;
Audit and Scrutiny Committee – 18 August 2016;
Education Committee – 25 August 2016;
Cabinet – 1 September 2016;
Planning Applications Committee – 7 September 2016; and
Local Review Body – 7 September 2016.
LICENSING COMMITTEE - 16 AUGUST 2016 - CIVIC GOVERNMENT (SCOTLAND) ACT
1982 – LOCAL CONDITIONS OF BOOKING OFFICE LICENCES
2171. Under reference to the Minute of the meeting of the Licensing Committee of 16 August
2016 (Page 1990, Item 2128 refers), when policy changes to the local conditions attached to
booking office licences had been approved, Councillor Miller commented that the Minute did
not reflect reference made at the meeting to the total number of vehicles, including 9 private
hire vehicles, which were wheelchair accessible which contributed to meeting targets in the
Single Outcome Agreement.
It was agreed to note the position.
CABINET - 1 SEPTEMBER 2016 - EASTWOOD NURSERY ALLOTMENTS BOUNDARY
WALL
2172. Under reference to the Minute of the meeting of the Cabinet of 1 September 2016
(Page 2020, Item 2158 refers), when it had been noted that the Audit and Scrutiny Committee
had not supported a decision made by the Cabinet on 16 June 2016 (Page 1968, Item 2014
refers) to construct a replacement boundary wall at Eastwood Nursery Allotments as set out at
Option (ii) of the original report, and approved a subsequent recommendation made by the
Audit and Scrutiny Committee allowing the existing wall to remain, Councillor Swift
commented on the independent structural engineer’s report prepared on the wall and that it
had not been submitted to either the Cabinet or the Committee. He referred to comments
within that report on wind loading, the specification and construction of the wall and related
issues, highlighting that it did not say the wall was unsafe but had recommended that it be
taken down and rebuilt. Having referred to use of the area beside the wall and his related
concerns, Councillor Swift proposed that the Council reconsider the matter, follow the
independent structural engineer’s advice or take action to ensure the wall was more robust,
adding that liability for meeting the related costs could be determined in due course.
2032
The Democratic Services Manager clarified that, in terms of the Council’s Standing Orders, it
was not competent for the Council to reconsider the issue within 6 months of the Cabinet
decision of 1 September 2016 without a notice of Motion being submitted and accepted to
consider this in accordance with Standing Order No. 25, with such a Motion requiring to bear
the names of at least half of the Members of the Council.
Provost Carmichael commented and it was noted that it remained an option for Councillor
Swift to pursue the submission of a Motion to a future meeting if he wished to do so.
QUESTIONS TO CONVENERS
2173. Provost Carmichael intimated that no questions had been submitted.
STATEMENTS BY CONVENERS
2174. The following statement was made:Empowering Teachers, Parents and Communities to Achieve Excellence and Equity in
Education – Statement by Councillor Green - Convener for Education and Equalities
Having referred to the publication of a governance review of education introduced by the
Deputy First Minister in the Scottish Parliament on 13 September 2016, Councillor Green
highlighted that the Council had welcomed the opportunity to contribute to the debate on
education governance and consider questions posed in the document Empowering Teachers,
Parents and Communities to Achieve Excellence and Equity in Education.
Councillor Green emphasised that the principles of closing the attainment gap had always
been at the heart of what the Council was trying to achieve, especially in education, referring
to evidence of this locally such as at St Luke’s High School. She clarified that this was why
the Deputy First Minister had been invited to visit the school in October to meet staff, children,
young people, officers and Members; hear first-hand how and why the local system worked so
well; and find out about work being done to achieve excellence and equity and offer ideas for
improvement within East Renfrewshire and beyond. She stated that she anticipated that local
head teachers would tell the Deputy First Minister they already had autonomy, whilst
acknowledging that there was more to do to empower communities and parents and clarifying
that work was being done to enable parents to become more involved in local decisions in
schools and communities such as through the Early Years and Parenting Strategies.
Having referred to her role as Convener to ensure that the current high quality of education in
East Renfrewshire was maintained, Councillor Green emphasised the on-going willingness
locally to share excellent practices in local schools and the Education Department,
commenting on work already done to work with and lead inter-authority improvement work
with neighbouring authorities. She expressed hope that the Deputy First Minister would learn
from East Renfrewshire and realise that if other authorities replicated what was in place
locally, more children and young people would achieve excellent outcomes which local
learners were already attaining and improving on each year.
The Council noted the position.
2033
STATEMENTS BY REPRESENTATIVES ON JOINT BOARDS/COMMITTEES
COMMUNITY JUSTICE AUTHORITY
AND
2175. The following statement was made:North Strathclyde Community Justice Authority – Statement by Councillor Alan Lafferty
Having referred to his attendance at a recent meeting of the North Strathclyde Community
Justice Authority, Councillor Lafferty clarified that it was likely that only one further meeting of
the Authority would take place in December before the body disbanded in March 2017 and
related local responsibilities transferred to the Community Planning Partnership in East
Renfrewshire. He clarified, however, that a further meeting would be convened if required.
The Council noted the position.
PROVOST’S ENGAGEMENTS
2176. The Council considered and noted a report by the Deputy Chief Executive, providing
details of civic engagements attended and civic duties performed by Provost Carmichael since
the last meeting.
HEALTH AND SOCIAL CARE PARTNERSHIP END YEAR PERFORMANCE 2015/16
2177. The Council considered a report by the Chief Officer - Health and Social Care
Partnership (HSCP) on the performance of the HSCP and former Community Health and Care
Partnership (CHCP) from April 2015 to March 2016.
Having referred to the inaugural meeting of the HSCP Integration Joint Board (IJB) in August
2015 and formal delegation of health and care services commencing in October 2015 and
related issues, the report referred to statutory guidance recently published by the Scottish
Government which would come into force for 2016/17 on the prescribed content of integration
authorities’ performance reports. In advance of this the HSCP had considered it helpful to
cover the main reporting areas and provide performance information where data was
available. Reference was made to the Strategic Plan for the HSCP which stated that progress
and performance would be reported for 2015/16 in the form of an Organisational Performance
Report, a copy of which was attached to the report. This covered both CHCP and HSCP
performance for 2015/16 in relation to commitments within East Renfrewshire’s Outcome
Delivery Plan (ODP) and the NHS Greater Glasgow and Clyde (NHSGGC) Local Delivery
Plan (LDP).
Reference was made to a range of issues including national health and wellbeing outcome
indicators, experiences of services, national indicators and related trends over time, Getting it
Right for Every Child and related issues, and integration planning and delivery. Other issues
commented on included financial planning and performance, best value, locality
arrangements, inspection of services and a review of the HSCP’s Strategic Plan. Regarding
the HSCP Organisational Performance End of Year report appended to the report, it was
clarified that the report was set out under the previous strategic priorities, making clear links to
the SOA and LDP on which further comments were provided in relation to early intervention
and the prevention of ill-health, the shifting of the balance of care to Self-Directed Support,
and the reshaping of care for older people.
2034
It was confirmed that the Performance and Audit Committee of the IJB had approved the
unaudited annual report and accounts for the IJB for the period 27 June 2015 to 31 March
2016, that the accounts were now subject to external audit, and that the committee would
consider the External Auditor’s report, proposed audit certificate and audited annual accounts
on 28 September 2016. The report concluded that the report demonstrated a strong start to
the work of the HSCP, building on the successful CHCP between the Council and NHSGGC
which had operated previously.
Whilst commenting on the report, Councillor Lafferty referred to the establishment of the new
HSCP and IJB, clarifying that much of the partnership’s work had already been reported
through the Council’s ODP, with the report before the Council overviewing the positon on
some key reporting areas. He highlighted that the successful performance was attributable to
the Council’s commitment to integration of health and social care and that the previous CHCP
had been a model of good practice which other areas were following. He welcomed that this
commitment was reflected in positive feedback from local people on services, examples of
which were cited, adding that the quality of care provision locally was high and that both the
Council’s own and contracted services had achieved good Care Inspectorate grades, some
local services receiving the highest grade possible.
Referring to the authority’s corporate parenting responsibilities, Councillor Lafferty highlighted
that it was known from young people how important the Council’s commitment to Getting it
Right for Every Child was, that a successful fostering campaign and work with kinship carers
had resulted in fewer children being in residential care and that keeping children within East
Renfrewshire enabled them to maintain local friendships and support and benefit from the
Council’s excellent education system. He also referred to continued high performance in
getting people out of hospital, but rising levels of emergency admissions which remained
challenging and new developments being tested to further improve performance and
residents’ experiences. It had been noted that satisfaction from carers was mixed, this having
been prioritised as an area for development in the Strategic Plan.
Referring to the importance of best value, Councillor Swift sought an update on the future of
the Dickie and Lygates buildings and sale of Bonnyton House. Regarding Bonnyton House,
the Chief Officer - HSCP clarified that a closing date had been set for offers and that a related
report was to be submitted to the Cabinet in October. The Director of Environment clarified
that the Dickie Building was surplus to requirements and had been offered for sale, the current
position being that bids were being analysed. Regarding the Lygates building, he reported that
he had asked officers to prepare an option appraisal report on possible ways forward. He
clarified that when analysis on both issues was complete, he would be happy to provide
feedback.
The Council agreed:(a)
that the Director of Environment update Councillor Swift on the sale of the
Dickie Building and the position on the Lygates building in due course; and
(b)
otherwise, to note the report.
UPDATE ON IMPROVEMENT AND CHANGE IN EAST RENFREWSHIRE COUNCIL
2178. Under reference to the Minute of the meeting of the Cabinet of June 2016 (Page 1967,
Item 2101 refers), when progress developing the Modern Ambitious Programme (MAP) had
been noted, and the Minute of the meeting of the Cabinet of 18 August 2016 (Page 1994, Item
2131 refers) when a further update on MAP had been noted as part of the Council’s Annual
2035
Efficiency Statement for 2015/16 and when it had been agreed that the final version of the
current summary of improvement and change in East Renfrewshire “A Map of Improvement
and Change in East Renfrewshire” would be submitted to this meeting, the Council considered
a report by the Deputy Chief Executive regarding change activity and the document referred
to, a copy of which was attached to the report.
The document reflected contributions from each department and broad-ranging coverage of
some of the Council’s key projects set out at a high level, organised by SOA theme. These
examples were to be built on over time as change continued to be delivered at a significant
pace and scale. It was envisaged that the document would be published on the Council’s
website and made available as part of evidence for the forthcoming audit of Best Value.
The report concluded that significant programmes of work were underway and moving at a
considerable pace across the Council and HSCP covering complex and challenging areas and
which challenged fundamental building blocks of how the Council operated. It was stated that
these resource intensive areas of work, given the right input and commitment, had real
opportunity to transform how the Council worked and deliver efficiencies.
Having referred to the content and approach taken on the layout of the “Map of Improvement
and Change in East Renfrewshire” which had been distributed to all Members to enable them
to review changes being progressed, Councillor Fletcher commended it and the report, adding
that it reflected the Council’s approach in the current financial and fast changing environment.
Referring to comments in the document which reflected that the Council had taken action to
build relationships and strengthen the role and remit of community councils, Councillor Miller
challenged the comments in the context of the current number of community councils.
Commenting on the processing of invoice payments, Councillor Miller reported that he had
been assured that the issue that had arisen regarding this was being addressed and
encouraged performance on this matter above the minimum required.
In response to Councillor McCaskill who referred to workforce planning issues, including the
Council’s ageing workforce, related concerns he held and the need to attract younger
applicants to apply for posts, the Deputy Chief Executive clarified that the Council was doing
what it could to address such issues, such as through the Modern Apprentice Scheme, adding
that there was acute awareness of the need to progress matters in full accordance with
legislation aimed at addressing age discrimination.
Councillor Swift welcomed the report and progress, but expressed the view that savings could
have been achieved much earlier for the benefit of local residents before austerity had made
securing savings and efficiencies more pressing. Councillor Buchanan commended the
document, expressing confidence that residents would acknowledge that the Council was
performing well. He also commended staff for the progress and contribution they were making
to ensure that the Council remained an outstanding authority.
Councillor Wallace referred to interest taken by the Audit and Scrutiny Committee on absence
levels and the need to address these. Referring to links reported between absence levels and
work on change initiatives, he stressed the importance of ensuring that as much as possible
was done to keep staff informed about and support them through the change process.
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The Council:(a)
noted the progress being made to develop a new change programme for the
future – the “Modern Ambitious Programme (MAP)” and to deliver efficiencies
for 2016/17 and beyond; and
(b)
noted the draft summary “A Map of Improvement and Change in East
Renfrewshire” attached to the report.
REVISIONS TO HUB PROCUREMENT ARRANGEMENTS FOR CAPITAL PROJECTS
2179. The Council considered a report by the Chief Executive providing an update on the
impact of local projects of changes to the structure for procuring and delivering capital projects
through the hub Design, Build, Finance and Maintain (DBFM) model as a result of the
introduction of new European System of Accounts 2010 (ESA10) rules, and seeking approval
for required amendments to the agreements relating to Eastwood Health and Care Centre.
Full details of the reasoning for changes to hub DBFM arrangements accompanied the report.
Having heard the Provost clarify the designation of the Council’s Chief Legal Officer and
following discussion, the Council:(a)
authorised the Chief Officer (Legal and Procurement) to agree the required
amendments to the documentation associated with the Eastwood Health and
Care Scheme;
(b)
noted that the Council’s sub-debt investment in the scheme was unaffected by
the Changes; and
(c)
noted that there were no further changes required to the Barrhead High School
scheme.
CAPITAL INVESTMENT IN ENERGY EFFICIENCY MEASURES
2180. The Council considered a report by the Director of Environment seeking approval to
transfer capital investment in energy efficiency measures within the Council’s Eastwood
Headquarters (HQ) building to support investment in the Council’s school estate.
Having referred to the 2016/17 Capital Plan through which investment of £140k had been
approved for efficiency measures within the HQ building to reduce energy consumption and
realise savings to redirect to other important areas, the report explained that an opportunity
had emerged subsequently to deliver significant investment in energy efficiency measures
across the Council’s property estate through investment of savings arising from reduced
energy consumption on which a further report was to be submitted in due course.
The report clarified that the works within the HQ building were likely to be financed through
alternative funding arrangements, proposing that the £140k be redirected for capital energy
conservation works in 8 primary schools which were properties with the poorest energy
performance in a list compiled. It was proposed to supplement this by Central Energy
Efficiency Funds and SALIX funding both of which had already been approved generating
investment of over £400k in the school estate to improve environmental energy performance
and make a positive impact on future revenue costs.
2037
The Council agreed that the £140,000 intended for energy efficiency upgrades within
Eastwood HQ be utilised instead to fund energy conservation measures in primary schools.
LOCAL DEVELOPMENT PLAN - RENEWABLE ENERGY SUPPLEMENTARY PLANNING
GUIDANCE
2181. Under reference to the Minute of the meeting of 23 March 2016 (Page 1884, Item 1964
refers), when the Council had approved proposed Renewable Energy Supplementary
Planning Guidance (SPG) and a complementary Strategic Environmental Assessment (SEA)
Environmental Report for formal publication and consultation, the Council considered a report
by the Director of Environment on the outcome of the consultation undertaken and seeking
approval to submit the SPG to Scottish Ministers for approval.
The report clarified that Section 22 of the Planning etc. (Scotland) Act 2006 made provision for
the preparation and adoption of SPG in connection with a Local Development Plan (LDP) and
that, when adopted, SPG formed a statutory part of the LDP. Having referred to the purpose
of SPG, it was clarified that a number of SPG documents had already been adopted forming
part of the LDP.
11 responses had been received on the SPG and 3 on the SEA Environmental Report linked
to which minor changes to the text of the SPG and SEA had been required, including the
addition of some maps and refreshing the layout. A summary of the representations received
on the SPG and SEA report and the Council’s responses were set out in Appendices 1 and 2
of the report respectively. It was confirmed that a copy of the SPG/SEA Environmental Report
and a statement setting out the publicity measures undertaken would be submitted to Scottish
Ministers together with the representations summary and responses. It was clarified that 28
days after this the guidance could be adopted unless the Council was directed by Minsters not
to do so. The issues Ministers would focus more on were outlined.
In response to various Members who referred to residents’ concerns regarding wind turbine
developments and the value of protecting the green belt, the Planning and Building Standards
Manager commented on various issues including protection zones being proposed as part of
the local approach on this issue. She also commented that a large part of the Council’s area
was unsuitable for windfarm development. She also clarified that this could be the last SPG
placed before the Council, it having been prepared in response to a change of Scottish
Government policy and the intention being to reduce the development of further SPG.
The Council agreed to:(a)
approve the proposed responses and recommendations to representations for
the finalised Supplementary Planning Guidance as detailed in Appendix 1 to
the report;
(b)
approve the proposed responses and recommendations to representations for
the finalised SEA Environmental Report as detailed in Appendix 2 to the report;
(c)
approve the submission of the finalised Supplementary Planning Guidance to
Scottish Ministers for adoption;
(d)
approve the submission of the finalised SEA Environmental Report to Scottish
Ministers; and
2038
(e)
delegate authority to the Director of Environment to approve any minor
inconsequential changes to the documents, in line with Council policy, prior to
submission to Scottish Ministers.
ANNUAL STATEMENT ON THE ADEQUACY OF INTERNAL CONTROLS
2182. Under reference to the Minute of the meeting of the Audit and Scrutiny Committee of
18 August 2016 (Page 2007, Item 2145 refers), when it had been agreed to approve the
Annual Statement on the Adequacy of Internal Controls operating within the Council during
2015/16 and submit it to the Council, the Council considered a report from the Audit and
Scrutiny Committee regarding the Statement.
Regarding comments made on the Annual Assurance Statement, Councillor Wallace referred
to the issue that had arisen on payments to providers in respect of learning disability which
suggested a lack of sufficient internal control. He commended the significant work undertaken
by the Chief Auditor to establish the facts and prepare an excellent report on the matter and
the Chief Officer - Health and Care Partnership for bringing to the Chief Auditor’s attention the
need for internal audit work to be undertaken on the issue. He clarified that an update on the
implementation of the action plan associated with the Internal Audit Report on Payment to
Care Providers was to be submitted to the next meeting of the committee
Having referred to sampling done during audit work, Councillor Wallace highlighted the
comments made in the report on an effective internal audit function and how it contributes
towards, but was not a substitute for, effective controls it being primarily the responsibility of
line management to ensure that internal controls were in place and operating effectively.
Councillor Lafferty supported the comment, welcomed that the Chief Auditor was leading the
internal audit function for the HSCP, and outlined work undertaken by the telecare care project
group and related changes introduced to address the issue that had arisen on payments to
providers.
The Council agreed to note the report.
EARLY YEARS STRATEGY UPDATE
2183. The Council considered a report by the Chief Officer - Health and Care Partnership
providing an update on progress made on implementing the Early Years Strategy and
proposing an action plan for implementation over the next two years.
The report clarified that the Early Years Framework, published in 2008, called for
transformational change through a coherent national agenda and underlined the importance of
early intervention to improve outcomes for children and families. Having commented that this
had been reinforced in 2011 by the Christie Commission through which an emphasis had
been placed on prioritising preventative expenditure and referred to related issues, including
the Children and Young People (Scotland) Act 2014 and the Early Years Collaborative
launched in 2012 and related intentions and aims, the report explained that the Early Years
Strategy approved by Council in 2013 took into consideration the local context, prioritising a
number of key themes to support the achievement of the national outcome.
Detailed comments were provided on each of these themes these being pre-birth support;
parenting and family support; working with communities; development of a family
centre/community hub in Auchenback; and organisational development and related targets
2039
and progress. It was also clarified how the Strategy contributed to the realisation of the SOA,
specifically ensuring that all children in East Renfrewshire experience a stable and secure
start to their lives and are supported to succeed.
During discussion reference was made to changing infant feeding practice around the world
and a reduction in breastfeeding rates and related reasons for this. In response to Councillor
Swift, the Head of Education Services (Equality and Equity) provided examples of partnership
projects undertaken which had led to the engagement target of 25% of families in Auchenback
being exceeded, resulting in officers having a clearer understanding of the needs of the
community and therefore how to plan, support and deliver services for children and families in
the area. The development of the Auchenback Family Centre was welcomed.
The Council agreed:(a)
to approve the action plan as set out in Appendix 1 to the report; and
(b)
otherwise, noted the progress made to date.
COMMUNITY COUNCILS - REQUESTS FOR AMENDMENTS TO CONSTITUTIONS
2184. The Council considered a report by the Deputy Chief Executive proposing that
requests from 2 community councils for amendments to be made to their constitutions be
considered.
Having clarified that, in June 2015, the Council had approved the new East Renfrewshire
Scheme of Establishment for Community Councils and the Model Constitution and Model
Standing Orders which were subsequently adopted by the new community councils, the report
explained that the Scheme of Establishment could not be altered without a full public
consultation on the Scheme taking place, but that it was open to community councils to make
a request to the Council to amend the Model Constitution and Standing Orders.
It was clarified that requests had been received from Busby Community Council and
Uplawmoor Community Council to amend their constitutions. Details of each the proposed
amendments received were provided, together with related comments on these, with
clarification provided on why some of these proposals could not be considered.
In summary, the report concluded that other than the request from Uplawmoor Community
Council to amend Clause 13.1 of their Constitution which could not be considered as it was
contrary to the requirements of the Scheme of Establishment, and their request to amend
Clause 9.2 which could not be considered as it conflicted with both the existing and proposed
Clause 9.1, the remaining proposed amendments could be made without the need for
amendments to the Scheme of Establishment. That said, it was highlighted that any proposed
alterations may not contradict, prejudice or undermine the terms and objectives contained
within the Scheme and must not negatively impact on the transparency and accountability of
the community council.
Whilst commenting on the report, Councillor Fletcher referred to the effort invested in
improving the operation of community councils and how those established were operating.
Supported by Councillor Buchanan, he proposed a way forward in respect of each of the
proposals. Regarding the possibility of the Council approving some of the proposed
amendments, and requests seeking similar alterations then being received from other
community councils in future, it was recommended that it be delegated to the Deputy Chief
Executive and Head of Democratic and Partnership Services to approve those requests,
2040
Councillor Miller proposed that in the event of further requests being received elected
Members be kept informed.
The Council, having heard Councillor Miller outline concerns he held regarding the
development of the current community council arrangements, agreed:(a)
that the proposed changes to Clause 9.3 of the Busby Community Council
Constitution and Clause 9.1 of the Uplawmoor Community Council Constitution
be approved;
(b)
not to approve the proposed change to Clause 16.2 of the Uplawmoor
Community Council Constitution as the existing Clause was considered
important to the Council and to work well;
(c)
to note that the requests from Uplawmoor Community Council to amend
Clauses 9.2 and 13.1 of their Constitution could not be considered and the
related reasons for this as specified in the report; and
(d)
that in the event of any further requests in future seeking similar alterations
being received from other community councils, it be delegated to the Deputy
Chief Executive and Head of Democratic and Partnership Services to approve
those requests and that elected Members be kept informed.
ARGYLL &
DONATION
SUTHERLAND
HIGHLANDERS
REGIMENTAL
MUSEUM
PROJECT:
2185. The Council considered a report by the Deputy Chief Executive regarding a donation
sought by the Argyll and Sutherland Highlanders Regimental Museum Project located in
Stirling Castle.
Issues referred to included the withdrawal of Ministry of Defence funding to support many
military museums in 2011 a consequence of which was that the Museum was no longer
financially sustainable under its existing operational model, a redevelopment plan by its
Trustees to place it on a sure footing and conserve this important military heritage, and the
Regiment’s traditional recruiting area which included the area now covered by East
Renfrewshire. Related issues were commented on, including a range of other sources of
income anticipated to generate over £3.7m of support.
The Council agreed to approve a donation of £1,000 to support the Argyll and Sutherland
Highlanders Regimental Museum Project.
THE EAST RENFREWSHIRE COUNCIL (NETHERLEE AND STAMPERLAND)(ONSTREET)(WAITING AND LOADING) ORDER 2016
2186. The Council considered a report by the Director of Environment recommending that
the Council approve the making and confirmation of “The East Renfrewshire Council
(Netherlee & Stamperland) (On-Street) (Waiting and Loading) Order 2016”.
The report referred to the introduction of Decriminalised Parking Enforcement (DPE) by the
Council in April 2013 and how it became the Parking Authority for East Renfrewshire. The
report summarised how informal and formal consultation had been undertaken to review the
current restrictions in the area and assess related demands taking account of a range of
2041
factors, clarifying that the main issues raised by respondents during informal consultation had
been the general lack of available parking in the area and the peak time restrictions on
Clarkston Road. There was also support for eliminating and reducing the restrictions on
weekend and peak time parking along Clarkston Road.
A range of the key proposals in the Draft Order on which formal consultation had taken place
were summarised, following which the position on the responses received was summarised. It
was confirmed that none of the objections required the Council to hold a Hearing by an
Independent Reporter and that the financial implications of implementing the Traffic
Regulation Order would be met from existing resources. It was concluded that the proposed
Order, introducing new on-street waiting and loading restrictions in Netherlee and
Stamperland, would balance demands on the transport network taking into consideration
changes to road usage and volumes of vehicular and pedestrian traffic and associated road
safety issues.
The Council, having heard Councillor Robertson welcome the proposal and thank officers
involved in progressing this issue, agreed to approve the making and confirmation of “The
East Renfrewshire Council (Netherlee & Stamperland) (On-Street) (Waiting and Loading)
Order 2016” and delegate to the Director of Environment the implementation of the Order in
accordance with the associated statutory procedures.
PROVOST
2042
2043
MINUTE
of
CABINET
Minute of Meeting held at 10.00am in the Council Chamber, Council Headquarters,
Giffnock on 15 September 2016.
Present:
Councillor Jim Fletcher (Leader)
Councillor Tony Buchanan (Deputy Leader)
Councillor Danny Devlin
Councillor Elaine Green
Councillor Alan Lafferty
Councillor Mary Montague
Councillor Fletcher, Leader, in the Chair
Attending:
Lorraine McMillan, Chief Executive; Caroline Innes; Deputy Chief Executive; Andy Cahill,
Director of Environment; Jim Sneddon, Head of Democratic and Partnership Services; Phil
Daws, Head of Environment (Housing and Property Services); Barbara Clark, Chief
Accountant; Gillian McNamara, Economic Development Manager; and Paul O’Neil,
Committee Services Officer.
Apology:
Councillor Ian McAlpine.
DECLARATIONS OF INTEREST
2187. There were no declarations of interest intimated.
INTERIM PROGRESS UPDATE ON DELIVERING OUR EQUALITIES AGENDA AND
FULFILLING OUR EQUALITY DUTIES
2188. Under reference to the Minute of the meeting of the Council held on 22 April 2015
(Page 1440, Item 1527 refers), when it was agreed amongst other things to approve the
report entitled “Progress on Fulfilling our Equality Specific Duties: Equality Mainstreaming
Report and Equality Outcomes 2013-2017” including the revised set of 8 outcomes for
publication, the Cabinet considered a report by the Deputy Chief Executive, providing an
update on the progress to deliver the Council’s equalities agenda and fulfil its equality
outcomes. A copy of the interim progress report was appended to the report.
The report highlighted that steady progress had been made towards making East
Renfrewshire a place where all were included and no one was disadvantaged or left behind,
and that a continued focus on equality was required by all to maintain progress in the coming
years. However, it was noted that more work was required especially in improving equality
evidence-gathering and usage, conducting equality impact assessments and improving
facilities for and relations with Gypsy travellers.
2044
The Cabinet noted:(a)
the progress made in the past year in delivering the Council’s equality agenda
and fulfilling its equality duties; and
(b)
that elected Members should continue to scrutinise all Council actions for their
equality impacts.
BUSINESS GATEWAY SERVICES CONTRACT
2189. Under reference to the Minute of the meeting held on 13 September 2012 (Page 168,
Item 174 refers), when it was agreed to participate in the Business Gateway services
contract which would provide support for pre-start, new start and growth services to existing
businesses in the East Renfrewshire area through a revised Service Level Agreement with
Renfrewshire Council, the Cabinet considered a report by the Director of Environment,
providing an update in relation to the existing Business Gateway services contract and
seeking approval to progress new arrangements for the future delivery of Business Gateway
services.
The report explained that since 2012, the delivery of Business Gateway services across East
Renfrewshire, Inverclyde and Renfrewshire had been managed on behalf of the 3 councils
by Renfrewshire Council and had been delivered by Lanarkshire Enterprise Services since
October 2012.
Whilst noting that an option appraisal exercise had been commissioned to consider the most
appropriate model for the future delivery of Business Gateway, the report commented on the
future service delivery model and explained that in the absence of an agreement with all 3
councils, it was considered that the best option was to take steps for Business Gateway
being managed and delivered locally by each of the 3 local authorities from October 2016.
The report proposed that any new contractual arrangement should only cover a short to
medium term timescale as this would allow the conclusion of ongoing discussions around
future enterprise delivery which were taking place both within Scottish Government and at a
regional level amongst Glasgow City Region City Deal partners. Details of the contractual
process were also outlined in the report.
The Cabinet:(a)
approved the terms of the report and in particular that Business Gateway
services would be delivered separately by each of the 3 local authorities (i.e.
East Renfrewshire, Renfrewshire and Inverclyde Councils) from 1 October
2016;
(b)
noted that services would continue for the short to medium term being
provided seamlessly from October 2016;
(c)
noted that there would be flexibility to respond to any changes emerging from
ongoing discussions at the national and City Region levels; and
(d)
agreed that delegated powers be granted to the Director of Environment, in
consultation with the Chief Officer – Legal and Procurement, to finalise
negotiations with Inverclyde and Renfrewshire Councils on the development
of a Service Level Agreement, the final distribution of budgets, any TUPE
matters and to progress arrangements to deliver future Business Gateway
Services as appropriate.
2045
CONSULTATION ON DRAFT LOCAL HOUSING STRATEGY (LHS) 2017-2022
2190. The Cabinet considered a report by the Director of Environment, seeking approval to
proceed to public and partner consultation on the draft outcomes and commitments identified
for the Local Housing Strategy (LHS)(2017-2022). A copy of the LHS outcomes and
commitments for action was appended to the report.
Whilst noting that the Housing (Scotland) Act 2001 required local authorities to prepare a
Local Housing Strategy (LHS) which was a 5-year plan setting out the strategic direction for
housing and related services for the local area, the report explained that the plan was
refreshed 5-yearly reflecting progress and shifting priorities nationally and locally. The
current LHS expired in 2017 and the priorities it identified remained relevant and would be
reflected in the new strategy.
Details of the four priority areas that had been identified for the LHS were outlined in the
report. They included Priority 1: Increase Access to Housing; Priority: Thriving, Attractive and
Sustainable/Inclusive Neighbourhoods; Priority 3: Facilitate/Support Independent Living; and
Priority 4: Improve Access and Participation. In addition, the Scottish Government had also
set out key targets which the LHS must take into account and these were also outlined in the
report.
The report concluded by explaining that the LHS shaped the direction that housing and
related services would take locally and influenced identification of housing land through the
emerging Local Development Plan. A revised Strategic Housing Investment Plan (SHIP)
would also be developed by November 2016, and would be critical in directing available
resources towards delivering targets for new housing supply.
The consultation on the proposed outcomes and commitments for the new strategy would
provide the Council with the opportunity to discuss with partners and the community the
priorities identified for development of housing and related services over the longer term.
The Cabinet approved the draft outcomes and commitments identified for East
Renfrewshire’s draft Local Housing Strategy as the basis for a 10 week public consultation
beginning from October 2016.
EXEMPTION FROM TENDERING – E-FINANCIALS
2191. The Cabinet considered and approved a report by the Chief Financial Officer,
seeking an exemption from tendering procedures in accordance with the provisions of clause
15(ii) of the Council’s Standing Orders Relating to Contracts, to enable the award of a
contract to Advanced Computer Software Group Limited for the provision of annual
maintenance, support and upgrade to the current version of the e-Financial system from 1
April 2017 until 31 March 2019, and an upgrade from the current version of e-Financials to
version 5, at a cost of under £150,000.
CHAIR
2046
2047
MINUTE
of
SOCIAL WORK COMMITTEE
Minute of Meeting held at 10.30am in the Committee Room, Council Headquarters,
Giffnock on 15 September 2016.
Present:
Councillor Alan Lafferty (Chair)
Councillor Tony Buchanan
Councillor Jim Fletcher
Councillor Lafferty in the Chair
Attending:
Siobhan Wilson, Solicitor; and Jennifer Graham, Committee Services Officer.
Apology:
Councillor Ian McAlpine.
DECLARATIONS OF INTEREST
2192. No declarations of interest were intimated.
Resolution to Exclude Press and Public
At this point in the meeting, on the motion of the Chair, the Committee unanimously resolved
that in accordance with the provisions of Section 50A(4) of the Local Government (Scotland)
Act 1973, as amended, the press and public be excluded from the meeting for the following
item of business on the grounds that it involved the likely disclosure of exempt information as
defined in Paragraph 3 of Part 1 of Schedule 7A of the Act.
REPORT PREPARED BY SOCIAL WORK COMPLAINTS REVIEW COMMITTEE
2193. The committee considered a report by the Deputy Chief Executive, submitting for
consideration a report prepared by the Social Work Complaints Review Committee
(SWCRC), prepared following that committee’s investigation into a complaint against the
Social Work Service. The SWCRC report made 9 recommendations for the committee to
consider.
2048
Referring to the report’s recommendations, the committee agreed to accept all of the
recommendations made by the SWCRC in its report.
Following a full and detailed discussion, the committee agreed:(a)
to accept the recommendations referred to within the Social Work Complaints
Review Committee report; and
(b)
that the complainant be advised of the committee’s decision.
CHAIR
2049
MINUTE
of
CABINET
(POLICE AND FIRE)
Minute of Meeting held at 10.00am in the Council Chamber, Council Headquarters,
Giffnock, on 22 September 2016.
Present:
Councillor Mary Montague (Chair)
Councillor Jim Fletcher (Vice Chair)
Councillor Barbara Grant
Councillor Stewart Miller
Councillor Vincent Waters
Councillor Montague in the Chair
Attending:
Lorraine McMillan, Chief Executive; Caroline Innes, Deputy Chief Executive; Jim Sneddon,
Head of Democratic and Partnership Services and Paul O’Neil, Committee Services Officer.
Also Attending:
Superintendent Jim Coubrough and Chief Inspector Angela Carty, Police Scotland; and
Local Senior Officer David Proctor, and Group Manager Stephen Wright, Scottish Fire and
Rescue Service.
Apologies:
Councillors Tony Buchanan; Danny Devlin; Elaine Green; Alan Lafferty; and Ian McAlpine.
DECLARATIONS OF INTEREST
2194. There were no declarations of interest intimated.
POLICE SCOTLAND – PERFORMANCE REPORT FOR THE FIRST QUARTER OF
2016/17
2195. The Cabinet considered a report by the Divisional Commander, Police Scotland
providing details of the performance of the police in East Renfrewshire during the first
quarter of 2016/17. A statistical report giving a breakdown of various categories of crimes
and offences committed during the reported period was appended to the report.
2050
Superintendent Coubrough began by intimating an apology on behalf of Chief
Superintendent McInulty who was unable to attend the meeting. He stated that Police
Scotland’s priority was to make improvements to the level of service it offered to the public.
He invited Chief Inspector Carty to provide further details on the information contained in the
performance report.
Chief Inspector Carty stated that crimes of violence had increased not only in East
Renfrewshire but across Scotland. Whilst noting that that there had been a 21.4% decrease
in this type of crime (i.e. 3 fewer victims) compared to the corresponding period last year,
she reported that there had been 5 more victims of serious assault where the detection rate
was noted as 100% and 23 more victims of common assault when compared to the
corresponding period last year.
Whilst noting that the number of domestic abuse incidents had fallen by 1.5% compared to
the corresponding period last year, Chief Inspector Carty stated that the police were assisted
in dealing with victims of this type of offence by Advocacy Support Safety and Information
Services (ASSIST), East Renfrewshire Women’s Aid and Victim Support. She reported that
the detection rate for domestic incidents was 53.5% and whilst this was down on the figure
reported in 2015 there was still significant work ongoing in relation to a number of enquiries
which it was anticipated would bear fruit.
Chief Inspector Carty also reported that sexual crimes had increased from 12 in 2015 to 21
in 2016 (i.e. 9 more victims) although of the 21 victims referred to in the report, 6 of these
were historic. Hate crimes had also increased during the reported period with 22 being
recorded, 7 more than the corresponding period in 2015. She highlighted that Campus
officers continued to support S3 pupils through the ‘One Team’ initiative promoting tolerance
of differing cultures and religions.
The numbers of people seriously injured on the roads had risen by 1 to 4 compared to the
corresponding period last year. It was further noted that Campus officers assisted by the
Brake road safety charity and local retailers had held an event in Cowan Park involving
primary school children from schools in Barrhead and Neilson, the aim of which was to
provide information on road safety. Chief Inspector Carty reported that the number of houses
broken into over the reported period was static compared to 2015 at 59 in the course of
which she indicated that following a number of arrests in recent weeks the number of
housebreakings had fallen. Furthermore, she indicated that the police had been focussing on
the issue of drugs supply during the first quarter, where it was noted that there had been 10
detections for supply of controlled drugs in East Renfrewshire, compared to 9 in the same
period last year.
Concluding her remarks, Chief Inspector Carty highlighted Police Scotland’s new public
consultation process ‘Your View Counts’ which had been launched recently, the aim of which
was to seek feedback from members of the community on their satisfaction with the work of
the police.
There followed a short question and answer session in the course of which Superintendent
Coubrough and Chief Inspector Carty responded to a number of questions and concerns
that had been raised. These included amongst other things why the detection rate for
domestic abuse incidents was quite low, concerns about the increase in common assaults
and whether there were plans to reduce the total number of serving police officers
throughout Scotland.
2051
In reply, Chief Inspector Carty explained that in response to the detection rate for domestic
abuse incidents, in general the police normally knows all the individuals responsible for the
incidents. However, one of the difficulties in dealing with this type of offence was that the
burden of proof must be sufficient enough to allow a case to go to court and this was why the
detection rate was quite low. She also explained that the increase in common assaults was a
concern to the police as it continued to rise not only in East Renfrewshire but across the
Greater Glasgow Division.
Superintendent Coubrough responded to the question about whether the total number of
police officers serving in Scotland would be reduced in the course of which he emphasised
that there were no plans to reduce the Scottish Government’s global figure of 17,234 police
officers. However, he explained that like many Scottish local authorities, Police Scotland had
to deliver substantial cuts to its overall budget and this was being achieved through
efficiencies in terms of restructuring within the organisation and the use of Information and
Communication Technology without having an impact on service delivery.
The Cabinet noted the terms of the report.
SCOTTISH FIRE AND RESCUE – PERFORMANCE REPORT FOR THE FIRST QUARTER
OF 2016/17
2196. The Cabinet considered a report by the Local Senior Officer, Scottish Fire and
Rescue Service (SFRS), providing details of the performance of the SFRS in East
Renfrewshire during the first quarter of 2016/17. An analysis of the incidents in each of the
Council’s six wards during the reported period was appended to the report.
Local Senior Officer Proctor began by thanking the Council for the comments it had
submitted in response to the consultation on the SFRS draft strategic plan and that he would
writing to the Council in the near future regarding the new Local Fire and Rescue Plan. At
this stage, he invited Group Manager Wright to provide further details about the performance
of the SFRS during the course of the first quarter.
Group Manager Wright highlighted that there had been no fire fatalities to report with only
one fire casualty during the reported period although the individual had been treated as a
precautionary measure only. He reported that accidental dwelling fires had decreased from
19 to 14 during the reported period as compared to the same quarter in 2015/16. However,
there had been an increase in deliberate fires from 59 to 81 compared with the previous year
and was mainly due to an increase in secondary fires within the Barrhead area. He
indicated that pro-active engagement with partner agencies continued at the weekly Greater
Results in Partnership (GRIP) meetings with a view to reducing incidence of such fires. He
also reported that there had been a total of 4 fires in non-domestic properties which included
commercial, industrial and local authority buildings. This represented a decrease from the
figure reported in the last quarter and the same period last year and there continued to be
ongoing a positive engagement with these types of premises by the Fire Safety Enforcement
Team.
Whilst noting that the number of special services had decreased from 31 to 26 when
compared to the same quarter last year and also reflected a reduction from the previous
quarter, Group Manager Wright stated that the number of fire alarms had increased from 111
to 124 compared with the previous year although there had been no change from the
previous quarter. Again, he highlighted that there continued to be a pro-active targeted
approach to reducing unwanted alarms due to equipment failure, and this would remain a
key area of improvement for SFRS in the coming months.
2052
Details of the community engagement activities undertaken by the SFRS during the reported
period were also outlined in the course of which, Group Manager Wright stated that 346
Home Fire Safety Visits (HFSVs) had been carried out of which 108 were deemed as high
risk and that the referral process to Social Work services which was now in place was
contributing well to this effective performance.
Other activities included the continuation of the Telecare installations, work with local
housing associations regarding unwanted fire alarm signals and partnership engagement
work. The SFRS Community Action Team were continuing to work closely with the Council’s
Youth Services and were delivering Fire Reach courses to young people at risk of offending.
Concluding his remarks, Group Manager Wright stated that there was currently a partnership
agreement between SFRS and Scottish Ambulance Service (SAS) which allowed SAS
resources to be based within a community fire station. Whilst noting that a pilot had now
commenced utilising Barrhead as a tactical deployment point for an ambulance and its crew,
he reported that engagement continued with the potential for an ambulance and crew to be
based at Clarkston Fire Station with a view to providing an even more effective emergency
medical response to East Renfrewshire and the surrounding area.
There followed a short question and answer session in the course of which Local Senior
Officer Proctor and Group Manager Wright responded to a number of questions about
operational issues within East Renfrewshire. These included amongst other things the age
groups of those starting deliberate fires, the success of the Telecare initiative and the
agreement with the Scottish Ambulance Service.
Group Manager Wright explained that whilst SFRS did not have detailed information about
the age groups of those starting fires, he indicated that normally the culprits were teenagers
in the course of which Local Senior Officer Proctor emphasised that SFRS worked closely
with colleagues in Police Scotland with a view to identifying the perpetrators as it was a
criminal offence and was a common problem across Scotland. He also explained that the
Scottish Ambulance Service wanted to use the Barrhead Fire Station as a tactical
deployment point whereas at Clarkston Fire Station it was proposed to use this as
permanent location.
The Cabinet noted the terms of the report.
CHAIR
2053
MINUTE
of
CABINET
Minute of Meeting held at 10.00am in the Council Chamber, Council Headquarters,
Giffnock on 29 September 2016.
Present:
Councillor Jim Fletcher (Leader)
Councillor Tony Buchanan (Deputy Leader)
Councillor Elaine Green
Councillor Alan Lafferty
Councillor Ian McAlpine
Councillor Vincent Waters
Councillor Fletcher, Leader, in the Chair
Attending:
Lorraine McMillan, Chief Executive; Andy Cahill, Director of Environment; Margaret
McCrossan, Head of Accountancy (Chief Financial Officer); Ian Conway, Senior
Regeneration Officer; and Eamonn Daly, Democratic Services Manager.
Apologies:
Councillors Danny Devlin and Mary Montague.
DECLARATIONS OF INTEREST
2197. There were no declarations of interest intimated.
GENERAL FUND CAPITAL PROGRAMME 2016/17
2198. The Cabinet considered a report by the Chief Financial Officer, monitoring
expenditure as at 7 September 2016 against the approved Capital Programme for 2016/17
and recommending adjustments where necessary in light of issues that had arisen since the
programme had been approved.
The report highlighted the latest developments relating to the programme, including the
latest income and expenditure movements and cash flow management issues and indicated
that the projected shortfall of £247,000 representing 0.5% of the resources available and
was within manageable limits.
Having heard Councillors Buchanan and Fletcher express disappointment at the slow
progress with some of the regeneration projects in the programme, but explain that these
delays were due to factors outwith the Council’s control, the Cabinet agreed to:(a)
recommend to the Council that the proposed adjustments to the General
Fund Capital Programme 2016/17 be approved;
2054
(b)
approve the transfer of £50,000 between the Barrhead Sports Centre
refurbishment and Barrhead Learning and Leisure Hub projects; and
(c)
note the shortfall of £247,000 would be managed and reported on a regular
basis.
HOUSING CAPITAL PROGRAMME 2016/17
2199. The Cabinet considered a joint report by the Chief Financial Officer and Director of
Environment, monitoring expenditure as at 7 September 2016 against the approved Housing
Capital Programme 2016/17 and recommending adjustments where necessary in light of
issues that had arisen since the programme had been approved.
The report highlighted the latest developments relating to the programme, including the
latest income and expenditure movements and cash flow management issues and indicated
that the projected shortfall of £26,000 representing 0.5% of the resources available was
within manageable limits.
Whilst noting that Scottish Government grant income of £34,000 and a drawdown of £31,000
from commuted sums (2nd homes Council Tax discount) had been added to the programme
to fund the purchase of a property under the mortgage to rent arrangements, the report
explained that estimated capital receipts from Right to Buy sales had been increased by
£310,000 above the level reported to the meeting of the Council on 15 June 2016. The
increase was based on actual receipts, missives concluded and offers issued to tenants to
date.
Councillor Lafferty having questioned whether some of the additional capital receipts
generated from Right to Buy sales could have been used towards the construction of new
Council housing, the Chief Financial Officer explained why it was proposed to use the
additional funds to reduce borrowing at present, highlighting that there were other sources of
funding available that could be used to assist in providing new affordable housing.
Echoing these comments, the Director of Environment intimated that he would be submitting
a report to a future meeting of the Cabinet on proposals for new council house construction.
The Cabinet agreed to:(a)
recommend to the Council that the movements within the Housing Capital
Programme 2016/17 be approved;
(b)
homologate the decision to purchase an additional property under the
mortgage to rent arrangements;
(c)
approve the drawdown of £31,000 from commuted sums (2nd homes Council
Tax discount) to assist with the purchase of the additional property;
(d)
approve an expenditure increase of £300,000 to External Structural Works;
(e)
approve the transfer of £100,000 from Rewiring to External Structural Works;
and
(f)
note the shortfall of £26,000 would be managed and reported on a regular
basis.
2055
CIVICA UK LIMITED – ICON INCOME MANAGEMENT SYSTEM UPGRADE
2200. The Cabinet considered a report by the Deputy Chief Executive, seeking an
exemption from tendering procedures in accordance with the provisions of clause 15(ii) of
the Council’s Standing Orders Relating to Contracts, to allow a contract to be negotiated with
Civica UK plc, for the provision of an upgrade to the ICON system to assist achievement in
PCI DSS compliance which included an upgrade of ICON to Version 16; an upgrade to chip
and pin devices to enhance encryption and security; introduction of PCI Pal Mid Call
solution, at a cost of approximately £105,000.
The Chief Financial Officer having been heard further on the need for the system upgrade in
response to questions from Councillor McAlpine, the Cabinet approved the report.
Resolution to Exclude Press and Public
At this point in the meeting, on the motion of the Leader, the Cabinet unanimously resolved
that in accordance with the provisions of Section 50A(4) of the Local Government (Scotland)
Act 1973, as amended, the press and public be excluded from the meeting for the following
item of business on the grounds that it involved the likely disclosure of exempt information as
defined in Paragraphs 6 and 9 of Part I of Schedule 7A to the Act.
RETAIL COMMERCIAL DEVELOPMENT – FORMER NESTLE SITE, GLASGOW ROAD,
BARRHEAD
2201. The Cabinet considered a report by the Director of Environment, seeking approval to
enter into negotiations with the company referred to in the report regarding the sale of part of
the former Nestle site, Glasgow Road, Barrhead for the development of a retail discount
park.
Following discussion on the type of development proposed with Members welcoming the
proposals, and having heard Councillor Buchanan commend officers for their work in
bringing the proposals to their current stage, the Cabinet agreed that delegated powers be
granted to the Director of Environment, in consultation with the Chief Officer – Legal and
Procurement, to progress the terms and conditions and then conclude the transaction in
relation to the disposal of part of the former Nestle site, Glasgow Road, Barrhead for the
development of a retail discount park.
CHAIR
2056
2057
MINUTE
of
AUDIT AND SCRUTINY COMMITTEE
Minute of Meeting held at 2.00pm in the Council Chamber, Council Headquarters,
Giffnock on 29 September 2016.
Present:
Councillor Gordon Wallace (Chair)
Councillor Barbara Grant (Vice Chair)
Councillor Charlie Gilbert
Councillor Gordon McCaskill
Councillor Paul O’Kane
Councillor Tommy Reilly
Councillor Ralph Robertson
Councillor Wallace in the Chair
Attending:
Julie Murray, Chief Officer HSCP; Margaret McCrossan, Head of Accountancy (Chief
Financial Officer); Lesley Bairden, Chief Financial Officer, HSCP; Barbara Clark, Chief
Accountant; Liz Lyon, Senior Auditor; Ross Mitchell, Senior Auditor; Jacqui Martin,
Corporate Business Manager; Linda Hutchison, Clerk to the Committee; and Jennifer
Graham, Committee Services Officer.
Also Attending:
Brian Howarth and Esther Scoburgh, Audit Scotland.
DECLARATIONS OF INTEREST
2202. There were no declarations of interest intimated.
CHAIR’S REPORT
2203. The following matters were discussed during the Chair’s report:(i)
Integration Joint Board Performance and Audit Committee
Under reference to the Minute of the meeting of 2 June 2016 (Page 1932,
Item 2055 refers), when it had been agreed to contact the East Renfrewshire
Integration Joint Board (IJB) regarding Councillor Grant and Councillor Reilly
observing a future meeting of its Performance and Audit Committee,
Councillor Reilly and Councillor Grant confirmed they had observed and been
made welcome at the most recent meeting on 28 September which they had
found useful. It was reported that the committee was exploring the option of
co-opting a member of the East Renfrewshire Audit and Scrutiny Committee.
2058
(ii)
East Renfrewshire Community and Leisure Trust Audit Committee
Councillor Wallace reported that Councillor Gilbert had been appointed as a
member of the East Renfrewshire Community and Leisure Trust Audit
Committee.
The committee noted the position.
ANNUAL ACCOUNTS FOR THE COUNCIL’S CHARITABLE TRUSTS AND EXTERNAL
AUDIT REPORT FOR 2015/16
2204. Under reference to the Minute of the meeting of 18 August 2016 (Page 2004, Item
2140 refers), when the committee had noted that the final Annual Accounts for the Council’s
charitable trusts would be submitted to this meeting, the committee considered a report by
the Chief Executive explaining that the audit of the 2015/16 Annual Accounts for the seven
trusts for which the Council acted as trustee had been completed, and submitting a copy of
these for consideration. The External Auditor’s report on the trusts, prepared in compliance
with International Standard on Auditing (ISA) 260, was also submitted for consideration.
The Head of Accountancy explained that the Accounts, which were unqualified, also needed
to be considered by the Council later that day to allow them to be certified by the required
deadline of 30 September 2016.
In response to questions, the Chief Accountant clarified that the availability of the funds was
to be advertised through the Council’s website and by raising awareness through
discussions with colleagues delivering frontline services, particularly those in the HSCP.
Councillor Wallace commented that the awareness issue had also been raised as part of the
committee’s recent work on grants. The Head of Accountancy commented that a suggestion
made by Councillor Gilbert about asking Voluntary Action to help publicise the availability of
the funds was useful and could be explored.
The Chief Accountant referred to the differing objectives of each fund, clarifying that the
feasibility of amalgamating the Accounts on efficiency grounds was to be explored.
Councillor O’Kane suggested that discussions with those dealing with the Renfrewshire
Educational Trust and other officers in Renfrewshire Council who had dealt with similar
matters could be helpful.
The investment of trust fund reserves and revenue income generated from capital in the
Council’s Loans Fund was commented on by the Chief Accountant, Head of Accountancy
and Mr Howarth.
The committee agreed to:(a)
note the Annual Accounts for 2015/16 for each of the Council’s seven
charitable trusts for which the Council acted as trustee and related comments
made, including the suggestions made by Members on publicising the funds
and pursuing the amalgamation of the Accounts;
(b)
note the External Auditor’s report on matters arising from the audits of these
registered charities for 2015/16 under requirements of ISA 260; and
(c)
remit the report to the Council for consideration.
2059
EAST RENFREWSHIRE COUNCIL ANNUAL ACCOUNTS AND DRAFT ANNUAL AUDIT
REPORT FOR 2015/16
2205. Under reference to the Minute of the meeting of 18 August 2016 (Page 2004, Item
2140 refers), when the committee had noted the unaudited Annual Accounts for 2015/16
and that a report on the final Accounts and associated Annual Audit Report to the Council
and the Controller of Audit would be submitted to this meeting, the committee considered a
report by the Chief Executive regarding the Annual Accounts for 2015/16, the associated
draft Annual Audit Report prepared by the External Auditor which would be issued in final
form after the financial statements had been certified, and a further report by the External
Auditor on matters arising from the audit of the Council’s financial statements for 2015/16
reported under ISA 260 requirements. The draft Audit Report provided an overview of the
main issues arising from the 2015/16 audit.
The Council had received an audit certificate which was unqualified. An overall surplus of
£2,865k had been recorded in the Accounts. After transfers to earmarked reserves, a sum of
£65k had been added to the non-earmarked General Fund reserve resulting in a balance of
£9,099k as at 31 March 2016. This represented 4.1% of the annual budgeted net revenue
expenditure which was in line with Council policy.
Transfers totalling £10,786k had been made from the General Fund balance to specific
reserves and capital expenditure of £25,683k had been invested. An operating surplus of
£425k had been achieved on the Housing Revenue Account resulting in an accumulated
surplus balance to carry forward of £1,378k.
The Head of Accountancy welcomed that the Accounts had received an audit report that was
unqualified and referred to transfers to reserves, commenting that the Council’s overall
financial position remained satisfactory.
Whilst responding to questions, the Head of Accountancy and Chief Accountant, supported
by Mr Howarth, clarified the basis on which the useful lives and depreciation rates had been
used to calculate depreciation for roads infrastructure, current requirements regarding the
valuation of infrastructure such as roads for the completion of the Whole of Government
Return, and the nature of a forthcoming change of accounting practice in terms of the
evaluation of roads assets to one based on replacement value. Reference was also made to
funds required to maintain roads, regarding which Councillor Grant referred to the poor
current state of many roads and Councillor Robertson commented that the most valuable
information to him was what it would cost to restore all roads to an acceptable standard. The
Head of Accountancy quantified the level of capital to be invested in roads during the next 8
years, commented on the targeting of these funds, and referred to additional revenue funds
available for roads maintenance and related issues.
Referring to the recent publication by Audit Scotland of a national External Audit report
'Maintaining Scotland's Roads: a Follow-Up Report', Councillor Wallace clarified that
feedback on the local position relative to the report had been requested for submission to the
committee.
Clarification was provided by the Head of Accountancy and Chief Accountant on a range of
other issues, including the reclassification of Education Services expenditure and income to
Culture and Related Services within the Comprehensive Income and Expenditure Statement,
and the review of the asset register leading to the reclassification of assets in the Balance
Sheet as common goods assets. Councillor Wallace referred to the interest the committee
was taking on an internal control issue linked to payments to care providers.
2060
Mr Howarth highlighted key messages within the Audit Report, including on reserves in the
context of the challenging financial position that lay ahead, and on borrowing levels. He
referred to the importance of long term financial planning, in respect of which Councillor
Grant commented on related difficulties given the way information on grant funding and
related clarification were provided to local authorities. Related issues were discussed.
Having referred to the new External Audit team being appointed to the Council, Councillor
Wallace thanked Mr Howarth and his team for their input and support over the terms of their
appointment as External Auditors to the Council. In response, Mr Howarth thanked the
committee and Council’s staff for their assistance during his team’s tenure as External
Auditors, adding that attending various meetings of the committee had been useful.
The committee agreed to:(a)
note the content of the Council’s Annual Accounts for 2015/16 and related
comments made;
(b)
note the Draft Annual Audit Report to the Council and Controller of Audit
2015/16 and the External Auditor’s report on matters arising from the audit of
the Council’s 2015/16 Financial Statements prepared under requirements of
ISA 260; and
(c)
remit the report to the Council for consideration.
ANNUAL TREASURY MANAGEMENT REPORT 2015/16
2206. Under reference to the Minute of the meeting of 3 March 2016 (Page 1807, Item
1930 refers), when it had been agreed to note and recommend to the Council that the
Treasury Strategy Statement Report 2016/17 be approved, the committee considered a
report by the Head of Accountancy (Chief Financial Officer) providing details of the Council’s
treasury management activities for the year ending 31 March 2016 and seeking approval to
recommend to the Council that a list of organisations for the investment of surplus funds be
approved.
The report referred to a well-managed treasury function within the Council and related
issues, commenting that the Council continued to adopt a prudent approach to treasury
management and that stability in borrowing assisted the Council respond to current, national
economic pressures. The submission of the report to the committee, prior to its submission
to the Council, was in line with the CIPFA Code of Practice on Treasury Management.
In response to Councillor McCaskill, the Chief Accountant and Head of Accountancy clarified
how the average interest rate on long-term borrowing was calculated.
The committee agreed to:(a)
note the Treasury Management Annual Report for 2015/16; and
(b)
recommend to the Council that the organisations specified in the report for
investment of surplus funds be approved.
2061
REVIEW OF STRATEGIC RISK REGISTER
2207. Under reference to the Minute of the meeting of 18 August 2016 (Page 2006, Item
2143 refers), when progress made with risk management generally recently had been noted
and it had also been noted that a report on the Strategic Risk Register (SRR) would be
submitted to this meeting, the committee considered a report by the Chief Executive
providing the most recent bi-annual update on the SRR. The register, a copy of which was
attached to the report, itemised key risks that required to be considered and actions put in
place to manage these. As well as additions having been made to the register, several risks
had been amended to include additional control measures, with others rescored or removed.
It was explained that there were now 32 strategic risks to be considered, 13 of which were
evaluated as high, 16 as medium and 3 as low, with some relating to the work of the IJB and
the Culture and Leisure Trust. The register continued to align with the Council’s key
outcomes in the Single Outcome Agreement (SOA) and the current internal and external
business environments. Specific reference was made to potential risks associated with
Britain leaving the European Union (EU), including uncertainty in financial markets and
reduced EU funding.
The Corporate Business Manager commented on the report, including various risks removed
from and added to the register and related issues.
In response to questions, the Chief Officer HSCP clarified that, as things currently stood, no
financial penalty would be imposed if the new national delayed discharge targets of 72 hours
were not met, but that a failure to meet these would create other pressures and that it was
possible that financial penalties could be introduced in future. She commented on related
investment and the growth in the number of those over 85 years of age in the population.
The Corporate Business Manager also commented on various issues, including why the
residual risk scores associated with ensuring sufficient catchment places and the delivery of
sufficient pre-5 places differed, additional control measures aimed at reducing absence
levels, and why the risk score for that and also payment of invoices within the specified
timeframe had both been reduced. In response to Councillor Wallace she undertook to
ascertain when the payment of invoices over 30 days would be on target.
The committee agreed:(a)
that the Corporate Business Manager provide clarification on when the
processing of payment of invoices over 30 days would be on target and that
the Clerk circulate this on receipt; and
(b)
otherwise, to note the development of the strategic risk register.
EXTERNAL AUDIT REPORT – KEY CONTROLS 2015/16
2208. The committee considered a report by the Clerk on the publication by the External
Auditor of a local report on Key Controls which, under the committee’s specialisation
arrangements, had been sent to Councillors Grant and Wallace for review.
The report clarified that key controls operating within six financial systems of the Council had
been subject to testing to ensure they were operating satisfactorily, citing examples of
assurances sought. Overall the systems of internal control were reported to be operating
effectively, but a small number of control weaknesses had been identified on which further
detail had been provided. These related to the payroll system; council tax system; and trade
2062
payables element of the care finance system. The External Auditor had noted the related
impact on the planned financial statements audit.
Reference was made to three areas of work where formal reliance was to be placed by
External Audit on the work of Internal Audit. The detailed review of the 2015/16 Internal
Audit Plan was complete and had found Internal Audit’s work to be of a high quality, enabling
reliance to be placed on its work. Reference was also made to the position on various
governance arrangements, including that a review of the Council’s Financial Regulations that
had commenced in 2014/15 had not yet been formally approved by the Cabinet. The report
clarified that as at March 2016 they were being refined with a view to them being submitted
to the Cabinet in due course.
Councillor Grant referred to the committee’s interest in the implementation of the Care
Finance system, following which clarification was provided on employee validation issues. In
reply to Councillor McCaskill, the Head of Accountancy undertook to arrange for further
clarification to be provided on when a void property officer would be in post and for how long.
The committee:(a)
noted that the Head of Accountancy would arrange for clarification to be
provided to the Clerk on when a void property officer would be in post and for
how long which the Clerk would circulate on receipt; and
(b)
otherwise, agreed to note the report.
HEALTH AND SOCIAL
PROGRESS REPORT
CARE
PARTNERSHIP
–
FINANCIAL
DEVELOPMENT
2209. Under reference to the Minute of the meeting of 21 January 2016 (Page 1743, Item
1869 refers), when issues that had arisen on payments to care providers had been
discussed in detail and it had been agreed to consider further the clarification provided at
that meeting and what, if any, further action the committee wished to take on the issue in
due course, the committee considered a report by the Chief Officer HSCP and Chief
Financial Officer HSCP providing an update on progress regarding financial developments
within the HSCP, including the implementation of the Care Finance system.
It was clarified that the IJB Performance and Audit Committee had discussed progress on
payments to care providers in June, requesting then that an update on financial governance
issues be submitted to this committee. The report provided an update on various issues
including staff restructuring and transfers to the HSCP, clarifying that the finance team which
transferred to the HSCP on 1 April 2016 now reported directly to the Chief Financial Officer,
HSCP. Reference was made to recommendations made prior to the transfer associated with
the Internal Audit report on Payment to Care Providers, these having been actioned
subsequently by the Chief Financial Officer, HSCP. Others issues commented on were the
employment of temporary staff to complete implementation of the Care Finance system and
a wider review of finance related work being undertaken. Key financial governance related
developments for 2016/17 were also itemised.
Regarding progress made implementing the action plan associated with the Internal Audit
report on Payment to Care Providers, it was reported that 10 recommendations had been
implemented fully with the remaining 13 on target; key messages were listed; and
assurances were provided on reporting progress to the IJB Performance and Audit
2063
Committee since December 2015. It was confirmed that progress implementing the full
action plan would be reported as part of Internal Audit’s follow up work on this issue.
Whilst commenting on the implementation of the Care Finance system, the report clarified
that this was monitored by a project board which met monthly, and that all data had been
successfully migrated to the system ahead of a revised timetable prepared for this, as had
addictions service agreements. Some development work remained ongoing.
It was concluded that work had been pursued to ensure robust financial governance within
the HSCP, including ensuring that all audit recommendations were fully complied with, and
acknowledged that the committee would wish to take assurance from Internal Audit follow up
work being done. It was confirmed that the IJB Performance and Audit Committee was
continuing to review progress until all audit actions had been fully resolved.
The Chief Officer, HSCP welcomed the opportunity to update the committee, referred to the
updates provided to the IJB Performance and Audit Committee, and commented on the
possibility of a member of the Audit and Scrutiny Committee being co-opted to that
committee through which more regular updates could be provided, which was under
consideration.
The Chief Financial Officer HSCP commented on key aspects of the report during which she
referred to a range of new legislative requirements that had required to be adhered to, use of
the Care Finance system, related modules and the review of the implementation of the
action plan prepared relating to the Internal Audit report.
In response to questions, supported by the Chief Officer HSCP, she referred to the staffing
structure of the HSCP and related reporting arrangements, and commented on a few
weaknesses with the Care Finance system in terms of how it was used locally which had
been raised with the software provider and at a related national users group but which had
not been experienced in other authorities, due to the way duties were divided for example.
She also referred to additional checks and balances introduced and new ways of working to
ensure that the problems which had arisen previously could not recur, including segregation
of duties and quarterly reconciliations which were considered manageable. She highlighted
that steps were being taken to address issues with a view to a line being drawn under the
historical issues that had arisen, referred to the use made of the temporary staff referred to
in the report, and commented on the data cleansing exercise undertaken and monitoring
arrangements. Regarding the deployment of temporary resources, she added that it was
hard to determine what normal work level would be, that efficiencies were being pursued
regarding invoice processing, that there was a range of other work that needed to be
addressed in addition to invoice work, but that risks would not be taken on this area of work.
The committee agreed:(a)
to note the progress being made on the action plan resulting from the Internal
Audit report on Payment to Care Providers and the wider improvements on
financial control and governance; and
(b)
that the follow-up Internal Audit report being prepared and related
management response be submitted to a future meeting when available.
2064
EXTERNAL AUDIT REPORT – THE NATIONAL FRAUD INITIATIVE IN SCOTLAND
2210. The committee considered a report by the Clerk on the publication by Audit Scotland
of a report entitled The National Fraud Initiative (NFI) in Scotland which, under the
committee’s specialisation arrangements had been sent to Councillors Wallace and Grant for
review. The Head of Business Change and Revenues and the Revenues and Business
Support Manager had been asked to provide comments and a copy of their feedback was
attached to the report.
Having referred to the value and purpose of the NFI, the feedback explained that the
national report outlined the early outcomes of the most recent exercise in 2014/15. The NFI
outcomes in Scotland were commented on as was the Council’s contribution to this and that
recovery action was taken locally in all highlighted cases. Other issues referred to included
the main areas where overpayments were identified nationally, how issues were progressed
locally and related responsibilities, and that mitigating fraud was a matter for each service.
Under reference to the Minute of the meeting of 18 August 2016 (Page 2007, Item 2145
refers), when it had been agreed regarding an Internal Audit report prepared during 2015/16
on Council Tax Reductions and Liability, that it be drawn to management’s attention that the
committee was not fully satisfied with the response received by the Chief Auditor to a
recommendation made on reviewing entitlement to the single person discount (SPD)
annually, the feedback included reference to action taken on this issue and related matters,
including the turnover of SPDs granted and cancelled each year and how accuracy was
achieved through a number of initiatives.
Other issues referred to included the single fraud investigative service, and arrangements
underway for the next NFI exercise and related steps being taken. It was concluded that the
Council participated fully in the most recent NFI exercise, with reference made to how
seriously the Council takes this issue and made arrangements to mitigate fraud and error.
In response to questions, the Senior Auditor referred to the generic nature of the
correspondence sent to residents regarding Council Tax bills and related issues. Mr Howarth
clarified the scale of the 30 cases highlighted in 2014/15 when SPD had been awarded but
was no longer valid compared to the total number of SPDs granted. He also commented on
various data sets against which entitlement was checked, limitations of checking entitlement
against electoral registers which listed only those who opted to register to vote, and how
some authorities were progressing checks linked to credit rating agencies. The importance
of minimising the amount of debt written off by the Council was commented on by Councillor
McCaskill.
The committee agreed:(a)
to note the comments made; and
(b)
that Councillors Wallace and Grant would review the information provided
further and determine if they felt any further action to be merited.
PUBLIC SECTOR INTERNAL AUDIT STANDARDS INTERNAL SELF-ASSESSMENT
2211. The committee considered a report by the Chief Auditor on progress regarding
compliance with the Public Sector Internal Audit Standards (PSIAS) which was mandatory.
2065
The report referred to the requirement under the PSIAS for the Head of Internal Audit to
develop and maintain a quality assurance and improvement programme (QAIP), explaining
that CIPFA recommended a checklist to be used for self-assessments and adding that an
external assessment was required at least once every 5 years and that non-compliance
should be reported to the committee. Having summarised how QAIP was achievable in
terms of ongoing monitoring of internal audit activity and periodic self-assessments, the
report outlined options for the external assessment.
Having clarified that the results of the first self-assessment had been submitted to the
committee in August 2014, the report summarised the findings of the most recent selfassessment carried out for 2015/16 using the recommended checklist, making reference to
where improvements had been made, where there were a few areas of non-compliance and
partial compliance, and checklist issues that were not applicable.
In conclusion, the self-assessment indicated that the Internal Audit team was 89% fully
compliant with the relevant standards and partially compliant with a further 7%, on the basis
of which it was concluded that the section operated in general compliance with the PSIAS.
Whilst presenting the report, the Senior Auditor highlighted that the preferred option for
external assessment was reciprocal independent self-assessment validation through the
Scottish Local Authority Chief Internal Auditors Group (SLACIAG). Subject to approval of
this approach, it was anticipated that the Internal Audit section would externally assess
another Council during 2016/17 and be assessed itself during 2017/18.
The committee, having expressed support for the preferred option, agreed:(a)
to note the outcome of the revised self-assessment; and
(b)
to approve participation in the reciprocal SLACIAG independent selfassessment validation process as outlined at option 1 of the report.
CABINET RESPONSE TO AUDIT AND SCRUTINY COMMITTEE’S INVESTIGATION ON
FUNDING FOR COMMUNITY AND VOLUNTARY GROUPS
2212. Under reference to the Minute of the meeting of the Cabinet of 18 August 2016 (Page
1995, Item 2134 refers), when the response to the committee’s report on its investigation on
funding for community and voluntary groups had been approved, the committee considered
a report by the Clerk on the response approved by the Cabinet for the committee’s review.
Regarding the 21 recommendations made, it was highlighted that the vast majority had been
accepted, with comments also provided on those that were not.
Councillor Wallace commented that the way in which some of the recommendations would
be progressed had not been specified in great detail, and suggested that a progress report
be requested in due course through which he anticipated this would be clarified further.
The committee agreed:(a)
to note the response approved by the Cabinet; and
(b)
that the Head of Democratic and Partnership Services, in liaison with others
as appropriate, submit a progress report in 6 months to the committee on the
implementation of the recommendations that had been accepted.
2066
WORK PROGRESSED BY COMMITTEE SINCE 2012 AND SELF-EVALUATION
2213. The committee considered a report by the Clerk proposing that a short report be
prepared on key aspects of its work since 2012 and that a further self-evaluation exercise be
progressed in advance of the local government elections in 2017. Reference was made to
similar work undertaken prior to the two most recent local government elections.
Councillor Wallace referred to the related support to be provided to complete this work by an
officer based in the Corporate Policy Unit.
The committee:(a)
agreed that during the forthcoming months a short, focussed report on key
aspects of work undertaken by the committee since 2012 be prepared and
that a further self-evaluation exercise be completed; and
(b)
noted that Councillor Wallace was currently considering the self-assessment
template used before and related documents and intended to provide views to
the Clerk on proceeding, the current view being that a quick review of all
relevant issues should be completed but with a more detailed focus placed on
some key issues.
CHAIR
2067
MINUTE
of
EAST RENFREWSHIRE COUNCIL
Minute of Special Meeting held at 4.00pm in the Council Chamber, Council
Headquarters, Giffnock, on 29 September 2016.
Present:
Provost Alastair Carmichael
Depute Provost Betty Cunningham
Councillor Tony Buchanan
Councillor Jim Fletcher (Leader)
Councillor Charlie Gilbert
Councillor Barbara Grant
Councillor Elaine Green
Councillor Alan Lafferty
Councillor Ian McAlpiine
Councillor Gordon McCaskill
Councillor Paul O’Kane
Councillor Tommy Reilly
Councillor Ralph Robertson
Councillor Gordon Wallace
Councillor Vincent Waters
Provost Carmichael in the Chair
Attending:
Lorraine McMillan, Chief Executive; Andy Cahill, Director of Environment; Julie Murray, Chief
Officer – Health and Social Care Partnership; Margaret McCrossan, Head of Accountancy
(Chief Financial Officer); Lesley Bairden, Chief Financial Officer, Health and Social Care
Partnership; Barbara Clark, Chief Accountant, Eamonn Daly, Democratic Services Manager;
and Jennifer Graham, Committee Services Officer
Apologies:
Councillors Danny Devlin, Kenny Hay, Stewart Miller and Mary Montague.
DECLARATIONS OF INTEREST
2214. There were no declarations of interest intimated.
ANNUAL ACCOUNTS FOR THE COUNCIL’S CHARITABLE TRUSTS AND EXTERNAL
AUDIT REPORT FOR 2015/16
2215. Under reference to the Minute of the meeting of the Audit and Scrutiny Committee
held earlier that day (Page 2058, Item 2204 refers), the Council considered a report by the
Head of Accountancy (Chief Financial Officer) advising that the audit of the 2015/16 Annual
Accounts for the seven charitable trusts for which the Council acted as trustee had been
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completed and that a copy of each of the accounts was now submitted for consideration. In
addition, the External Auditor’s report in respect of the Trusts, in compliance with the
International Standard on Auditing (ISA) 260, was also submitted for consideration.
Referring to the discussions that had taken place at the meeting of the Audit and Scrutiny
Committee, Councillor Wallace, Chair of the Committee, highlighted that many of the funds
were not being used regularly and it was proposed that information on the availability of
these Trusts would be advertised on the Council website.
Having heard Councillor Wallace the Council noted the 2015/16 Annual Accounts for each of
the Trusts and the associated External Auditor’s report.
EAST RENFREWSHIRE COUNCIL ANNUAL ACCOUNTS AND DRAFT ANNUAL AUDIT
REPORT FOR 2015/16
2216. Under reference to the Minute of the meeting of the Audit and Scrutiny Committee
held earlier that day (Page 2059, Item 2205 refers), the Council considered a report by the
Head of Accountancy (Chief Financial Officer) regarding the Annual Accounts for 2015/16
and the associated Annual Audit Report prepared by the External Auditor. The Audit Report
provided an overview of the main issues arising from the 2015/16 audit.
The Council had received an audit certificate which was unqualified. An overall surplus of
£2,865K had been recorded in the Accounts. After transfers to earmarked reserves, a sum
of £65K had been added to the non-earmarked General Fund reserve resulting in a balance
of £9,099K as at 31 March 2016. This represented 4.1% of the annual budgeted net
revenue expenditure which was in line with Council policy on this.
Transfers totalling £10,786k had been made from the General Fund balance to specific
reserves and capital expenditure of £25,683k had been invested. An operating surplus of
£425k had been achieved on the Housing Revenue Account resulting in an accumulated
surplus balance to carry forward of £1,378k.
Referring to the discussions that had taken place at the meeting of the Audit and Scrutiny
Committee, Councillor Wallace, Chair of the Committee, was heard in relation to
overpayments to care providers, advising that significant progress and improvements had
been made to the finance systems within HSCP.
The Council agreed to:(a)
approve the Councils Annual Accounts for 2015/16; and
(b)
note the draft Annual Audit Report to the Council and Controller of Audit
2015/16 and the External Auditor’s Report on matters arising from the audit of
the Council’s 2015/16 Financial Statements prepared under requirements of
ISA 260.
ANNUAL TREASURY MANAGEMENT REPORT 2015/16
2217. Under reference to the Minute of the meeting of the Audit and Scrutiny Committee
held earlier that day (Page 2060, Item 2206 refers), the Council considered a report by the
Head of Accountancy (Chief Financial Officer) Providing details of the Council’s treasury
management activities for the year ending 31 March 2016 and seeking approval that the
attached list of organisations for the investment of surplus funds be approved.
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The report explained that in line with the Chartered Institute of Public Finance and
Accountancy (CIPFA) Code of Practice on Treasury Management 2011, the Committee was
responsible for ensuring effective scrutiny of treasury management activities and the
submission of the report to the Committee was in accordance with that requirement.
Having heard Councillor Wallace, Chair of the Committee, the Council agreed to:(a)
note the Treasury Management Annual Report for 2015/16; and
(b)
approve those organisations specified in the report for investment of surplus
funds.
HEAD OF SERVICE RE-DESIGNATION WITHIN ENVIRONMENT DEPARTMENT
2218. The Council considered a report by the Deputy Chief Executive seeking approval for
a proposed re-designation of Head of Service remits within the Environment Department.
The report referred to the need to continue to ensure that appropriate structures were in
place to deliver an ambitious programme of change and improvement as a result of which
the Director of Environment had concluded that the existing remits of the Heads of Service
required to be changed to align with new operating models. It was intended that three new
multi-disciplinary teams would be created and a matching process would be undertaken with
the three existing Heads of Service. It was further reported that all service areas across the
department would be reviewed and, as the detail of the remits of the Heads of Service may
require adjustment as the change programme progresses, it was proposed that authority be
delegated to the Director of Corporate and Community Services to approve any further
changes as a result of this process. Details of the existing structure and proposed remits and
structure were attached to the report.
The Council agreed:(a)
to the proposed re-designated management structure within the Environment
Department as shown in Appendix 1 and 2b to the report; and
(b)
to delegate authority to the Deputy Chief Executive, in consultation with the
Director of Environment, to make necessary arrangements.
PROPOSED EXPANSION OF THE JOINT CIVIL CONTINGENCY SERVICE TO INCLUDE
WEST DUNBARTONSHIRE COUNCIL
2219. The Council considered a report by the Deputy Chief Executive seeking approval to
expand the Joint Civil Contingency Service to include West Dunbartonshire Council.
Further information was provided on the establishment of a Joint Civil Contingency Service
which was approved by the Council in 2008 and outlining the benefits which had been
brought about as a result of this change. Following a request from West Dunbartonshire
Council to consider expansion of the Joint Civil Contingency Service a review of current civil
contingencies working arrangements and policies within West Dunbartonshire was
undertaken and it was shown that there would be no detrimental impact on existing
members of the service if this expansion was approved. It was reported that West
Dunbartonshire Council would match East Renfrewshire and Inverclyde Councils current
contribution; would provide an additional administrative employee resource to support the
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transition process; and would also provide a transitional fund of £5,000 per year for the first
two years, to be used for training requirements.
The Council approved the expansion of the Joint Civil Contingency Service to include West
Dunbartonshire Council.
Urgent Item of Business
Provost Carmichael gave notice that he had accepted an additional item of business
in relation to the Fifth Statutory Review of Electoral Arrangements as urgent on the
grounds of the need to determine how to proceed following the decision made on the
Council’s electoral wards by the Local Boundary Commission for Scotland (The
Commission).
FIFTH STATUTORY REVIEW OF ELECTORAL ARRANGEMENTS
GOVERNMENT BOUNDARY COMMISSION FOR SCOTLAND
-
LOCAL
2220. Under reference to the Minute of the meeting of 14 September 2016 (Page 2030,
Item 2168 refers), when it was agreed that the sub-group of Elected Members be
reconvened and that it be delegated to that sub-group to determine whether or not the
Council should proceed to judicial review, an update on the sub-group meeting was
provided.
Councillor Fletcher advised that the sub-group had considered all available options and,
although there was a good legal case to proceed to judicial review, advised that there would
be a significant cost involved as both senior and junior Counsel would require to be
appointed. In order to reduce the costs involved, the sub-group had contacted other
councils in the same situation to ascertain if they would be prepared to proceed to judicial
review, and a deadline of 7 October had been given for their responses. Following receipt of
the responses the sub-group would meet again to take a view on how to proceed.
The Council noted the update provided.
PROVOST
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MINUTE
of
EDUCATION COMMITTEE
Minute of Meeting held at 10.00am in the Council Chamber, Council Headquarters,
Giffnock on 6 October 2016.
Present:
Councillor Elaine Green (Chair),
Councillor Paul O’Kane (Vice Chair),
Councillor Tony Buchanan
Councillor Charlie Gilbert
Councillor Gordon McCaskill
Councillor Ian McAlpine
Councillor Mary Montague
Ms Dorothy Graham
Ms Mary McIntyre
Mr Des Morris
Councillor Green in the Chair
Attending:
Mhairi Shaw, Director of Education; Janice Collins, Head of Education Services (Equality
and Equity); Fiona Morrison, Head of Education Services (Provision and Resources); Mark
Ratter, Head of Education Services (Quality Improvement and Performance); and Ron
Leitch, Committee Services Officer.
Apologies:
Councillors Jim Fletcher, Alan Lafferty, Jim Swift and Vincent Waters; and Dr Frank Angell.
DECLARATIONS OF INTEREST
2221. There were no declarations of interest intimated.
RESULTS OF THE CONSULTATION ON THE IMPLEMENTATION
ENTITLEMENT TO 600 HOURS OF EARLY LEARNING AND CHILDCARE
OF
THE
2222. Under reference to the Minute of the meeting of 19 November 2015 (Page 1696, Item
1808 refers), when it was agreed that the Director of Education would proceed with a
consultation exercise, report on the findings and bring forward a proposed model for East
Renfrewshire to a future meeting, the committee considered a report by the Director of
Education informing Members of the results of the consultation with parents on the future of
early learning and child care in East Renfrewshire and the proposals for taking this forward.
A copy of the full consultation report was appended to the report.
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The report explained that, with effect from August 2015, the provision and allocation of
nursery places had been organised in communities with a family centre at the heart of each
community offering 52 week provision and greater flexibility. Communities were aligned as
follows; Barrhead/Neilston/Uplawmoor; Busby/Clarkston/Eaglesham; Giffnock/Thornliebank;
and Newton Mearns. It went on to explain that 233 parents/carers had responded to the
consultation representing approximately 10% of the total number of children accessing the
service; that most had indicated that quality was the most important factor when choosing a
service; that the majority used a local authority nursery class or family centre indicating that
flexibility and affordability were important factors; and that most had indicated that core
hours suited their needs best and did not use wraparound services with cost and the shortterm factor being stated as a reason for this.
The report concluded by explaining that a significant number of parents/carers took
advantage of the flexibility offered within East Renfrewshire and that parental needs differed
across the 4 communities. In response to the consultation the department would carry out
further analysis of holiday provision to ensure that it was proportionate to needs and more
cost-effective for the Council to provide. The department would also increase places as
planned in Busby/Clarkston and in Newton Mearns to allow further flexibility to be offered in
these communities and to introduce extended day provision within Newton Mearns.
Responding to enquiries from Members regarding the location of the additional nursery
places within Newton Mearns and the cost of conducting the consultation given the relatively
low response rate, the Head of Education Services (Equality and Equity) explained that
additional nursery places would be located at the new Joint Faith Campus currently under
construction as well as at the proposed new non-denominational primary school, the
introduction of nursery provision in St. Cadoc’s (subject to a statutory education
consultation), and with the expansion of provision at Crookfur Primary School. She went on
to explain that the consultation had cost very little in view of the fact that the consultation
documentation had been made available on the Council’s online Citizen Space. The main
cost had been the time of officers in analysing the responses and in leading a number of
focus groups of parents/carers from each of the communities across the authority area.
Following further brief discussion the committee agreed to:(a)
approve the department’s proposals to meet the Council’s duty to provide 600
hours to all prescribed preschool children by continuing with the current model
of core hours, additional hours, flexible hours and holiday provision; and
(b)
further increase flexibility for parents, in particular full day places, to address
parental and family needs.
SQA EXAMINATION RESULTS 2016
2223. Under reference to the Minute of the meeting of 25 August 2016 (Page 2012, Item
2151 refers), when it was noted that a full presentation, including an examination of the
improvement made by pupils in the most disadvantaged groups, would be made to this
meeting, Councillor Green invited Dr Mark Ratter, Head of Education Services (Quality
Improvement and Performance) to make a presentation to the committee.
Dr Ratter provided a comparison of East Renfrewshire’s performance in 2016 against its
Virtual Comparator schools explaining that this had been the second year in which East
Renfrewshire had presented candidates for the new National 4 and 5 examinations. He
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highlighted that pupils had once again achieved outstanding S4, S5 and S6 results achieving
the best ever results at 5 or more awards at Level 5 in S4; 1,3,and 5 awards at Level 6 in S5;
and 1 or more awards at Level 7 in S6. East Renfrewshire schools had performed very well
in comparison to their Virtual Comparators and the quality of awards achieved remained very
high. He went on to advise that results for all East Renfrewshire young people, and
particularly for the lowest performing 20%, had continued to improve year on year over
recent years and that young people from the most deprived backgrounds, as measured by
the Scottish Index of Multiple Deprivation (SIMD), performed well above comparator groups
nationally.
Responding to comments from Councillor McCaskill regarding the reduction in literacy and
numeracy scores reported nationally and the lack of comparative data for other local
education authorities, the Head of Education Services (Quality Improvement and
Performance), supported by the Director of Education, explained that East Renfrewshire
literacy and numeracy performance as measured by Curriculum for Excellence attainment
had shown an increase in both primary schools and at the S3 stage. Performance in English
and mathematics at S4 and S5 had also remained very high or shown an increase and was
above the national average. It was also explained that the Association of Directors of
Education (ADES) would continue to press the Scottish Government for greater access to
Insight data to enable individual education authorities to carry out their own comparisons.
Councillor Montague sought clarification on how the additional resources allocated to helping
the lowest performing 20% of pupils were being used. In response, the Head of Education
Services (Quality Improvement and Performance) explained that additional staff had been
made available to schools to support individual pupils who required additional support. He
went on to outline the range of work being taken forward in this regard including the
establishment of literacy support groups; S6 pupils supporting younger pupils; and the
encouragement to staff to adopt a professional enquiry approach and to seek out
independent external research. He went on to explain that head teachers used relevant data
to identify the barriers that existed for individual pupils and groups of pupils and used this to
tailor individual support to those pupils who required additional support as well as to family
learning partnerships. The Director advised that it was her intention to once again invite a
number of head teachers to address a future meeting of the committee to explain in detail
how they approached this issue.
Having heard a number of Members congratulate the Education Department on another
commendable set of figures and, in particular, the inroads which had been made into closing
the attainment gap for the lowest performing 20% of pupils, and having heard Councillor
Green thank Dr Ratter for an excellent and informative presentation, the committee agreed
to note the position.
CHAIR
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2075
MINUTE
of
LICENSING COMMITTEE
Minute of Meeting held at 2.00pm in the Council Chamber, Council Headquarters,
Eastwood Park, Giffnock, on 11 October 2016.
Present:
Councillor Tommy Reilly (Chair)
Councillor Kenny Hay (Vice Chair)
Councillor Charlie Gilbert
Councillor Stewart Miller
Councillor Reilly in the Chair
Apology:
Councillor Betty Cunningham.
Attending:
Liz Currie, Strategy and Development Manager (Housing); and Jillian McGrain, Principal
Housing Officer (Private Sector); (Item 2227 only); Jacqui McCusker, Senior Solicitor; and
Ron Leitch, Committee Services Officer.
Also Attending:
Chief Inspector Angela Carty and Sergeant Craig Brady, Police Scotland (Items 2225 and
2226 only).
DECLARATIONS OF INTEREST
2224. There were no declarations of interest intimated.
Resolution to Exclude Press and Public
At this point in the meeting, on the motion of the Chair, the committee unanimously resolved
that in accordance with the provisions of Section 50A(4) of the Local Government (Scotland)
Act 1973, as amended, the press and public be excluded from the meeting for the following
items on the grounds that they involved the likely disclosure of exempt information as
defined in Paragraphs 6 and 14 of Part 1 of Schedule 7A to the Act.
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PRIVATE HIRE CAR DRIVER’S LICENCE – APPLICATION FOR GRANT
2225. The committee considered a report by the Chief Officer (Legal & Procurement)
regarding an application for the grant of a Private Hire Car Driver’s Licence (Agenda Item 3
refers). The applicant was present. Chief Inspector Carty and Sergeant Brady, representing
the Chief Constable who had made an objection in respect of the application, were also
present.
The report explained that in terms of the Rehabilitation of Offenders Act 1974 (Exclusions
and Exceptions) (Scotland) Order 2003, applicants for Taxi and Private Hire Car Driver’s
Licences were required to disclose all previous convictions, both “spent” and “live”. Details of
the applicant’s previous convictions were listed.
The report further explained that in determining the application it would be for the committee
to decide what weight it wished to attach to the applicant’s previous convictions, taking
account of the period of time since the commission of the offence, its relevance to the type of
licence being applied for, and also the objection by the Chief Constable.
Chief Inspector Carty was heard in respect of the objection submitted by the Chief Constable
and in response to questions from Members.
The applicant was then heard in respect of the application and in response to questions from
Members.
Following brief discussion and having taken account of the submission made by the
applicant, his previous convictions, their seriousness and relevance to the licence being
applied for, and also having taken account of the objection by the Chief Constable, the
committee agreed that the application be refused on the grounds that the applicant was not
a fit and proper person to be the holder of such a licence by virtue of his previous
convictions.
PRIVATE HIRE CAR DRIVER’S LICENCE – APPLICATION FOR GRANT
2226. Under reference to the Minute of the meeting of 16 August 2016 (Page 1988, Item
2123 refers) when it had been agreed to defer consideration of the application to enable the
applicant to make a personal appearance, the committee considered a report by the Chief
Officer (Legal & Procurement) in respect of the application (Agenda Item 4 refers). The
applicant was present. Chief Inspector Carty and Sergeant Brady, representing the Chief
Constable who had made an objection in respect of the application, were also present.
The report explained that in terms of the Rehabilitation of Offenders Act 1974 (Exclusions
and Exceptions) (Scotland) Order 2003, applicants for Taxi and Private Hire Car Driver’s
Licences were required to disclose all previous convictions, both “spent” and “live”. Details of
the applicant’s previous convictions were listed.
The report further explained that in determining the application it would be for the committee
to decide what weight it wished to attach to the applicant’s previous convictions, taking
account of the period of time since the commission of the offences, their relevance to the
type of licence being applied for, and also the objection by the Chief Constable.
Chief Inspector Carty was heard in respect of the objection submitted by the Chief Constable
and in response to questions from Members.
2077
The applicant was then heard in respect of the application and in response to questions from
Members.
Following brief discussion the committee agreed to a short adjournment to consider the
matter.
On reconvening, the committee, having taken account of the submission made by the
applicant, his previous convictions, their seriousness and relevance to the licence being
applied for, and also having taken account of the objection by the Chief Constable, agreed
that the application be refused on the grounds that the applicant was not a fit and proper
person to be the holder of such a licence by virtue of his previous convictions.
PRIVATE LANDLORD REGISTRATION
2227. The committee considered a report by the Director of Environment regarding an
application for inclusion on the Register of Social Landlords under the terms of the Antisocial
Behaviour etc. (Scotland) Act 2004, as amended (Agenda Item 5 refers). The applicant was
present. The Strategy and Development Manager (Housing) and the Principal Housing
Officer (Private Sector) were also present.
The Principal Housing Officer (Private Sector) was heard in respect of the application and in
response to questions from members.
The applicant was then heard in respect of the application and in response to questions from
members
Following a brief discussion the committee agreed that the application for inclusion on the
Register of Private Landlords be approved.
CHAIR
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