Agenda and minutes

1.1     The Convener confirmed that the opportunity for members of the public to have their questions answered at Council meetings would commence at the next meeting in June.  He outlined the criteria and advised that there would be a limit of 5 questions answered per meeting.

1.2     The Convener advised that the Borders Book Festival was due to be held from 15-18 June and paid tribute to the organisers of the event which attracted literary giants and well known personalities.  He paid particular tribute to the Late Duchess of Buccleuch, Lady Elizabeth,  who had created the Walter Scott Prize which had been awarded since 2009.

1.3     The Convener commented on the various community events which had been organised to celebrate the King’s Coronation.

1.4     The Convener advised that the Jim Clark Rally was due to be held that weekend which coincided with the 60^th anniversary of Jim Clark winning his first Formula 1 Championship.  He wished both the organisers and competitors well for the event.

1.5     The Convener congratulated Hawick RFC for winning both the league and the cup for 2022-23.

1.6     The Convener congratulated Julie Forrest from Hawick on her success in winning the Indoor Bowls World Championship Singles in Australia, to add to the many other titles she already held, making her one of the most successful sports people in the Borders.

          DECISION

          AGREED that congratulations be passed to those concerned.

The Convener varied the order of business as shown on the agenda.  He advised Members that the item relating to the Inspection Report on Children at Risk of Harm would now be considered in public.  The Inspection report had been embargoed when the agenda had originally been published but was now in the public domain.  The Minute reflects the order in which the items were considered at the meeting.

Consider Minute of Scottish Borders Council held on 27 April 2023 for approval and signing by the Convener.  (Copy attached.)

The Minute of the Meeting held on 27 April 2023 was considered. 

DECISION

AGREED that the Minute be approved and signed by the Convener.

Consider Minutes of the following Committees:-

(a)     External Services/Providers                                 7 March 2023

(b)     Community Planning Strategic Board                  9 March 2023

(c)     Audit                                                                      13 March 2023

(d)     Police, Fire & Rescue and Safer Communities    16 March 2023

(e)     Hawick Common Good Fund                               21 March 2023

(f)      Tweeddale Area Partnership                                28 March 2023

(g)     Cheviot Area Partnership                                     29 March 2023

(h)     Executive                                                              18 April 2023

(i)      Scrutiny & Petitions                                              20 April 2023

(Please see separate Supplement containing the public Committee Minutes.)

The Minutes of the following Committees had been circulated:-

          External Services/Providers                                 7 March 2023

          Community Planning Strategic Board                  9 March 2023

          Audit                                                                      13 March 2023

          Police, Fire & Rescue and Safer Communities    16 March 2023

          Hawick Common Good Fund                               21 March 2023

          Tweeddale Area Partnership                                28 March 2023

          Cheviot Area Partnership                                     29 March 2023

          Executive                                                              18 April 2023

          Scrutiny & Petitions                                              20 April 2023

         DECISION

APPROVED the Minutes listed above.

DECLARATION OF INTEREST

Councillor Rowley declared an interest in the following item of business in terms of Section 5 of the Councillors Code of Conduct, due to a working relationship with a co-founder of the project, and left the meeting during the discussion.

Consider report by Director Infrastructure and Environment.  (Copy attached.)

There had been circulated copies of a report by the Director Infrastructure and Environment on progress with the Destination Tweed Programme, which formed part of the Borderlands Inclusive Growth Deal.  The Destination Tweed Programme was a £24.7m capital programme that was part of the Borderlands Inclusive Growth Deal.  The Destination Tweed Programme comprised 13 different projects, the most significant of which was the Tweed Trail, which would be a 113-mile long walking and cycling trail from Moffat to Berwick-upon-Tweed.  A contribution of £10m from the Deal would help to fund the Tweed Trail.  The programme was being led by Tweed Forum on behalf of Scottish Borders Council, Northumberland County Council and Dumfries and Galloway Council.  An Outline Business Case was ready to be signed off by the Scottish Government and a draft Full Business Case would shortly thereafter be submitted for Government consideration, which would then require approval from Council and the Borderlands Partnership Board.  Scottish Borders Council intended to take a lead role on the project management and construction of the Tweed Trail, expanding on the work undertaken in 2022/23.  This was being formalised via a revision of a Memorandum of Understanding between the Council and Tweed Forum.  A governance structure for the programme was being established which included a lead Programme Delivery Board with a series of Working Groups.  A Business Engagement Working Group was also being established.   Members welcomed this ambitious project which would have great health and economic benefits for the people of the Borders and help attract tourists to the area.  The educational and environmental benefits were also highlighted.  Members were very happy to support the continuing work and noted that further reports would be brought to Council later in the year.

DECISION

AGREED to:-

(a)       note the information provided on the current position with the Destination Tweed Programme;

(b)       endorse the Council’s project delivery arrangements for the Tweed Trial;

(c)     note that programme Outline and Full Business Cases would be brought back to Council for approval in 2023 as detailed in the report.                                                        

MEMBER

Councillor Rowley re-joined the meeting.

Consider report by Director Infrastructure and Environment.  (Copy attached.)

          There had been circulated copies of a report by the Director of Infrastructure and Environment providing an update on the progress with the new Earlston Primary School and Health Centre following the procurement stage.  The Executive Committee on 16 April 2019 approved that the project to deliver a new primary school in Earlston should proceed to detailed design and procurement stages.  Discussions with NHS Borders about a combined Primary School and replacement Health Centre took place.  The detailed design and planning stages had been completed for this combined facility during 2021 and 2022.  The procurement stage was nearing conclusion and was showing a budget pressure.  The report proposed a phased construction beginning with the Primary School, Early Years and Community space.  In light of the revised costs of £5.4m for the replacement Health Centre (based on May 2023 prices), a final decision on the affordability, timescales and resultant funding sources needed to be considered fully by the Board of NHS Borders.  However, to minimise disruption to the existing primary school; ensure that there was no adverse impact on the school curriculum; minimise build timescales; and avoid further inflationary cost pressures, it was important to proceed with the primary school build at this stage.  The design of the building was such that a phased construction could be undertaken. Members agreed that despite the increased costs, which would only rise further if there were delays, it was important that the project proceeded and highlighted the benefit it would have for the whole community in Earlston.  Mr Curry answered Members’ questions and advised that similar increases were expected across the whole capital programme.  Officers would work with the construction team to try to minimise disruption to both the school and the wider community.  It was noted that the delivery of the health centre lay with NHS Borders and although they were keen to proceed they were dependent on central funding.  Members thanked officers for their work on the project.

DECISION

          NOTED:-

         (a)      the progress of the project through the statutory planning stage and the completion of the detailed design and procurement stage;

         (b)     the current budget position that was, as a result of the procurement stage, above the budget for both the Primary School and Health Centre elements; and

          (c)     that NHS Borders required to assess the affordability, timescales and funding source for the Health Centre element of the project given the increased costs.

Consider report by Chief Officer Health and Social Care.  (Copy attached.)

         There had been circulated copies of a report by the Chief Officer Health and Social Care providing an update to the Scottish Borders Council on the Directions issued to the Scottish Borders Council from the Health and Social Care Integration Joint Board in their April 2023 meeting.  These Directions related to the Health and Social Care Partnership Annual Budget and the closure of the Gala Resource Centre.   The report explained that such Directions were a legal mechanism intended to clarify responsibilities requirements between partners.  The primary purpose of Directions was to set a clear framework for the resourcing and operational delivery of the functions that had been delegated to the Integration Joint Board and to clearly convey the decisions made by the Integration Joint Board about any given function.  The “Annual Services and Budget Direction 2023” was contained in Appendix 1 to the report.  This aligned to the budget offer made by the Scottish Borders Council once the budget was set in February 2023.  This related to the annual budget set by the IJB to the Scottish Borders Council and NHS Borders for delegated and hospital ‘set aside’ services.  This included the requirements for oversight of performance, delivery and risk.  It also outlined the requirements relating to collaborative and integrated working across the Health and Social Care Partnership.  The “Gala Resource Centre” Direction was contained in Appendix 2 to the report.  This related to the decision to close the Gala Resource Centre, and develop a service for people with Emotionally Unstable Personality Disorder.  Members welcomed the Directions process which was a successful method of keeping them informed.

         DECISION

NOTED the Directions issued by the Health and Social Care Integration Joint Board to the Scottish Borders Council.

Consider report by the Chair of the Audit Committee.  (Copy attached.)

         There had been circulated copies of a report by the Chair of the Audit Committee submitting the Audit Committee Annual Report 2022/23 to the Council, which presented the Audit Committee’s performance in relation to its Terms of Reference and the effectiveness of the Audit Committee in meeting its purpose.  The report explained that it was important that the Council’s Audit Committee fully complied with best practice guidance on Audit Committees to ensure it could demonstrate its effectiveness as a scrutiny body as a foundation for sound corporate governance for the Council.  The CIPFA Audit Committees Practical Guidance for Local Authorities and Police 2018 Edition (hereinafter referred to as CIPFA Audit Committees Guidance) included the production of an annual report on the performance of the Audit Committee against its remit for submission to the Council.  The Audit Committee Annual Report 2022/23 was appended to the report and was designed both to provide assurance to Council and to outline actions to improve its effectiveness.  Scottish Borders Council continued to be a lead authority in adopting this best practice.  The Audit Committee carried out self-assessments of Compliance with the Good Practice Principles Checklist and Evaluation of Effectiveness Toolkit from the CIPFA Audit Committees Guidance during Development Sessions on 1 and 6 March 2023 facilitated by the Chief Officer Audit & Risk. The outcome of the self-assessments for the Committee was a high degree of compliance against the good practice principles and a medium degree of effectiveness, which was to be expected in the first year of a new Committee membership following the local elections in May 2022.  The Committee had four continuing Elected Members, including the Chair, which provided some valuable continuity in knowledge and experience.  There were six new Elected Members and two new external members, who were new to local government.  The members of the Audit Committee considered its annual report 2022/23 and supporting self-assessment documents at their meeting on 10 May 2023, noting some minor amendments to the supporting self-assessment documents.  Councillor Thornton-Nicol, as Chair of the Audit Committee, presented the report and thanked officers for their assistance.

DECISION

AGREED to:-

(a)     acknowledge the performance of the Audit Committee and its assurance to the Council, as set out in its Annual Report 2022/23 contained in Appendix 1 to the report;

(b)    note the improvement actions identified during the self-assessment process to enable its development as a fully effective Audit Committee, as set out in its Annual Report 2022/23 contained in Appendix 1 to the report; and

(c)     endorse the Audit Committee recommendation that other Council Committees should carry out an annual evaluation to assess whether they were fulfilling their remits as part of continuous improvement, as set out in its Annual Report 2022/23 contained in Appendix 1 to the report.

Consider report by Acting Chief Financial Officer.  (Copy attached.)

         With reference to paragraph 4 of the Minute of 22 February 2022, there had been circulated copies of a report by the Acting Chief Financial Officer on revisions to the current Procurement and Contract Standing Orders.  These had been reviewed and updated to ensure that they remained fit for purpose.  Revised Standing Orders were contained in Appendix 1 to the report. The report outlined the 5 areas where changes had been made which included changes to the management structure and the scheme of delegation.

            DECISION

AGREED to approve the proposed changes to Procurement & Contract Standing Orders, as contained in Appendix 1 to the report, for implementation from 1 June 2023.

MEMBER

Councillor Jardine left the meeting during consideration of the following item

Consider report by Chief Executive.  (Copy attached.)

10.1  There had been circulated copies of a report by the Chief Executive providing details of the provisional proposals received from Boundaries Scotland for changes to the Scottish Parliament Constituencies and asked Council to consider what, if any, response it would wish to make.  As required by legislation, this Second review of Scottish Parliament Boundaries was started in September 2022.  In this respect, on 17 May 2023, Boundaries Scotland published its provisional proposals for new constituency boundaries for the Scottish Parliament, and opened a one month public consultation on the proposals, running until the end of Saturday 17 June 2023.  The length of the consultation period was fixed in legislation.  There were currently two Scottish Parliament constituencies which included the Scottish Borders – the Ettrick, Roxburgh, & Berwickshire County Constituency, comprising Wards 4, 6, 7, 8, 9, 10 and 11 of Scottish Borders Council (total electorate – 56,409); and the Midlothian South, Tweeddale & Lauderdale County Constituency, comprising Wards 1, 2, 3 and 5 of Scottish Borders Council and Wards 1, 4 and part of Ward 6 of Midlothian Council.  Boundaries Scotland’s provisional proposals made no changes to the Ettrick, Roxburgh & Berwickshire County Constituency, and a map showing this constituency was attached as Appendix 1.  There were however, changes proposed to the current Midlothian South, Tweeddale & Lauderdale County Constituency.  This would be replaced by a proposed Clyde Valley & Tweeddale County Constituency, comprising Wards 1, 2, 3 and 5 of Scottish Borders Council and Wards 2 and 3 of South Lanarkshire Council.  A map showing the new constituency was attached as Appendix 2.  As this was a political matter, no recommendations were provided, but officers had included a number of suggestions.  Members may wish to consider whether to suggest moving part of Ward 5 (Oxton, Lauder, Blainslie and Earlston polling districts) from the proposed Clyde Valley & Tweeddale Constituency into the Ettrick, Roxburgh & Berwickshire Constituency.  It was also suggested that to better reflect the wider Scottish Borders, the name for the Clyde Valley & Tweeddale Constituency was changed to the Clyde Valley, Tweeddale & Gala Water Constituency.  Members needed to decide whether to submit a response to Boundaries Scotland by 17 June 2023.

10.2  Members discussed the proposals and Councillor Sinclair, seconded by Councillor Mackinnon, moved as follows:-

         “Council agrees to object to the proposals for the 2023 Review of Scottish Parliamentary constituencies for the Scottish Borders and Midlothian Council areas by Boundaries Scotland.  The reasons for this objection are as follows:

         Accessibility and connectivity – the current Midlothian South, Tweeddale and Lauderdale constituency is linked through numerous public transport routes.  Borders Buses operate up the A7, A68 and A72, linking the Borders to Midlothian.  Even travelling by car, options are limited across the proposed new constituency.  The current MSP’s constituency office is sited in central Galashiels, which has extensive transport links to the different parts of the constituency, whereas the current MSP for Clydesdale has an office in Lanark where travel to Galashiels would require three separate buses and a journey time of well over  ...  view the full minutes text for item 10.

It was agreed that item 21 on the private business agenda be considered in public as the inspection report was now in the public domain.

            There had been circulated copies of a report by the Director Social Work and Practice providing a summary of the Report of the Joint Inspection of Services for Children and Young People at Risk of Harm in the Scottish Borders, published on 23 May 2023.  The report highlighted the findings of the joint inspection conducted by the Care Inspectorate, Education Scotland, Healthcare Improvement Scotland and His Majesty’s Inspectorate of Constabulary Scotland which was conducted between November 2022 and April/May 2023.  The report identified the strengths of the services as well as areas for further development in relation to children at risk of harm in Scottish Borders.  The overall grading of the services in relation to the impact on children and young people had been rated as “good” by the inspection process.  Alan Small, Independent Chair of the Public Protection Committee, was present at the meeting and gave a brief overview of his experience since taking up the post in September 2022 and that it was his role to be independent and to challenge.  He highlighted the main aspects of the report and while there were always areas that could be improved he paid tribute to the staff involved and noted the positive comments on leadership.  The necessary improvement plan would be put in place to deal with the areas identified and he was confident that the requirements of the Care Inspectorate would be met.  Members paid tribute to Mr Easingwood and Mr Small for their work in this area and welcomed the report.  Mr Easingwood and Mr Small answered Members’ questions and confirmed that they needed to get views from all children.

DECISION

         NOTED the report.

Consider Motion by Councillor Tatler in the following terms:-

“Vaping has been on the rise in recent years as many look towards quitting smoking. This is a good stepping stone to being smoke free, however as vaping has risen in popularity, so has "disposable" vapes. This is creating significant environmental issues: 

• As of 2017, there were 565 types of e-cigarette devices on the market, 184 of which were disposable or single-use
• Users in the UK are throwing away around 2 disposable vapes every second; that's 1.3 million a week. The number of discarded vapes accounts for around 10 tonnes of lithium being sent to landfill or waste incinerators each year - enough metal to make batteries for 1,200 electric cars
• 'Zombie' batteries have been found to cause hundreds of fires a year at recycling plants after being thrown away incorrectly (disposable vapes would be classed in this group)
• If littered, these create extremely toxic waste which can be harmful to children, pets, and wildlife as the battery may be damaged and leak chemical

Scottish Borders Council:

1.    Acknowledges the increasing impact of the sales of single use Nicotine Vaping Products (NVPs) on the health of young people and the environment, and

2.    Agrees to instruct the Chief Executive to write to the Scottish and Westminster Governments expressing Scottish Borders Council’s support for a proposed ban on single vapes, and to support measures to ban their sale.”

         Councillor Tatler, seconded by Councillor Ramage, moved the following Motion as detailed on the agenda:-

            “Vaping has been on the rise in recent years as many look towards quitting smoking. This is a good stepping stone to being smoke free, however as vaping has risen in popularity, so has "disposable" vapes. This is creating significant environmental issues: 

·       As of 2017, there were 565 types of e-cigarette devices on the market, 184 of which were disposable or single-use

·       Users in the UK are throwing away around 2 disposable vapes every second; that's 1.3 million a week. The number of discarded vapes accounts for around 10 tonnes of lithium being sent to landfill or waste incinerators each year - enough metal to make batteries for 1,200 electric cars

·       'Zombie' batteries have been found to cause hundreds of fires a year at recycling plants after being thrown away incorrectly (disposable vapes would be classed in this group)

·       If littered, these create extremely toxic waste which can be harmful to children, pets, and wildlife as the battery may be damaged and leak chemical

          Scottish Borders Council:

1.   Acknowledges, with concern,  the increasing impact of the sales of single use Nicotine Vaping Products (NVPs) on the health of young people and the environment, and

2.  Agrees to instruct the Chief Executive to write to the Scottish and Westminster Governments expressing Scottish Borders Council’s support for a proposed ban on single vapes, and to support measures to ban their sale.”

Councillor Tatler also added the following:-

“3. Agrees, in recognition of the issues relating to vaping in school premises and on buses, to recommend that schools include education materials on the impact of vaping and the issues of single use vapes within the curriculum, and that ensuring vaping is not happening in schools remains a high priority across all establishments.”

Councillor Tatler and Councillor Ramage spoke in support of the Motion which was unanimously approved.

         DECISION

         AGREED to approve the Motion as detailed above.

Consider appointment of representative to Clubsport Ettrick and Lauderdale to replace Councillor Jardine.

          Councillor S. Hamilton, seconded by Councillor Pirone, moved that Councillor Linehan be appointed to replace Councillor Jardine on Clubsport Ettrick and Lauderdale and this was unanimously approved.

DECISION

          AGREED that Councillor Linehan be appointed as the Council’s representative on Clubsport Ettrick and Lauderdale.

          MEMBER

          Councillor Mackinnon left the meeting during the following item.

The questions submitted by Councillors Anderson, Ramage, Sinclair, Begg, Robson, Thomson, S. Hamilton and Mackinnon were answered. 

          DECISION

          NOTED the replies as detailed in Appendix I to this Minute.

Before proceeding with the private business, the following motion should be approved:-

“That under Section 50A(4) of the Local Government (Scotland) Act 1973 the public be excluded from the meeting for the following items of business on the grounds that they involve the likely disclosure of exempt information as defined in the relevant paragraphs of Part 1 of Schedule 7A to the aforementioned Act.”

          DECISION

          AGREED under Section 50A(4) of the Local Government (Scotland) Act 1973 to exclude the public from the meeting during consideration of the business detailed in  Appendix II to this Minute on the grounds that it involved the likely disclosure of exempt information as defined in Paragraphs 1, 6, 8 and 9 of Part I of Schedule 7A to the Act.

      SUMMARY OF PRIVATE BUSINESS

Consider private Section of Minute of Scottish Borders Council held on 27 April 2023.  (Copy attached.)

The private section of the Council Minute of 27 April 2023 was approved

Consider private Sections of the Minutes of the following Committees:-

(a)     External Services/Providers                                 7 March 2023

(b)     Hawick Common Good Fund                               21 March 2023

(c)     Executive                                                              18 April 2023

(Please see separate Supplement containing private Committee Minutes.)

The private sections of the Committee Minutes as detailed in paragraph3 of this Minute were approved.