Agenda item

The Committee had before it a report by the Interim Director of Communities, Housing and Infrastructure which provided the Management response to the review undertaken by the Corporate Investigation Team (CIT) into the circumstances surrounding the Wellington Brae project.

The Interim Director of Communities, Housing and Infrastructure introduced the report and explained the different sections within the Investigation report and the management response to each of the recommendations.

The report recommended:-

That the Committee -

(a)       notes the Investigation Report and recommendations; and

(b)       notes the Management response to the recommendations of the investigation report.

At the start of the meeting, Councillors, the press and public were provided with a redacted version of the confidential appendix.

The Convener proceeded through Appendix 1 and the redacted version of Appendix 2 page by page allowing members to raise questions.  Councillors raised various concerns on the circumstances surrounding Wellington Brae.  Councillors also acknowledged that there was an ongoing management investigation.

During the discussion, the Convener proposed that the Committee suspend Standing Order 37.2 (Length of Meetings) to enable the meeting to continue beyond four hours.  The Committee agreed unanimously to suspend Standing Order 37.2 and continue with the meeting.

At this stage in the proceedings, the Committee went into private session and the press and the public left the meeting.

Councillors asked various questions in relation to the confidential appendix and requested information relating to the background to the Wellington Brae incident from the initial storm damage in December 2015 to the closure of the path in February 2016.  They also asked whether a draft report was ever issued to a Council Committee in relation to Wellington Brae.

The Committee resolved:-

to request the Interim Director of Communities, Housing and Infrastructure to provide a response to the Committee relating to the background of the Wellington Brae incident between December 2015 and February 2016 and also to advise whether a draft report on Wellington Brae was ever issued to Committee.

At this stage in the proceedings, the Committee returned to public session.

The Convener moved, seconded by Councillor Nicoll:-

That the Committee -

(a)       approve the recommendations contained in the report;

(b)       instructs the Director of Communities, Housing & infrastructure to report back to the Audit, Risk and Scrutiny Committee at a future date to provide evidence of how the wider Service Review of the Planning and Sustainable Development Service referred to in paragraph 3.8.5 is taking full account of the need to implement additional safeguards to ensure that any debatable land ownership and contract procurement issues are appropriately escalated, resolved and recorded; and

(c)        requests that the report be issued to Audit Scotland for their consideration.

Councillor Lumsden moved as an amendment, seconded by Councillor Donnelly:-

That the Committee -

(a)       note the Investigation Report and Recommendations and in particular in the Recommendations section of Appendix 1 paragraphs 6.18 (“Sustrans funding would have been made available irrespective of who owned the affected land…”); 4.64 (“… it seems obvious that emergency work was undertaken as there was an immediate and identifiable health and safety risk…”); 4.67 (“It was appropriate for Councillor Young to seek advice from the Monitoring Officer in order to address any perception that he was conflicted in his interests”); 4.68 (“The Monitoring Officer has stated that based on the information available to him at the time, Councillor Young did not require to declare a conflict of interest because he had not been asked to make a decision as a Councillor on the works or the grant, but rather to provide his consent as a landowner.”); and paragraph 7.9 (“Councillor Young’s actions did not contravene the ICT Acceptable Use Policy as the emails did not concern any confidential information, were not protectively marked, and had been addressed to Councillor Young”);

(b)       to note the Management Response to the recommendations of the Investigation Report;

(c)        instructs the Director of Communities, Housing & infrastructure to report back to the Audit, Risk and Scrutiny Committee at a future date to provide evidence of how the wider Service Review of the Planning and Sustainable Development Service referred to in paragraph 3.8.5 is taking full account of the need to implement additional safeguards to ensure that any debatable land ownership and contract procurement issues are appropriately escalated, resolved and recorded;

(d)       instructs the Chief Executive on behalf of Aberdeen City Council to apologise to former councillor Young for the failure to follow council policy and procedure detailed in Appendix 1 which placed him in a vulnerable position; and

(e)       requests that the report be issued to Audit Scotland for their consideration.

On a division, there voted:-

For the motion (8) – the Convener, the Vice Convener and Councillors Allard, Cooke, McRae, McLellan, Nicoll and Townson.

For the amendment (9) – Councillors Crockett, Bell, Donnelly, Duncan, Graham, Grant, Lumsden, Avril MacKenzie, and Sellar

The Committee resolved:-

to adopt the amendment.