Policy And Resources Committee - 27/10/2014

At a MEETING of the POLICY AND RESOURCES COMMITTEE held at Dundee on 27th October, 2014.

Present:-

BAILIES

COUNCILLORS

Councillor Ken GUILD, Convener, in the Chair.

The minute of meeting of this Committee of 8th September, 2014 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

No declaration of interests were made.

II EXPLOSIVES REGULATIONS 2014 - ISSUING OF LICENCES

There was submitted Agenda Note AN228-2014 intimating that the Explosives Regulations 2014 came into force on 1st October, 2014 and required retailers who intended to store explosives, including fireworks, to apply to Dundee City Council for a licence to do so. Prior to 1st October, 2014, retailers were only required to register with the Council to store explosives.

The introduction of the new Explosives Regulations 2014 required Dundee City Council's Standing Orders to be amended in order to either remit applications to the Licensing Committee or authorise officers from Trading Standards to issue such licences and attach conditions as necessary.

Given the timescales involved, authorisation was requested to allow Trading Standards Officers to issue licences for the year 2014/2015 and thereafter a report would be submitted to the Licensing Committee regarding the process to be followed in subsequent years.

It was noted that the above proposals had been approved by the Chief Executive in consultation with the Convener of the Policy and Resources Committee, the Opposition Group spokesperson, Bailie Borthwick, Bailie Scott and Councillor Macpherson.

The Committee noted accordingly.

III DUNDEE WOMEN'S FESTIVAL

There was submitted Agenda Note AN232-2014 intimating that the Dundee Women's Festival had applied for assistance towards the costs of printing their programme and providing a co‑ordinator/administrative worker (8 hours per week for 26 weeks) to meet the increased demand relating to a festival which had grown in scale and attendance. This worker would help the festival produce future programmes online and was viewed as assisting the event to become sustainable.

The Committee approved a one-off award of 6,000.

IV LOCAL ACTION FUND AWARD

There was submitted Agenda Note AN233-2014 asking the Committee to approve a Local Action Fund Award of 2,400 to Tayside Council on Alcohol to support the delivery of the Plusone Mentoring Scheme.

The Committee approved accordingly.

V THE SMITH COMMISSION

It was reported that Lord Smith of Kelvin had been asked to lead a process through which Heads of Agreement were reached on the devolution of further powers to the Scottish Parliament within the UK. It was noted that he had been asked to submit his report on 30th November, 2014 and had asked for views to be given to him by individuals and organisations no later than 5 pm on 31st October, 2014.

Councillor Black, seconded by the Lord Provost, moved that the undernoted be submitted to Lord Smith of Kelvin.

The Committee:-

(a) notes that the electors of Dundee voted by a majority for complete independence for Scotland, but accepts that Scotland as a whole voted to remain within the United Kingdom;

(b) understands that an Opinion Poll conducted by Panelbase after the referendum and cited by the Scottish Government has shown that 66% of voters support the devolution of control of all areas of government policy except for defence and foreign affairs, which is sometimes referred to as Devo Max;

(c) notes also that Professor John Curtice on What Scotland Thinks cites a poll carried out by Survation after the referendum showing that 80% of voters believe welfare/benefits should be under the control of the Scottish Parliament;

(d) notes and approves the constructive spirit so far shown by participants in the Smith Commission;

(e) endorses the Scottish Governments proposals for further devolution to Scotland as set out in its submission to the Smith Commission entitled More Powers for the Scottish Parliament and summarised as follows:-

- Full fiscal responsibility for the Scottish Parliament; all tax revenues should be retained in Scotland. The Scottish Parliament should have policy responsibility for all taxes unless there is a specific reason for a continued reservation. In particular, the Scottish Parliament should have full autonomy for income tax, national insurance, corporation tax, capital gains tax, fuel duty, air passenger duty and inheritance tax.

- The Scottish Parliament should be responsible for all domestic expenditure - including welfare - and make payments to the UK government for reserved services.

- The Scottish Parliament should have a sustainable framework for public finances including the necessary borrowing powers, and an agreement with the UK Government on the overall approach to public finances.

- As part of any agreement, the Barnett formula should continue to be used to determine Scotlands resources during any transitional period and if the Scottish Parliaments financial powers fall short of full fiscal responsibility, Scotland should get any financial benefits as well as having the tools to manage the risks, of its new responsibilities.

- Responsibility for all welfare policy and administration should be devolved. As a priority, this should involve all working age benefits. In the meantime, roll out of Universal Credit and Personal Independence Payments in Scotland should be halted to ensure that the practical ability to devolve individual benefits is not compromised.

As an amendment, Bailie Scott, seconded by Councillor Macpherson, moved that no submission be made by the Council, leaving it instead to the political groups and individual members to submit their own views.

On a division, there voted for the motion - Councillors Guild, Alexander, Black, Bowes, Campbell, Cordell, Dawson, Hunter, Lynn, McDonald, Murray, Ross, Bailie Sawers, Lord Provost Duncan and Depute Lord Provost Roberts (15); and for the amendment - Councillor Macpherson, Bailies Borthwick and Scott (3) - Councillors Keenan, Asif, Bidwell, Brennan, Cruickshank, Ferguson, Gordon, McCready, McGovern and Bailie Wright declining to vote - whereupon the motion was declared carried.

As a further amendment, Councillor Brennan, seconded by Councillor Keenan, moved that the undernoted be submitted to Lord Smith of Kelvin.

We accept and we respect the verdict of the Scottish Referendum as the expression of the sovereign will of the people of Scotland that Scotland remains part of the United Kingdom.

We support the empowerment of Local Government and local democracy be restoring to Councils the power taken away from them by the Scottish Government and which were centralised in the hands of the Scottish government Ministers in Edinburgh.

and

Endorse the proposals from COSLAs Commission for Strengthening Local Democracy and its belief that the fundamental principles that the democratic future of Scotland will be built on will be those of sovereignty, subsidiarity, transparency, participation, spheres not tiers of governance, interdependency and wellbeing.

On a division, there voted for the motion - Councillors Guild, Alexander, Black, Bowes, Campbell, Cordell, Dawson, Hunter, Lynn, McDonald, Murray, Ross, Bailie Sawers, Lord Provost Duncan and Depute Lord Provost Roberts (15); and for the amendment - Councillors Keenan, Asif, Bidwell, Brennan, Cruickshank, Ferguson, Gordon, McCready, McGovern and Bailie Wright (10) - Bailie Scott, Bailie Borthwick and Councillor Macpherson declining to vote - whereupon the motion was declared carried and became the finding of the meeting.

VI COUNCIL PLAN 2012-2017 REVIEW

There was submitted Report No 388-2014 by the Chief Executive reviewing the performance of the Council in relation to the Council Plan 2012-2017.

The Committee noted the contents of the Council Plan Review and approved the new actions contained in paragraph 4.5 of the report.

VII HEALTH AND SOCIAL CARE INTEGRATION

There was submitted Report No 416-2014 by the Chief Executive advising members of the Committee of the timescales and programme for progress from the current interim integration arrangements towards the establishment of the formal integration authority for Dundee.

The Committee:-

(i) approved the time-frame and programme for progress towards the establishment of the Integration Authority for Dundee, including the consultation processes involving the Councils Head of Democratic and Legal Services and other officers as appropriate;

(ii) approved the proposals contained in the report for the nominations of voting and non‑voting membership of the Integration Joint Shadow Board as contained within paragraph 4.4.8 of the report and noted that the City Council would be asked to nominate members at their meeting on 10th November, 2014;

(iii) remitted to the Chief Executive in co-operation with the Chief Executive of NHS Tayside, the responsibility to agree and confirm all the necessary arrangements to allow for the Chief Officer Designate to be appointed by March, 2015;

(iv) confirmed approval of the Local Authority functions and services outlined in Appendix 2 of the report, as the basis upon which the Integration Authority was to be taken forward;

(v) noted that the Chief Executive would report back to the Committee for further approval as necessary;

(vi) remitted to the Director of Corporate Services the responsibility to negotiate with partners to achieve the establishment of a permanent Chief Financial Officer role for inclusion in the Integration Scheme; and

(vii) noted that the Chief Executive would report back to the Committee with proposals for appropriate scrutiny arrangements in relation to the work of the Integration Authority for Dundee.

VIII CHIEF EXECUTIVE'S DEPARTMENT ANNUAL SERVICE PLAN 2012-2017 ANNUAL REVIEW

There was submitted Report No 389-2014 by the Chief Executive reviewing the performance of the Chief Executive's Department in relation to the Service Plan 2012-2017.

The Committee noted the contents of the Service Plan Review and approved the new targets on key performance indicators shown in paragraph 4.1.3 of the report and approved the new actions contained in paragraph 4.5 of the report.

IX REVENUE MONITORING

There was submitted Report No 362-2014 by the Director of Corporate Services providing an analysis of the 2014/2015 Projected Revenue Outturn as at 31st August, 2014 monitored against the adjusted 2014/2015 Revenue Budget.

The Committee:-

(i) noted that the overall General Fund 2014/2015 Projected Revenue Outturn as at 31st August, 2014 was projecting a breakeven position against the adjusted 2014/2015 Revenue Budget;

(ii) noted that the Housing Revenue Account as at 31st August, 2014 was projecting a breakeven position against the adjusted HRA 2014/2015 Revenue Budget;

(iii) instructed the Director of Corporate Services to take every reasonable action to ensure that the 2014/2015 revenue expenditure was below or in line with the adjusted Revenue Budget; and

(iv) instructed the Director of Corporate Services, in conjunction with all Chief Officers to continue to monitor the Council's 2014/2015 Projected Revenue Outturn.

X CAPITAL MONITORING

There was submitted Report No 358-2014 by the Director of Corporate Services appraising members of the latest position regarding the Council's Capital Expenditure Programme for 2014/2015,

The Committee noted the contents of the report.

XI DUNDEE COMMUNITY REGENERATION FUND 2014/2015

There was submitted Report No 392-2014 by the Chief Executive relative to the above.

The Committee noted the allocations to the Community Regeneration Fund for 2014/2015 and approved the funding proposals contained in Section 5.2 of the report appended hereto.

XII GAELIC LANGUAGE PLAN

There was submitted Report No 376-2014 by the Chief Executive advising the Committee that Dundee City Council was required to produce a Gaelic Language Plan and to recommend a draft plan for the purpose of consultation.

The Committee:-

(i) noted that Dundee City Council was required, under the statutory powers given to Bord na Gaidhlig, to submit a Gaelic Language Plan by 28th February, 2015;

(ii) agreed that the draft plan appended to the report go forward as a basis for consultation but with no commitment on the part of the City Council to implement all or any of the recommendations in the draft;

(iii) agreed the consultation process and timetable as outlined in paragraph 4.3 of the report; and

(iv) remitted to the Chief Executive to report back to Committee on the outcome of the consultation, with a recommended plan for submission to Bord na Gaidhlig in February, 2015.

XIII DUNDEE CITY COUNCIL 2013/2014 - ACCOUNTS AND AUDIT

(a) AUDITED STATEMENT OF ACCOUNTS 2013/2014

(i) Dundee City Council

The above report was submitted and noted (Report No 393-2014).

(ii) Dundee City Council Charitable Trusts

The above report was submitted and noted (Report No 394-2014).

(iii) Lord Provost of Dundee Charity Fund

The above report was submitted and noted (Report No 395-2014).

(b) EXTERNAL AUDITOR'S REPORT

The above report was submitted and noted (Report No 396-2014).

(c) EXTERNAL AUDITOR'S REPORT - RESPONSE FROM DUNDEE CITY COUNCIL

There was submitted Report No 397-2014 by the Director of Corporate Services in response to the report by the Council's External Auditor on the audit of Dundee City Council for the year to 31st March, 2014.

The Committee:-

(i) noted the contents of the External Auditor's report and, in particular, that KPMG LLP had issued an unqualified audit opinion on each of the 2013/2014 Statements of Accounts noted above;

(ii) noted the completed Action Plan at Appendix 3 to the External Auditor's report; and

(iii) endorsed the report as the Council's formal response to the External Auditor's report.

XIV TAYSIDE PENSION FUNDS 2013/2014

(a) AUDITED STATEMENT OF ACCOUNTS FOR THE TAYSIDE PENSION FUNDS 2013/2014

The above report was submitted and noted (Report No 403-2014).

(b) EXTERNAL AUDITOR'S ANNUAL REPORT

The above report was submitted and noted (Report No 404-2014).

(c) TAYSIDE PENSION FUNDS 2013/2014 ACCOUNTS FOR AUDIT

There was submitted Report No 405-2014 by the Director of Corporate Services in response to the report by the Council's External Auditor on the audit of the Tayside Pension Funds for the year to 31st March, 2014.

The Committee noted the contents of the External Auditor's Annual Audit Report and, in particular, that KPMG LLP had issued an unqualified audit opinion.

The Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted item of business on the grounds that it involved the likely disclosure of exempt information as defined in paragraphs 6 and 9 of Part I of Schedule 7A of the Act.

XV RELIEF OF NON-DOMESTIC RATES ON THE GROUNDS OF HARDSHIP (HARDSHIP RELIEF)

There was submitted Report No 371-2014 by the Director of Corporate Services relative to the above.

The Committee approved the recommendation detailed therein.

Ken GUILD, Convener.

APPENDIX