Agenda Document Pack - South Lanarkshire Council - 28/09/2022
South Lanarkshire Council · 28 September 2022
Back to South Lanarkshire Council — 28 September 2022 and its agenda
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Council Offices, Almada Street Hamilton, ML3 0AA Tuesday, 20 September 2022 Dear Councillor South Lanarkshire Council The Members listed below are requested to attend a meeting of the Council to be held as follows:- Date: Wednesday, 28 September 2022 Time: 10:00 Venue: Hybrid - Council Chamber, Council Offices, Almada Street, Hamilton, ML3 0AA The business to be considered at the meeting is listed overleaf. Yours sincerely Cleland Sneddon Chief Executive Members Margaret Cooper (Provost), Bert Thomson (Depute Provost), Alex Allison, John Anderson, Ralph Barker, John Bradley, Walter Brogan, Robert Brown, Archie Buchanan, Mathew Buchanan, Janine Calikes, Andy Carmichael, Maureen Chalmers, Ross Clark, Gerry Convery, Poppy Corbett, Andrea Cowan, Margaret Cowie, Maureen Devlin, Colin Dewar, Mary Donnelly, Joe Fagan, Allan Falconer, Grant Ferguson, Gladys Ferguson-Miller, Elise Frame, Alistair Fulton, Ross Gowland, Geri Gray, Lynsey Hamilton, Celine Handibode, Graeme Horne, Mark Horsham, Martin Hose, Cal Johnston-Dempsey, Gavin Keatt, Susan Kerr, Ross Lambie, Martin Lennon, Richard Lockhart, Eileen Logan, Katy Loudon, Hugh Macdonald, Julia Marrs, Monique McAdams, Ian McAllan, Catherine McClymont, Kenny McCreary, Lesley McDonald, Elaine McDougall, Mark McGeever, Davie McLachlan, Richard Nelson, Carol Nugent, Norman Rae, Mo Razzaq, Kirsten Robb, John Ross, Dr Ali Salamati, Graham Scott, David Shearer, Helen Toner, Margaret B Walker, David Watson 1
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BUSINESS 1 Minute’s Silence and Condolences Following the Death of Her Majesty Queen Elizabeth II 2 Declaration of Interests 3 Minutes of Previous Meeting Minutes of the meeting of South Lanarkshire Council held on 15 June 2022 submitted for approval as a correct record. (Copy attached) 3 - 16 Item(s) for Decision 4 Recommendation Referred by Executive Committee - Annual Investment Report 2021/2022 Report dated 21 September 2022 by the Chief Executive. (Copy to follow) 5 Notice of Motion - Flagpoles at Council Headquarters Motion received in terms of Standing Order No. 20 on 24 August 2022, proposed by Councillor McCreary and seconded by Councillor Rae. (Copy attached) 17 - 18 6 Notice of Motion - Menstruation Support Motion received in terms of Standing Order No. 20 on 12 September 2022, proposed by Councillor Marrs and seconded by Councillor Donnelly. (Copy attached) 19 - 20 7 Notice of Motion - Enabling 'Warmbanks' Across South Lanarkshire Motion received in terms of Standing Order No. 20 on 12 September 2022, proposed by Councillor Marrs and seconded by Councillor Chalmers. (Copy attached) 21 - 22 8 Notice of Motion - Investing South Lanarkshire Money for Positive Change Motion received in terms of Standing Order No. 20 on 12 September 2022, proposed by Councillor Robb and seconded by Councillor Fagan. (Copy attached) 23 - 24 Urgent Business 9 Urgent Business Any other items of business which the Provost decides are urgent. For further information, please contact:- Clerk Name: Susan Somerville Clerk Telephone: 07557323097 Clerk Email: susan.somerville@southlanarkshire.gov.uk 2
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SOUTH LANARKSHIRE COUNCIL Minutes of the meeting held via Microsoft Teams and the Banqueting Hall on 15 June 2022 Chair: Provost Margaret Cooper Councillors Present: Councillor Alex Allison, Councillor John Anderson, Councillor Ralph Barker, Councillor John Bradley, Councillor Walter Brogan, Councillor Robert Brown, Councillor Archie Buchanan, Councillor Mathew Buchanan, Councillor Janine Calikes, Councillor Andy Carmichael, Councillor Maureen Chalmers, Councillor Ross Clark, Councillor Gerry Convery, Councillor Andrea Cowan, Councillor Margaret Cowie, Councillor Cal Dempsey, Councillor Maureen Devlin, Councillor Colin Dewar, Councillor Mary Donnelly, Councillor Joe Fagan, Councillor Allan Falconer, Councillor Grant Ferguson, Councillor Gladys Ferguson-Miller, Councillor Elise Frame, Councillor Alistair Fulton, Councillor Ross Gowland, Councillor Geri Gray, Councillor Lynsey Hamilton, Councillor Celine Handibode, Councillor Graeme Horne, Councillor Mark Horsham, Councillor Martin Hose, Councillor Gavin Keatt, Councillor Susan Kerr, Councillor Ross Lambie, Councillor Martin Lennon, Councillor Richard Lockhart, Councillor Eileen Logan, Councillor Katy Loudon, Councillor Hugh Macdonald, Councillor Julia Marrs, Councillor Monique McAdams, Councillor Ian McAllan, Councillor Catherine McClymont, Councillor Kenny McCreary, Councillor Lesley McDonald, Councillor Elaine McDougall, Councillor Mark McGeever, Councillor Davie McLachlan, Councillor Richard Nelson, Councillor Carol Nugent, Councillor Norman Rae, Councillor Mo Razzaq, Councillor Kirsten Robb, Councillor John Ross, Councillor Dr Ali Salamati, Councillor Graham Scott, Councillor David Shearer, Councillor Bert Thomson (Depute), Councillor Helen Toner, Councillor Margaret B Walker, Councillor David Watson Councillor’s Apology: Councillor Poppy Corbett Chief Executive’s Service C Sneddon, Chief Executive Community and Enterprise Resources D Booth, Executive Director Education Resources T McDaid, Executive Director Finance and Corporate Resources P Manning, Executive Director; N Docherty, Administration Assistant; T Little, Head of Communications and Strategy; P MacRae, Administration Adviser; G McCann, Head of Administration and Legal Services; K McVeigh, Head of Personnel Services; S Somerville, Administration Manager Housing and Technical Resources D Lowe, Executive Director Social Work Resources/Health and Social Care S Sengupta, Director, Health and Social Care 1 Sederunt and Declaration of Interests No interests were declared. 2 Minutes of Previous Meeting The minutes of the statutory meeting of South Lanarkshire Council held on 18 May 2022 were submitted for approval as a correct record. 3 3
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The Chief Executive advised that there was a typographical error at Item 5 of the minutes under Leader’s Remarks in that it was the Provost and not the Leader who had invited Councillor Ross to speak. The Council decided: that the minutes be approved as a correct record, subject to it being reflected that it was the Provost and not the Leader who had invited Councillor Ross to speak. 3 The Council Plan Connect 2022 to 2027 and the South Lanarkshire Community Plan 2022 to 2032 A report dated 17 May 2022 by the Executive Director (Finance and Corporate Resources) was submitted on the draft Council Plan 2022 to 2027 and the draft Community Plan 2022 to 2032. The Council Plan, Connect, was the key strategic document that shaped the work of the Council. It set out the outcomes to be delivered over 5 years, around a long-term vision supported by core values and priorities that influenced how the Council worked. Those, in turn, were embedded into all annual Resource Plans through what was known as the ‘golden thread’. Following recommendations from the Council’s Best Value Assurance Review (BVAR), the mid- term review of the last Council Plan, conducted in 2019, had led to it being simplified and strengthened the links between it and the Community Plan. As part of the BVAR, Audit Scotland also required the Council to concentrate more on involving the community in decision-making through community engagement. With the Council Plan approaching the end of its 5-year term, a new plan had been developed for the period 2022 to 2027. In July 2020, the Community Planning Partnership (CPP) Board agreed that a full review of the Community Plan should be undertaken to ensure that the priorities for the work of the Partnership had been informed by local communities. In line with the BVAR recommendations, and to further align the work of the Council and the Partnership, those 2 exercises were undertaken as a joint review of the Council Plan and the Community Plan. Details of engagement with elected members and the consultation undertaken with the public were provided. Over 3,300 responses had been received to the open-question survey and initial examination of the responses had identified themes around Education and Learning, Communities and Environment, Health Inequalities, Housing and Land, Children and Young People, and Our Economy. In-depth analysis of this feedback helped shape a further phase of engagement when ‘Community Conversation’ focus groups took place, involving 200 residents taking part in 27 group conversations. Analysis of the community responses identified the following 3 cross-cutting themes:- People (in particular, the impact of poverty and inequalities) Progress (in particular, recovery from the pandemic) Planet (in particular, sustainable development) Further analysis resulted in the following 6 outcomes being identified for the Council Plan and the Community Plan:- Communities and Environment Caring, connected, sustainable communities Education and Learning Inspiring learners, transforming learning, strengthening partnerships 4
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Health and Wellbeing People live the healthiest lives possible Children and Young People Our children and young people thrive Housing and Land Good quality, suitable and sustainable places to live Our Economy Thriving business, fair jobs and vibrant town centres As well as sharing the same vision, priorities and outcomes, the Council Plan and Community Plan had a broadly shared structure and were written in plain English. The fully designed draft Council Plan, Connect 2022 to 2027, was attached as Appendix 1 to the report. A final draft of the text of the Community Plan 2022 to 2032 was attached for noting as Appendix 2 to the report. This would be presented to the CPP Board for approval on 22 June 2022. Once approved, the Council Plan would be made available on the Council’s website and widely publicised across all the Council’s communications channels. It was highlighted that a further public consultation exercise was underway so the draft plans could be tested with communities, partners and stakeholders. This was to ensure both plans accurately represented the needs and aspirations of South Lanarkshire communities. If this further consultation led to anything other than minor changes, then the Council Plan would be brought back to Council to allow elected members to consider those. Progress of annual Resource Plans was monitored through a number of performance measures that were reported to relevant Resource committees. Reports were also presented to the Performance and Review Scrutiny Forum covering the period up to the end of Quarter 2 and Quarter 4 each year. Those progress reports were also published to allow for wider public scrutiny. In responding to members’ questions, the Head of Communications and Strategy advised that, in conjunction with Education Resources’ colleagues, his team had developed particular tools to engage with young people and had made the information more accessible by the use of infographics and communication via social media. Tools had also been developed for users of British Sign Language. In terms of monitoring, he confirmed that there was an annual review of Resource Plans and, similar to previous arrangements, a mid-term review of the Council Plan would be undertaken. Councillor Fagan thanked those who had shaped the Plan, including those from the previous Council term and over 3,000 respondents who had engaged in the process. He commended the direction and values in the new Connect and invited the whole Council to support its approval. The Council decided: (1) that the Council Plan for 2022 to 2027 be approved; and (2) that the Community Plan for 2022 to 2032 be noted. 4 Council Priorities and Work Programme 2022 to 2027 A report dated 24 May 2022 by the Chief Executive was submitted providing a summary of the Council’s political priorities and work programme following the Local Government Elections. 5
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Following the Local Government Elections, a new minority Administration was formed following a Labour/Liberal Democrat/Independent agreement to work in partnership. The top objectives of the partnership were as follows:- sustainable economic recovery sustainable income generation and financial resilience action on climate change The Administration aimed to secure South Lanarkshire’s place as one of the best councils in Scotland for the delivery of key public services and opportunities for communities. The priorities outlined by the new Administration would inform an initial programme of areas of work to be targeted by the Council over the current Council term. Those were presented in the report under 3 over-arching themes of People, Places and Planet, which articulated with and reflected the themes in the new Council Plan, Connect 2022 to 2027. Subject to the Council’s agreement of the programme of work, officers would conduct further community consultation on specific initiatives to deliver on those priorities and report the feedback to the December 2022 Council meeting. Each Resource would thereafter seek to take those forward as appropriate, with Executive Directors acting in consultation with the policy leads. Specific projects and proposals would be brought to the relevant committees for approval. In addition to the above consultation activities, an ‘Ideas Letterbox’ would be developed on the Council website. This would be promoted using communications channels to encourage the public to share ideas on how to improve South Lanarkshire. Councillor Fagan spoke on key aspects of the work programme, including increasing the number of bus pass applications to assist with climate change initiatives, supporting the principles of fair tax and the launch of the Platinum Jubilee Awards to recognise those who had contributed to their communities over the past 70 years. He responded to members’ questions and advised of the Administration’s ambition, based on the partnership policy programme, to be an innovative and progressive council which invited constructive input from other Groups. The Council decided: (1) that the summary of the Council’s political priorities and work programme, following the Local Government Elections, be noted; (2) that officers conduct further community consultation on specific initiatives to deliver on those priorities and report the feedback received to the December 2022 Council meeting; and (3) that it be noted that Executive Directors and officers across Resources would thereafter work with policy leads to bring forward projects and initiatives to be delivered during the term of this Council. 5 2023/2024 Revenue Budget A report dated 1 June 2022 by the Executive Director (Finance and Corporate Resources) was submitted on the budget position for 2023/2024. In 2018, a report submitted to Executive Committee had included a high level Strategy for the financial year 2023/2024. This had been revised to take account of known changes, including the Loans Fund Review. A further version of the 2023/2024 budget had been included in an appendix to the 2022/2023 Revenue Budget report submitted to Council in February 2022. 6
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The current report highlighted the potential budget gap for 2023/2024 and included estimates of Government Grant levels, requirements for revenue expenditure items, corporate solutions for consideration and the level of savings required to balance the budget for that year. A further budget strategy report would be brought back to members after the recess which would include a longer-term outlook, reserves position, as well as information on financial resilience. Given the current economic climate and the cost of living pressures being experienced, the revenue expenditure items were split into the core expenditure items and also the exceptional spend items, which were in excess of items or levels of budget increase that would typically have to be provided for. Those exceptional items had a significant financial impact for the Council. Table 1 showed the core Budget Strategy items totalling £22.221 million. The grant assumption into 2023/2024 was a reduction of 1%. It was highlighted that the Scottish Government’s Spending Review was published on 31 May 2022. This maintained the level of General Revenue Grant, Non-Domestic Rates Income and Specific Resource Grants between 2023/2024 and 2025/2026. An amount of £100 million was added in 2026/2027. The Spending Review also baselined the £120 million added during the 2022/2023 Budget Bill process. This should improve the Council’s budget strategy position for 2023/2024 in terms of ‘Grant Movement’ expectations. However, at this point in time, there remained the need for further information on the Spending Review and for further analysis to be carried out. For that reason, at the current time, the figures within the strategy would remain as per Table 1 at paragraph 4.2 of the report until there was further clarity in terms of the detail of the Spending Review. The current economic climate and the cost of living/inflationary pressures being experienced were having a significant impact on some of the Council’s key spending areas. Those were over and above the core increases as shown in Table 1. Those exceptional budget pressures, totalling £15.320 million, were summarised in Table 2 of the report and detailed in Appendix 2. Taking into account Core Budget Strategy Items (Table 1, £22.221 million) and the Exceptional Budget Strategy Items (Table 2, £15,230 million), gave a total budget gap of £37.541 million. In order to address this budget gap, corporate solutions, totalling £5.064 million, had been identified, as summarised in Table 3 and detailed in Appendix 3 to the report. Comparing this to the budget gap of £37.541 million, meant that this would reduce the core savings requirement to £32.477 million in 2023/2024. This savings gap was substantial and not a normal budget position, therefore, potentially, difficult decisions would need to be made. The Exceptional Items included the main areas for inflation, such as utilities, PPP and waste. However, it was difficult to estimate the extent of inflation on other Council budgets. Consideration might have to be given to the timing of spend and the choices being made in terms of how services were delivered. A lever available to the Council in managing its overall budget position and any budget gap was the ability to increase Council Tax. Each 1% increase in Band D would generate successive amounts of £1.452 million. It was noted that, in arriving at the budget gap of £32.477 million, no account had been taken of any potential increase in Council Tax. The Council’s Budget Strategy for 2023/2024 assumed no additional allocation of monies from the Council to the Integration Joint Board (IJB) or South Lanarkshire Leisure and Culture Trust (SLLCT). This reflected the approach taken in 2022/2023 where the base Budget Strategy assumed that the Council did not allocate any additional monies to the IJB or SLLCT and, as part of that year’s budget strategy, did not request a contribution to a savings exercise from those bodies. 7
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In relation to the IJB, any increasing costs experienced by the IJB would require to be funded by Government monies or by efficiencies identified within the operations of the IJB. Any efficiency savings identified would require to be approved by the IJB. Any additional monies allocated to the Council specifically for social care, as part of the Government Grant award, would continue to be passed directly to the IJB. It was proposed that options to meet the budget gap would be developed by officers for members’ consideration at a future meeting. Officers would also look at the level of reserves held, which might contribute to reduce the budget gap but only on a temporary basis. It was acknowledged that use of reserves was a short-term measure and would not remove the underlying need to make permanent savings. Some of the corporate solutions included in the Budget Strategy were temporary in nature and, as such, would have an impact on the following year’s Budget. It was, therefore, proposed that any temporary solutions used in 2023/2024 be considered again once the Government Grant level was known later in financial year 2022/2023. The Council had been party to discussions between COSLA, Directors of Finance and the Scottish government over the past 2 years on Service Concessions. This related to how the costs of Public Private Partnership (PPP) schools could be better matched to the expected useful lives of the schools and a financial benefit that would arise for councils as a result. The Scottish Government had indicated, as part of the Spending review correspondence, that this change would be accessible to councils. Details of what this concession would mean to the Council in financial terms required to be developed. However, the change on Service Concessions was conditional on an independent review being commissioned by the Scottish Government on capital accounting. This review had the potential to deliver outcomes which would have a negative financial impact which could outweigh the benefit gained from Service Concessions. For those reasons, nothing had been reflected in the 2023/2024 financial strategy in relation to Service Concessions. Councillor Fagan referred to the extremely challenging financial situation and advised that he had written to the Cabinet Secretary of Finance to express his serious concerns. In response to Councillor Robb’s question of what further plans the Council had to generate clean energy from Council land and buildings, Councillor Fagan confirmed this was one of the areas identified for development, not just by reducing energy costs but by generating income through renewables. The Executive Director (Finance and Corporate Resources) responded to members’ questions in terms of the PPP contract and the level of support to the IJB and SLLC. He also confirmed that all items relating to the increased level of inflation were included in the Risk Register and the Council would be mindful of the PPP element within that. The Council decided: (1) that the Revenue Budget position for 2023/2024, resulting in a budget gap of £37.541 million before corporate solutions be noted; (2) that the corporate solutions for 2023/2024, resulting in a revised budget gap of £32.477 million, be noted; and (3) that options to meet the budget gap be developed for members’ consideration and brought back to a future meeting. [Reference: Minutes of 23 February 2022 (Paragraph 2)] In terms of Standing Order No 14, the Provost adjourned the meeting during this item of business at 11.03am and reconvened at 11.15am. Councillor McDonald was not present when the meeting reconvened but re-entered the meeting at 11.30am 8
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6 Sustainable Development and Climate Change Strategy 2022 to 2027 A report dated 18 May 2022 by the Executive Director (Community and Enterprise Resources) was submitted on the development of the Sustainable Development and Climate Change Strategy (SDCCS) 2022 to 2027. In September 2020, the Climate Change and Sustainability Committee approved the development of the next SDCCS for the period 2022 to 2027. It was agreed that the Strategy should set out how the Council aimed to develop sustainably and tackle climate change over that period as well as providing a broad strategic direction for longer term planning to help to deliver on agreed outcomes and contribute to achieving the longer-term vision. An internal workshop, 9 online community engagement focus groups and responses to an online survey helped shape the vision and themes of the Strategy. The Strategic Environment Assessment was finalised in January 2021 and, along with the draft SDCCS, went out for public consultation from 1 February to 15 March 2022. Details of the stakeholders were provided in paragraph 3.5 of the report. All of the comments from the public consultation had been reviewed and, where appropriate, incorporated into the final draft which was attached as Appendix 1 to the report. It was proposed that the new Strategy would be web-based and published on the Council website. The content of the web-based pages would be reviewed every 6 months to ensure that the content was as up-to-date and relevant as possible. Work would continue across the Council to develop the accompanying action plan which would be reviewed annually and reported to the Climate Change and Sustainability Committee on a 6-monthly basis. It was noted that the Equality Impact Assessment was currently being drafted and would be shaped by the outcomes from a series of community engagement sessions taking place in June 2022. Councillor Robb commended the work of the team and, in response to her question on whether the Council was still committed to meeting or exceeding national targets, the Executive Director (Community and Enterprise Resources) advised that the Action Plan would provide specific details on how the Council planned to meet its statutory requirements. He confirmed that work was ongoing across a range of Council services, particularly in relation to buildings and fleet. Councillor Clark, on behalf of his Group, wished to thank officers for their hard work as well as the public for engaging in the process. He asked that members promote tomorrow’s ‘Clean Air Day’. Councillor McGeever, as Chair of the Climate Change and Sustainability Committee, referred to people being more aware of climate change issues over recent years and a widespread acceptance of the need to change. He acknowledged the input of the previous Administration, including Councillor Ross as the previous Chair of the Committee, and expressed his intention to work with all parties to strengthen the Green Economy and create new jobs. The Council decided: that the final draft of the Sustainable Development and Climate Change Strategy and the proposed vision, themes and priorities be approved. [Reference: Minutes of Climate Change and Sustainability Committee of 17 September 2020 (Paragraph 2)] 7 South Lanarkshire Council Digital Strategy 2022 to 2027 A report dated 25 May 2022 by the Executive Director (Finance and Corporate Resources) was submitted on the Council’s new Digital Strategy for 2002 to 2027. 9
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The Council was in the process of investing heavily in IT and digital solutions to deliver both efficiencies and improved services. The current programme of work was outlined in paragraph 3.1 of the report. To deliver those new solutions cost effectively and at pace, the Council was partnering with many organisations across the public sector, including NHS, Scottish Government, COSLA, the Digital Office and SOCITM (Society of IT Managers). The Council’s current Digital Strategy was supplemented by a Digital Inclusion Strategy which was introduced in 2020. The latter document focused on ensuring that the Council had an action plan in place to tackle digital exclusion which could lead to social and financial disadvantage for citizens. The Digital Strategy required to be renewed to bring it up-to-date, taking account of changing Council requirements and the latest developments in technology. A copy of the draft Strategy, which was aligned with the draft Council Plan and the national digital strategy, was attached as an appendix to the report. Tackling digital inclusion had been embedded within the core document. The main section of the Strategy considered thematic areas where it was anticipated that programmes of work would be taken forward comprising multiple related projects over the duration of the Strategy. Many of those were directly related to Digital Office programmes of work where the Council was actively participating. As well as describing each theme and related benefits, key deliverables were listed. The Executive Director (Finance and Corporate Resources) and Head of IT responded to members’ questions in terms of the Councillors’ Case Management System (CCMS), enterprise architecture, engagement with the public, accessibility/inclusivity, data security compliance and cyber security. In response to Councillor Donnelly’s question in terms of continuing with hybrid meetings going forward, the Chief Executive advised that the Council had agreed to retain provision for hybrid meetings, however, was still mindful in terms of public health advice. The Provost confirmed that the issues raised in terms of what was viewed when the Interpreters were speaking would be addressed for future meetings. The Provost, seconded by Councillor Fagan, moved that the Council’s Digital Strategy 2022 to 2027 be approved. Councillor Ferguson-Miller, seconded by Councillor Horsham, moved the following as an amendment to the recommendations detailed in the report, together with an explanation of the reasons for the amendment:- “(1) that the SLC Digital Strategy for 2022 to 2027 is deferred to a future meeting and amended to ensure plain English is used where applicable and the glossary reflect the Technology terms discussed in the document. (2) that a Digital Board is created for Elected Members to monitor the progress of the implementation of the Digital direction proposed in the strategy document.” Councillor Fagan advised that he did not consider the amendment necessary but did accept the inclusion of a glossary would be beneficial. Councillor Ferguson-Miller indicated that she wished to continue with her amendment as she considered it was important to establish a Digital Board. 10
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On a vote being taken by roll call, members voted as follows:- Motion Alex Allison, Ralph Barker, Walter Brogan, Robert Brown, Andy Carmichael, Gerry Convery, Margaret Cooper, Margaret Cowie, Maureen Devlin, Joe Fagan, Allan Falconer, Ross Gowland, Lynsey Hamilton Celine Handibode, Martin Hose, Gavin Keatt, Susan Kerr, Ross Lambie, Martin Lennon, Richard Lockhart, Eileen Logan, Catherine McClymont, Kenny McCreary, Lesley McDonald, Mark McGeever, Davie McLachlan, Richard Nelson, Norman Rae, Mo Razzaq, Graham Scott, Bert Thomson, Margaret B Walker, David Watson Amendment John Anderson, John Bradley, Archie Buchanan, Janine Calikes, Maureen Chalmers, Ross Clark, Andrea Cowan, Cal Dempsey, Colin Dewar, Mary Donnelly, Grant Ferguson, Gladys Ferguson- Miller, Elise Frame, Alistair Fulton, Geri Gray, Graeme Horne, Mark Horsham, Katy Loudon, Hugh Macdonald, Julia Marrs, Ian McAllan, Elaine McDougall, Carol Nugent, Kirsten Robb, John Ross, Dr Ali Salamati, David Shearer, Helen Toner Abstained Mathew Buchanan, Monique McAdams 33 members voted for the motion, 28 for the amendment and 2 abstained. The motion was declared carried. The Council decided: that the Council’s Digital Strategy for 2022 to 2027 be approved and a glossary of technology terms be produced. In terms of Standing Order No 14, the Provost adjourned the meeting during this item of business at 12.30pm and reconvened at 12.48pm 8 South Lanarkshire Draft Economic Strategy A report dated 30 May 2022 by the Executive Director (Community and Enterprise Resources) was submitted on the draft South Lanarkshire Economic Strategy. ‘Promote’, an economic strategy for South Lanarkshire 2013 to 2023, had been a key document in the promotion and development of the South Lanarkshire economy over the last 10 years. As the landscape in which we now lived and worked had changed drastically since 2013, it was considered appropriate to set out the Council’s ambitions and actions for growth in a new 5-year Economic Strategy. The new Economic Strategy and associated Action Plan, attached as appendices to the report, had been drafted to take account of a rapidly changing economy at international, national and local levels which was increasingly influenced by a number of key economic policies and emerging funding streams at UK Government, Scottish Government and City Region level. Consultation had been undertaken with partners and stakeholders, both within and outwith the Council, and it was proposed that an online public consultation exercise take place during July and August 2022. It was intended that progress in delivering the action plan would be measured on a 6-monthly basis, with results reported annually to the relevant committees. The Executive Director (Community and Enterprise Resources) responded to members’ questions in terms of engaging with the business community and recognising the importance of transport links, particularly in rural areas. 11
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The Council decided: (1) that the draft South Lanarkshire Economic Strategy and Action Plan be approved; and (2) that the draft South Lanarkshire Economic Strategy be subject to a further online public consultation exercise during July and August 2022. 9 South Lanarkshire Council and South Lanarkshire Leisure and Culture Limited – New Governance Arrangements A report dated 31 May 2022 by the Executive Director (Community and Enterprise Resources) was submitted on the completion of the transition to the proposed new governance arrangements between the Council and South Lanarkshire Leisure and Culture Limited (SLLC). One of the outcomes of the Cross Party Working Group review of SLLC was that the Council and SLLC work together to develop a new, modernised governance model to be agreed by both parties. The proposed governance arrangements between the Council and SLLC, including SLLC converting to a Scottish Charitable Incorporated Organisation (SCIO), were approved by the Council on 23 June 2021. Final transition arrangements, including a new constitution, were agreed by SLLC at its Board meeting of 23 February 2022. The Council’s legal representatives and SLLC’s legal representatives had completed final details in preparation for submission of the document to the Office of the Scottish Charity Regulator (OSCR) and the proposed constitution was attached as Appendix 1 to the report. Once approved, officers would commence the transition process and it was hoped this could be completed by August 2022. Existing external SLLC Board members would automatically transition to the new SCIO and elected representatives had been nominated onto the Board following the Local Government Elections. Recruitment of an independent Chair of the Board and other Board members, as required, would be undertaken between June and August 2022. Following discussions, in which the Executive Director (Community and Enterprise Resources) responded to members’ questions, the Provost, seconded by Councillor Fagan, moved the recommendations in the report. Councillor Lambie, seconded by Councillor Nelson, moved as an amendment that the quorum for the Board be changed from 5 to 7 and Clause 113 of the constitution be updated accordingly. Prior to the vote, the Provost reminded members that any decision taken by the Council would have to be referred back to the SLLC Board for its approval. On a vote being taken by roll call, members voted as follows:- Motion John Anderson, Ralph Barker, John Bradley, Walter Brogan, Robert Brown, Matthew Buchanan, Janine Calikes, Andy Carmichael, Maureen Chalmers, Ross Clark, Gerry Convery, Margaret Cooper, Andrea Cowan, Margaret Cowie, Cal Dempsey, Maureen Devlin, Colin Dewar, Mary Donnelly, Joe Fagan, Allan Falconer, Grant Ferguson, Gladys Ferguson-Miller, Elise Frame, Alistair Fulton, Ross Gowland, Geri Gray, Lynsey Hamilton, Celine Handibode, Graeme Horne, Mark Horsham, Gavin Keatt, Susan Kerr, Eileen Logan, Katy Loudon, Hugh Macdonald, Julia Marrs, Monique McAdams, Ian McAllan, Catherine McClymont, Lesley McDonald, Elaine McDougall, Mark McGeever, Carol Nugent, Norman Rae, Mo Razzaq, Kirsten Robb, John Ross, Dr Ali Salamati, Graham Scott, David Shearer, Bert Thomson, Helen Toner, Margaret B Walker, David Watson 12
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Amendment Alex Allison, Martin Hose, Ross Lambie, Richard Lockhart, Kenny McCreary, Richard Nelson 54 members voted for the motion and 6 for the amendment. The motion was declared carried. The Council decided: (1) that the constitution, as attached as Appendix 1 to the report, to complete the transition of South Lanarkshire Leisure and Culture from a charitable company limited by guarantee to a Scottish Charitable Incorporated Organisation (SCIO) be approved; and (2) that the next steps, as outlined in section 4 of the report, be approved. [Reference: Minutes of 23 June 2021 (Paragraph 5)] 10 Notice of Motion – Councils for Fair Tax Declaration In terms of Standing Order No 20, a motion proposed by Councillor Fagan, seconded by Councillor Devlin, was submitted as follows:- “South Lanarkshire Council pledges to:- 1. Endorse the principles of the Councils for Fair Tax Declaration. 2. Lead by example and demonstrate good practice in our tax conduct, right across our activities. Including:- Encouraging contractors to implement IR35 robustly and pay a fair share of employment taxes. Discouraging the use of offshore vehicles for the purchase of land and property, especially where this leads to reduced payments of stamp duty. Discouraging the use of not-for-profit structures where these are used inappropriately as an artificial device to reduce the payment of tax and business rates. Encouraging clarity on the ultimate beneficial ownership of suppliers and their consolidated profit and loss position, given lack of clarity could be strong indicators of poor financial probity and weak financial standing. 3. Promote Fair Tax Mark certification for any business in which we have a significant stake and where corporation tax is due. 4. Join in and support Fair Tax Week events in the area, and celebrate the tax contribution made by responsible businesses who say what they pay with pride. 5. Support calls for urgent reform of EU, UK and Scots law to enable municipalities to revise their procurement policies and better penalise poor tax conduct and reward good tax conduct”. Councillor Horne, seconded by Councillor Anderson, moved the following as an amendment:- “Delete after “South Lanarkshire Council” Insert; 1. Is keen to endorse the principles of the Councils for Fair Tax Declaration at a future date, subject to the following actions and assurances; 13
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- The Chief Executive writes to the Fair Tax Foundation to clarify specific points which any pledge endorsed by the Council must include, in order to fully meet the asks of their Councils for Fair Tax Declaration. - An update on the Fair Tax Foundation’s response is provided to Council at the next appropriate meeting, and an opportunity provided to discuss any future pledge accordingly. - Council are advised on how the measures set out in any future pledge will be measured and reported. As of today, Council pledges to; 2. Promote Fair Tax Mark certification for any business in which we have a significant stake and where corporation tax is due. 3. Join in and support Fair Tax Week events in the area, and celebrate the tax contribution made by responsible businesses who say what they pay with pride. 4. Support calls for urgent reform of EU, UK, and Scots law to enable municipalities to revise their procurement policies and better penalise poor tax conduct and reward good tax conduct. “ In moving his amendment, Councillor Horne sought clarity, firstly, on why the language of the motion deviated from the contents of the original sample Fair Tax motion and if those changes were based on officer or legal advice. Secondly, he asked whether the proposers had sought explicit advice from the Fair Tax Foundation on whether the revised contents did fulfil the spirit of the original declaration. Councillor Fagan confirmed that he had intended submitting the motion in its original sample format, however, had sought advice from officials in terms of what was permitted in relation to procurement. He had also been in contact with the Fair Tax Foundation in terms of the content of the revised motion and the Fair Tax Foundation had indicated it was keen that the motion be passed. He suggested that, to ensure the Council was not divided on the issue, the amendment be withdrawn to allow the Council to speak as one and take a united stance in favour of the Fair Tax Declaration. Councillor Horne indicated that he did not wish to withdraw his amendment as he considered it had a stronger message. The Head of Administration and Legal Services advised that it would not be competent for the Council to pass the Fair Tax motion in its current form, as published on the Fair Tax website, as it would be in breach of the law. If the law or procurement regulations changed, then the wording could be changed at a later date to be more robust. She further clarified that the motion as presented to Council within the agenda papers was competent, Having heard the advice of the Head of Administration and Legal Services, Councillor Horne, with the agreement of Councillor Anderson, withdrew his amendment. In response to Councillor Loudon’s point, Councillor Fagan confirmed that he was content to include in his motion how the measures set out in any future pledge would be measured and reported. On that basis, the Council unanimously agreed the motion. The Council decided: that the motion, as amended to include details on how the measures set out in any future pledge would be measured and reported, be approved. 14
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11 South Lanarkshire Integration Joint Board Strategic Commissioning Plan 2022 to 2025 A report dated 5 May 2022 by the Director, Health and Social Care was submitted providing an overview of the South Lanarkshire Integration Joint Board (IJB) Strategic Commissioning Plan (SCP) 2022 to 2025. The current SCP, 2022 to 2025, approved at the IJB on 29 March 2022 set out:- what the public and key stakeholders considered important to them the strategic needs profiling of the population of South Lanarkshire how the IJB, alongside Community Planning Partners, would work to deliver the 9 National Health and Wellbeing Outcomes how the IJB would commission services to support the recovery from the pandemic The SCP also set out 12 strategic priorities for the IJB, as outlined in paragraph 4.2 of the report, which drove the strategic commissioning intentions. The SCP had been presented to the relevant governance groups of the Health Board and Council, as well as the Community Planning Partnership Board, and had been shared with local stakeholders. The Council decided: that the report be noted. 12 Delegated Authority – Business Dealt with by the Chief Executive in the Period from 2 March 2022 A report dated 30 May 2022 by the Chief Executive was submitted advising of a further item of business dealt with by the Chief Executive under delegated authority in the period from 2 March 2022 to the first meeting of the new Council following the Local Government Elections. The item, approved on 13 May 2022, related to an increase to the establishment to support refugee resettlement programmes. The Council decided: that the further item of business dealt with by the Chief Executive under delegated authority in the period from 2 March 2022 in relation to an increase to the establishment to support refugee resettlement programmes be noted. [Reference: Minutes of statutory meeting of 18 May 2022 (Paragraph 23)] 13 Membership of Committee, Forums and Representation on Outside Organisations A report dated 1 June 2022 by the Chief Executive was submitted providing an update on the membership of committees, forums, and representation on outside organisations and partnership bodies. At its statutory meeting, the Council had delegated authority to the Chief Executive to finalise memberships. Full membership details for committees, forums and Licensing Divisions were provided at Appendix 1 to the report. Details of representation on certain statutory joint boards and outside bodies were provided in Appendix 2 to the report. 15
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In response to a question from Councillor McAdams, the Head of Administration and Legal Services confirmed the contents of the paper were competent and the issue raised was an internal, political matter. In response to a further point on councillors’ remuneration, the Chief Executive confirmed that COSLA had agreed to reconstitute SLARC (Scottish Local Authorities Remuneration Committee) and some work was currently being undertaken in this respect. The Council decided: (1) that the committee, member forum and Licensing Division memberships, as detailed in Appendix 1, be noted; (2) that the representation on certain outside organisations and partnership bodies, as detailed in Appendix 2, be noted; and (3) that it be noted that a further report on representation on outside bodies would be submitted to the Executive Committee. [Reference: Minutes of statutory meeting of 18 May 2022 (Paragraphs 7 and 8)] In terms of Standing Order No 14, the Provost adjourned the meeting during this item of business at 2.04pm and reconvened at 2.13pm 14 Urgent Business There were no items of urgent business. 16
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Agenda Item Flagpoles at Council Headquarters Notice of Motion Motion received in terms of Standing Order No 20 on 24 August 2022, proposed by Councillor Kenny McCreary, seconded by Councillor Norman Rae, as follows:- “This Council notes there is no locally determined protocol governing the use of its flagpoles at Council Headquarters. The Council therefore requests that a new protocol is developed and brought back to Council for approval, requiring that the Union Flag, Saltire and South Lanarkshire flag be flown from flagpoles at Council Headquarters as a standard practice. The Council understands that deviation from this standard practice may be permitted for reasons such as commemorations, causes and other events, such as those set out in the Scottish Government Flag Flying Guidance, and those should be detailed within the South Lanarkshire Council Protocol. The Council also understands that, in very exceptional circumstances, there may on occasion be official requests from organisations and others to fly specific flags on certain days or to reflect particular circumstances and delegates authority to the Chief Executive to consider these requests in consultation with the political Group Leaders and determine whether they should be authorised. This Council agrees that, until a new protocol is agreed, the national flag of Ukraine should fly as standard alongside the Union Flag and Saltire.” 5 17
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Agenda Item Menstruation Support Notice of Motion Motion received in terms of Standing Order No 20 on 12 September 2022, proposed by Councillor Julia Marrs, seconded by Councillor Mary Donnelly, as follows:- “South Lanarkshire Council as a major employer, recognises that stigma still surrounds menstruation. That without a specific policy in place offering training, guidance, and safe spaces to discuss concerns, young people and employees can remain unsupported and in some cases their school attendance or employment can be affected. Council resolves to ask the Executive Directors of Finance and Corporate Resources and Education Resources to consider the necessity, feasibility, and implications of implementing a menstruation policy for both schools and workplaces taking into account training for all line managers and teachers, guidance for all pupils and employees who bleed, and appropriate school and workplace supports and adjustments, including consideration of a right to up to 3 days paid leave for employees per month with medical agreement where required, and to bring a report back to our next meeting for consideration by Council. Bleeding should not be a disadvantage and we can ensure our valued workforce and young people feel respected and supported. Council is asked to support this Motion.” 6 19
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Agenda Item Enabling ‘Warmbanks’ Across South Lanarkshire Notice of Motion Motion received in terms of Standing Order No 20 on 12 September 2022, proposed by Councillor Julia Marrs, seconded by Councillor Maureen Chalmers, as follows:- “That South Lanarkshire Council approaches winter 2022 with apprehension for tenants and householders knowing energy costs for average homes have increased significantly over the last few months. Notes concern that such a large increase in fuel costs for households will result in further fuel poverty and people will be unable to pay their fuel bills. That those most vulnerable, our elderly, those on benefits and on low incomes will face an even greater challenge than the previous abhorrent choice of whether to heat or eat, that people horrifically will be reduced to potentially not being able to afford to do either. Notes the recent steps taken by UK Government to limit energy bills but with concern over a lack of detail and that many will still struggle to pay their bills. Recognises that the actions by the Scottish Government and Councils can only mitigate the problem to some extent. Notes the decisions taken by the SNP administration earlier this year to invest £425,000 in community led activities and community halls, continuing a community-led, partnership approach with our communities, and welcomes the carefully targeted use of the Scottish Government’s Financial Wellbeing Support Fund to provide holistic support for people experiencing a material and detrimental impact on their financial position. However, the cost-of-living crisis requires us to increase the pace, investment and intensity of support. I therefore call upon this Council, with cognisance to the support I have outlined; noting other existing or potential individual support or grants available, to work alongside our community and voluntary organisations to make plans for ‘warmbanks’ across South Lanarkshire. This includes making available our public buildings including libraries, halls, and community centres through the winter, offering safe places for people to go, to heat up, get a hot drink or meal, and access advice and support.” 7 21
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Agenda Item Investing South Lanarkshire Money for Positive Change Notice of Motion Motion received in terms of Standing Order No 20 on 12 September 2022, proposed by Councillor Kirsten Robb, seconded by Councillor Joe Fagan, as follows:- “Motion pre-amble:- • Recalls that in 2018, a motion passed calling for Strathclyde Pension Fund to keep their investments under continuous review with regards ethical investment and that in 2019, all political parties on South Lanarkshire Council recognised the climate emergency; • Further recognises that the Strathclyde Pension Fund supports low carbon initiatives through its direct investment portfolio, but is concerned that the Fund retains large holdings, worth £836 million last year (1), in fossil fuel industries that are driving the climate and ecological crises and perpetuating global inequalities; • Notes Strathclyde Pension Fund committee and board members must make their fiduciary duty paramount in all decision making and recognises that this duty is consistent with selecting investments according to ethical, environmental, social and governance criteria as well as financial return; • Further notes recent analysis (2) showing companies on Strathclyde Pension Fund’s ‘Green List’ are still investing disproportionately in fossil fuels and heeds the calls from fund members themselves to divest (3). South Lanarkshire Council notes that many other major pension funds have already made and acted on commitments to fossil fuel divestment, demonstrating leadership on the climate emergency at the same time as protecting the long-term interests of their individual investors; • Finally notes that South Lanarkshire Council’s Treasury Management strategy estimates investments of £154,551m in 2022/23; that it’s bankers are Natwest and Lloyds, who together invested $25billion into financing fossil fuels 2016-20 (4), and, in Natwest’s case also funds firms accused of destroying tropical rainforests, fuelling the climate crisis further (5). 8 23
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Motion: Therefore, we believe that South Lanarkshire Council can show climate leadership by resolving to write to the Strathclyde Pension Fund Committee as follows:- • Asking that it renews its commitment to fossil fuel divestment and vastly increases investments in projects bringing about positive change, as well as tackling the climate and ecological crises, with the intention of divesting from fossil fuel investments completely as quickly as possible, and no later than 2029; • That it further considers how it can reinvest the Pension Fund members’ hard-earned money to drive community wealth building and climate and ecological action within South Lanarkshire; and • Asks that Strathclyde Pension Fund develop, in conjunction with the trade unions, a meaningful consultation mechanism with Fund members and that employers, such as South Lanarkshire Council, are consulted on the Fund’s investment strategies and divestment policy. And for South Lanarkshire Council to further demonstrate its own climate leadership by:- • Reviewing its Investment Strategy and developing and implementing a Responsible Investment Policy to ensure that South Lanarkshire money is invested for positive change and does not fuel the climate and ecological crises; and • Reporting back on work to incorporate sustainability into Treasury Management decisions to the Climate Change and Sustainability Committee.” References 1. https://foe.scot/resource/strathclyde-briefing/ 2. https://www.channel4.com/news/energy-companies-investing-just-5-of-profits-in- renewables 3. https://unison-scotland.org/public-service-workers-want-an-ethical-local-government- pension-fund-says-unison/ 4. https://www.bankingonclimatechaos.org/bankingonclimatechaos2021/#score-card- panel and https://www.ethicalconsumer.org/money-finance/climate-change-impact- ratings-banks 5. https://www.globalwitness.org/en/campaigns/forests/deforestation- dividends/#responses 24