Agenda item

The Committee had before it the following Notice of Motion in the name of Councillor Tissera:-

That the Committee:

(a)            note the decision of the Council on 14 December 2022 regarding Statutory Services;

(b)            note that a response to Unison’s questions was due to be circulated in January and requests that the response be placed before the Staff Governance Committee for further consideration;

(c)            agree that it is in the public interest, that answers to the 12 questions asked by UNISON were considered at this Committee which as part of its remit seeks to maintain good relationships and model a partnership approach between the Council and trade unions; provide a decision-making forum, for the resolution of staffing matters that cannot be resolved through normal processes including but not restricted to conditions of service.

1.          Does the Council hold independent legal advice that supports the view that it is within the statutory competence of a local authority to seek to offload its statutory powers and duties? Will it publish such advice?

2.          Does the Council hold independent legal advice that supports the view that it is within the statutory competence of a local authority to seek to offload its statutory powers and duties without having due regard to sustainability and the equal opportunity requirements? Will it publish such advice?

3.          Will the Council publish a list of the agencies identified as possible transfer partners?

4.          Will the Council publish the criteria used to make that initial assessment of possible transfer partners and publish any written assessment of the merits of each proposed transfer?

5.          Has the Council consulted, formally or informally, with possible transfer agencies? If so, will the Council publish the findings of that consultation?

6.          In assessing the suitability of proposed transfer partners, did the Council assess the capacity of the transfer partner to assume the role of duty bearer in relation to statutory obligations such as equality, human rights, Fairer Scotland Duty, environmental sustainability and climate change?

7.          Has the Council consulted, formally or informally, with Scottish Government? If so, will the Council publish the notes, correspondence or findings of that engagement?

8.          Has the Council consulted, formally or informally, with local government partners, SOLACE or CoSLA? If so, will the Council publish the notes, correspondence, or findings of that engagement?

9.          Has the Council assessed the beneficial impact of local democratic control and accountability to the function under review and will the Council publish the findings of that assessment of local democracy for each individual activity?

10.      Will the Council agree to engage with each of the statutory bodies tasked with promoting equality, human rights, socio-economic justice and environmental sustainability and act on any guidance they provide as to how to proceed?

11.      Is there any document or information held by the Council that indicates in broad terms how such transfers are intended to generate a saving and the broad scale of the saving the council anticipates?

12.      Does the Council hold any information that tends to indicate the basis on which any financial benefit will accrue to the Council and not transfer to the partner agency for the benefit of the continuing statutory function?

Councillor Tissera was in attendance and spoke to her Notice of Motion.

At this juncture, Councillor Tissera requested that she be permitted to add the following to her Notice of Motion:-

(d)            agrees that if Council wants to pursue the removal of Statutory Functions from local authorities it does so direct with COSLA as opposed to our Scottish Government.

In terms of Standing Order 12.17, the Convener ruled that he did not consider this to be a minor amendment and therefore did not agree to the wording being added to Councillor Tissera’s Notice of Motion.

Councillor Tissera, seconded by Councillor Graham, moved her original Notice of Motion.

The Convener, seconded by the Vice Convener, moved as an amendment:-

That the Committee:-

(a)      note that officers had provided Trade Unions with answers to the questions raised and that these had also been circulated to all Elected Members for information;

(b)      note that the Council meeting in December 2022 only instructed the Chief Executive and Interim Chief Officer – Governance to discuss with the Scottish Government any opportunities to transfer functions through legislative change, and therefore agree that it was premature to discuss the matter further at this time, as there was nothing further to be reported at present;

(c)      agree therefore that no action be taken in relation to the Notice of Motion, but that officers continue to engage with Trade Unions, particularly in relation to any outcomes from discussions with the Scottish Government, ahead of any report back to Council on any specific opportunities proposed to be progressed; and

(d)      note the ongoing commitment of COSLA and the Scottish Government to the local governance review which was exploring fiscal, functional and community empowerment.

On a division, there voted:- for the motion (3) - Councillors Graham, Macdonald and Thomson; for the amendment (7) – the Convener; the Vice Convener; and Councillors Davidson, Fairfull, MacGregor, McLellan and Radley; declined to vote (3) – Councillors Boulton, Massey and McLeod.

The Committee resolved:-

to adopt the amendment.