STIRLING COUNCIL

 

MINUTES of MEETING of STIRLING COUNCIL held in the COUNCIL CHAMBERS,
VIEWFORTH, STIRLING on THURSDAY 5 DECEMBER 2019 at 10.00 AM

 

Present:

Provost Christine SIMPSON (in the Chair)

 

Councillor Maureen BENNISON
Councillor Neil BENNY
Councillor Alistair BERRILL
Councillor Margaret BRISLEY
Councillor Robert DAVIES
Councillor Douglas DODDS
Councillor Martin EARL
Councillor Scott FARMER
Councillor Danny GIBSON
Councillor Graham HOUSTON

Councillor Chris KANE
Councillor Graham LAMBIE
Councillor Alison LAURIE
Councillor Alastair MAJURY
Councillor Jeremy MCDONALD
Councillor Susan MCGILL
Councillor Ross OXBURGH
Councillor Jim THOMSON

Councillor Alasdair TOLLEMACHE
Councillor Evelyn TWEED

 

In Attendance

 

Jennifer Baird, Category Manager
Carol Beattie, Chief Executive

Annemargaret Black, Chief Officer – Clackmannanshire & Stirling Health & Social Care Partnership/Integration Joint Board

Jim Boyle, Chief Officer – Finance

Martin Dalziel, Team Leader – External Communications

Lesley Gallagher, Service Manager – Regeneration & Inclusive Growth
David Hopper, Sustainable Development Manager

Kristine Johnson, Chief Officer – HR & OD

Kevin Kelman, Chief Operating Officer – People/Chief Education Officer
Steven MacDonald, Team Leader, Economic Development

Isabel McKnight, Chief Operating Officer – Communities & Performance
Islay Moore, Support Officer, Governance

Ewan Murray, Chief Finance Officer - Clackmannanshire and Stirling Health & Social Care Partnership)

Stuart Oliver, Senior Manager – Economic Development & Communities
Brian Roberts, Chief Operating Officer – Infrastructure & Environment
Scott Ross, Portfolio & Business Manager

Marie Valente, Senior Manager/Chief Social Work Officer
Julia McAfee, Chief Officer – Governance (Clerk)

Sheila McLean, Governance Officer (Minutes)

 

Announcements

 

Prior to commencement of business, the Provost presented Nelson Busby with a UK Mobile Librarian of the Year Award. Council congratulated Mr Busby on his achievement.

 

The Provost invited Members to make a donation to Foodbank when receiving their Christmas lunch following today’s meeting.

SC249 APOLOGIES‌‌‌‌‌

 

Apologies for absence were submitted on behalf of Councillor Bryan Flannagan.

 

SC250 DECLARATIONS OF INTEREST

 

There were no declarations of interest.

 

SC251 URGENT BUSINESS

 

There were no items of urgent business.

 

Councillor Douglas Dodds joined the Meeting at this point.

 

SC252 MINUTES

 

The following Minutes were submitted for approval:-

 

1. Meeting of Stirling Council – 3 October 2019
   Decision

   The Minutes of the Meeting of Stirling Council held on 3 October 2019 were agreed as an accurate record of proceedings.

2. Meeting of Appointments Panel – 4 November 2019
   Decision

   The Minutes of the Appointments Panel held on 4 November 2019 were agreed as an accurate record of proceedings.

3. Meeting of Appointments Panel – 5 November 2019
   Decision

   The Minutes of the Appointments Panel held on 5 November 2019 were agreed as an accurate record of proceedings.

4. Meeting of Appointments Panel – 12 November 2019
   Decision

   The Minutes of the Appointments Panel held on 12 November 2019 were agreed as an accurate record of proceedings.

5. Meeting of Appointments Panel – 19 November 2019
   Decision

   The Minutes of the Appointments Panel on 19 November 2019 were agreed as an accurate record of proceedings.

    

6. Meeting of Chief Executive Appraisal Panel – 1 October 2019
   Decision‌‌‌

   The Minutes of the Chief Executive Appraisal Panel held on 1 October 2019 were agreed as an accurate record of proceedings.

    

7. Meeting of Local Review Body – 4 October 2019Decision

   The Minutes of the Local Review Body held on 4 October 2019 were agreed as an accurate record of proceedings.

    

8. Meeting of Local Review Body – 9 October 2019
   Decision

The Minutes of the Local Review Body held on 9 October 2019 were agreed as
an accurate record of proceedings.

 

SC253 WRITTEN QUESTIONS

 

Eight written questions had been received in terms of Standing Order 30. The
questions and answers are attached at Appendix 1 to these Minutes.

 

The Members who had put the written questions were allowed one supplementary question and the supplementary questions and answers thereto are included in Appendix 1.

 

SC254 QUESTION TIME

 

In terms of Standing Order 37, Members had the opportunity to put a question to the Provost, the Leader of the Council, any Portfolio Holder or Committee Convener or Chair of any Panel as appropriate, regarding any business included in the volume of minutes for that meeting and any minutes on the Council agenda for approval.

 

The following questions were put:-

 

Councillor Douglas Dodds – Minutes of Meeting of Stirling Council held on 27 June 2019 (SC223(e) – Question regarding Grass Cutting)

 

The Convener of the Environment & Housing Committee advised that a report was currently being drafted for submission to a future Committee.

Councillor Jeremy McDonald – Minutes of Meeting of Stirling Council held on 27 June 2019 (SC217 – Question regarding Public Sector Equality Duty)

 

The Leader of the Council advised that he was unaware of any anti-English
sentiment or intolerance within the Council, but gave an assurance that he would uphold respect and equality and condemn any incidents of discriminatory language if these should occur.

 

Councillor Alastair Majury – Minutes of Meeting of Stirling Council held on 27
June 2019 (SC209 – Question regarding Debts over £10,000)

 

The Leader of the Council confirmed that a meeting had taken place to discuss
outstanding debt and repeat offenders. A number of questions remained over how to deal with these issues.

 

A further question was put by Councillor Alastair Berrill, who asked why the Minutes of the Children & Young People Committee of 26 September 2019 were not included in the Volume of Minutes.

 

The Chief Governance Officer apologised for the Volume of Minutes not being fully up to date, due to Democratic Services staff being committed to administering the General Election which had been called at short notice for 12 December. She gave an assurance that this would be rectified for the Volume submitted to the next meeting.

 

SC255 CLACKMANNANSHIRE & STIRLING HEALTH AND SOCIAL CARE (HSCP) – FINANCIAL AND SERVICE RISK

 

The Clackmannanshire and Stirling Health and Social Care Partnership (HSCP) had been flagged as a red level of risk in a report to Audit Committee on 31 October 2019.

 

A report by the Chief Officer – Clackmannanshire & Stirling (HSCP) provided an overview of the current service and financial risks together with a summary of the actions being taken to mitigate the risk.

 

The report set out the significant and continuing financial challenges and highlighted further challenges in terms of demographic change and demand for services, which had been detailed in a Joint Strategic Needs Assessment.

 

The report detailed corporate support investment by each of the constituent bodies.

 

The Chief Officer and Chief Finance Officer of the HSCP responded to a number of questions from Members.

 

It was advised that the situation was improving and actions would be taken forward in a 3-year plan. Recruitment was taking place to increase leader management capacity.

 

Work was ongoing to update projections on reserves and the Chief Finance Officer undertook to provide further detail to Members.

Members expressed concern at the high level of risk identified to the Audit
Committee on 31 October. The Chief Officer confirmed that a full assessment was required in relation to delivery of care packages.‌

 

Stirling Council’s Chief Finance Officer provided further detail on the Council’s
position in discussions around the financial position.

 

The Opposition Group Leader noted that only one political group in Stirling was represented on the Integrated Joint Board (IJB) and made a suggestion that the Council discuss representation.

 

It was noted that a meeting of the Adult Social Care Panel to take place later in the day would examine the challenges in greater detail and provide an opportunity for further discussion.

 

Decision

 

Council agreed:-

1. to note the key service and financial pressures and developing approach to mitigate these risks, as far as possible;

2. to note the agreed HSCP senior management and leadership team structure; and

3. to note the contributions to be made by each of the constituent parties to support the work of the HSCP senior management and leadership team.

(Reference: Report by Chief Officer – Clackmannanshire & Stirling Health & Social Care Partnership, dated 26 November 2019, submitted)

 

SC256 BVAR IMPROVEMENT ACTION PLAN – PROGRESS UPDATE

 

The Portfolio and Business Manager introduced a report which provided a progress update on the improvement action plan developed to implement the ten recommendations presented in the Stirling Council Best Value Assurance Report (BVAR) prepared by Audit Scotland, April 2019.

 

The Chief Governance Officer advised that new monitoring arrangements were in place to record Elected Member attendance and training events and briefings. It was important that this could be evidenced.

 

In response to a concern raised that the response deadline for the Residents
Satisfaction Survey had been unrealistic, officers undertook to discuss this with Members outwith the meeting.

 

Decision

 

Council agreed:-

 

1. to note the progress made towards the achievement of the actions detailed in the BVAR improvement action plan (attached as Appendix 1 to the report);

2. to note that regular updates on the progress made towards achievement of the improvement actions would be provided to future meetings of Stirling Council and Audit Committee.‌

 

(Reference: Report by Chief Operating Officer – Communities & Performance, dated 12 November 2019 submitted)‌

 

SC257 BUS STATION MANAGEMENT RULES

 

The Sustainable Development Manager introduced a report which advised that, on 29 October 2009, the Council had approved Management Rules for Stirling Bus Station. A copy of these Rules was attached as an appendix to the report.

 

The Management Rules came into effect on 22 December 2009 and were due to expire on 21 December 2019. It was proposed that the existing Rules be extended for a period of six months to allow for a period of review, during which time any proposed improvements would be advertised. A report would then be brought back to Council for approval of the Rules.

 

In response to a question, the Manager advised that the delay in bringing this to Council had been as a result of an oversight due to staff changes.

 

Decision

 

Council agreed to extend the current Management Rules for a 6 month period to allow for a period of review.

 

(Reference: Report by Chief Operating Officer – Infrastructure & Environment, dated 25 November 2019, submitted.)

 

SC258 IMPLEMENTATION OF LIVING WAGE

 

Stirling Council was an accredited Living Wage employer. The Chief Officer – HR & OD introduced a report which advised that, in previous years, the Council had decided to implement the increase to the hourly rate, shortly after the announcement by the Living Wage Foundation in November, as opposed to applying the increase from the next salary inflation period which took place in April.

 

The report set out the implications of implementing the increase from 16 November 2019.

 

It was noted that Services would seek to contain the cost within existing budgets, but this might not be possible, resulting in overspends within Service budgets.

 

Council was invited to consider whether to approve the early implementation of the Living Wage and whether costs should be met from Council reserves where services could not maintain additional costs within existing budgets.

Motion

 

“Council agrees:-

 

1. the early implementation of the Living Wage from 16 November 2019 at a rate of £9.37 per hour;

    

2. that early implementation costs should be met from Council reserves where services cannot maintain the additional cost within existing budgets;

    

3. that a proposal will be included in the 2020/21 budget to introduce a
   temporary pay supplement from 1st April 2020 to ensure the lowest wage offered to Stirling Council employees is equivalent of £10 per hour until such time as the Living Wage Foundation recommended hourly rate rises to or above £10 per hour and is implemented by Stirling Council. The proposal will include engagement with Council employees and Trade Unions.”

 

Proposed by Councillor Margaret Brisley, seconded by Councillor Alison Laurie.

 

Councillor Neil Benny agreed with the terms of the motion, but proposed that, in addition, the Council should contact Council suppliers and other businesses with whom the Council had a relationship, to ensure that the lowest paid in society were paid the Living Wage.

 

The Chief Finance Officer clarified that officers could look at the terms of the motion to calculate costings in order to work up a proposal for consideration when setting the next budget.

 

In terms of Standing Order No 63, Councillor Rob Davies, having moved against the motion but having failed to find a seconder, requested that his dissent be recorded.

 

Decision

 

Council agreed:

1. the early implementation of the Living Wage from 16 November 2019 at a rate of £9.37 per hour;

2. that early implementation costs should be met from Council reserves where services cannot maintain the additional cost within existing budgets, without an impact on service delivery;

3. that officers work up a proposal to be included in the 2020/21 budget to
   introduce a temporary pay supplement from 1 April 2020 to ensure the
   lowest wage offered to Stirling Council employees was equivalent to £10 per hour until such time as the Living Wage Foundation recommended hourly rate rose to or above £10 per hour and was implemented by Stirling Council. The proposal would include engagement with Council employees and Trade Unions;

4. to proactively encourage Council suppliers and other businesses with whom we work and all businesses who are located within the Stirling Council area, to pay the Living Wage.

(Reference: Report by Chief Officer – HR & OD dated 18 November 2019,
submitted).

Councillor Ross Oxburgh left the Meeting at this point.

 

SC259 2020 COUNCIL BUDGET-SETTING MEETING AND PROPOSED CHANGE TO OF COUNCIL MEETINGS

 

A report by the Chief Governance Officer advised that the Council budget-setting meeting in 2020 would require to take place slightly later in February than would usually be the case, due to a delay in confirmation of Government funding as a result of the UK Parliamentary General Election taking place on 12 December 2019.

 

It was therefore proposed that the Council budget-setting meeting take place on the date and at the time which had been set for the standard February Council Meeting – Thursday 27 February 2020 at 10am.

 

Subsequently, it was also proposed that the standard Council meeting, which was scheduled to take place on 27 February 2020, be arranged for the following week – Thursday 5 March 2020 at 10am.

 

Decision

Council agreed:-

1. that the 2020 Council budget-setting meeting will take place on Thursday 27 February 2020 at 10am; and

2. that a standard Council meeting be arranged for Thursday 5 March 2020 at 10am, in place of the original meeting now devoted to budget-setting.

(Reference: Report by Chief Officer - Governance dated 28 November 2019,
submitted).

 

Councillor Ross Oxburgh rejoined the Meeting, and Councillor Alasdair MacPherson left the Meeting, during consideration of the following item.

 

SC260 POLICE SCOTLAND DIVISIONAL COMMANDER – FORTH VALLEY DIVISION

 

The Assistant Chief Constable of Police Scotland had advised the Chief Executive of Stirling Council of the nomination of Chief Superintendent Alan Gibson to the role of Divisional Commander for Forth Valley Division. This post had become vacant following the departure of Chief Superintendent Thom McLoughlin.

 

Council was advised that Police Scotland was obliged in terms of section 44 of The Police and Fire Reform (Scotland) Act 2012, to consult the local authority before designating an officer to carry out the Local Police Commander role.

 

Council was asked to consider this matter so that it could be dealt with expeditiously since the next meeting of the Public Safety Committee would not take place until 16 January 2020.

 

The Chief Governance Officer advised that the content of the letter from the Assistant Chief Constable had contained personal information on individuals and had therefore been made available to Members in the form of a background paper, rather than being included within a public report. Members expressed concern that they had not had access to this information and the lack of effective consultation, given that the officer was already in post. The Chief Governance Officer confirmed that she had raised these concerns with Police Scotland but to date had received no response.‌

 

Decision

 

Council agreed:-

1. to note the appointment of Chief Superintendent Alan Gibson to the role of Divisional Commander in Forth Valley Division;

2. to request that the Chief Executive write to the Chief Constable and the
   Scottish Police Authority to advise of Council’s dissatisfaction that the law on consultation appeared to not have been complied with, noting that recruitment processes will be well documented within Police Scotland and confirming that Council expects timescales and process for consultation to be provided in the event of future appointments.

 

(Reference: Report by Chief Officer - Governance dated 27 November 2019,
submitted).

 

SC261 STIRLING COUNCIL ANNUAL REPORT 2018-19

 

The Portfolio & Business Manager introduced a report which provided an overview of Stirling Council’s performance against its strategic aims and priorities between April 2018, and March 2019. The report provided a summary of work across the last financial year, highlighting the Council’s achievements and recognising the successes of services.

 

The Annual Report also helped the Council to meet its duty of Best Value, in
particular the requirements relating to Public Performance Reporting (PPR).

 

The submitted report detailed recommendations made by Audit Scotland and the Council’s Best Value Improvement Action Plan setting out actions to meet those recommendations.

 

Members welcomed the report and recorded congratulations to the Corporate
Management Team and staff for delivering top quality services.

 

Decision

 

Council agreed:-

 

1. to note the performance of reported indicators for each of the Council’s Key Priorities (as set out Appendix 1 to the report, pages 10 to 49); and

2. to note that the layout and content of the 2018-19 report had been updated to incorporate specific actions from the Best Value Audit Report, April 2019 (explained in paragraphs 2.1 to 2.4 of the submitted report).

 

(Reference: Report by Chief Operating Officer – Communities and Performance
dated 26 November 2019, submitted)

 

SC262 STIRLING COUNCIL KEY PRIORITIES ANNUAL REPORT‌‌‌

 

The Portfolio & Business Manager introduced a report which provided an annual progress update on the achievement of the service actions that contributed to the delivery of the Council’s key priorities.

 

The Council’s Five-year Business Plan outlined the six key priorities that would help the organisation achieve the PHAR (Prosperous, Healthy, Achieving and Resilient) outcomes. Council was advised that regular tracking and monitoring was in place through the Council’s performance management system to ensure accountability for the delivery of the service actions underpinning the six key priorities.

 

Members questioned how decisions were reported and whether there was an
adequate process for scrutiny by Elected Members. The Chief Governance Officer and Portfolio & Business Manager undertook to examine how this information could be reported to respective Committees.

 

The Leader of the Council recorded thanks to the Corporate Management Team for the regular engagement with the Administration. Members recorded thanks to officers for the excellent work undertaken.

 

Decision

Council agreed:-

1. to note the progress made towards achievement of the service actions that contribute to the delivery of the Council’s key priorities, which were included as Appendix 1 to the submitted report;

2. to approve the closure of four actions. A description of the action and
   reason for closure was included at paragraph 2.5 of the report;

3. to note the infographic, which displayed the key highlights of the progress made towards the delivery of the Council’s key priorities, which was included as Appendix 2 to the report; and

4. to note the table of key priority actions that are expected to continue in future years, which were included as Appendix 3 to the report.

 

(Reference: Report by Chief Operating Officer – Communities & Performance dated 26 November 2019, submitted)

 

SC263 MOTIONS IN TERMS OF STANDING ORDER 39

 

Prior to the Meeting, Elected Members had received supplementary information from Officers on the subject of these Motions. The supplementary information is attached as Appendix 2 to these Minutes.

 

“(a) Volunteering Charter

 

Through Council’s partnership with Stirlingshire Voluntary Enterprise and Volunteer Scotland, 2020 will see a series of events across Stirling celebrating volunteering and furthering Council’s ambition to see 50% of our citizens engaged in volunteering and Stirling to become a centre of excellence for volunteering in Scotland.

Council recognises the continuing need for the voluntary sector and Trades Union to find common ground which preserves the spirit of volunteering while closing the door on exploitation. In 2012 Council adopted the Scottish Trades Union Congress ‘Charter for Strengthening Relations between Paid Staff and Volunteers’ and is therefore pleased to adopt the updated 2019 ‘Volunteering Charter’ and its ten principles which say:

 

• 1st Principle: Any volunteer activity is a freely made choice of the individual. If there is any compulsion, threat of sanctions or force, then any such activity is not volunteering;

• 2nd Principle: Volunteers should receive no financial reward for their time however out of pocket expenses should be covered; no one should be prevented from volunteering due to their income;

• 3rd Principle: Effective structures should be put in place to support, train and develop volunteers and their collaboration with paid workers;

• 4th Principle: Volunteers and paid workers should be able to carry out their duties in safe, secure and healthy environments that are free from
  harassment, intimidation, bullying, violence and discrimination;

• 5th Principle: Volunteers should not carry out duties formerly carried out by paid workers nor should they be used to disguise the effects of non-filled vacancies or cuts in services;

• 6th Principle: Volunteers should not be used instead of paid workers or
  undercut their pay and conditions of service nor undertake the work of paid workers during industrial disputes;

• 7th Principle: Volunteers should not be used to reduce contract costs nor be a replacement for paid workers in competitive tenders or procurement processes;

• 8th Principle: Volunteers should not be used to bypass minimum wage
  legislation nor generate profit for owners;

• 9th Principle: Volunteers and paid workers should be given the opportunity to contribute to the development and monitoring of volunteering policies and procedures, including the need for policies that resolve any issues or conflicts that may arise; and

• 10th Principle: Volunteer roles should be designed and negotiated around the needs and interests of volunteers, involving organisations and wider stakeholders. Finding legitimacy and avoiding exploitation through consensus depends on mutual trust and respect.”

 

Signed by Councillor Chris Kane and Councillor Scott Farmer.

 

The Motion was unanimously agreed without the need for a roll call vote.

 

“(b) To appropriately mark the 200th anniversary of the Radical Uprising of
1820

 

In the early decades of the 19th century, the working classes of the United Kingdom were exploited by an industrial revolution in full swing and an economic recession caused by financial excesses in the Napoleonic Wars.

 

Tens of thousands marched in support of reform and in protest at widespread
unemployment and rising prices. The Government did not listen to ordinary people and a rage born of hopelessness began to form in the hearts of workers across the country.

In 1819, government forces dispersed by cavalry charge, 80,000 men, women and children who had gathered to demand reform near Manchester at a place that came to be known as Peterloo.

 

In 1820, an uprising broke out across Scotland’s industrial centre. Addresses were posted in Glasgow, Dumbarton, Paisley and Kilsyth calling for a general strike. Work in factories stopped and a small group of radicals, led by Andrew Hardie and John Baird, marched on the Carron Ironworks to arm themselves.

 

They were intercepted and defeated at Bonnymuir by Government troops. The strikes collapsed and the war was over. Rather than try to heal the wounds of division, the Government charged Baird and Hardie, along with 86 others, of treason. On 8th September 1820, Baird and Hardie were executed in public, by hanging, outside of Stirling’s Tolbooth. The Government then made a very public declaration by posthumously beheading both men.

 

History has taught us that you cannot subdue the will of the working classes and, with passion and diligence, a pardon was secured for both men in 1835. What is in danger of being lost to history are the courageous stories and sacrifices made by the men and women who fought for change in the Radical Uprising of 1820.

 

Council resolves to mark the 200th anniversary with appropriate cultural and
educational events in our schools, libraries and event spaces. Council further
resolves to erect an appropriate memorial to ensure the story of Baird and Hardie,
and this key moment in an ongoing struggle for workers’ rights and recognition, is
appropriately marked. Council resolves to request a civic reception to mark the
anniversary on 8th September 2020.”

 

Signed by Councillor Chris Kane and Councillor Susan McGill.

 

The Motion was unanimously agreed without the need for a roll call vote.

 

“(c) Council Budget Process

 

Council notes that the budget forecasts remain challenging for Stirling Council.

 

Council notes that communities and citizens have played an important part of budget setting in previous years.

 

Council believes that citizens and communities should be fully involved in the budget process.

 

Council resolves to instruct the Chief Executive to work with managers and staff to bring forward options to close the budget gap including efficiency savings, service redesign and income generation.

 

These budget options should be published on the Council website on or before 10th January. Furthermore copies of these options should be sent to all Community Councils for consultation.

 

All consultation responses will be made available to all elected members prior to the papers for the Council budget meeting being published.”

 

Signed by Councillor Neil Benny and Councillor Alistair Berrill.

The Chief Governance Officer advised that the terms of this Motion fell within the six month rule as set out in Standing Order 77, as it had been considered at the meeting of the Finance & Economy Committee on 13 June 2019. Accordingly, no less than two thirds of Members present and entitled to vote would need to agree to consider the Motion.‌

 

Discussion took place on the terms of this advice, with Councillor Neil Benny stating his view that the matter for discussion was materially different.

 

In terms of Standing Order 77, a vote was conducted on a show of hands. The result was as follows:-

 

 

Accordingly, Council agreed not to consider this Motion as it fell within the six month rule.

 

Council resolved under Section 50A (4) of the Local Government (Scotland) Act 1973
that the public be excluded from the meeting for the following item of business on the
grounds that it involved the disclosure of exempt information as defined in
Paragraph 9 of Part 1 of Schedule 7A of the Local Government (Scotland) Act 1973.

 

SC264 NATIONAL WALLACE MONUMENT – REVIEW OF LEASE ARRANGEMENTS
AND OPERATING OPTIONS UPDATE

 

At its meeting on 3 October 2019, Council had considered a report setting out a review of lease arrangements and operating options for the National Wallace
Monument.

 

The Senior Manager – Economic Development & Communities presented a report which provided an update on negotiations and responded to a number of questions from Members.

 

Motion – Exempt in terms of Paragraph 9 of Part 1 of Schedule 7A of the Local
Government (Scotland) Act 1973.

 

Moved by Councillor Scott Farmer, seconded by Councillor Danny Gibson.

 

Decision

 

The Motion was agreed without the need for a roll call vote.

 

(Reference: Report by Senior Manager Economic Development & Communities
dated 27 November 2019, submitted).

 

The Provost declared the Meeting closed at 1.10 pm

THIS REPORT RELATES

TO ITEM 5
ON THE AGENDA

 

STIRLING COUNCIL
5 DECEMBER 2019

WRITTEN QUESTIONS

 

Questions on the following matters have been submitted in terms of Standing Order No 30. The written answers are attached.

 

1. Convener of Children and Young People Committee: Foster Carers

    

2. Convener of Public Safety Committee: Public Safety Committee Attendance

    

3. Convener of Children & Young People Committee: Foster Carer’s Budget

    

4. Convener of Adult Social Care Panel: Strathendrick Care Home

    

5. Convener of Environment & Housing Committee: Former Abattoir Site, Dunblane

    

6. Convener of Environment & Housing Committee: Safe Cycling Infrastructure

    

7. Convener of Adult Social Care Panel: Ashwood House Care Home, Callander

    

8. Convener of Finance and Economy Committee: Callander Climate and Community Experience Sites

 

 

QUESTION 1

 

QUESTION FROM COUNCILLOR ALASDAIR TOLLEMACHE FOR ANSWER BY THE
CONVENER OF CHILDREN AND YOUNG PEOPLE COMMITTEE AT THE FULL COUNCIL MEETING TO BE HELD ON THURSDAY 5 DECEMBER 2019.

 

Question

 

Foster carers play a vital part in supporting many young people in Stirling can you tell me what plans are in place to dialogue with the foster carers in any proposed changes in their terms and conditions.

 

Answer

 

At a meeting on 7th May 2019, the Foster Carers Consultative Committee and officers agreed that a review of payments would take place. The Consultative Committee agreed the consultation process for the review of payments. Council officers reviewed payments across Scotland, focusing on comparator local authorities.

 

A focus group involving foster carers fed into a draft paper on the review of payments. A questionnaire was sent out to all foster carer individually seeking their views on the draft paper. The paper on the review of payments was amended in light of the feedback.

 

After a recent meeting with foster carers, it has been agreed that the review of payments will bedeferred until CoSLA produces a paper next year on work they have been undertaking on foster carers allowances. Future proposals will take cognisance of the contents of the CoSLA paper.

 

Supplementary Question and Answer

 

Councillor Tollemache thanked the Convener for her answer and asked whether any further review was planned.

 

The Convener advised that that the full package of services was being looked at and this would provide an opportunity for a more comprehensive review,

QUESTION 2

 

QUESTION FROM COUNCILLOR JIM THOMSON FOR ANSWER BY THE CONVENER
OF PUBLIC SAFETY COMMITTEE AT THE FULL COUNCIL MEETING TO BE HELD ON
THURSDAY 5 DECEMBER 2019.

 

Question

 

To ask the Convener to provide an attendance list of elected members per ward since May 2017.

 

Answer

 

The requested attendance list is provided over the page.

 

Supplementary Question and Answer

 

Councillor Thomson thanked the Convener for her answer and, in noting the incidents of crime and anti-social behaviour in Ward 4, requested the Chief Governance Officer to examine whether the rules around this particular Committee could be revised to allow another Ward Member to substitute, in the event of the sitting Member not being in attendance and not having submitted apologies, to ensure that all communities were represented.

PUBLIC SAFETY COMMITTEE

 

Member Attendance by Ward

(* Standing Orders since amended to the effect that substitutions to Public Safety have to be by another Ward Member)

 

 

QUESTION 3

 

QUESTION FROM COUNCILLOR ROBERT DAVIES FOR ANSWER BY THE CONVENER
OF CHILDREN AND YOUNG PEOPLE COMMITTEE AT THE FULL COUNCIL MEETING
TO BE HELD ON THURSDAY 5 DECEMBER 2019.

 

Question

 

You know that allowance and fees for Foster Carer’s have been frozen for the past five years putting great financial pressure on these valued workers. Do you agree that the removal of the £420 telephone allowance in last year’s budget has put even greater stress on these selfless people and was a mistake and should have been identified and stopped by your committee?

 

Answer

 

Following discussions with foster carers about payments in general, it was agreed to review overall payments in order to create a simplified and fair system in line with our comparator local authorities.

 

The removal of the telephone allowance was agreed because developments in technology have resulted in most foster carers using multimedia telephone packages that include provision for telephone calls relating to foster care, rather than calls incurring additional costs.

 

Supplementary Question and Answer

 

Councillor Davies thanked the Convener for her answer but noted that he was disappointed at the response. He considered that young people needed technology to keep in touch and that foster carers deserved this support.

 

The Convener confirmed that this had been a budget decision but would be included in discussions around the overall support package.

 

QUESTION 4

 

QUESTION FROM COUNCILLOR ALISTAIR BERRILL FOR ANSWER BY THE CHAIR
OF ADULT SOCIAL CARE PANEL AT THE FULL COUNCIL MEETING TO BE HELD ON
THURSDAY 5 DECEMBER 2019.

 

Question

 

There has been discussion at the Finance and Economy Committee regarding the possible closure of Strathendrick Care Home. The Council Leader is reported to have said that it is for the Integrated Joint Board rather than Stirling Council to make such a decision. Could the Chair of the Adult Social Care Panel confirm where the legal decision making power resides.

 

Answer

 

The IJB is the responsible body for planning the model of care, both community and buildings-based. Stirling Council is responsible for the asset (in this case the building).

 

Supplementary Question and Answer

 

Councillor Berrill thanked the Chair for her answer and asked what would happen if the IJB took this decision without the agreement of the Council.

 

The Chair confirmed that the IJB was responsible for the commissioning of services, the Council for buildings. She invited Members to attend a meeting of the Adult Social Care Panel later in the day to hear a discussion on the future of the IJB.

 

 

QUESTION 5

 

QUESTION FROM COUNCILLOR ALASTAIR MAJURY FOR ANSWER BY THE
CONVENER OF ENVIRONMENT & HOUSING COMMITTEE AT THE FULL COUNCIL
MEETING TO BE HELD ON THURSDAY 5 DECEMBER 2019.

 

Question

 

Would the convener advise what efforts are being made by officers to engage with Network Rail regarding utilising the former abattoir site in Dunblane for the use of free commuter parking?

 

Answer

 

Network Rail have already purchased the site and plan to use this land in relation to their local network operations. The position was confirmed to the community council and local Elected Members at the time. If parking can be accommodated on the site as part of the Network Rail operations, then the Council would support Network Rail to achieve this.

 

Elected Members may also be aware that the Dunblane Partnership, with support from council officers, has recently been awarded £95,000 from Transport Scotland to undertake a feasibility study into strategic park and ride options to alleviate parking pressures as a result of rail commuters. This study is anticipated to take a year to complete and Network Rail will be a key partner in this work.

 

Supplementary Question and Answer

 

Councillor Majury thanked the Convener for his answer and asked that the Convener and Officers support an approach to Network Rail.

 

The Convener advised that officers were already in discussions with Network Rail and that he did not foresee any issues if the land was used as intended.

 

 

QUESTION 6

 

QUESTION FROM COUNCILLOR ROSS OXBURGH FOR ANSWER BY THE CONVENER
OF ENVIRONMENT AND HOUSING COMMITTEE AT THE FULL COUNCIL MEETING TO
BE HELD ON THURSDAY 5 DECEMBER 2019.

 

Question

 

Would the Convenor advise what meetings have taken place this year with local cycling groups to discuss the implementation of safe cycling infrastructure in Stirling?

 

Answer

 

Council officers work with various cycling interests through the established Cycle Stirling Group. The group is chaired by Forth Environment Link and includes, Sustrans, Recyke-a- bike, Stirling Area Access Panel, the Cycle Stirling Tourism Group and Cycle Scotland. The group meets quarterly and covers a variety of cycle related matters, including safety, training, active travel promotion as well as providing an engagement forum with key local
stakeholders as part of the development and implementation of active travel infrastructure. Beyond this group a range of stakeholders, community groups are consulted on individual projects. The most prominent of these projects is the Walk, Cycle, Live Stirling programme which will provide new and enhanced active travel routes within the City area over the next 3 years.

 

Supplementary Question and Answer

 

Councillor Oxburgh thanked the Convener for his answer and asked whether other groups had been given an opportunity to express an opinion.

 

The Convener advised that Sustrans were involved and that the proposals would be going out for consultation.

 

 

QUESTION 7

 

QUESTION FROM COUNCILLOR MARTIN EARL FOR ANSWER BY THE CHAIR OF
ADULT SOCIAL CARE PANEL AT THE FULL COUNCIL MEETING TO BE HELD ON
THURSDAY 5 DECEMBER 2019.

 

Question

 

The Care Inspectorate conducted an unannounced inspection of the Ashwood House Care home in Callander at the end of September. Every criteria was assessed as Weak prompting seven serious requirements to be issued and completed by December 31 this year. Would the Convener advise which of these has been addressed to date and what measures are in place to ensure that the remaining ones are met, at the latest, by the date set?

 

Answer

 

The Care Inspectorate and Stirling Council are working together to support the Provider after the most recent Inspection. The Provider is required to address seven key requirements and recommendations as a result of the inspection by 4 December 2019. They have until 8 January 2020 to submit a full improvement plan. In the interim Stirling Council is providing an experienced member of staff to mentor the current Care Home Manager and carry over
audit activity in relation to the environment. Residents are safe and are being monitored by Stirling Council staff.

 

Supplementary Question and Answer

 

Councillor Earl thanked the Chair for her answer and asked whether any of the requirements had yet been met.

 

The Chair advised that she would look into this and get back to Councillor Earl with more detail.

 

 

QUESTION 8

 

QUESTION FROM COUNCILLOR JEREMY MCDONALD FOR ANSWER BY THE
CONVENER OF FINANCE AND ECONOMY COMMITTEE AT THE FULL COUNCIL
MEETING TO BE HELD ON THURSDAY 5 DECEMBER 2019.

 

Question

 

How is the Council working with the community in Callander to explore and develop their climate and community experience sites for the benefit of tourism and education about climate?

 

Answer

 

Council Officers engage regularly with the community in Callander to support projects and initiatives, primarily through the Callander Partnership. The opportunity around developing climate and community experience sites in and around Callander has been raised by the Partnership and officers are working with the group to explore this further.

 

Supplementary Question and Answer

 

Councillor McDonald thanked the Convener for her answer and sought an update on the bridge.

 

The Convener advised that she would look into this and get back to Councillor McDonald with more detail.

Appendix 2

 

MEETING of the STIRLING COUNCIL to be held in the COUNCIL CHAMBERS,
OLD VIEWFORTH, STIRLING on THURSDAY 5 DECEMBER 2019

 

Motion in Terms of Standing Order 39
Information/Advice from Officers

 

1. Volunteering Charter

    

   Through Council’s partnership with Stirlingshire Voluntary Enterprise and Volunteer Scotland, 2020 will see a series of events across Stirling celebrating volunteering and furthering Council’s ambition to see 50% of our citizens engaged in volunteering and Stirling to become a centre of excellence for volunteering in Scotland.

    

   Council recognises the continuing need for the voluntary sector and Trades Union to find common ground which preserves the spirit of volunteering while closing the door on exploitation. In 2012 Council adopted the Scottish Trades Union Congress ‘Charter for
   Strengthening Relations between Paid Staff and Volunteers’ and is therefore pleased to adopt the updated 2019 ‘Volunteering Charter’ and its ten principles which say:

    

   • 1st Principle: Any volunteer activity is a freely made choice of the individual. If there is any compulsion, threat of sanctions or force, then any such activity is not volunteering;

   • 2nd Principle: Volunteers should receive no financial reward for their time however out of pocket expenses should be covered; no one should be prevented from volunteering due to their income;

   • 3rd Principle: Effective structures should be put in place to support, train and develop volunteers and their collaboration with paid workers;

   • 4th Principle: Volunteers and paid workers should be able to carry out their duties in safe, secure and healthy environments that are free from harassment, intimidation, bullying, violence and discrimination;

   • 5th Principle: Volunteers should not carry out duties formerly carried out by paid workers nor should they be used to disguise the effects of non-filled vacancies or cuts in services;

   • 6th Principle: Volunteers should not be used instead of paid workers or undercut their pay and conditions of service nor undertake the work of paid workers during industrial disputes;

   • 7th Principle: Volunteers should not be used to reduce contract costs nor be a replacement for paid workers in competitive tenders or procurement processes;

   • 8th Principle: Volunteers should not be used to bypass minimum wage legislation nor generate profit for owners;

   • 9th Principle: Volunteers and paid workers should be given the opportunity to contribute to the development and monitoring of volunteering policies and procedures, including the need for policies that resolve any issues or conflicts that may arise; and

   • 10th Principle: Volunteer roles should be designed and negotiated around the needs and interests of volunteers, involving organisations and wider stakeholders. Finding legitimacy and avoiding exploitation through consensus depends on mutual trust and respect.

   Answer

    

   Volunteering provides individuals the opportunity to try something new, gain experience, develop skills, build confidence and meet new people. Volunteering can have a positive benefit to both mental and physical health. Stirling Council welcomes and values volunteers and we encourages employees to experience volunteering themselves. It is important to understand clearly, how the volunteering relationship operates alongside paid employees. The ‘Volunteering Charter’ provides a clear framework in which to check that the volunteering opportunity is appropriate. This will help to maintain harmony between the
   different groups – paid employees, trades unions, volunteers and our voluntary sector.

    

2. To appropriately mark the 200th anniversary of the Radical Uprising of 1820

   In the early decades of the 19th century, the working classes of the United Kingdom were exploited by an industrial revolution in full swing and an economic recession caused by financial excesses in the Napoleonic Wars.

    

   Tens of thousands marched in support of reform and in protest at widespread unemployment and rising prices. The Government did not listen to ordinary people and a rage born of hopelessness began to form in the hearts of workers across the country.

    

   In 1819, government forces dispersed by cavalry charge, 80,000 men, women and children who had gathered to demand reform near Manchester at a place that came to be known as Peterloo.

    

   In 1820, an uprising broke out across Scotland’s industrial centre. Addresses were posted in Glasgow, Dumbarton, Paisley and Kilsyth calling for a general strike. Work in factories stopped and a small group of radicals, led by Andrew Hardie and John Baird, marched on the Carron Ironworks to arm themselves.

    

   They were intercepted and defeated at Bonnymuir by Government troops. The strikes collapsed and the war was over. Rather than try to heal the wounds of division, the Government charged Baird and Hardie, along with 86 others, of treason.

    

   On 8th September 1820, Baird and Hardie were executed in public, by hanging, outside of Stirling’s Tolbooth. The Government then made a very public declaration by posthumously beheading both men.

    

   History has taught us that you cannot subdue the will of the working classes and, with passion and diligence, a pardon was secured for both men in 1835. What is in danger of being lost to history are the courageous stories and sacrifices made by the men and women who fought for change in the Radical Uprising of 1820.

    

   Council resolves to mark the 200th anniversary with appropriate cultural and educational events in our schools, libraries and event spaces. Council further resolves to erect an appropriate memorial to ensure the story of Baird and Hardie, and this key moment in an ongoing struggle for workers’ rights and recognition, is appropriately marked. Council
   resolves to request a civic reception to mark the anniversary on 8th September 2020.

    

   Answer

    

   The Radical Uprising of 1820 is a notable event in Stirling’s history. To mark the 200th anniversary, an officer working group, containing officers from Economic Development and Education, has been established and a wide ranging programme of events and activities are being planned. The programme seeks to provide opportunities for residents and visitors of all ages to participate in cultural and educational activity linked to Stirling’s fascinating past.

    

   Any request for a Civic Reception would be passed to the Civic Office for the Provost to consider.

    

3. Council Budget Process

Council notes that the budget forecasts remain challenging for Stirling Council.

 

Council notes that communities and citizens have played an important part of budget setting in previous years.

 

Council believes that citizens and communities should be fully involved in the budget process.

 

Council resolves to instruct the Chief Executive to work with managers and staff to bring forward options to close the budget gap including efficiency savings, service redesign and income generation.

 

These budget options should be published on the Council website on or before 10th January. Furthermore copies of these options should be sent to all Community Councils for consultation.

 

All consultation responses will be made available to all elected members prior to the papers for the Council budget meeting being published.

 

Answer

 

Officers have been working on proposals to address the anticipated budget shortfall for 2020/21, and these will ultimately be considered by all Elected Members at the budget meeting, provisionally planned for 27 February 2020.

 

A report on the Financial Sustainability Model was considered and approved by the Finance & Economy Committee on 13 June 2019, and that report confirmed that the previous practice of presenting lists of cuts to services for public consultation, prior to budget setting, would not form part of the process.

 

Should Council wish to debate this Motion, it would require a two thirds majority, as the date of today’s Council meeting falls within six months of the Finance & Economy Committee meeting.

 

At present, due to delays in the national financial planning processes caused by the UK General Election, the date of confirmation of the Local Government Finance Settlement is currently uncertain, and is certainly well behind the original planned date of mid December. Given the significance of the quantum of government grant to the overall funding of local government services, the impact on the budget gap for 2020/21, and beyond is uncertain. Once this information becomes available, the Chief Finance Officer will issue a briefing to all Elected Members setting out the impact.