Policy And Resources Committee - 31/10/2016

At a MEETING of the POLICY AND RESOURCES COMMITTEE held at Dundee on 31st October, 2016.

Present:-

BAILIES

COUNCILLORS

Councillor Ken GUILD, Convener, in the Chair.

The minute of meeting of this Committee of 12th September, 2016 was held as read.

Unless marked thus * all items stand delegated.

I DECLARATION OF INTEREST

Bailie Scott declared a non-financial interest in Article VI by virtue of his employment with the Department of Work and Pensions and left the Chamber during discussion of this item.

II MINUTES OF PERSONNEL APPEALS SUB-COMMITTEE OF 15TH SEPTEMBER AND 29TH SEPTEMBER, 2016

The minutes of meetings of the above Sub-Committees, copies of which are appended hereto were submitted for information and record purposes (Appendices I and II).

III DUNDEE PHYSICAL ACTIVITY STRATEGY

There was submitted Report No 345-2016 by the Director, Leisure & Culture, seeking approval and support for the new Dundee Partnership Physical Activity Strategy.

The Committee:-

(i) endorsed the Physical Activity Strategy vision for Dundee: Dundee - An Active City with Active People;

(ii) endorsed and approved the priority areas detailed in the Physical Activity Strategy and the proposed content of the supporting frameworks;

(iii) remitted to the Dundee Partnership to establish a Physical Activity Strategy steering group, which would bring forward recommendations for investment, policy implementation and review of the existing practice to all partner agencies within the Dundee Partnership;

(iv) agreed to continue to support investment in identified priority infrastructure to ensure Dundee was positioned as regional centre for excellence in sport as well as offering extensive opportunities to be physically active for Dundee People; and

(v) agreed to use the approved Physical Activity Strategy to guide future investment and dis‑investment proposals.

IV OPENING OF SCHOOL GROUNDS FOR COMMUNITY USE

There was submitted Report No 351-2016 by the Executive Director of Children and Families Service, Executive Director of Neighbourhood Services and Executive Director of City Development, seeking approval for the opening of 15 school grounds for community use.

The Committee:-

(i) noted and approved the contents of the report;

(ii) noted the implications for educational establishments; and

(iii) instructed the Executive Director of Children and Families Service to report back on progress in six months.

V RELIEF OF RATES - CHARITY RELIEF

There was submitted Report No 316-2016 by the Executive Director of Corporate Services relative to the above.

The Committee approved the recommendations detailed in the report.

VI WOMEN AGAINST STATE PENSION INEQUALITY

It was reported that the UK Government had increased the state pension age for all women born on or after 6th April, 1951 and WASPI (Women Against State Pension Inequality) had formed a Dundee Group to campaign for women in Dundee who had been affected by the state pension age change.

Councillor Short, seconded by Councillor McDonald, moved:-

Council calls upon the UK Government to make fair transitional state pension arrangements for all women born on or after 6th April, 1951 who have unfairly borne the burden of the increase to the state pension age with lack of appropriate notification.

Council commends and supports the recently formed WASPI Dundee group who are campaigning for the rights of Dundee residents affected by these pension changes.

Council also recognises the extra pressures put upon Pension Service staff within the city due to these changes.

As an amendment, Councillor Brennan, seconded by Councillor Gordon, moved:-

Dundee City Council recognises the changes brought in by the Pensions Act 2011. Under the Pensions Act 2011, women's state pension age will increase more quickly to 65 between April, 2016 and November, 2018. From December, 2018, the state pension age for both men and women will start to increase to reach 66 by October, 2020. From 2026 to 2028 the state pension age for both men and women will start rising to 67.

Dundee City Council calls on the Government to make fair transitional arrangements for all women born on or after 6th April, 1951 who have unfairly borne the burden of the increase to the State Pension Age (SPA). Hundreds of thousands of women had significant pension changes imposed on them by the Pension Acts of 1995 and 2001 but were not notified of the changes until relatively recently. Some women were not notified until two years ago of a six-year increase in pension age. Women born in the 1950s are bearing a disproportionate cost of Conservative plans to reduce state spending.

Many women born in the 1950s are living in hardship. Retirement plans have been shattered with devastating consequences. Many of these women are caring for elderly relatives, providing child care for grandchildren, or suffer discrimination in the workplace so struggle to find employment. Women born in this decade are suffering financially due to the Tories' ideological drive to reduce the cost of the state. These women have worked hard, raised families and paid their tax and national insurance with the expectation that they would be financially secure after finishing work. It is not the pension age itself that is disputed - it is widely accepted that women and men should retire at the same time. The issue is that the rise in the women's state pension age has been too rapid and has happened without sufficient notice being given to the women affected.

Dundee City Council calls upon the UK Government to reconsider transitional arrangements for women born between 1951 and 1955 so that women do not live in hardship due to pension changes they were not told about until it was too late to make alternative arrangements.

Westminster has created this problem; however, Holyrood can mitigate it.

Dundee City Council calls upon the Scottish Government to use the new powers in the Scotland Act. We call on the Scottish Government to top up these pensions.

The implication of these pension changes is that women and men working longer. The increasing number of older workers is often overlooked. It is good that older workers can remain in work if they want to, but the Council recognises that some people are being forced to work longer than they would like to, and may not be as able to do their work as once were.

Dundee City Council acknowledges its duty of care of our employees. Dundee City Council has committed to it's Our People Strategy which contains the Our People Charter and four key workforce themes - Equality, Diversity and Fairness, Developing Our People, Managing Our People and Enhancing Our Leadership. Key strands throughout this document reflect our commitment to the support of and health and wellbeing of our workforce, together with the requirement to proactively workforce plan for the next decade.

On a division, there voted for the motion - Councillors Guild, Black, Bowes, Cordell, Dawson, Hunter, Lynn, McDonald, Murray, Ross, Short, Lord Provost Duncan, Depute Lord Provost Roberts and Bailie Sawers (14); and for the amendment - Councillors Keenan, Asif, Bidwell, Brennan, Cruickshank, Ferguson, Gordon, McGovern, Macpherson and Bailies Wright and Borthwick (11) - Councillor Alexander being absent when the vote was taken and Bailie Scott having left the Chamber during discussion of this item - whereupon the motion was declared carried.

VII FOREIGN WORKERS

It was reported that Amber Rudd MP, Home Secretary, UK Government had made certain proposals regarding foreign workers.

Councillor Guild, seconded by Councillor Hunter, moved:-

Dundee City Council recognises and appreciates the valuable and significant contribution made to Scotland and the rest of the UK by foreign nationals in both the public and private sector.

Condemns the Westminster Government's decision to deprive Scotland of foreign talent in areas where there are skills shortages.

Deplores the increase in the level of intolerance of non-UK nationals in certain parts of the media which encourages bigotry and hatred.

Resolves that Dundee City Council should resist any attempt to introduce legislation requiring employers to compile lists of non-UK nationals in their employ.

As an amendment, Bailie Scott moved that no action be taken but failed to find a seconder, whereupon he asked that his dissent be recorded and the motion was declared carried.

VIII FUTURE DELIVERY OF CONSTRUCTION RELATED SERVICES

On a reference to Article III of the minute of meeting of this Committee of 8th June, 2015, there was submitted Report No 338-2016 by the Chief Executive advising the Committee of the outcome of the review of the Council's construction related services and making recommendations on the future delivery of these services.

The Committee agreed to:-

(i) pursue the establishment of a formal partnership between Tayside Contracts and Dundee Construction Services for the delivery of construction related services in the city;

(ii) establish a steering group led by the Executive Directors of Neighbourhood Services and City Development to develop and finalise the operational, financial and governance arrangements for the new partnership;

(iii) note that the service model would be developed in close consultation with appropriate trades unions and employees; and

(iv) note that further reports would be submitted for members consideration prior to the implementation of the new partnership approach.

IX INTRODUCTION OF A SHARED COST AVC SCHEME

There was submitted Report No 329-2016 by the Executive Director of Corporate Services, seeking approval for the proposed shared cost Additional Voluntary Contribution (AVC) Scheme for Local Government Pension Scheme members.

The Committee:-

(i) approved the proposal to exercise its discretion under Regulation 17 of the Local Government Pension Scheme (Scotland) Regulations 2014, to approve the introduction of a Shared Cost AVC Scheme for Local Government Pension Scheme members. The scheme would initially be with Prudential and would be implemented through salary sacrifice via payroll;

(ii) noted that there was no provision within the Scottish Teachers Superannuation Scheme to allow the introduction of a Shared Cost AVC Scheme, so this salary sacrifice scheme would not be available to teaching staff; and

(iii) noted that any Salary Sacrifice Scheme was subject to HMRC approval and also that any changes in regulations in the future may directly impact on the scheme.

X REGULATION OF INVESTIGATORY POWERS (SCOTLAND) ACT 2000 - OFFICE OF SURVEILLANCE COMMISSIONERS REPORT 2016

On a reference to Article III of the minute of meeting of this Committee of 13th June, 2016, there was submitted Report No 350-2016 by the Executive Director of Corporate Services advising the Committee of the outcome of an inspection by the Office of Surveillance Commissioners carried out in June, 2016 and the recommendations in the report dated 8th July, 2016.

The Committee agreed:-

(i) to comply with all six recommendations of the Surveillance Commissioners Inspection Report as outlined at paragraph 4.10 of the report; and

(ii) to review the practice within the Council of the use of Facebook and other social media sites to ensure their compliance with the Human Rights Act 1998.

XI SMART CITY - OPEN DATA - DUNDEE

There was submitted Report No 342-2016 by the Executive Director of Corporate Services informing the Committee of the Council's Open Data Project, being undertaken with the support of the European Regional Development Fund and in partnership with Scotland's other six cities.

The Committee approved the Open Data Project.

XII CAPITAL PLAN 2017-2022 - GENERAL SERVICES AND HOUSING HRA

There was submitted Report No 331-2016 by the Executive Director of Corporate Services providing elected members with background information and details of the Council's General Services and Housing HRA Capital Plan for the five year period 2017-2022.

The Committee:-

(i) approved the Council's General Services and Housing HRA Capital Plan for 2017‑2022;

(ii) noted the gross capital expenditure investment of 378m over the next five years;

(iii) noted the updated position for the 2016-2017 projected capital expenditure programmes as at 31st August, 2016; and

(iv) approved the Prudential Indicators for the Capital Plan 2017-2022, as shown in Appendix 2 and noted that these indicators demonstrate that the Capital Plan 2017‑2022 was affordable, prudent and sustainable.

XIII CAPITAL EXPENDITURE MONITORING 2016/2017

There was submitted Report No 311-2016 by the Executive Director of Corporate Services appraising elected members of the latest position regarding the Council's Capital Plan 2016-2021.

The Committee noted the contents of the report.

XIV COUNCIL PLAN 2012-2017 - ANNUAL REVIEW 2016

There was submitted Report No 333-2016 by the Chief Executive reviewing the performance of the Council in delivering the Council Plan 2012-2017 during the financial year 2015/2016.

The Committee:-

(i) noted the contents of the Council Plan Review; and

(ii) approved the development of the new Council Plan for 2017-2022.

XV CORPORATE PERFORMANCE INDICATORS 2015/2016

There was submitted Report No 332-2016 by the Chief Executive advising the Committee of the Corporate Performance of Dundee City Council for the financial year 2015/2016.

The Committee:-

(i) remitted to Executive Directors to review the contents of the report to assess whether or not there were areas of service performance which could be approved in the financial year 2016/2017; and

(ii) agreed that all performance indicators contained in the report be updated on the internet to ensure the public and other relevant stakeholders had access to the latest information on the authority's performance.

XVI DUNDEE CITY COUNCIL 2015/2016 - ACCOUNTS AND AUDIT

(a) AUDITED STATEMENT OF ACCOUNTS 2015/2016

(i) Dundee City Council

The above report was submitted and noted (Report No 324-2016).

(ii) Dundee City Council Charitable Trustees

The above report was submitted and noted (Report No 325-2016).

(iii) Lord Provost of Dundee Charity Fund

The above report was submitted and noted (Report No 326-2016).

(b) EXTERNAL AUDITOR'S REPORT

The above report was submitted and noted (Report No 327-2016).

(c) DUNDEE CITY COUNCIL 2015/2016 - ACCOUNTS AND AUDIT (RESPONSE TO THE EXTERNAL AUDITOR'S ANNUAL AUDIT REPORT)

There was submitted Report No 328-2016 by the Executive Director of Corporate Services in response to the report by the Council's External Auditor on the audit of Dundee City Council for the year to 31st March, 2016.

The Committee:-

(i) noted the contents of the External Auditor's Report including the completed Action Plan at Appendix 5, and in particular that KPMG had issued an unqualified audit opinion on each of the 2015/2016 Annual Accounts noted above; and

(ii) endorsed the report as the Councils formal response to the External Auditor's Report.

XVII TAYSIDE PENSION FUNDS 2015/2016

(a) TAYSIDE PENSION FUNDS 2015/2016 ACCOUNTS AND AUDIT

There was submitted Report No 336-2016 by the Executive Director of Corporate Services in response to the report by the Council's External Auditor on the audit of the Tayside Pension Funds for the year to 31st March, 2016.

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

(b) EXTERNAL AUDITOR'S ANNUAL REPORT

The above report was submitted and noted (Report No 335-2016).

(c) AUDITED ANNUAL REPORTS AND ACCOUNTS 2015/2016

The above report was submitted and noted (Report No 334-2016).

Ken GUILD, Convener.

At a MEETING of the PERSONNEL APPEALS SUB-COMMITTEE held at Dundee on 15th September, 2016.

APPENDIX I

Present:-

COUNCILLORS

Depute Lord Provost Christina ROBERTS, Convener, in the Chair.

The minute of meeting of this Committee of 30th March, 2016 was held as read.

Unless marked thus * all items stand delegated.

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 7A of the Act.

I DECLARATION OF INTEREST

There were no declarations of interest.

II APPEAL AGAINST DISMISSAL

It was reported that an appeal against dismissal from an employee of the Corporate Services Department had been submitted.

The Sub-Committee heard the Councils representative and witnesses and, thereafter, the Appellant and her representative.

After questions had been put and answers given by both parties to each other and the witnesses and by members of the Sub-Committee, the parties withdrew.

Thereafter, following careful consideration of all the information, the Sub-Committee agreed that the grounds of the appeal had not been substantiated and that the appeal be not upheld.

Councillor Asif intimated his dissent from the foregoing decision.

Christina ROBERTS, Convener.

At a MEETING of the PERSONNEL APPEALS SUB-COMMITTEE held at Dundee on 29th September, 2016.

APPENDIX II

Present:-

COUNCILLORS

Councillor Stewart HUNTER, Convener, in the Chair.

The minute of meeting of this Committee of 8th March, 2016 was held as read.

Unless marked thus * all items stand delegated.

The Sub-Committee resolved under Section 50(A)(4) of the Local Government (Scotland) Act 1973 that the press and public be excluded from the meeting for the undernoted items of business on the grounds that they involved the likely disclosure of exempt information as defined in paragraph 1 of Part I of Schedule 7A of the Act.

I DECLARATION OF INTEREST

There were no declarations of interest.

II APPEAL AGAINST DISMISSAL

It was reported that an appeal against dismissal from an employee of the Neighbourhood Services Department had been submitted.

The Sub-Committee heard the Councils representative and witnesses and, thereafter, the Appellant and her representative.

After questions had been put and answers given by both parties to each other and the witnesses and by members of the Sub-Committee, the parties withdrew.

Thereafter, following careful consideration of all the information, the Sub-Committee agreed that the grounds of the appeal had not been substantiated and that the appeal be not upheld.

Stewart HUNTER, Convener.