Agenda item

With reference to Article 26 of the minute of its meeting of 26 June 2013, the Council had before it a report by the Chief Executive which presented the response received from Sir Peter Housden, Permanent Secretary to the Scottish Government, following his receipt of the letter from the Chief Executive in the terms of the motion agreed by Council.

The report recommended:-

that the Council consider the response received from the Permanent Secretary and decide how it wished to proceed.

Councillor Crockett moved, seconded by Councillor Thomson:-

            That the Council -

(1)          note the reply received from the Permanent Secretary in which he stated that he had seen sight of the First Minister’s response to the Chief Executive, which included reference to the Council’s complaint to the Permanent Secretary. To note with astonishment that the First Minister responded to the Chief Executive seemingly on behalf of the Permanent Secretary and note that the First Minister was allowed to write his own response to the formal complaint made to the Permanent Secretary. Indeed, it appeared that the Permanent Secretary had failed to investigate the complaint made, with no indication of an investigation, nor that any follow-up had taken place. The Permanent Secretary made no further contact with the Chief Executive prior to sending his response;

(2)          agree that the situation had escalated since the Chief Executive first wrote her letters to the Permanent Secretary as the First Minister was on record as saying that his visit to Bramble Brae School was “impromptu and not pre-planned”. Given that the SNP issued a calling notice stating that the First Minister would be in attendance at the school and that there would be an opportunity for interviews and photographs, it would appear that the First Minister may have deliberately misled the Permanent Secretary on this matter;

(3)          therefore instruct the Chief Executive to write to Sir Bob Kerslake, Head of the Home Civil Service, calling on him to carry out an investigation into the events which led to the complaint being sent to the Permanent Secretary to the Scottish Government, to establish whether or not the Ministerial Code was broken, whether or not there was an appropriate investigation undertaken by the Permanent Secretary, and whether or not the complaint was managed in an appropriate and suitable way; and

(4)          instruct the Chief Executive to report back to the Council on the response received from the Head of the Home Civil Service in order that the Council may determine its position on the matter.

Councillor Yuill moved as an amendment, seconded by Councillor Jennifer Stewart:-

            That the Council -

(1)               agree that the First Minister’s conduct in undertaking an unauthorised visit to Bramble Brae School was inappropriate and a breach of protocol; and

(2)               instruct the Director of Education, Culture and Sport to report on the findings of the Council investigation into this incident, and actions arising from that investigation, to the next meeting of the Education, Culture and Sport Committee.

Councillor McCaig moved as a further amendment, seconded by Councillor Jackie Dunbar:-          

            That the Council take no action in respect of the matter.

There being a motion and two amendments, in terms of Standing Order 12(9) the Council first divided between the motion and the amendment by Councillor McCaig.

On a division, there voted:-

For the motion  (22)  -  Lord Provost; Depute Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Donnelly, Lesley Dunbar, Finlayson, Forsyth, Graham, Grant, Ironside, Laing, Lawrence, Malik, Milne, Jean Morrison, Taylor, Thomson and Young.

For the amendment by Councillor McCaig  (12)  -  Councillors Cameron, Dickson, Jackie Dunbar, Jaffrey, Kiddie, MacGregor, McCaig, May, Noble, Samarai, Sandy Stuart and Townson.

Declined to vote  (5)  -  Councillors Delaney, Greig, Malone, Jennifer Stewart and Yuill.

The Council then divided between the motion and the amendment by Councillor Yuill.

On a division, there voted:-

For the motion  (22)  -  Lord Provost; Depute Provost; and Councillors Allan, Boulton, Carle, Cooney, Crockett, Donnelly, Lesley Dunbar, Finlayson, Forsyth, Graham, Grant, Ironside, Laing, Lawrence, Malik, Milne, Jean Morrison, Taylor, Thomson and Young.

For the amendment by Councillor Yuill  (5)  -  Councillors Delaney, Greig, Malone, Jennifer Stewart and Yuill.

Declined to vote  (12)  -  Councillors Cameron, Dickson, Jackie Dunbar, Jaffrey, Kiddie, MacGregor, McCaig, May, Noble, Samarai, Sandy Stuart and Townson.

The Council resolved:-

to adopt the motion.