Agenda item

With reference to Article 4 of the minute of the meeting of Council of 11 October 2024, the Committee had before it a report by the Chief Officer - Operations which provided an update on the Council decision relating to the Aberdeen City Council (City Centre, Aberdeen) (Traffic Management) (Experimental) Order 2023 and sought an alteration of that decision.

The report recommended:-

that the Committee -

(a)           note that the overall outcome for the city centre intended by the Council decision of 11 October 2024 may not be capable of being achieved in the precise way set out in that decision;

(b)           agree to approve the making of The Aberdeen City Council (City Centre, Aberdeen) (Traffic Management) Experimental Order 2023 as a permanent Order, with continued monitoring in terms of the ongoing City Centre Masterplan; and instruct the Chief Officer - Operations to implement the procedure for the Order to be made permanent;

(c)           instruct the Chief Officer - Operations to commence a statutory consultation on potential removal of the ban on right turns from Union Terrace onto Rosemount Viaduct;

(d)           instruct the Chief Officer – Operations, should there be no objections received during the statutory consultation period, to make an appropriate Traffic Regulation Order giving effect to the removal of the ban on right turns from Union Terrace onto Rosemount Viaduct or to report back to the Net Zero, Environment and Transport Committee if objections are received during the statutory consultation period; and

(e)           agree that the costs of undertaking the physical works to remove the prohibition on the ground, if required and estimated to be approximately £3,000, will be funded from the General Fund Capital Programme contingency budget in 2024/25.

Following an introduction to the report from officers, the Convener advised that the Committee would need to go into private session to consider legal advice.

At this juncture, the press and public were excluded from the meeting in terms of Section 50A(4) of the Local Government (Scotland) Act 1973, so as to avoid disclosure of exempt information of the class described in paragraph 12 of Schedule 7A of the Act.

The Interim Chief Officer - Governance (Legal) advised that the legal landscape was quite complex, however he was happy to provide a summary of the legal opinion, although it would also be made available for inspection on screen for members of the Committee if they wished. Following questions on the procedure, the legal advice was then made available for inspection, which was followed by questions on the legal advice.

The press and public were then readmitted to the meeting.

Councillor Malik moved as a procedural motion, seconded by Councillor Blake:-

That the legal advice be shared in written form with all 45 Councillors.

On a division, there voted:-    for the procedural motion  (3)  -  Councillors Blake, Brooks and Malik; against the procedural motion  (4)  -  Convener; Vice Convener; and Councillors Greig and Radley.

The Committee resolved:-

to reject the procedural motion.

Further questions were then asked in relation to the report, which officers responded to.

The Vice Convener moved, seconded by Councillor Greig:-

That the Committee approve the recommendations contained within the report.

Councillor Malik moved as an amendment, seconded by Councillor Blake:-

          That the Committee -

(1)       agree that the motion moved by the Administration at the Council meeting on 11 October 2024 would have had to meet with certain Standing Order requirements such as Standing Orders 29.3 and 29.8 relating to competency. Agreeing the recommendations from officers at Urgent Business Committee today would suggest a complete failure in governance which has led the SNP and Lib Dems to convene this meeting with officers being forced to use Standing Order 42.2 allowing for an alteration or reversal of a previous decision within 6 months;

(2)       agree that on the day of the Council meeting on 11 October 2024, legal advice was offered to Elected Members but did not address all the legal implications of the Administration’s motion that was approved. Agree that given the recommendations within the report to the Urgent Business Committee, Elected Members must see all legal advice which has brought about these recommendations noting that if Aberdeen Inspired had not raised these matters and the Press and Journal had not run the story on 16 December this matter might not have come to light;

(3)       agree the Monitoring Officer must use the powers  under section 5 of the Local Government and Housing Act 1989 as amended to investigate any unlawful act or any maladministration committed by the Administration and report the findings to Council as soon as possible;

(4)       agree the calling of an Urgent Business Committee meeting shows the gross incompetence of the ruling SNP and Lib Dems who are supposed to be in charge of running the Council. Either the Administration did not know what the law around the ETRO changes required or they did know and concealed it from the Council meeting. Agree they were too busy denying members a copy of the legal advice relating to Bus Gates. Agree at best the Administration is incompetent with serious questions requiring to be answered about the chaotic calamity of a Council Administration that appears to have acted unlawfully on this issue;

(5)       agree to support the many businesses who have been calling for common sense proposals from the Council and therefore instruct the Chief Officer - Operations to abandon the order; and

(6)       note that the Labour Group opinion is that politically there is zero chance of what officers are suggesting coming to fruition with regard to risk of grant funding being reclaimed.  However, in the highly unlikely event of Transport Scotland reclaiming the funding from the Bus Partnership Fund, in whole or part, note the advice of the Chief Officer - Finance is that the capital grant will have to be replaced by borrowing at a cost to the General Fund Revenue Budget of up to approximately £480,000 per annum for the next 30 years, which will increase the budget gap in the Medium Term Financial Strategy from financial year 2025/26.

On a division, there voted:-    for the motion  (4)  -  Convener; Vice Convener; and Councillors Greig and Radley;  for the amendment  (3)  -  Councillors Blake, Brooks and Malik.

The Committee resolved:-

to adopt the motion.

In accordance with Standing Order 32.8, Councillors Blake, Brooks and Malik intimated their dissent against the foregoing decision.