Democracy Spraffa

221102 Council Minute (Final)

North Ayrshire Council · 14 December 2022
Back to North Ayrshire Council — 14 December 2022 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

North Ayrshire Council
2 November 2022 
At a Meeting of North Ayrshire Council at 2.00 p.m. involving a combination of
participation by remote electronic means and physical attendance within the Council
Chambers, Irvine 
Present (Physical Participation)
John Bell, Timothy Billings, Marie Burns, Eleanor Collier, Joe Cullinane, Scott Davidson,
Stewart Ferguson, Robert Foster, Scott Gallacher, Tony Gurney, Alan Hill, Cameron
Inglis, Margaret Johnson, Christina Larsen, Shaun Macaulay, Tom Marshall, Jean
McClung, Nairn McDonald, Matthew McLean, Louise McPhater, Davina McTiernan, Jim
Montgomerie, Donald Reid, Donald L. Reid, Chloé Robertson, Ronnie Stalker and John
Sweeney. 
Present (Remote Electronic Participation)
Todd Ferguson, John Glover, Ian Murdoch, and Angela Stephen. 
In Attendance 
C. Hatton (Chief Executive); R. McCutcheon, Executive Director (Place), C. Cameron,
Director (Health and Social Care Partnership); A. Sutton, Executive Director
(Communities and Education); and A. Craig, Head of Democratic Services, M. Boyd,
Head of Finance, F. Walker, Head of People and ICT, Raymond Lynch, Senior Manager
(Legal Services), M. McColm, Senior Manager (Communications), M. Anderson, Senior
Manager (Committee and Member Services) and H. Clancy and D. McCaw, Committee
Services Officers (Democratic Services). 
Chair
Depute Provost in the Chair (Agenda Items 1-13(2) and 13(4)-14).
Councillor Marshall (Agenda Item 13(3)). 
Apologies
Anthea Dickson and Amanda Kerr. 
1. Depute Provost's Remarks 
In the absence of the Provost, and in terms of Standing Order 6.6, the Depute Provost
took the chair. 
The Depute Provost welcomed those present to the meeting and, on behalf of
Members, extended his sincere condolences to the Provost following a family
bereavement.

Page 2

The Depute Provost then dealt with preliminary matters, including intimation that the
meeting, which was taking place on a hybrid basis, would be live streamed to the
internet.   
Members were also advised that, in terms of Standing Order 10.8, the Depute Provost
had received an urgent item, which he had agreed to consider at the end of the
meeting, under Agenda Item 14. 
2. Apologies 
The Provost invited intimation of apologies for absence, which were noted.   
3.  Declarations of Interest 
In terms of Standing Order 11 and Section 5 of the Councillors' Code of Conduct, the
Depute Provost declared an interest in Agenda Item 13(3) (Motions), in his capacity as
the seconder of the motion, and advised of his intention to vacate the Chair during
consideration of this item of business. 
There were no declarations of the Party Whip. 
4. Previous Minutes 
With the permission of the Depute Provost, Councillor Donald Reid made reference to
an offer which he understood the Cabinet Member for Place to have made in the course
of debate on Item 17(2) (Motions) of the Minute of the Ordinary Meeting held on 21
September 2022, namely that meetings would be held in each Locality to discuss the
implications of parking charges.  Councillor Donald Reid considered that this offer had
not been appropriately recorded within the Minute. 
Councillor Donald Reid sought, and received, confirmation that officers would verify the
content of the recording of the Ordinary Meeting of the Council and, as appropriate,
liaise with the Cabinet Member for Place with regard to arrangements for the relevant
meetings. 
Subject to the above clarification, the accuracy of the Minutes of the Ordinary and
Special Meetings of the Council held on 21 September 2022 was confirmed and the
Minutes signed in accordance with Paragraph 7(1) of Schedule 7 of the Local
Government (Scotland) Act 1973.

Page 3

5. Provost’s Report 
Submitted report by the Provost for the period from 12 September to 23 October 2022. 
The Depute Provost took the opportunity to update Members on receipt by the Council
of the national Employer Recognition Scheme Silver Award for 2022, which recognised
North Ayrshire Council’s commitment to supporting the Armed Forces. 
Noted. 
6.  Leader’s Report 
Submitted report by the Leader of the Council for the period from 12 September to 23
October 2022. 
Noted. 
7.  Council Minute Volume 
Submitted for noting, the Minutes of meetings of committees of the Council held in the
period from 20 June to 19 October 2022.
Noted. 
8. Appointment to Committee 
The Council was invited to note (i) the resignation of Councillor S Ferguson from the
Licensing Committee and (ii) that, in terms of Standing Order 8.5, the resultant vacancy
has been filled, in terms of Standing Order 8.5, by Councillor Inglis, effective 
from 5 November 2022. 
Noted. 
9. Appointments to Outside Bodies 
The Council was invited (a) in respect of Hunterston Site Stakeholder Group, (i) to note
the resignation of Councillor T. Ferguson and (ii) consider a nomination for Councillor
Glover to be appointed to fill this vacancy in terms of Standing Order 8.4; and (b) in
respect of the Licensing Board, (i) to note the resignation on Councillor S. Ferguson and
(ii) consider a nomination for Councillor Inglis to be appointed to fill this vacancy in
terms of Standing Order 8.4. 
Councillor Marshall, seconded by Councillor McLean, moved the appointment of
Councillor Glover to serve on the Hunterston Site Stakeholders Group. There being no
amendment, Councillor Glover was duly appointed.

Page 4

Councillor Marshall, seconded by Councillor McLean, then moved the appointment of
Councillor Inglis to serve on the Licensing Board.  There being no amendment,
Councillor Inglis was duly appointed. 
Accordingly, the Council agreed: 
(a) to note the resignations of Councillors T. Ferguson and S. Ferguson from the
Hunterston Site Stakeholder Group and Licensing Board, respectively; and 
(b) to approve the appointment of Councillors Glover and Inglis to the Hunterston Site
Stakeholders Group and Licensing Board, respectively. 
10. Medium-Term Financial Outlook 2023/24 to 2025/26 
Submitted report by the Head of Finance on the financial challenges facing the Council
over the medium term to help inform the development of budget proposals. 
Members asked questions, and received clarification, on the following: 
• the assumption that North Ayrshire’s population was likely to decrease, particularly
given the significant numbers of new houses already built or planned;
• the potential for population projections to change as a result of data from the latest
census;
• the negative impacts on travel providers which might arise from the Scottish
Government’s identification of concessionary fares as a potential area of savings
and the extent to which officers would take into account the implications of this in
terms of possible service reductions;
• whether the use of reserves was likely to require to form part of the Council’s
budget strategy for future years and the recognition that this would constitute a
temporary measure rather than a solution;
• whether, in light of additional pressures and funding gaps for local authorities, the
Scottish Government had indicated that there might be some flexibility in terms of
ringfenced funding;
• whether any timeframe was available in terms of an expected improvement in the
stability of gilt yields;
• the likelihood of the Scottish Government providing funding for future local
government pay awards in the event of them exceeding the current planning
assumptions; and
• whether the Council would in future need to revisit its position on avoiding the use of
compulsory redundancy 
Councillor Larsen, seconded by Councillor Burns, moved approval of the
recommendations set out in the report.  There being no amendment, the motion was
declared carried.

Page 5

Accordingly, having considered the financial position identified in the Medium-Term
Financial Outlook 2023/24 to 2025/26, the Council agreed: 
(a) to note the scale of the financial challenges which the Council faced over the
medium term; and 
(b) that proposals be brought forward to set a balanced budget for 2023/24. 
11. Locality Planning in North Ayrshire 
Submitted report by the Executive Director (Communities and Education) to provide an
update on Locality Planning in North Ayrshire and seek approval for revised Locality
Partnership Terms of Reference and Standing Orders, as reviewed and agreed by the
Locality Planning Working Group.  The proposed Terms of Reference and Standing
Orders were set out at Appendices 1 and 2 to the report, respectively. 
At its last Ordinary Meeting held on 21 September 2022, the Council agreed to establish
a Member Officer working group to consider proposed changes to the Locality
Partnership Terms of Reference and Standing Orders.  The Executive Director
(Communities and Education) reported on the outcome of the working group’s
deliberations, as reflected in the recommendations set out in the report. 
Councillor Hill, seconded by Councillor Macaulay, moved approval of the
recommendations set out in the report.  There being no amendment, the motion was
declared carried. 
Accordingly, the Council agreed to approve the revised Locality Partnership Terms of
Reference and Standing Orders set out at Appendices 1 and 2, respectively, to the
report. 
12. Sevenacres Bridge, Kilwinning - Compulsory Purchase 
Submitted report by the Head of Democratic Services on the proposed compulsory
purchase of land required to install a replacement bridge over the Lugton Water at
Sevenacres, Kilwinning, and to provide temporary access for those works to be
undertaken.  The Schedule (setting out the land required and the purpose of acquisition)
was set out as an appendix to the report.  A location plan was displayed at the meeting
and published on the Council’s website. 
Members asked questions, and received clarification, on the following: 
• whether there were any estimates available as to the likely cost of pursuing the
compulsory purchase of this land, as well as the cost of the bridge replacement
itself; and
• the availability of a more detailed plan, referencing the specific areas of ground
referred to in the Schedule accompanying the report

Page 6

The Head of Democratic Services undertook to arrange for the following to be circulated
for Members’ information: (a) an estimate of the likely costs associated with (i) pursuit of
a Compulsory Purchase Order and (ii) the bridge replacement works and (b) a more
detailed location plan identifying the individual areas of ground referred to in the
Schedule to the report. 
Councillor Davidson, seconded by Councillor Burns, moved approval of the
recommendations set out in the report.  There being no amendment, the motion was
declared carried. 
Accordingly, the Council agreed as follows: 
“That The North Ayrshire Council resolves in exercise of the powers conferred by
Section 104 of the Roads (Scotland) Act 1984 and in accordance with the provisions of
the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 to make a
Compulsory Purchase Order to be called “The North Ayrshire Council (Sevenacres
Bridge, Kilwinning) Compulsory Purchase Order 2022” to purchase compulsorily ALL
and WHOLE those areas of ground listed on the Schedule hereto which are required to
replace the existing Sevenacres Bridge, Kilwinning, authorise and instruct the Senior
Manager (Legal Services) to sign the Order and plan on behalf of the Council, affix
thereto the Common Seal of the Council, submit the Order and plan to the Scottish
Ministers for confirmation, give the appropriate notice to the owners and occupiers of
the subjects, insert the appropriate notice in the local press and certify to the Scottish
Ministers that the subjects (a) do not belong to the local authority, (b) have not been
acquired by statutory undertakers for the purpose of the undertaking, (c) do not form
part of common or open space, (d) are not held inalienably by the National Trust for
Scotland and (e) are not listed as being of special historical or architectural interest
under Section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland)
Act 1997, and take all steps necessary to complete the compulsory purchase
procedures”. 
13. Questions 
The Depute Provost introduced this item of business, reminding Members of the
Standing Orders provisions relating to questions. Members were advised that a period
of 45 minutes was allocated for consideration of the undernoted questions, the order of
which had been determined following the drawing of lots, as set out in Standing Order
14.3.

Page 7

In terms of Standing Order 14, submitted: 
(1) a question by Councillor Marshall to the Cabinet Member for Education in the
following terms: 
"Noting that Dunoon Grammar has adapted its Curriculum to provide 50 courses which
reflect key sectors of the local economy such as tourism and marine studies as well as
community projects and as a result was named ahead of runners-up in Brazil and India
to win a $50,000 prize as the T4 Education World ’s Best School for Community
Collaboration, what lessons can the Council learn to apply to its rural and coastal
Academies and High School to mirror the success of Dunoon?" 
Councillor Marshall requested that his question be taken as read. 
Councillor Macaulay thanked the Member for his question and responded in the
following terms: 
“We extend our congratulations to Dunoon Grammar on its achievement in this
interesting and novel award.  It will be interesting to see the advantage in terms of
attainment and positive destinations of these additions to the school’s curriculum.   
In North Ayrshire, our schools are regularly reviewing their curricula and have been
doing so for several years.  The purpose of these curriculum reviews is to ensure the
curriculum provides a broad and balanced range of activity and subject and that these
enable the children and young people to develop knowledge, skills and experiences
which lead to recognised and valuable qualifications. 
Schools across North Ayrshire have developed their curricula significantly, similarly to
Dunoon Grammar, to provide an extensive range of qualifications to improve the
educational experience of young people and reflect the needs of the local labour
market/intelligence. This extended curriculum offers qualifications in a broad range of
areas including, but not limited to, Travel and Tourism, Rural Skills, Retail, Hospitality,
Engineering, Health and Social Care, Leadership and Personal Development providing
young people with a wide variety of skills to access positive pathways beyond school
and support the local economy. 
The educational experience of our young people is further enhanced through individual
and unique rural and outdoor experiences, including Arran Outdoor Education Centre
which also exploits the local rural and coastal resources to provide the best possible
experiences for young people in North Ayrshire.

Page 8

School curricula are supported through our work with local partners such as Ayrshire
College, SDS, Ayrshire Chamber of Commerce and local businesses. For example,
schools and Ayrshire College work very closely to develop their curriculum offering to
ensure provision of courses which meet the needs of our young people and local labour
market intelligence. The Ayrshire Chamber of Commerce work closely with all schools
and local businesses to provide an extensive work experience programme to support
skills development for young people and support future labour market growth. This is
obviously underpinned by the Ayrshire Growth Deal which seeks to provide the strategic
overview and direction for any future partnership working or curriculum developments. 
As an authority and across the whole of Ayrshire we have begun a fresh review of our
curriculum which will be a major feature of our service improvement plan for the next
three years.  This work will build on the recent OECD report on Scotland’s Curriculum
for Excellence.   Indeed, all our Head teachers alongside their counterparts from across
East and South Ayrshire met on 7 October 2022 with representatives of Ayrshire
College and local businesses to advance our discussions and to plan next steps in a
collaborative and innovative way. 
As always, the Education Service continues to look outwards and learns from our
colleagues’ best practice wherever that may be to maximise the potential of all young
people across North Ayrshire.” 
As a supplementary question, Councillor Marshall asked whether the Cabinet Member
could provide him with a copy of the extended curriculum which applied to schools in
North Ayrshire. 
Councillor Macaulay responded in the affirmative. 
(2)  a question by Councillor Montgomerie to the Cabinet Member for Place in the
following terms: 
“After 100 years on Saltcoats High Street local businesses Gregor Watsons recently
announced that it will close, potentially leaving Saltcoats with another vacant retail unit
on our Hight Street. Does the Cabinet Member believe the introduction of parking
charges will make it easier or harder for local businesses to survive in the current
economic climate, and for the Council to bring vacant properties back into productive
use?”

Page 9

Councillor Davidson thanked the Member for his question and responded in the
following terms: 
“A key desired outcome of introducing DPE and parking charges is the improved
regulation of traffic in our town centres, by directing long stay patrons to free parking
slightly further out while providing chargeable and short stay parking close to retail and
other town centre services. This will provide enhanced access to parking close by to
retail and other businesses within towns and in so doing, encourage greater footfall from
patrons within towns and villages. 
Recent monitoring of our town centre car parks has shown that they are extremely busy
with workers by 9 am making it difficult for visitors and shoppers to find parking spaces.
It is also clear that disabled parking bays are being abused by non blue badge holders
thereby restricting access for disabled people to find an accessible parking space. 
The introduction DPE and parking charges should therefore provide a turnover of
parking spaces for visitors and shoppers within our town centres thereby improving
opportunities for local businesses. DPE will also give us the powers to tackle
irresponsible drivers who abuse the use of disabled parking bays.” 
At the invitation of the Depute Provost, Councillor Montgomerie took the opportunity to
ask a supplementary question.   
Councillor Burns queried whether, in delivering his supplementary question, Councillor
Montgomerie was intending to ask a question or make a speech. The Depute Provost
invited Councillor Montgomerie to proceed with asking his supplementary question. 
As a supplementary question, Councillor Montgomerie asked the Cabinet Member when
the agreement made by Council at the last meeting to review parking rates would be
considered by Cabinet and, further, that petitions submitted in opposition of charges
would be presented to the Audit and Scrutiny Committee for due consideration. 
Councillor Davidson began his response by expressing disappointment at the Member’s
opposition to a policy which had been brought by the previous Administration. 
Councillor Foster queried the relevance of the Cabinet Member’s response to the
question.  The Depute Provost invited the Cabinet Member to proceed with responding
to the supplementary question.   
Following a comment by Councillor Montgomerie which failed to meet the standards of
behaviour reflected in Standing Order 12.2, the Depute Provost, in terms of Standing
Order 6.8, agreed that the meeting be adjourned briefly at 3.10 p.m.  The meeting
reconvened at 3.20 p.m. with the same Members and officers present and in attendance
(as previously by remote electronic means or in person), and with the addition of
Councillor Robertson, who had joined the meeting in person.

Page 10

At the invitation of the Provost, Councillor Montgomerie retracted his earlier remark. 
Thereafter, the Cabinet Member for Place responded to the supplementary question by
confirming that he would keep all Members fully updated as to when a report would be
submitted to Cabinet.  He further advised that a petition had been received and would
be subject to the same procedure as any other petition.   
(3)  a question by Councillor Collier to the Cabinet Member for Health and Social Care
in the following terms: 
“What work is being carried out by HSCP to support individuals in accessing residential
rehabilitation?”  
Councillor Johnson thanked the Member for her question and responded in the
following terms, the latter part of her response being taken as read following expiry of
the two-minute period provided by Standing Order 14.4: 
“The national mission to reduce drug related deaths and harms has set out the ambition
to save and improve lives.  Access to Residential Rehabilitation is a key part of the
National Mission, the vision being that residential rehab is available to everybody that
wants it, and for whom it is deemed to be clinically appropriate, at the time they ask for it
in every part of Scotland. 
Locally the HSCP has been working closely in partnership with the ADP to ensure
appropriate and timely access to residential rehabilitation in North Ayrshire.  £5m of
funding has been provided nationally, the North Ayrshire share of this being £136k, this
funding is to support the development of rehab pathways and an increase in the number
of people being referred to residential rehabilitation. 
The HSCP and ADP are jointly committed to supporting individuals to access residential
rehab and have engaged with a range of services, clinical and care leads, and
individuals, families and staff from across services to successfully develop the North
Ayrshire residential rehabilitation pathway.  This pathway has now been published and
promoted on the HSCP web site and shared across services. 
The North Ayrshire Drug and Alcohol Recovery Service (NADARS) is an integrated
health and social care service and anyone can refer to this service - individuals,
families, carers, primary care, prison or any support service.  Individuals seeking to
access external Residential Rehabilitation (RR) support can do so through NADARS
who will support the development of a care plan, identify a residential rehab provider
and then support individuals into, through and after their external placement.

Page 11

There are a range of residential rehabilitation support opens now available to North
Ayrshire residents in addition to access to external provision.  This includes access to
our local 10 bedded ward in Woodland View which provides hospital-based alcohol
and/or drug and mental health related detoxification, rehabilitation, and day attendance
support.  Since April 2020 114 individuals from North Ayrshire have been supported to
access residential rehabilitation support with a further 229 individuals supported to
access detoxification support in Woodland View.   
In addition, locally we are fortunate to be working closely with Phoenix Futures to plan
for the opening of the National Specialist Family Service, Harper House which is based
in Saltcoats. The HSCP have been closely working with Phoenix Futures to ensure our
local services are able to support and complement the service and also to ensure robust
referral pathways and criteria for local families to access support at Harper House, due
to local services and wrap around support available in North Ayrshire our residents and
their families will benefit from more complex needs being supported in the facility. This
is an exciting development which will build on the range of rehabilitation supports and
interventions available to our residents.” 
Councillor McPhater sought the Depute Provost’s permission to ask a question arising
from the Cabinet Member’s response to Councillor Collier’s question.  The Depute
Provost refused this request on the basis that there was no provision within Standing
Orders allowing it. 
(4)  a question by Councillor McLean to the Cabinet Member for Finance in the
following terms: 
“To ask the Cabinet Member for Finance how much new capital investment has been
made into Springside Primary school since the decision to keep the school open in
2008, not including maintenance and repairs, and not including monies spent on the
new Early Years Centre?” 
Councillor Larsen thanked the Member for his question and responded in the following
terms: 
“The Property Management and Investment (PMI) team undertake a rolling programme
of Condition Surveys across the corporate estate, including all educational
establishments. We have a statutory duty to report on the condition of schools through
the “Core Facts Return” which is submitted to the Scottish Government. Springside
Primary School has been assessed as having a “B” (Satisfactory) rating at the most
recent survey (2019).

Page 12

All general maintenance, statutory compliance and reactive repairs have been carried
out to ensure the property is maintained to the appropriate standard. From the financial
records available which date back to 2013/14 a total of £152,289 has been invested
across these areas. Investment in the Early Years extension totalled £566,752 across
2019/20 to 2021/22. This expenditure included freeing up and refurbishment of a
general-purpose area within the school and drainage infrastructure improvements to
benefit the whole building.   
The Condition Surveys, alongside information gathered by the locality Maintenance
Officers, allow us to prioritise investment across the estate. At present, there are no
elements within Springside Primary which have been identified as a priority for
investment.” 
As a supplementary question, Councillor McLean asked for information on how much of
the £0.5m investment in the Early Year’s extension had been used for (i) general
refurbishment and (ii) longer-term improvements. 
Councillor Larsen responded by advising that she did not have this breakdown but
would request officers’ assistance in seeking to make this information available to
Members. 
(5)  a question by Councillor Donald Reid to the Cabinet Member for Place in the
following terms: 
“To ask the Cabinet Member how many applicants are on the North Ayrshire Housing
Register with Kilwinning within their choices of area to be considered.” 
Councillor Davidson thanked the Member for his question and responded in the
following terms: 
“The North Ayrshire Housing Register is a shared register which is jointly operated by
North Ayrshire Council and our RSL partners - Riverside Homes; Cunninghame
Housing Association; and ANCHO. It is a live system that changes daily as new housing
applications are registered and other applications are updated or cancelled. 
Applications are held in one of the seven ‘needs’ groups and awarded points and
consequential priority that reflect the applicant’s housing circumstances. If no points are
awarded, it means the applicant does not have an assessed housing need as defined
by the Housing Allocations Policy. 
Applicants can choose as many areas as they wish from the 63 letting areas across
North Ayrshire. Staff carry out housing options interviews with applicants and actively
encourage them to include several areas to maximise their likelihood of receiving an
offer.

Page 13

As at Wednesday 26 October, I can confirm we have a total of 6,715 applications on the
North Ayrshire wide register, of which 3,346 applications have been allocated points.
This equates to 50% of applications. 
Again at 26 October, the total number of applicants who have included at least one of
the 8 Kilwinning letting areas within their preferences is 1,922. Of these, there are 1,081
applicants who have been awarded points/priority. This equates to 56% of all
applications for Kilwinning. 
359 applicants have chosen Kilwinning areas only, with 197 of these applicants having
points/priority awarded (54%).” 
A supplementary question by Councillor Donald Reid was not permitted by the Depute
Provost on the grounds that it did not adhere to the requirement set out in Standing
Order 14.4 that any supplementary question must arise directly from the answer given
to the original question. 
(6)  a question by Councillor McTiernan to the Cabinet Member for Health and Social
Care in the following terms: 
“Given the current pressures which have been widely reported in the media for Health
and Social Care Services across Scotland, there are significant concerns on how the
system will cope with the impending winter period. Can the Cabinet Member for H&SC
provide an update to Council on the local position and a reassurance on any winter
plans in North Ayrshire?” 
Councillor Johnson thanked the Member for her question and referred to the following
written answer: 
“Similar to other areas in Scotland the Ayrshire and Arran health and social care system
remains under immense pressure.  The impact and legacy of the pandemic is ongoing
alongside the continued stresses placed on the workforce and increased demand for
services.  The pressures are most visible at the hospitals where emergency access
performance standards are not met, there are ambulance delays to hand over patients,
there is an increased length of stay, all of which lead to poorer outcomes for our
citizens.   
Despite efforts, continued pressures to date have not enabled the de-escalation of
either acute Hospital in Ayrshire and Arran and there has not been the closure of any of
the additional beds opened to support the surge in Covid inpatient numbers.   A further
HSCP sponsored focussed intervention is planned for two weeks from 7th November
which will involve the three HSCPs deploying community teams into the acute sites to
support patient discharge.

Page 14

There is a continued focus on prioritising packages of care for individuals in hospital. 
However, the impact of this is the continued risk posed to those in the community who
have been assessed as requiring support.  In North Ayrshire 85% of the current hours of
unmet need for care at home services are for individuals on the community waiting list
and a significant number of individuals are awaiting assessment and review. 
In October 2021, over £300m of investment in hospital and community care was
announced to support a range of measures with the overarching aim being to reduce
risks in community settings and supporting flow through acute hospitals. A total of
£3.4million was allocated to North Ayrshire specifically for interim care, Multi-
Disciplinary Teams and Care at Home capacity, the majority of this funding has now
been provided on a recurring basis. 
The North Ayrshire HSCP Winter Funding Plan was approved by the IJB in December
2021.  This focusses on a whole system approach to bolstering the care workforce by
increasing numbers of staff in key areas of community services, with a longer-term
focus on increasing capacity across our system and to invest in services which focus on
early intervention and prevention and the alternatives to hospital admission. When the
plan was approved it was with the caveat of the scale and pace of the impact being
wholly reliant on successful recruitment.   
Recruitment is ongoing with a number of key posts now appointed to including
additional Social Workers and Social Work Assistants, Community Occupational
Therapists, Health Care Support Workers and a range of roles within Care at Home
services.  For Care at Home there has been a constant focus on recruitment and these
efforts have led to a net increase in the workforce over the period.  This has led to a
significant improvement in the Hospital waiting list which in North Ayrshire is now sitting
at the lowest position it has been, this also allows our in-house respite facility to return
to fully providing respite support over the winter period.  The position with
commissioned care providers remains fragile with many citing difficulties in the
recruitment and retention of staff and therefore are unable to offer sustainable care
provision and an inability to support new services. 
In terms of providing the reassurance of any winter plans in North Ayrshire I can
reassure members that the HSCP have an investment plan in place to increase capacity
and there are business continuity and escalation plans in place across services.  I can
also reassure members that the HSCP will continue to take all the necessary steps to
manage and escalate the risk in the system, however despite this there is no doubt we
are heading for a very difficult winter period for health and care services.”

Page 15

(7)  a question by Councillor Gallacher to the Cabinet Member for Place in the
following terms: 
"Will the new Administration commit to reinstating the disabled fishing platform behind
Lamont Drive in Irvine?" 
Councillor Davidson thanked the Member for his question and responded in the
following terms: 
“The previous angling platform was removed following complaints from the Angling Club
that it was in a dangerous condition. After removal, officers have continued to support
the Club, and assisted by seeking bids from contractors for a replacement platform. 
Unfortunately, the bid received was not affordable. 
Although the Council does not have funding nor any responsibility for the replacement
of the platform, it is anticipated that the Angling Club will qualify for grant funding the
Council would not have access to. An officer will contact the group to discuss
opportunities that may be open to them and will assist through the provision of
professional services with the specification design for a new angling platform and with
engaging a contractor, if required.” 
As a supplementary question, Councillor Gallacher asked whether progress on this
matter could be kept under close review, with a view to supporting the club to ensure a
replacement platform was in place for the start of the new season in March 2023. 
Councillor Davidson responded by undertaking to ensure officers kept Councillor
Gallacher and himself informed at all stages, including arranging meetings for this
purpose as and when required. 
(8)  a question by Councillor McPhater to the Cabinet Member for Economy and
Climate Change in the following terms: 
“How many of our residents have received travel passes from the "Public Transport
Travel Scheme", approved by Cabinet in June 22?” 
Councillor Gurney thanked the Member for her question and responded in the following
terms: 
“The Active Travel and Transport Team are engaging closely with the Council’s
Employability Team, the Lennox Partnership, Skills Development Scotland and CEIS to
identify appropriate beneficiaries for the travel assistance scheme. This has been
successful with the first cohort of travel passes and bespoke travel plans being issued
this week.

Page 16

As a supplementary question, Councillor McPhater referred to the amount of time which
had now elapsed without a single travel pass having been issued and also referred to
an earlier commitment by the Cabinet Member that the scheme would not constitute a
subsidy for Stagecoach at a time when the company was cutting local bus services,
asking whether the Cabinet Member now admitted that the vast majority of the money
spent on this scheme would be spent with Stagecoach. 
Councillor Gurney responded by providing contextual information on the proper process
which had to be followed in terms of implementing the scheme and emphasising the
importance of ensuring that it was properly targeted, particularly given the relatively
small number of passes available.  The Cabinet Member advised that some of the
passes had gone to bus-users, while others were SPT passes, which included rail, bus
and underground services.   
The Depute Provost reminded Members, in terms of Standing Order 14.4, that
questions and responses must each be delivered within a period of two minutes. 
The Depute Provost allowed a question of clarification from Councillor McLean on the
number of users within the first cohort, and Councillor Gurney confirmed that he had the
information and undertook to have this information made available to Members following
the meeting.   
(9)  a question by Councillor T. Ferguson to the Leader of the Council in the following
terms: 
"To ask the Leader of the Council what discussions have taken place with the business
sector to promote and attract employment opportunities to North Ayrshire?" 
Councillor Gurney, as the relevant Cabinet Member, thanked the Member for his
question and responded in the following terms: 
“The Economic Development and Regeneration Teams have strong connections with
the local business base and continue to provide significant support and advice on a
daily basis. During the pandemic these links were further strengthened as officers
provided essential guidance and advice to assist businesses during unprecedented
economic times and administered a wide range of business support grants. 
The Community Wealth Building Strategy, the Recovery and Renewal Approach, the
Green Jobs Fund and the Local Employability Partnership Delivery Plan all provide a
range of approaches and mechanisms designed to support business growth and
investment into North Ayrshire.

Page 17

In addition to supporting the existing business base, there is extensive work ongoing to
attract inward investment to the area. There are currently 24 live inward investment
enquiries ranging from new technology to secondary company investment proposals.  A
significant upturn has also been observed in enquiries based on new green
technologies wishing to invest in the area which will assist in ensuring a Green
Economic Recovery.” 
As a supplementary question, Councillor T. Ferguson asked about the likely impact on
North Ayrshire of the Scottish Government’s recent announcement that they would be
cutting £53m of funding for employability schemes and whether the Council had any
contingency arrangements in place. 
Councillor Gurney responded by advising that programmes and funding were subject to
change nationally and gave a commitment that the Council would always seek to make
the best use of available opportunities to engage with these.  The Cabinet Member gave
examples of recent work to safeguard some 400 existing jobs and create 71 new jobs
within North Ayrshire, and the projected creation of 159 new jobs based on growth
plans. 
(10)  a question by Councillor Bell to the Cabinet Member for Finance in the following
terms: 
“To ask the Cabinet Member for Finance if staff have received the backdated 2022/23
pay award in their pay packets?” 
Councillor Larsen thanked the Member for his question and responded in the following
terms: 
“The Scottish Joint Council (SJC) Circular from COSLA has been received, which
outlines the pay award for 2022/23.  This will be implemented and paid to the local
government workforce by December 2022.  This will include arrears from 1 April 2022. 
Communications, including FAQs, will be issued to the local government workforce to
confirm the details, arrangements for pay and provide guidance and support should this
be required.” 
As a supplementary question, Councillor Bell asked how the Administration planned to
budget for next year’s pay award. 
Councillor Larsen responded by making reference to information which the Head of
Finance had provided earlier in the meeting, in respect of his report on the Medium-
Term Financial Outlook.

Page 18

(11)  a question by Councillor Billings to the Leader of the Council in the following
terms: 
“How can North Ayrshire Council help support the Arran Ferry Committee in its efforts to
encourage Transport Scotland, Peel Ports and Calmac to provide a speedy permanent
solution to the damaged fenders at Ardrossan which are causing continued cancellation
of key early and late ferry sailings?” 
Councillor Burns thanked the Member for his question and responded in the following
terms: 
“North Ayrshire Council has recently engaged directly with Peel Ports and CMAL
regarding the condition of the fenders at Ardrossan Harbour. Peel Ports advised that the
fenders were damaged; however, they were replaced to full working order in September
2022. The replacement fenders fully conformed to Transport Scotland’s specification.
These have subsequently been damaged within the last 4-6 weeks. 
Peel Ports have advised that Transport Scotland do not have any fender plates across
the network that are the correct dimensions for Ardrossan Harbour. Replacement
faceplates were ordered several weeks ago and are expected to be delivered in
approximately 4 weeks’ time. In the meantime, they are trying to fabricate a faceplate
that, if successful, they will fit weather dependent over the coming weekend. 
North Ayrshire Council will continue to liaise with all stakeholders (TS, Peel Ports,
CMAL, CalMac) regarding the ongoing maintenance and operation of Ardrossan
Harbour to support the resilience of the services.” 
The Leader concluded her response by indicating that she shared the Member’s
frustration and by offering to meet with Councillor Billings to discuss the matter and
possible sustainable solutions further. 
(12)  a question by Councillor Sweeney to the Cabinet Member for Place in the
following terms: 
“To ask the Cabinet Member where North Ayrshire Council was ranked for recycling
performance amongst Scottish local authorities in 2016?” 
The question and following written response were taken as read, with the agreement of
both parties: 
“Thank you for your enquiry regarding the Council’s recycling performance for the year
2016. SEPA publishes annual figures of all local authorities on a calendar basis. I can
therefore confirm that for 2016 North Ayrshire Council were ranked 5th performing
council in Scotland for recycling, with a household recycling rate of 55.3% for 2016.”

Page 19

(13)  a question by Councillor T. Ferguson to the Cabinet Member for Place in the
following terms: 
"To ask the Cabinet portfolio holder for Place to provide an update on the investigation
into the paused roll out of Facial Recognition software in our schools." 
Councillor Davidson thanked the Member for his question and responded in the
following terms: 
“The matter is still with the Information Commissioner’s Office and the outcome is
awaited.  Members will be advised when the Commissioner’s decision letter has been
received.” 
As a supplementary question, Councillor T. Ferguson requested clarification on the
likely timescale for the Information Commission’s response. 
Councillor Davidson reiterated the commitment to advise Members as soon as the
Information Commissioner’s decision letter had been issued. 
(14)  a question by Councillor McDonald to the Cabinet Member for Economy and
Climate Change in the following terms: 
“North Ayrshire Council agreed its budget for 2022/23 eight months ago. Included in the
budget was £1.726million for an energy support fund, now called “Energy Smart”, to
help residents through the cost-of-living crisis. Eight months on, can the Cabinet
Member advise us how many residents have received support from the “Energy Smart”
scheme?” 
Councillor Gurney thanked the Member for his question and responded in the following
terms: 
“As at the end of October, 460 households have received support through the Energy
Smart scheme.” 
The Cabinet Member also clarified that, following a review, the value of the Fund was
now £2.176m.
/
As a supplementary question, Councillor McDonald asked whether the Cabinet Member
considered it was right that carers in receipt of Carer’s Allowance were ineligible for the
Emergency Support Fund which formed part of the scheme. 
With the agreement of the Depute Provost, Councillor Gurney responded by suggesting
that this matter might be the subject of consideration as part of the urgent item which
had been submitted for consideration at the end of the meeting.

Page 20

The allotted time of 45 minutes having expired, the Depute Provost, at his discretion in
terms of Standing Order 14.2, allowed one further question to be asked and answered,
given that some of the foregoing responses had been lengthy. 
(15)  a question by Councillor McLean to the Cabinet Member for Place in the following
terms: 
“To ask the Cabinet Member for Place if he is concerned about the state of the old
Dreghorn Primary School building on the Main Street and the incessant vandalism to
the site?” 
Councillor Davidson thanked the Member for his question and responded in the
following terms:   
“The property has suffered extensive vandalism. The property-owner, has advised that
they have taken preventative measures to reduce the potential for vandalism on site.
The owners are currently engaging with the Council’s Planning, Regeneration and
Business Growth Services.  This is with a view to identifying potential options for the
repurposing and redevelopment of the building. 
The property owner is in the process of preparing an application to the Council’s
Repurposing Property Grant Fund for a feasibility study on the building.  Officers have
provided support and guidance to the owner to prepare a brief and enable them to
obtain the required tenders to support their application. We anticipate receipt of an
application over the next month and, subject to funding, completion of the study in the
current financial year. 
Officers will continue to support and liaise with the property owner.” 
On a point of order, Councillor Foster requested clarification on the mechanism for
submitting a supplementary question in terms of Standing Order 14.4 in circumstances
whereby no written response had been circulated at the meeting.  The Depute Provost
confirmed that written responses to three ‘political’ questions would be circulated
following the meeting. 
On a further point of order, Councillor Murdoch referred to the expiry of the period of 45
minutes allowed for questions in terms of Standing Order 14.2.  The Depute Provost
clarified that he had, in terms of the same Standing Order, exercised his discretion to
extend the time for questions.  He also confirmed that the remaining questions and
responses, as circulated in advance of the meeting, would be taken as read and
included in the Minute.

Page 21

(16)  a question by Councillor Kerr to the Cabinet Member for Finance in the following
terms: 
“To ask the Cabinet Member for Finance what impact the current instability in economic
markets is having on the Council’s Capital Financing Requirement for the approved
Capital Programme, and what subsequent impact that will have on the Loans Fund
Principal Repayment?” 
The written response by the Cabinet Member for Finance was as follows: 
“Work to assess the affordability of the capital programme commenced in August of this
year. The anticipated cost of borrowing from the capital expenditure plans over the
duration of the capital programme to 2030/31 was based on advice from the Council’s
Treasury Management Advisors and was set at a flat 3.30% interest rate forecast
across the life of the plan. The general construct of this borrowing from the Public
Works Loans Board (PWLB) was based on a 20 Year Gilt yield at 2.50% plus 0.80% to
produce a PWLB Certainty rate of 3.30%. At this time, to support the current level of
capital investment and provide headroom of up to potentially £25 million of additional
cost pressures from the cost volatility in the construction sector, this required an
additional £5.550 million revenue investment to be added into the loans fund between
2023/24 to 2030/31.  From the events that followed the mini-budget announcement on
the 23 September 2022, the Council’s Treasury Management Advisors provided
updated PWLB rate forecasts of 5.05% for 2022/23, 4.80% for 2023/24 and 4.60% for
2024/25 onwards. The consequence of this increase was a change to the projected
financial position from a previously anticipated additional £5.550 million to £38 million
additional revenue investment required. There remains a level of turbulence around the
rates. On 28 September the PWLB certainty rate rose to 5.74%, however, the published
position at 25 October reflects a PWLB certainty rate of 4.74%. Work will continue with
our Treasury Advisors to update the forecasts and cost impacts.” 
(17)  a question by Councillor Billings to the Leader of the Council in the following
terms: 
“Will the Leader agree to organise a Members’ Update on the progress that KA Leisure
is making to refocus its activities on exercise as a means to aid health and wellbeing,
and to be less reliant on subsidy from North Ayrshire Council for its core exercise
facilities?”

Page 22

The written response by the Cabinet Member for Communities and Islands was as
follows: 
“The Leader will make arrangements for a Members’ Update on the progress that that
KA Leisure is making to refocus its activities on exercise as a means to aid health and
wellbeing in North Ayrshire. Regular updates are also part of the ongoing CPP Board
discussions and delivered through an annual Cabinet report which is scheduled for
annually for February 2022. Progress to date includes securing CPP Board support for
KAL to lead a Wellbeing Alliance to lead the delivery of the Wellbeing priority of the new
LOIP. KA Leisure continues to work towards recovering its business with its
membership now at just under 8000. Additional capacity for reviewing financial systems
and processes has been provided by the Council and this work is ongoing.” 
(18)  a question by Councillor Foster to the Leader of the Conservative and Unionist
Group in the following terms: 
“What does the Leader of the Conservative Group believe will have the worst impact on
North Ayrshire residents - the rise in mortgage repayments, the run on pension funds or
the imposition of austerity 2.0 arising from the Tories’ “mini-budget”?” 
The written response by the Leader of the Conservative and Unionist Group was as
follows: 
“Taking the points raised in reverse order: 
Austerity is a set of political economic policies that aim to reduce government budgets
deficits through spending cuts or tax increases. We will require to wait on the
Chancellor’s Budget later this month to determine what Austerity, if any, is needed.
Closer to home, the Council in setting its budget will need to practice Austerity by
cutting spending/employment or raising the Council Tax 
Pension Funds - The Times noted the other day that the economic and financial
situation has been transformed in a matter of days. The pound has recovered and is
even slightly above where it was before the mini budget, the prices of government
bonds are also higher and there is no run on pension funds.   
Mortgage Payments - Bank Rate has been below 1% for the last 13 years, is now at
2.25% and is likely to peak at around 5%. This increase is not unexpected and is a
result of the inflation in the UK of 10.1% caused by Covid support, energy payments,
war in Ukraine and other factors.  As a matter of interest, this rate is lower than the
Europe average and the 114% reported by our socialist comrades in Venezuela.  
Closer to home, it is clear that the socialist policies of the Labour Group have not found
favour with the North Ayrshire voters, who viewed the return of a Labour Administration
with disdain and ensured that they were returned with the lowest number of councillors
ever. In fact, one fewer than the 10 Conservative councillors.

Page 23

In 2010, Liam Byrne the former Labour Chief Secretary to the Treasury left a
note saying to the incoming Conservative Government, “Dear Chief Secretary, I am
afraid to tell you there is no money left.” 
So, we will take no criticism or lessons from the Labour Party.” 
(19)  a question by Councillor Marshall to the Cabinet Member for Education in the
following terms: 
“Does the Education Portfolio holder support the proposal in the Gender Recognition
Reform (Scotland) Bill as debated at Holyrood that will allow people as young as 16 to
legally change their gender?” 
The written response by the Cabinet Member for Education was as follows: 
“Yes, I support the proposal.” 
(20)  a question by Councillor McDonald to the Cabinet Member for Health and Social
Care in the following terms: 
“It has been reported that the Scottish Government want to “reclaim” reserves from
Health and Social Care Partnerships. Can the Cabinet Member tell us how much
funding for health and social care services in North Ayrshire could be grabbed back by
the Scottish Government under this move?” 
The written response by the Cabinet Member for Health and Social Care was as
follows: 
“At the end of February 2022, the Scottish Government wrote to Integration Joint
Boards to advise that significant additional funding was being made available to meet
Covid costs and the ongoing impact of the pandemic, this resulted in the North Ayrshire
IJB carrying forward an earmarked Covid reserve of £13.321m into 2022-23. 
This funding is to be utilised by Health and Social Care Partnerships to cover additional
Covid-19 related costs associated with delegated services, to support any loss of
income as a result of services being closed, and to support commissioned care
providers for additional costs incurred.  During 2022-23 the funding can only be utilised
to fund the same costs and areas which were funded in previous years and not any new
areas of expenditure. 
“At the end of February 2022, the Scottish Government wrote to Integration Joint
Boards to advise that significant additional funding was being made available to meet
Covid costs and the ongoing impact of the pandemic, this resulted in the North Ayrshire
IJB carrying forward an earmarked Covid reserve of £13.321m into 2022-23.

Page 24

This funding is to be utilised by Health and Social Care Partnerships to cover additional
Covid-19 related costs associated with delegated services, to support any loss of
income as a result of services being closed, and to support commissioned care
providers for additional costs incurred.  During 2022-23 the funding can only be utilised
to fund the same costs and areas which were funded in previous years and not any new
areas of expenditure. 
Further communication was issued by Scottish Government in September, noting that
“There have been a number of significant changes to Public Health policies in relation to
Covid over the summer, resulting in the profile of Covid spend reducing significantly
compared to when funding was provided to IJBs for Covid purposes. In response to this,
the Scottish Government will reclaim surplus Covid reserves to be redistributed across
the sector to meet current Covid priorities”. 
At the end of September, the projected utilisation of this funding by the HSCP for the
2022-23 financial year is £5.118m. This is significantly less than the previous two
financial years, due to a reduction in additional costs as well as the provision of new
funding by Scottish Government to support areas of additional expenditure which were
covered by the Covid funding in previous years, for example additional funding for
investment in Care at Home capacity.   
This underutilisation of Covid funding is consistent across all IJBs in Scotland. 
On this basis, it is anticipated that the amount reclaimed by Scottish Government from
North Ayrshire IJB would be £8.203m. 
The Scottish Government plan to retain this funding in the health and social care system
as Health Boards locally and nationally also continue to incur additional costs as a result
of the pandemic in services which are not delegated to IJBs and have not yet received
any additional funding to meet these in 2022-23.  The Covid funding which is reclaimed
from IJBs will be redistributed to Health Boards across Scotland, including NHS
Ayrshire and Arran, to meet these additional costs.” 
(21)  a question by Councillor Foster to the Leader of the Council in the following terms: 
“To ask the Council Leader whether they “detest the Tories”? 
The written response by the Leader of the Council was as follows: 
“I thank Councillor Foster for his question, which I assume is referring to a previous
comment made by the First Minister.  When asked if she would prefer a Labour or Tory
Government in Westminster, she commented that she “detested the Tories and
everything they stand for”.  I’m sure any sensible person would know she was referring
to Tory Governments and not to individuals or voters.  If Councillor Foster is asking me
if I share that view, then I think he knows the answer as does everyone else in this
Chamber.”

Page 25

In terms of Standing Order 6.8, the Depute Provost agreed that the meeting be
adjourned at 4.00 p.m. for a short comfort break.  The meeting reconvened at 4.20 p.m.
with the same Members and officers present and in attendance (as previously by
remote electronic means or in person). 
14. Motions 
In terms of Standing Order 15, submitted: 
(1) a motion proposed by Councillor McDonald and seconded by Councillor Kerr in
the following terms: 
“Council notes that there will be no Wrap, Run and Fun holiday meal and activity
programme over the October and festive holidays. Further notes that a voucher
replacement will be in place with values of £10 per week for the mainland and £20 for
the islands, which represents a 50% cut in the value of mainland vouchers when
compared to the voucher replacement scheme that operated during the Covid
pandemic. Council believes it would be unacceptable to cut school holiday meal support
by 50% during a cost-of-living crisis and therefore agrees to use £145,000 of
unearmarked reserves to increase the value of the voucher to reinstate the £20 per
week where the Wrap, Run and Fun programme cannot be provided vouchers for
children on the mainland during the October and festive holiday periods.” 
In the absence of Councillor Kerr, and in terms of Standing Order 15.1, Councillor
Foster agreed to second the above motion. 
The Depute Provost intimated that two amendments to this motion had been received,
both of which involved negation.  Given that the effect of the two amendments was the
same, Members were advised that the Depute Provost had, in terms of Standing Order
15.4, determined that only the first amendment received would be considered and
Councillor Marshall was duly invited to move his amendment. 
As an amendment, Councillor Marshall, seconded by Councillor T. Ferguson moved
that no action be taken to spend £145,000 of unearmarked reserves for the purpose
outlined in the Motion.” 
There followed debate and summing up. 
On a division and a roll call vote, there voted for the amendment, Councillors Billings,
Burns, Collier, Davidson, S. Ferguson, T. Ferguson, Gallacher, Glover, Gurney, Hill,
Inglis, Johnson, Larsen, Macaulay, Marshall, McClung, McLean, McTiernan, Murdoch,
Donald L. Reid, Robertson, Stalker and Stephen (23) and for the motion, Councillors
Bell, Cullinane, Foster, McDonald, McPhater, Montgomerie, Donald Reid and Sweeney
(8) and the amendment was declared carried.

Page 26

Accordingly, the Council agreed that no action be taken to spend £145,000 of
unearmarked reserves for the purpose outlined in the Motion.” 
Councillor Glover left the meeting immediately prior to the following item of business. 
(2) a motion proposed by Councillor Inglis and seconded by Councillor Glover in the
following terms: 
“Following the rejected bid for the STEP Fusion Plant at Ardeer Peninsula I move that
North Ayrshire Council records its regrets of the loss of millions of pounds of investment
and 4500 jobs that would have come to the area of Stevenston if Ardeer was the
winning bid and instructs the Chief Executive to write to the First Minister to ask her to
prioritise this Council area for inward Investment and to explain her Government’s
refusal to support nuclear energy as a dependable carbon free method of electricity
generation.” 
In the absence of Councillor Glover, and in terms of Standing Order 15.1, Councillor
Marshall agreed to second the motion. 
As an amendment, Councillor McDonald, seconded by Councillor McPhater, moved as
follows: 
“Following the rejected bid for the STEP Fusion Plant at Ardeer Peninsula I move that
Council records its disappointment at the UK Government’s decision to reject the Ardeer
STEP consortium bid for the UK’s fusion prototype plant. Council acknowledges that the
STEP project would have brought significant levels of investment to North Ayrshire,
creating thousands of high-skilled jobs to the area. 
Following the UK Government’s decision, Council agrees to: 
• Write to the UK and Scottish Government’s calling on them to prioritise North
Ayrshire for Government investment; 
• Bring a report to a future meeting of North Ayrshire Council to consider the future
potential for economic and social investment at Ardeer Peninsula, including in the
protection of the Peninsula’s rich biodiversity; and 
• Publish feedback from the UK Atomic Energy Authority, including a record of the
recent meeting between UKAEA officials and North Ayrshire Council.” 
At the invitation of the Depute Provost, the Monitoring Officer provided clarification that,
in terms of the final element of the amendment, only material which was not
commercially sensitive could be published in the event of the amendment being carried. 
Councillor Glover re-joined the meeting at this point.

Page 27

There followed debate and summing up. 
On a division and a roll call vote, there voted for the amendment, Councillors Bell,
Cullinane, Foster, McDonald, McPhater, Montgomerie, Donald Reid and Sweeney (8),
and for the motion, Councillors Billings, S. Ferguson, T. Ferguson, Gallacher, Glover,
Inglis, Marshall, McLean, Donald L. Reid, Stalker and Stephen (11), Councillors Burns,
Collier, Davidson, Gurney, Hill, Johnson, Larsen, Macaulay, McClung, McTiernan,
Murdoch and Robertson (12) abstaining, and the motion was declared carried. 
Accordingly, the Council agreed as follows: 
(a) that the Council record its regret at the loss of millions of pounds of investment
and 4500 jobs that would have come to the area of Stevenston if Ardeer had been
the winning bid; and 
(b) to instruct the Chief Executive to write to the First Minister to ask her to prioritise
this Council area for inward Investment and to explain her Government’s refusal to
support nuclear energy as a dependable carbon-free method of electricity
generation.” 
Councillor Donald L. Reid left the meeting at this point. 
Having declared an interest in the following item of business in his capacity as the
seconder of the motion, the Depute Provost intimated his intention to vacate the Chair
for the following item of business.  Prior to doing so, and in terms of Standing Order
6.8(iv), the Depute Provost invited the Council to appoint another Member of the
Council to assume the Chair.   
Councillor Burns, seconded by Councillor Cullinane, moved that Councillor Marshall
assume the Chair for the following item of business.  There being no amendment,
Councillor Marshall duly took the Chair. 
(3) a motion proposed by Councillor Kerr and seconded by Councillor Sweeney in the
following terms: 
“In light of allegations made in the BBC Scotland Disclosure episode, “The Great Ferries
Scandal”, which relates to the procurement of two ferries including the Glen Sannox,
Council instructs the Chief Executive to write to Chief Constable Sir Iain Livingstone of
Police Scotland, requesting that the force carries out a full and thorough investigation
into all aspects of the ferries procurement process. Council also instructs the Chief
Executive to request that all members of the Ardrossan Ministerial taskforce co-operate
fully with any investigation.” 
In the absence of Councillor Kerr, and in terms of Standing Order 15.1, Councillor
Foster agreed to propose the motion.

Page 28

As an amendment, Councillor Macaulay, seconded by Councillor Burns, moved as
follows: 
“In light of allegations made in the BBC Scotland Disclosure episode, “The Great Ferries
Scandal”, which relates to the procurement of two ferries including the Glen Sannox,
Council acknowledges serious concerns have been raised and remain concerned
regarding the delay in ferries becoming operational. Council notes that the police
operate independently from politics, and it is not for any politician to instruct
justice. Council agrees to cooperate fully if any future investigation were to take place." 
Members asked questions of clarification in respect of the motion and amendment. 
There followed debate and summing up. 
On a division and a roll call vote, there voted for the amendment, Councillors Burns,
Collier, Davidson, Gurney, Hill, Johnson, Larsen, Macaulay, McClung, McTiernan and
Robertson (11) and for the motion, Councillors Bell, Billings, Cullinane, S. Ferguson, T.
Ferguson, Foster, Gallacher, Glover, Inglis, Marshall, McDonald, McLean, McPhater,
Montgomerie, Murdoch, Donald Reid, Stalker, Stephen and Sweeney (19), and the
motion was declared carried. 
Accordingly, the Council agreed as follows: 
(a) that the Chief Executive write to Chief Constable Sir Iain Livingstone of Police
Scotland, requesting that the force carry out a full and thorough investigation into
all aspects of the ferries procurement process; and 
(b) the Chief Executive request that all members of the Ardrossan Ministerial
taskforce co-operate fully with any investigation. 
The Depute Provost then resumed the Chair for the remainder of the meeting. 
(4) a motion proposed by Councillor McDonald and seconded by Councillor McPhater
in the following terms: 
“Council notes recent analysis by the IFS that if benefits were uprated in line with
inflation next April they would still be 6% below their pre-pandemic levels due to a
below-inflation uprating in April 2022. 
Notes with concern that senior Conservative Government Ministers have refused to
commit to even uprating benefits in line with inflation this coming April. 
Council is concerned that the cost-of-living crisis will push more families in North
Ayrshire into poverty and believes that the value of benefits must be restored to pre-
pandemic levels to assist families with rising costs.

Page 29

Council therefore instructs the Chief Executive to write to the Chancellor of the
Exchequer calling on the UK Government to not only uprate benefits in line with inflation
but to fully restore their value by compensating for the 6% lost value from the April 2022
uprating.” 
There being no amendment, the motion was declared carried. 
(5) a motion proposed by Councillor Foster and seconded by Councillor McDonald in
the following terms: 
“Council acknowledges that Education Maintenance Allowance (EMA) provides financial
support to young people from low-income households to stay on in post-16 education. 
Council notes that the income thresholds for eligibility (£24,421 for households with one
dependent child and £26,884 for households with more than one dependent child) has
not been reviewed since 2016 nor has the EMA award been uprated (£30 per week per
eligible young person).  
Given the pressures on household budgets as a result of the cost-of- living crisis,
Council acknowledges that households above these income thresholds are increasingly
struggling financially. 
Council believes that the income thresholds for EMA and the award level should be
reviewed to ensure that young people are not prevented from continuing in post-16
education because of pressures on their household budgets. Council therefore instructs
the Chief Executive to write to the Deputy First Minister requesting that they increase
the income thresholds and the level of EMA in their upcoming budget.” 
As an amendment, Councillor Macaulay, seconded by Councillor Robertson, moved
that the Council approve the terms of the motion, subject to the addition of the following: 
"In additional Council notes that uptake of EMA has been historically low, and therefore
agrees to increase awareness of EMA through North Ayrshire Council communication
channels. Council also notes the success of young person travel scheme awareness
sessions, and requests similar events be organised to increase EMA take up." 
In terms of Standing Order 16.5, and with the agreement of his seconder, Councillor
Foster agreed to amend his motion to incorporate the additional elements contained in
the amendment.  There being no further amendment, the motion, as amended, was
declared carried.

Page 30

Accordingly, the Council agreed as follows: 
(a) to acknowledge that Education Maintenance Allowance (EMA) provided financial
support to young people from low-income households to stay on in post-16
education; 
(b) to note that the income thresholds for eligibility (£24,421 for households with one
dependent child and £26,884 for households with more than one dependent child)
had not been reviewed since 2016, nor had the EMA award been uprated (£30 per
week per eligible young person); 
(c) given the pressures on household budgets as a result of the cost-of- living crisis,
to acknowledge that households above these income thresholds were increasingly
struggling financially; 
(d) that the income thresholds for EMA and the award level should be reviewed to
ensure that young people were not prevented from continuing in post-16 education
because of pressures on their household budgets and instruct the Chief Executive
to write to the Deputy First Minister requesting that an increase in income
thresholds and the level of EMA in the upcoming budget; 
(e) noting that uptake of EMA had been historically low, that awareness of EMA be
increased through North Ayrshire Council communication channels; and 
(f) noting the success of young person travel scheme awareness sessions, that
similar events be organised to increase EMA take-up. 
(6) a motion proposed by Councillor McLean and seconded by Councillor Billings in
the following terms: 
“That the Council agrees to form a Member Officer Working Group to review the
operation of the Housing Allocation system.” 
As an amendment, Councillor Montgomerie, seconded by Councillor Foster (in the
absence of the original seconder, Councillor Kerr, and in terms of Standing Order 15.1),
moved as follows: 
“Council notes that a common housing register operates across all registered social
landlords in North Ayrshire, including North Ayrshire Council. Council agrees that a
short life working group consisting of Elected Members, RSL representatives and
Tenants representatives be convened to review the allocation policies that operate
within the common housing register.”

Page 31

On a point of order, Councillor Billings queried the competence of the amendment given
that it included a factual inaccuracy, namely that it asserted that a common register
operated across all registered social landlords in North Ayrshire, whereas a separate
register was operated by Trust Housing. 
The Monitoring Officer advised that the point highlighted was not sufficiently material to
invalidate the amendment and there may simply have been an oversight on the part of
the mover of the amendment. 
As a further amendment, Councillor Hill, seconded by Councillor Gurney, moved as
follows: 
“The Allocation Policy is scheduled for refresh and formal approval in early 2023.
Consultation with local elected members will once again play a significant role in any
changes that are proposed, prior to the refreshed policy being presented to the
Council’s Cabinet and RSL Boards. All of the NAHR partners are committed to involving
local elected members within the consultation process. Council agrees to accept a
presentation before Christmas on the current arrangements and proposals for the2023
review. 
Our island communities have specific issues and differences, and Council agrees to
establish a short-term Working Group to investigate and feed into the long-established
process with our RSL partners and ultimately report to them and to Council on housing
needs and issues on our islands." 
In terms of Standing Order 16.5, and with the agreement of his seconder, Councillor
McLean agreed to withdraw his motion in favour of Councillor Hill’s amendment.  The
amendment by Councillor Montgomerie, seconded by Councillor Foster, became the
substantive motion. 
There followed debate and summing up. 
On a division and a roll call vote, there voted for the amendment, Councillors Billings,
Burns, Collier, Davidson, S. Ferguson, T. Ferguson, Gallacher, Glover, Gurney, Hill,
Inglis, Johnson, Larsen, Macaulay, Marshall, McClung, McLean, McTiernan, Murdoch,
Robertson, Stalker and Stephen (22), and for the substantive motion, Councillors Bell,
Cullinane, Foster, McDonald, McPhater, Montgomerie, Donald Reid and Sweeney (8),
and the amendment was declared carried. 
Accordingly, the Council agreed to accept a presentation before Christmas 2022 on the
current arrangements and proposals for the 2023 review of the Housing Allocation
Policy. 
Councillor Glover left the meeting during following item of business.

Page 32

(7) a motion proposed by Councillor McLean and seconded by Councillor Gallacher in
the following terms: 
“Council agrees to the creation of a Member Officer working group to look into the
current and historic issues in the Dundonald Camp/Auchengate area to take a paper to
Cabinet acknowledging these issues and attempt to find positive solutions.” 
As an amendment, Councillor Larsen, seconded by Councillor Collier, moved direct
negative. 
Members asked a question of clarification of the mover of the motion. 
There followed debate and summing up. 
On a division and a roll call vote, there voted for the amendment, Councillors Burns,
Collier, Davidson, Gurney, Hill, Johnson, Larsen, Macaulay, McClung, McTiernan and
Robertson (11) and for the motion, Councillors Bell, Billings, Cullinane, S, Ferguson, T.
Ferguson, Foster, Gallacher, Inglis, Marshall, McDonald, McLean, McPhater,
Montgomerie, Murdoch, Donald Reid, Stalker, Stephen and Sweeney (18), and the
motion was declared carried. 
Accordingly, the Council agreed: 
(a)  to approve the creation of a Member Officer working group to look into the current
and historic issues in the Dundonald Camp/Auchengate area; and 
(b) that a paper be submitted to Cabinet acknowledging these issues and attempting
to find positive solutions.” 
15. Urgent Item 
In terms of Standing Order 10.8, the Depute Provost agreed that the undernoted motion
be considered as an urgent item on the basis that the fund in question had been
launched and that consideration could not, therefore, be postponed to the next ordinary
meeting of the Council.

Page 33

15.1  Motion 
A motion, proposed by Councillor McDonald, seconded by Councillor McPhater: 
"Council notes the launch of the Energy Smart Emergency Fund earlier this week.
Further notes that people in receipt of benefits are not eligible to access the fund. In
practice, this has prevented low-income households who are in work but in receipt of
universal credit to top-up their incomes, from making an application. Council is
concerned that a blanket ban on households in receipt of payments could also hit
pensioners including those on pension credit and unpaid carers on Carers Allowance.
Council therefore instructs officers to review the eligibility criteria of the fund as a matter
of urgency and report back to elected members at the earliest opportunity.” 
On a point of order, Councillor Gurney queried the factual accuracy of the assertion
within the motion that those in receipt of benefits were not eligible to access the fund. 
In terms of Standing Order 6.8, the Depute Provost agreed that the meeting be
adjourned at 5.50 p.m. to allow advice and clarification to be sought on the terms of the
motion.  The meeting reconvened at 5.55 p.m. with the same Members and officers
present and in attendance (as previously by remote electronic means or in person). 
In terms of Standing Order 16.5, Councillor McDonald, as the mover of the motion and
with the agreement of his seconder, agreed to withdraw his motion following the
provision of clarification on the eligibility criteria for the Fund. 
The Chief Executive intimated that the Council’s communication on the Energy Smart
Emergency Fund would be updated to ensure that constituents were able to access
support and be directed to the most appropriate fund to help with their energy needs. 
16. Depute Provost’s Closing Remarks 
The Depute Provost closed the meeting by thanking Members for their participation. 
The meeting ended at 6.00 p.m.