Agenda item

With reference to Article 9 of the minute of its meeting of 24 August 2022, the Council had before it a report by the Director of Commissioning which provided an update on discussions with the Scottish Government and COSLA and latest developments on the establishment of buffer zones and the gathering of evidence to support either a buffer zone or a byelaw.

The report recommended:-

that the Council -

(a)           note the ongoing initiatives and the evidence gathered to date; and

(b)           instruct the Interim Chief Officer - Governance to continue to liaise with the Scottish Government and COSLA and provide a service update on the outcome of the Supreme Court Decision.

The Interim Chief Officer - Governance advised the Council that since publication of the report, the judgement of the Supreme Court on the Northern Ireland Bill had been received. The Interim Chief Officer - Governance advised that she would be seeking approval of the same recommendations within the report, with a service update to be provided once officers had been able to review the judgement in full. She advised that notwithstanding the Supreme Court decision, there was insufficient evidence to implement a local byelaw for buffer zones and the risk of legal and financial challenge of doing so in Aberdeen was high. However, she added, the Scottish Government was proceeding with a view to implementing similar legislation, therefore supporting the national approach would ensure a consistent approach across the whole of Scotland, rather than individual Councils implementing different byelaws.

At this juncture, Councillor Yuill advised that he had a connection in relation to the matter by virtue of his appointment by the Council to the Board of NHS Grampian, however having applied the objective test he did not consider that he had an interest and would not be withdrawing from the meeting.

Councillor Houghton advised that he also had a connection in relation to the matter as his partner was a doctor with NHS Grampian, however having applied the objective test he did not consider that he had an interest and would not be withdrawing from the meeting.

Councillor Radley moved, seconded by Councillor Greig:-

That the Council approve the recommendations contained within the report.

Councillor Tissera moved as an amendment, seconded by Councillor Farquhar:-

          That the Council -

Notes the unanimous judgement from the UK’s highest Court relating to buffer zones in Northern Ireland.

Notes that at a specially requisitioned meeting on 13 July 2022, the Council resolved to instruct the Chief Officer - Governance to liaise with the Scottish Government and COSLA to explore options to establish protest-free buffer zones including but not limited to potentially implementing a local byelaw.

Agrees the judgement from the Supreme Court is a positive affirmation of women and girls, rights to protection from harassment when accessing these services. Agrees to continue to lobby the Scottish government to introduce Scottish Buffer Zone legislation at pace.

Agrees to instruct the Chief Officer - Governance to gather evidence necessary for a byelaw and bring forward a report to the next Council meeting in February with a form of words for a proposed byelaw, in order for Council to agree or otherwise and thereafter seek Scottish Government consent to introduce a byelaw.

On a division, there voted:-

For the motion  (25)  -  Lord Provost; Depute Provost; and Councillors Al-Samarai, Allard, Alphonse, Bouse, Hazel Cameron, Clark, Cooke, Copland, Cormie, Davidson, Fairfull, Greig, Henrickson, Hutchison, MacGregor, McLellan, McRae, Massey, Mennie, Nicoll, Radley, van Sweeden and Yuill.

For the amendment  (18)  -  Councillors Ali, Blake, Bonsell, Boulton, Brooks, Crockett, Cross, Farquhar, Graham, Grant, Houghton, Kusznir, Macdonald, McLeod, Malik, Thomson, Tissera and Watson.

Declined to vote  (1)  -  Councillor Stewart.

The Council resolved:-

to adopt the motion.