Agenda

Consider Minute of Scottish Borders Council held on 28 March 2024 for approval and signing by the Convener.  (Copy attached.)

Consider Minutes of the following Committees:-

(a)     Executive                                                              12 March 2024

(b)     Chambers Institution Trust                                   13 March 2024

(c)     Tweeddale Area Partnership                                19 March 2024

(d)     Chambers Institution Trust                                   21 March 2024

(e)     Eildon Area Partnership                                       21 March 2024

(f)      Planning and Building Standards                         25 March 2024

(g)     Eildon Area Partnership                                       28 March 2024

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

Consider report by Director Corporate Governance. (Copy attached.)

Consider report by Director Corporate Governance. (Copy attached.)

Consider report by Director Resilient Communities. (Copy attached.)

Consider report by Director People, Performance and Change.

Consider appointment to various Committees and Outside Bodies to fill vacancies. (Copy attached.)

Consider Motion by Councillor Anderson in the following terms:-

“The Scottish Borders Council acknowledges the negative impact of post office closures on our oldest residents in the region, particularly within the north end of ward 7. We have been in communication with MP John Lammont and MSP Rachael Hamilton regarding the closure of the outreach post office serving this area, and have received concerning information indicating that the service may not be reinstated.

It is not clear if failing to reinstate the outreach service covering the most vulnerable citizens in Berwickshire, the Post Office and Royal Mail could potentially breach the Universal Service Obligation that they are subject to. If so, they could be held accountable for failing to provide the required postal services to those individuals.

Whether or not it breaches that obligation, the failure to reinstate the service will certainly have a continuing negative impact on our area and our residents.

Further, this Council recognises the importance of ensuring proper renumeration for post masters to sustain the postal service and prevent further closures.

This Council therefore agrees to request that the Leader writes:

a.     to Ofcom making a formal request to enquire into any breach by Post office and Royal mail under the Universal Service Obligation;

b.    to the Post Office asking it to prioritise reinstating the outreach service that serves our most vulnerable citizens in Berwickshire; and

c.     to the UK Government urgently requesting a review into the renumeration of post masters nationwide in collaboration with the Post Office.”

Consider Motion by Councillor Sinclair in the following terms:-

“Scottish Borders Council agrees that lesbian, gay, bisexual and transgender (LGBT) inclusive education contributes to how all young people see themselves, their families, and the world around them; and further agrees that this learning should be meaningful, relevant, and part of ordinary learning, rather than exceptional or siphoned into particular calendar months or one-off occasions.

Council celebrates the fact that in 2021 Scotland was the first country in the world to agree to embed LGBT inclusive education across the school curriculum and notes that there is a national expectation that local authorities ensure that all schools are delivering LGBT inclusive education for their learners.

Council reaffirms its commitment to provide support in schools for LGBT+ young people; and its commitment to embedding a proactive educational approach to addressing stereotypes and stigma which can often lead to prejudice or bullying experienced by pupils who are LGBT+, perceived to be LGBT+ or who have LGBT+ family members; and continue to celebrate diversity and strengthen inclusive education across our schools.

Council notes that the charity Time for Inclusive Education (TIE) provides services and resources that are co-developed with teachers from across Scotland and suitable for primary and secondary pupils that include stage appropriate educational workshops for pupils, professional learning for teachers, and curriculum materials. This is in addition to their responsibility for managing the new national platform lgbteducation.scot on behalf of the Scottish Government and endorsed by a variety of stakeholders including those in the education sector. SBC notes that these resources and training are entirely free and come at no monetary cost to schools thanks to core funding support from Scottish Government.

Council directs the Director of Education and Children’s Services to highlight Scottish Government’s Stage 1 and Stage 2 national professional learning to all primary and secondary teachers, and to strongly encourage them to complete Stage 1 in the next academic year and to recommend all schools plan to complete Stage 2 as part of planned staff development within a 3 year timeframe.”

Consider Motion by Councillor Thomson in the following terms:-

“Scottish Borders Council acknowledges that, as a Local Authority, it has a duty to ensure that all services it provides, and supports, are compliant with Equalities Legislation, and that in providing or supporting services it ensures compliance with its Public Sector Equality Duty.  This applies equally to Committees, Sub- Committees and Officers and therefore includes any decisions made around the dispersal of Common Good funds, or use of Common Good facilities for public events.  

To this end Scottish Borders Council agrees that the work currently underway to develop a charging regime for use of Common Good open spaces/land be extended to consider how we ensure that in our usage of open spaces/land that we comply with the Equality legislation and the Public Sector Equality Duty placed on us.  Said work should of course also be cognisant of any right of freedom of assembly which might also apply.”

Consider Motion by Councillor Begg in the following terms:-

“The Health and Safety Executive definition of Violence is: “Any incident in which a person is abused, threatened or assaulted in circumstances relating to their work”

The Health and Safety at Work Act 1974 and the Management of Health and Safety Regulations require employers to ensure an assessment of the risks to the Health and Safety of its staff and others.

Violence and aggression at work in the Local Government sector is a serious problem.

Work-related violence, both verbal and physical, can result in serious consequences for persons involved and for the council as an employer. Physical and/or psychological injury or harm resulting from a physical violent incident or persistent verbal abuse can cause individual’s significant harm. 

Early reports from a survey of Scottish Borders school staff by UNISON indicate their members have experienced incidents of violence or aggression at work.

Incidents include staff being punched, bitten, pushed and kicked while carrying out

their jobs. Concerningly, lower-level violence and verbal abuse is seen by some staff as a routine part of their working lives.

Employers already have a legal duty to protect their staff. 

UNISON’s Violence at Work Charter aims to raise awareness and encourage best practice in tackling violence at work. It should not be seen as either a routine or normal part of the job.
 We all want our local services to be delivered safely, by staff who feel protected and supported in the vital work they do for our communities.

This Council believes:

• Staff should come to work feeling safe, and not in fear of being abused, threatened or harmed.

• Staff should feel supported by their employer.

• Without the dedication and professionalism of our staff, the council services our residents rely on would not be deliverable.

This Council resolves to:

• Reaffirm its commitment to partnership and to consult and work collaboratively with trades unions.

• Adopt UNISON ’s Violence at Work Charter.

• Encourage all schools to adopt the Charter.

The Charter is a list of 10 basic actions that employers can take to improve safety at work for their staff. 

They include appropriate training, support for the victims of violence and monitoring of incidents. 

The Violence at Work Charter Standards

To qualify For the UNISON Violence at Work Charter Mark, employers must meet the following standards: 

1. The employer has a written violence and aggression at work policy, which is available to all staff. The policy should also cover lone working. 

2. Responsibility for implementing these policies lies with a senior manager. 

3. Measures are taken to reduce staff working in isolated buildings, offices or other work areas to a minimum. 

4. Staff are encouraged to report all violent incidents on a regular and ongoing basis. 

5. The employer collects and monitors data on violent incidents on a regular and ongoing basis. 

6. Where they are in place, union safety reps are able to access this data and are consulted on solutions to  ...  view the full agenda text for item 15.

Consider question to the Executive Member for Health and Wellbeing from Ms Morrison, Tweeddale East Ward:-

“Internationally there is growing momentum in support of the Fossil Fuel Non-Proliferation Treaty as a way to aid the just transition from a fossil fuel-based economy to one based on renewables.

SBC has declared climate emergency and so it is imperative to understand where Council funds are invested   and to ensure that they are not supporting the fossil fuel industry.

Peebles Common Good Fund has £500000 invested. Where are these investments placed and can we be reassured that none are supporting the fossil fuel industry?”

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.”

Consider private Section of Minute of Scottish Borders Council held on 28 March 2024.  (Copy attached.)

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

(a)     Executive                                                              12 March 2024

(b)     Chambers Institution Trust                                   13 March 2024

(c)     Chambers Institution Trust                                   21 March 2024

(Please see separate Supplement containing private Committee Minutes.)