Agenda, decisions and minutes

The persons undermentioned were admitted into the presence of the Council and passed as Burgesses of Guild in respect of their respective Acts of Admission in the Guild Burgess Book:-

            Michael C Head, Librarian, Aberdeen

            Sheila Riddell, Architect, Aberdeen

            Alexander Ewen Donald Innes, Actor, Aberdeen

The Council was requested to determine that the following item of business which contained exempt information as described in Schedule 7(A) of the Local Government (Scotland) Act 1973, be taken in private:-

9(a)     Minute of Meeting of Social Work Complaints Review Committee of 21 January 2016

The Council resolved:-

in terms of Section 50(A)(4) of the Local Government (Scotland) Act 1973, to exclude the press and public from the meeting during consideration of item 9(a) so as to avoid disclosure of exempt information of the class described in paragraph 1 of Schedule 7(A) of the Act.

Three requests for deputation have been received in support of item 8(a) from Unite, GMB and UCATT respectively. These requests are not competent as Standing Order 10(1) states that applications must relate to substantive report on the agenda - therefore Standing Orders will require to be suspended if the Council want to hear the deputations.

(A)       The Council had before it the following requests for deputations relating to item 8(a) on the agenda (Article 18 of this minute refers), and was advised that none of them complied with Standing Order 10(1), which stated that applications must relate to a substantive report on the agenda.

(1)          Unite - Mr Tommy Campbell

(2)          GMB - Mr Kevin Masson

(3)          UCATT - Mr Steven Dillon

The Council resolved:-

(i)           to suspend Standing Order 10(1) to enable the deputations to be heard, and to hear them next; and

(ii)          to request officers to consider the issue of Standing Orders having to be suspended to hear deputations in relation to notices of motion without a substantive report as part of the governance review.

(B)       In terms of Standing Order 10(2), the Council received a deputation from Mr Steven Dillon of UCATT.

Mr Dillon emphasised that the threat from the Trade Union Bill was stark and likened it to a gagging bill, preventing the trade unions from having a political voice. He welcomed the stance taken by COSLA and public authorities throughout Scotland to oppose the removal of the check-off arrangement.

Mr Dillon underlined that all political parties, except for one, understood the role of trade unions and trade union representatives in the workplace, and that the Trade Union Bill had no place in a democratic society and would help to erode positive industrial relations across the country.

Mr Dillon called on the Council for its support and stated that they needed to stand shoulder to shoulder to defeat the proposals.

(C)       The Council then received a deputation from Mr Kevin Masson of GMB.

Mr Masson explained particular requirements that would be placed on the Council as a result of the Trade Union Bill, for example it would be required to publish the cost of time off for trade union representatives and a breakdown of what facility time was used for. He added that the Council would no longer be able to offer its staff the ability to pay for trade union membership directly from their salary.

Mr Masson advised that the Trade Union Bill would require a certification officer to be appointed who would be given powers to investigate trade unions even if there had not been any complaints. The certification officer would have the ability to fine trade unions up to £20,000, and the cost of the post would be charged to trade unions.

Mr Masson added that the Trade Union Bill proposed that trade union ballots would need to have a minimum turnout of 50%, and a minimum of 40% of the total membership needed to vote in favour of a course of action in order for it to be lawful. He advised that employers would be able to break strikes by bringing in agency workers, and 14 days notice would need to be given for industrial action, as opposed to the current requirement of 7 days. He emphasised that all of these proposals would reduce the  ...  view the full minutes text for item 3.

The Council had before it the minute of meeting of Aberdeen City Council of 16 December 2015.

The Council resolved:-

to approve the minute.

The Council had before it the minute of meeting of the Urgent Business Committee of 6 January 2016.

The Council resolved:-

to approve the minute.

The Council had before it a statement of Council business.

The Council resolved:-

to note the business statement.

The Council had before it a list of outstanding motions.

The Council resolved:-

to note the motions list.

The Council had before it the minute of meeting of the Appointment Panel of 13 January 2016.

The Council resolved:-

to approve the minute.

The Council had before it a report by the Chief Executive which advised of proposed changes to previously agreed appointments, as well as new appointments.

The report recommended:-

that the Council -

(a)          approve the appointment of Councillor Flynn as one of the Council’s three representatives on the Management Board of the Strategic Mixed Tenure Housing for Aberdeen City Limited Liability Partnership (LLP), noting that the name of the LLP would be confirmed in due course;

(b)          approve the appointment of Councillor Laing as the Council’s representative on the Board of ONE as a director of the company;

(c)          approve the appointment of Councillor Hutchison as a substitute member of the Grampian Valuation Joint Board in place of Councillor Corall; and

(d)          approve the appointment of Councillor Donnelly as a representative on the Board of Sport Aberdeen in place of Councillor Boulton.

The Council resolved:-

(i)           to approve the recommendations; and

(ii)          to approve the appointment of Councillor Reynolds as a member of the Taxi Consultation Group in place of Councillor Boulton.

The Council had before it a report by the Chief Executive which presented the written decision by the Standards Commission for Scotland following a hearing held on 12 January 2016.

The report recommended:-

that the Council -

(a)          consider the content of the written decision and note the sanction made by the Standards Commission for Scotland; and

(b)          instruct the Head of Legal and Democratic Services to issue a reminder to all members of the importance of due care and consideration when handling information that is of a confidential, exempt or data protected nature.

The Council resolved:-

to approve the recommendations.

The Council had before it a report by the Chief Executive which sought permission to approach the Scottish Government to confirm the suspension of the operation of the Aberdeen City Council Drinking in Public Places Byelaw 2009, to permit the responsible consumption of alcohol within the boundaries of the main grass area of Duthie Park for BP Big Screens, Verdi’s Il Trovatore on 14 July 2016.

The report recommended:-

that the Council -

(a)          instruct the Head of Legal and Democratic Services to carry out the necessary advertising of the proposed suspension; and

(b)          instruct the Head of Legal and Democratic Services to request confirmation from the Scottish Government that the Aberdeen City Council Drinking in Public Places Byelaw 2009 be suspended within the boundaries of the Duthie Park on 14 July 2016 from 1800 to 2300 hours.

The Council resolved:-

to approve the recommendations.

With reference to Article 9 of the minute of meeting of the Finance, Policy and Resources Committee of 16  February 2016, the Council had before it, by way of remit, a report by the Interim Director of Corporate Governance which outlined the Treasury Management Policy and Strategy for 2016/17 to 2018/19 for approval.

The Finance, Policy and Resources Committee recommended:-

that the Council -

(a)          consider and approve the Council’s Treasury Management Policy Statement for 2016/17 to 2018/19 as detailed at appendix 1;

(b)          consider and approve the Council’s Borrowing and Investment Strategy for 2016/17 to 2018/19 as detailed at appendix 2;

(c)          consider and approve the Counterparty list as detailed at appendix 3;

(d)          note the Council’s proposed Prudential Indicators for 2016/17 to 2020/21 as detailed at appendix 4; and

(e)          note the progress against the actions from the recent Audit Scotland report on Borrowing and Treasury Management in Councils as detailed at appendix 5.

The Council resolved:-

to approve the recommendations.

MATTER OF URGENCY

The Lord Provost intimated that he had directed in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, that the following item be considered as a matter of urgency as the Integration Joint Board for Health and Social Care was due to go live on 1 April 2016.

The Council had before it a report by the Interim Director of Corporate Governance which summarised the statutory powers to be delegated by the Council and NHS Grampian to the Integration Joint Board (IJB) for Health and Social Care effective from 1 April 2016.

The report recommended:-

that the Council -

(a)          note the powers being delegated under legislation;

(b)          note the total budget to be delegated to the IJB for Health and Social Care of £88.157million; and

(c)          authorise the Chief Officer to facilitate and implement any directions issued by the IJB.

The Council resolved:-

(i)           to approve the recommendations; and

(ii)          to instruct the Chief Executive to provide an update report to members on matters relating to the IJB that she considers to be of interest to them at the Council meetings of 17 August and 14 December 2016 and quarterly thereafter, such reports including financial monitoring information in relation to the IJB.

MATTER OF URGENCY

The Lord Provost intimated that he had directed in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, that the following item be considered as a matter of urgency due to the imminent deadline for submission for voting in the ballot.

DECLARATIONS OF INTERESTS

Councillor Grant declared an interest in the following item of business by virtue of his employment by Aberdeen Inspired. Councillor Grant considered that the nature of his interest required him to leave the meeting and took no part in the Council’s deliberations thereon.

Councillor Laing also declared an interest by virtue of her position as a Council appointed member of the Board of Aberdeen Inspired. Councillor Laing considered that the nature of her interest required her to leave the meeting and took no part in the Council’s deliberations thereon.

The Council had before it a report by the Director of Communities, Housing and Infrastructure which provided an update on the progress of Aberdeen Inspired, the Business Improvement District (BID) for the city, and sought a decision in terms of the Council’s voting intentions.

The report recommended:-

that the Council vote to renew the Aberdeen BID for a five year second term.

The Council resolved:-

to approve the recommendation.

MATTER OF URGENCY

The Lord Provost intimated that he had directed in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, that the following item be considered as a matter of urgency in order to comply with the decision of Council at its meeting of 16 December 2015.

With reference to Article 19 of the minute of its meeting of 16 December 2015, the Council had before it a report by the Director of Communities, Housing and Infrastructure which advised of progress to date on the various instructions of Council relating to the transport implications of a number of the City Centre Masterplan projects.

The report recommended:-

that the Council -

(a)          note the content of the report;

(b)          agree the designs as detailed in the report for options for Broad Street for public consultation;

(c)          agree the time and format of the public consultation;

(d)          agree the timeline of reporting relating to the wider transportation implications of the City Centre Masterplan;

(e)          instruct officers to report back to the Council in May 2016 on the outcomes of the Broad Street options public consultation; and

(f)           instruct officers to report back to the Council in May 2016 on the outcomes of the wider transportation assessment of the City Centre Masterplan.

Councillor Laing moved, seconded by Councillor Taylor:-

            That the Council -

(1)      note the proactive approach taken by the Council at each stage of the Marischal Square development including extensive public consultation before the submission of a planning application, which included scheduled events at Aberdeen Art Gallery and a consultation bus at six locations throughout the city;

(2)      note that after extensive public and stakeholder consultation with more than 4,000 people living and working in Aberdeen, BDP delivered a Masterplan and Delivery Programme which the Council unanimously agreed at its meeting on 24 June 2015;

(3)      note that the objectives of the Masterplan and Delivery Programme were detailed as being: to create a bold vision with respect to the continued development of Aberdeen as a vibrant, attractive, prosperous, sustainable and smart 21^st century energy city of international repute; and produce an innovative, ambitious, and distinctive design proposal for the heart of Aberdeen that will act as a key transformational agent for the city, which integrates with the broader framework for the centre, embeds the principles of sustainability and which has sufficient flexibility to provide long-term relevance; and

(4)      approve the recommendations contained within the report.

Councillor Boulton moved as an amendment, seconded by Councillor Thomson:-

            That the Council -

(1)      note the content of the report, and thank officers for their efforts in bringing forward the report;

(2)      instruct officers to remit the designs as detailed in the report for options for Broad Street to the wider transport implications of the City Centre Masterplan assessment to ensure full details and implications of all options are available prior to going out to public consultation; and

(3)      instruct officers to report back to Council with the full assessment in May 2016.

On a division, there voted:-

For the motion  (17)  -  Lord Provost; and Councillors Allan, Carle, Cooney, Crockett, Lesley Dunbar, Graham, Grant, Ironside, Laing, Lawrence, Malik, Milne, Jean Morrison, Nathan Morrison, Taylor and Young.

For the amendment  (26)  -  Depute Provost; and Councillors Boulton, Cameron, Copland, Corall,  ...  view the full minutes text for item 15.

MATTER OF URGENCY

The Lord Provost intimated that he had directed in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, that the following item be considered as a matter of urgency at the request of the Finance, Policy and Resources Committee.

With reference to Article 13 of the minute of meeting of the Finance, Policy and Resources Committee of 16 February 2016, the Council had before it a report by the Chief Executive which presented an application for financial assistance from the International Twinning Budget 2016/17.

The report recommended:-

that the Council approve the following grant from the International Twinning Budget 2016/17:

·         a contribution of £7,000 towards an arts in healthcare project between organisations in Aberdeen and Bulawayo, March to October 2016.

The Council resolved:-

to refer the report to the next meeting of the Bulawayo Trust for further consideration with a view to a decision being taken at the meeting of the Finance, Policy and Resources Committee on 19 April 2016.

MATTER OF URGENCY

The Lord Provost intimated that he had directed in terms of Section 50(B)(4)(b) of the Local Government (Scotland) Act 1973, that the following item be considered as a matter of urgency at the request of the Finance, Policy and Resources Committee.

The Council had before it a report by the Interim Director of Corporate Governance which explored how additional powers devolved from the Scottish Government to the Council could be used to facilitate delivery of the Council’s priorities and contribute to the delivery of the Regional Economic Strategy.

The report recommended:-

that the Council -

(a)          note the content of the report; and

(b)          instruct the Head of Economic Development to provide an ‘options appraisal’ of the devolution of existing and proposed (via the Scotland Bill) powers and the different levers that could be available to the Council.

The Council resolved:-

to approve the recommendations subject to (b) being reported to the Council meeting on 17 August 2016.

DECLARATIONS OF INTERESTS

Councillors Allan, Carle, Cooney, Crockett, Graham, Grant, Ironside, Kiddie, Laing, Lawrence, Malik, Milne, Jean Morrison, Nathan Morrison, Taylor, Young and Yuill each declared interests in the following item of business by virtue of their membership, or former membership, of a trade union. None of the respective Councillors considered that the nature of their interest required them to leave the meeting.

“Council notes the Conservative Government is proposing a Trade Union Bill that will restrict the ability of this Council to engage in good industrial relations practices with our workforce and their representatives.

Council believes the collection of union dues through the check-off arrangement, from which the Council receives income, is part of the Council’s collective and contractual arrangements with the trades unions, which the Council will defend and support.

Council commits not to use agency staff to break or weaken industrial action and to continue to support arrangements that afford trade union representatives sufficient resources to enable them to carry out their functions to ensure the continuation of good industrial relations.

Council instructs the Chief Executive to write to the Secretary of State for Business, Innovation and Skills stating the Council’s opposition to this Bill and any attacks on facility time or check off.”

The Council had before it the following notice of motion by Councillor Laing:-

            “Council notes the Conservative Government is proposing a Trade Union Bill that will restrict the ability of this Council to engage in good industrial relations practices with our workforce and their representatives.

Council believes the collection of union dues through the check-off arrangement, from which the Council receives income, is part of the Council’s collective and contractual arrangements with the trades unions, which the Council will defend and support.

Council commits not to use agency staff to break or weaken industrial action and to continue to support arrangements that afford trade union representatives sufficient resources to enable them to carry out their functions to ensure the continuation of good industrial relations.

Council instructs the Chief Executive to write to the Secretary of State for Business, Innovation and Skills stating the Council’s opposition to this Bill and any attacks on facility time or check off.”

The Council also had before it the following notice of motion by Councillor Jackie Dunbar:-

            “Council values the excellent and mutually respectful working relationship which it has with both the workforce and their Trade Unions.

Council considers this positive relationship to be one which benefits both workers and the city alike and respects the need for Trade Union representatives to use facility time to conduct their legitimate business. Council supports the collection of dues through the check-off arrangement, from which the Council receives income, and defends these Trade Union arrangements.

Council believes that the Trade Union Bill, proposed by the current Conservative UK Government, but not yet law, will restrict the ability of this Council to engage in good industrial relations practices with our workforce and their Trade Union representatives.

Council commits not to use agency staff to break or weaken industrial action in relation to this matter, requests the Council Leader to write to the Secretary of State for Business, Innovation and Skills stating the Council’s opposition to this Bill and our resolve not to willingly co-operate with any attacks on facility time or check-off and to demand that the income which will be lost to the Council, should this draconian bill be passed, is reimbursed.”

Councillor Laing intimated that she had spoken with Councillor Jackie Dunbar and they had agreed to put forward a joint notice of motion in the following terms:-

“Council notes the Conservative Government is proposing a Trade Union Bill that will restrict the ability of this Council to engage in good industrial relations practices with our workforce and their representatives.

Council believes the collection of union dues through the check-off arrangement, from which the Council receives income, is part of the Council’s collective and contractual arrangements with the trades unions, which the Council will defend and support.

Council commits not to use agency staff to break or weaken industrial action and to continue to support arrangements that afford trade union representatives sufficient resources to enable them to carry out their functions to ensure the continuation of good  ...  view the full minutes text for item 18.

“That officers identify and implement a system of work whereby areas currently identified in the Local Development Plan for development are circulated to the Directorates of the Council with a view to them identifying and commenting on possible developer obligations those Directorates consider may be appropriate or may become appropriate should any request be received from a developer to progress a specific development.

Instruct senior officers in Aberdeen City Council Directorates to keep under review possible planning obligations that may be sought from a developer should an area identified in the Local Development Plan as suitable for development be progressed.”

The Council had before it the following notice of motion by Councillor Nicoll:-

“That officers identify and implement a system of work whereby areas currently identified in the Local Development Plan for development are circulated to the Directorates of the Council with a view to them identifying and commenting on possible developer obligations those Directorates consider may be appropriate or may become appropriate should any request be received from a developer to progress a specific development.

Instruct senior officers in Aberdeen City Council Directorates to keep under review possible planning obligations that may be sought from a developer should an area identified in the Local Development Plan as suitable for development be progressed.”

The Council resolved:-

to refer the motion to the meeting of the Communities, Housing and Infrastructure Committee on 17 May 2016.

DECLARATION OF INTEREST

Councillor Laing declared an interest in the following item of business by virtue of her position as a Council appointed member of the University of Aberdeen University Court. Councillor Laing considered that the nature of her interest required her to leave the meeting and took no part in the Council’s deliberations thereon.

“Council notes that Aberdeen is home to two award winning and world class universities in the University of Aberdeen and Robert Gordon University. Both universities offer outstanding opportunities for graduate employment.

Recognises that Aberdeen University is internationally renowned for its world leading research capability including a strong track record in bio and life sciences. Further that Robert Gordon University has achieved international recognition for delivering quality professional education and has a track record of fostering innovation and enterprise.

Notes that the SNP Scottish Government is intent with pressing ahead with damaging university reforms as part of the Higher education Governance Bill which will politicise and undermine the effective working of our higher education institutions.

Council further notes that Jennifer Craw, Chair of the Board at Robert Gordon University, and Moir Lockhead, Senior Governor at the University of Aberdeen, have joined 16 other Scottish University chairs in writing an open letter to the Scottish Government warning them of the most serious consequences of the Bill.

Council believes that this open letter is a significant intervention by some of the most high profile and respected figures in the worlds of law, media, education, banking, religion, business, health and government.

Council agrees that the proposed changes will “reverse the excellent progress that has been made towards achieving equality and diversity” within the very important role of chairing a governing body.

Agrees that the Scottish Government has still produced no evidence to support why it considers the bill to be necessary and, at the same time, it has dismissed all the evidence from those in the sector who would be asked to deliver the changes.

Council instructs the Chief Executive to write to the Cabinet Secretary for Education and Lifelong Learning stating the Council’s opposition to the Scottish Government’s proposal to introduce new elected chairs of University courts further stating that instead of a one size fits all approach Ministers should respect the autonomy and diversity of the sector.”

The Council had before it the following notice of motion by Councillor Thomson:-

“Council notes that Aberdeen is home to two award winning and world class universities in the University of Aberdeen and Robert Gordon University. Both universities offer outstanding opportunities for graduate employment.

Recognises that Aberdeen University is internationally renowned for its world leading research capability including a strong track record in bio and life sciences. Further that Robert Gordon University has achieved international recognition for delivering quality professional education and has a track record of fostering innovation and enterprise.

Notes that the SNP Scottish Government is intent with pressing ahead with damaging university reforms as part of the Higher education Governance Bill which will politicise and undermine the effective working of our higher education institutions.

Council further notes that Jennifer Craw, Chair of the Board at Robert Gordon University, and Moir Lockhead, Senior Governor at the University of Aberdeen, have joined 16 other Scottish University chairs in writing an open letter to the Scottish Government warning them of the most serious consequences of the Bill.

Council believes that this open letter is a significant intervention by some of the most high profile and respected figures in the worlds of law, media, education, banking, religion, business, health and government.

Council agrees that the proposed changes will “reverse the excellent progress that has been made towards achieving equality and diversity” within the very important role of chairing a governing body.

Agrees that the Scottish Government has still produced no evidence to support why it considers the bill to be necessary and, at the same time, it has dismissed all the evidence from those in the sector who would be asked to deliver the changes.

Council instructs the Chief Executive to write to the Cabinet Secretary for Education and Lifelong Learning stating the Council’s opposition to the Scottish Government’s proposal to introduce new elected chairs of University courts further stating that instead of a one size fits all approach Ministers should respect the autonomy and diversity of the sector.”

Councillor Thomson moved, seconded by Councillor Young:-

            That the Council approve the terms of the motion.

Councillor Flynn moved as an amendment, seconded by Councillor Dickson:-

That the Council take no action on this matter.

On a division, there voted:-

For the motion  (23)  -  Lord Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Delaney, Donnelly, Lesley Dunbar, Finlayson, Graham, Grant, Greig, Ironside, Lawrence, Malone, Milne, Jean Morrison, Jennifer Stewart, Taylor, Thomson, Young and Yuill.

For the amendment  (16)  -  Councillors Cameron, Copland, Corall, Cormie, Dickson, Jackie Dunbar, Flynn, Hutchison, Jaffrey, Kiddie, MacGregor, Nicoll, Noble, Samarai, Sandy Stuart and Townson.

Absent from the division  (4)  -  Depute Provost; and Councillors Laing, Malik and Nathan Morrison.

The Council resolved:-

to adopt the motion.

The Council had before it the minute of meeting of the Social Work Complaints Review Committee of 21 January 2016, and a foreword by the Director of Education and Children’s Services which set out the actions to be taken to respond to the recommendations.

The Council resolved:-

(i)           to approve the recommendations; and

(ii)          otherwise to note the Director of Education and Children’s Services comments in the foreword.

- GEORGE ADAM, Lord Provost.