Agenda and minutes

Including any notices of motion and any other items of business submitted as urgent for consideration at the meeting.

Members should declare any financial and non-financial interests they have in the items of business for consideration, identifying the relevant agenda item and the nature of their interest.

If any

The City of Edinburgh Council of 15 December 2022 – submitted for approval as a correct record

Leader’s report

Rolling Actions Log – May 2015 to December 2022

Regional Prosperity Framework Delivery Plan - referral from the Policy and Sustainability Committee

Treasury Management Mid-Year Report 2022/23 - referral from the Finance and Resources Committee

Accounting for Service Concessions - referral from the Finance and Resources Committee

Renaming the Education and Children’s Service Directorate – referral from the Education, Children and Families Committee

By the Lord Provost - Firefighter Barry Martin – Condolence

“Council:

1)         Expresses its sympathy to the family of Barry Martin who sadly died fighting in a fire in the city on Friday 28 January 2023.

2)         Council also expresses sympathy to the Scottish Fire and Rescue Service as they mourn the loss of a dedicated and brave firefighter.

3)         Council agrees to work with Scottish Fire and Rescue Service to identify an appropriate form of joint recognition.”

By Councillor Jenkinson - National Care Service

“Council notes:

1)         The National Care Service (Scotland) Bill was introduced by the Scottish Government in June 2022 with the intention of reforming how social care, social work and community health services are delivered in Scotland. Currently, the National Care Service is expected to be implemented by 2026.

2)         The proposal to create a National Care Service was based on recommendations made by the Independent Review of Adult Social Care, known as the Feeley Report, which looked specifically at the provision of Adult Social Care Services in Scotland.

3)         The National Care Service (Scotland) Bill proposes transferring responsibility for social care, social work and some community health functions – including staff, and assets such as buildings and equipment – from local government to care boards which will be overseen by Scottish Ministers.

Council believes:

1)         The National Care Service (Scotland) Bill as it stands has a potentially destabilising effect on current service provision, causing great uncertainty and exacerbating existing challenges in the delivery of services and the recruitment of staff.

2)         Potentially transferring one third of all staff currently employed by The City of Edinburgh Council to a care board overseen by Scottish Ministers could impact on the pay, terms and conditions and pensions of staff and could impact the Council’s ability to perform necessary statutory functions and responsibilities.

3)         Centralising social care and social work services could impact the ability to deliver a joined-up approach across other essential services such as: education, housing, welfare, employment, leisure, environment, and social support.

4)         Any move to limit the role of The City of Edinburgh Council as commissioners of services would likely result in a loss of local democratic accountability and local knowledge and risks creating a more fragmented system.

5)         The National Care Service (Scotland) Bill does not recognise the possibilities of improvement within current local governance arrangements.

Council resolves:

1)         To oppose in principle the transfer of powers currently delegated by The City of Edinburgh Council to the Edinburgh Integrated Joint Board to Scottish Ministers.

2)         To work alongside COSLA, other local authorities, trade unions and professional bodies to defend and retain council services under local democratic control.

3).        That the Leader of the Council writes to the Scottish Government requesting that the passage of the National Care Service (Scotland) Bill be “paused” while they reconsider how best to co-design legislation that delivers the social care reforms needed whilst protecting local delivery and accountability and until such time that a full Local Government impact assessment has taken place.”

By Councillor Parker - Declaring a Nature Emergency

Council:

1)         Notes the body of evidence which outlines the alarming extent of the global nature and biodiversity crisis.

2)         Recognises the inherent value of nature, as well as its crucial importance as an integral part of culture and society, and for our health, wellbeing, and economy.

3)         Additionally, recognises the key role nature has to play in meeting climate targets, and for climate adaptation and resilience.

Further, Council:

4)         Welcomes the revised national Scottish Biodiversity Strategy and forthcoming statutory targets for public bodies, including local authorities, required to meet the challenges of the nature crisis.

5)         Welcomes the Kunming-Montreal Global Biodiversity Framework (GBF) agreed at COP15 in December 2022 and celebrates the role played by the Edinburgh Process as part of this.

6)         Recognises the key role subnational governments and local communities will play in realising delivery of the GBF, notes the leading role Scotland played in the Edinburgh Process and at COP15 and believes that, as Scotland’s capital city, Edinburgh should play a leading role in nature recovery and restoration work going forward.

Therefore, Council agrees:

7)         To declare a Nature Emergency, akin to the Council’s declaration of a Climate Emergency in 2019, recognising the current state of nature, its inherent value and the crucial role its recovery and restoration will play in realising climate targets.

Further, Council requests a report to Policy & Sustainability Committee within 2 cycles which:

8)         Explores the possibility of the Council signing up to the Berlin Urban Nature Pact as the next milestone from COP15 after the Edinburgh Declaration and Montreal Pledge.

9)         Outlines how existing Council strategies such as the Biodiversity Action Plan, forthcoming Edinburgh Adapts plan and 2030 Climate Strategy, align with the GBF, Scottish Biodiversity Strategy and Berlin Urban Nature Pact, and notes any changes to existing strategies or additional resource required to deliver against these.

10)       Provides an update on the development of the Vision for Nature as outlined in the Biodiversity Action Plan, including specific consideration of how the Vision for Nature will:

a)         Adopt an ecological coherence approach to effectively identify and target actions required to tackle the nature emergency and deliver against the various strategies listed above, including through the further development of the region’s Nature Network;

b)         Adopt a partnership approach, working with Edinburgh Biodiversity Partnership project partners, including through the Edinburgh Living Landscape, to maximise opportunity for delivery of the strategies listed above, and taking learning from the partnership board model developed as part of the 2030 Climate Strategy work.”

By Councillor Osler - Tree Protection Measures East and West Princes Street Gardens

Council:

1)         Notes that in October 2022 the Culture and Communities Committee agreed the report – “Terms and conditions for Operating Events in Parks: West Princes St Gardens and the Ross Bandstand” and that Appendix I to that report contained Tree and Root protection plan guidance (“Tree Protection Plan”).

2)         Notes that on 9^th November 2022 the Development Management Sub Committee granted one year permission for the temporary change of use and siting of performance units, catering units and other associated moveable structures for Edinburgh’s Christmas Festival located in West Princes St Gardens.

3)         Notes a condition was attached to the granting of the application at 2. above which stated:

“No development on site may begin without written consent from Edinburgh Council Planning Authority. At least 3 days written notice shall be given to the Planning Authority of the date of commencement of the tree protection measures to be carried out. Following the completion of the tree protection measures and prior to development commencing on site the operator shall write to the Planning Authority confirming that the tree protection measures have been completed. No development shall commence on site unless and until an arboricultural specialist from the Council’s Parks and Greenspaces Section or a representative authorised by them, has inspected the completed tree protection measures and subsequently written confirmation has been received from the Planning Authority that the completed tree protection measures are acceptable.”

4)         Notes that on 9^th November 2022 the Development Management Sub Committee granted one year permission for temporary use for a big wheel, associated rides/attractions, food, craft-concession stalls, public toilets, waste facilities, entrance features, boundary treatment, ancillary offices, stores and information signs in East Princes St Gardens.

5)         Notes a condition was attached to the granting of the application at 4. above which stated:

            “Prior to the commencement of development, tree protection measures shall be agreed with the Council’s Parks and Greenspace team and shall be implemented prior to the installation of any structures within the vicinity of the trees. Confirmation of agreement shall be submitted to the Council as a Planning Authority.”

6)         Understands that a Tree Protection Plan for East Princes St Gardens with updated paths is in the process of being developed.

7)         Notes that the Tree in City Action Plan which sets out the Council’s approach to tree management is currently being refreshed.

8)         Agrees that each of: (i) the tree protection plan at 6. above, once completed, and (ii) the Tree in City Action Plan at 7. above, once refreshed, will be presented to the Culture and Communities Committee for approval within one cycle of such completion and refreshment.

9)         Agrees for a report within two cycles to the Culture and Communities Committee setting out:

            a)         For events covered by the applications at 2. and 4. above:

i)          what measures were put in place to ensure tree protection and recovery during and  ...  view the full agenda text for item 8.4

By Councillor Nicolson -Stolperstein

“Council notes:

Holocaust victims are commemorated across Europe with small brass plaques or ‘Stolpersteine’ (stumbling stones), which are permanently placed in the pavement outside places associated with the victim.

Scotland’s most prominent holocaust victim Jane Haining died in the Auschwitz-Birkenau concentration camp in 1944. Her heroism is commemorated as Righteous Amongst the Nations at Yad Vashem in Israel but not yet in Edinburgh where her mission to help Jewish children in Budapest was dedicated.

Her dedication service took place at St Stephen's Church, Edinburgh, on 19 June 1932.

Council Agrees:

To commemorate Jane Haining with the purchase and installation of a ‘Stolperstein’ outside St Stephen’s Church.”

By Councillor McVey - UK Government Attack on Devolution

“Council notes that the UK Government has for the first time in Devolution used a “Section 35 order“ to prevent the clear will of the Scottish Parliament receiving royal assent and becoming law in Scotland.

Council believes the case for the use of the “Section 35 order” is baseless and is tantamount to an attack on the democratic principles and foundations of the Scottish Parliament. Council also notes the opinion of eminent legal professionals including the former Lord Chancellor (Secretary of State for Justice) Lord Falconer in explaining why the UK Government’s attack on democracy is illegitimate. This is in addition to comments from politicians of all parties condemning the action including First Minister Nicola Sturgeon, Scottish Government Minister Lorna Slater, Alex Cole-Hamilton MSP, Monica Lennon MSP and Jamie Greene MSP.

Council also strongly condemns the UK Government Secretary of State for Scotland and the UK Government Secretary of State for Women and Equalities for refusing to attend the Scottish Parliament’s Equalities, Human Rights and Civil Justice Committee to explain their decision to block the Scottish Parliament’s law- which was overwhelmingly passed.

Council instructs the Council Leader to write to the UK Secretary of State for Scotland to condemn the UK Government’s actions and demand they overturn this decision and remove any barriers to Scottish Parliament Legislation receiving Royal Ascent and becoming law.”

By Councillor Campbell - Coillesdene House Lifts

Council

Notes that the even lift at Coillesdene House, an eleven-storey block of flats, has been out of order since before Christmas, and the odd lift has only been working intermittently during this time and that the council is the responsible factor.

Notes that residents have had issues raising the frequent breakdowns with the council and have not been kept updated as to how long it is likely to take to resolve, what the issues are and when scheduled repairs are delayed.

Notes that the lifts at Coillesdene House are some of the oldest in the city, but that they are not scheduled for renewal until later in the capital programme.

Agrees to bring a report in one cycle to the Housing Homelessness and Fair Work Committee which:

• Provides a list of council maintained lifts in the city which includes the following information covering the last five years:

o   The age of the lifts

o   The location of the lifts

o   The number of times the lifts have been out of action and required repairs

o   The number of days each lift has not been working each year

o   The number of days it has taken for each breakdown to be repaired

o   The number of days any building has had both the odd and evens lifts out at the same time

o   The cost of repairs to each lift on an annual basis

• Provides details of the current lift contract and a contract management assessment of how the contract holders are performing against the previous contract holder and their agreed KPIs
• Provides information on when each lift is scheduled into the capital programme for renewal
• Includes any actions that are being taken as a result of the most recent prolonged breakdown at Coillesdene House and any other lifts that have been out of action across the city
• Includes an assessment of whether the current capital programme is aligned to the information we have on the reliability of the lifts, or whether this should be reprofiled.
• Includes an assessment of how our current reporting mechanisms and communication with residents can be improved.”

By Councillor McVey - UK Government Assault on Workers' Rights

“1)        Council notes the UK Government is progressing the Strikes (Minimum Service Levels) Bill which will have a seriously negative impact on worker’s rights in Edinburgh.

2)         Council condemns this as an assault on workers’ rights in areas like health, education, blue light services and transportation.

3)         Council notes repeated reports of Tory Minsters avoiding and evading taxes, with ministers or their families using loopholes such as non-dom status, off-shore holding companies and securing “loans” instead of gifts - all of which has reportedly cost the taxpayer tens of millions in lost revenue from UK Government cabinet ministers alone.

4)         Council agrees Conservative cabinet ministers paying the correct taxation would mean more money for public services, improving Government’s ability in every sphere to meet the pay expectations of hard-working public sector staff and this would be a better course of action than the regressive anti-worker legislation being proposed.

5)         Council instructs the Council Leader to write to the Prime Minister, within 5 working days, calling for the immediate withdrawal of this bill and for the devolution of employment law matters to Scotland.

6)         Further agrees this letter should request all Conservative cabinet members pay the taxes owed and commit to not using legal and illegal instruments to hide money from being fairly taxed.”

By Councillor Nicolson - Non-Council Run Community Spaces

“Council notes:

Community spaces such as neighbourhood centres run by management committees across Edinburgh are increasingly unable to raise grant funding to cover core costs such as heating, lighting, staffing and other overheads.  As a result, such organisations face an uncertain future and some face imminent closure, exacerbated by increased costs for energy. 

Such organisations are providing lifeline services to people during the cost-of-living crisis such as food banks, clothing banks and warm banks.  In addition, such centres provide youth work, older peoples’ groups and other activities which provide fellowship to local people and prevent social isolation.

In June 2022, Council agreed that due to the number of community-run centres facing closure due to financial strain, that a report is brought to Council in one cycle identifying those under financial strain and where additional resources can be made available to keep valuable community resources open.

Council agrees:

To commission the previously requested report within one cycle identifying what can be offered in the way of strategic and financial support for such organisations.”

By Councillor Lang - Surface Treatment of Carriageways

Council

1)         notes the significant investment made each year in ‘chip and spray’ carriageway surface treatment in order to extend the life of roads throughout Edinburgh and maintain the city’s Road Condition Index (RCI) rating.

2)         is concerned at issues arising from the quality of the delivery of this work over the last year, specifically that;

i)          some of the work undertaken by the contractor was inconsistent with that agreed with Council officers and covered by relevant traffic orders,

ii)         the materials caused issues in terms of blocking gullies which added to localised flooding,

iii)        a significant amount of time passed before important road markings were repainted, causing safety concerns,

iv)        some roads are already seeing the new surface wear away, just months after the work was carried out and,

v)         a number of roads have not had sufficient road sweeping since their treatment, with substantial amounts of loose chippings remaining on roads and footways.

3)         Seeks a report to the Governance, Risk and Best Value Committee within two cycles, looking at whether the Council’s spend on surface treatment continues to represent best value given the issues which have arisen.”

By Councillor Campbell - Drug and Alcohol Recovery Services in Niddrie and Craigmillar

“Notes that there are currently no drug and alcohol recovery drop-in services in Niddrie and Craigmillar since provision that was in place was stopped during the pandemic and has not been resumed.

Notes that this means that service users are expected to travel to Leith to access Medically Assisted Treatment and drop-in services.  Which is a lengthy bus journey away and not suitable for people with anxiety, physical and other issues brought about by addictions.

Agrees that this is totally unacceptable and instructs officers to work with the Health and Social Care Partnership and the Edinburgh Alcohol and Drug Partnership to reinstate services as a matter of urgent priority.

Agrees that an update will be reported back to Council within one cycle.”

By Councillor Mumford - Gender Recognition Reform

“1)        Council welcomes the passing of the Gender Recognition Reform Bill by the Scottish Parliament and reaffirms our response to the Scottish Government consultation in 2020 which stated: “The Council supports the proposals which improve the process by which to gain legal gender recognition. The Council agrees that the proposals do not impact on access to single sex spaces and facilities. Introducing a revised system for obtaining legal gender recognition will enable transgender people to obtain legal rights without having to go through an overly intrusive system established by the current Gender Recognition Act. The proposals also support the rights of young people.”

2)         Council therefore Requests that the council leader writes to relevant ministers in the Scottish and UK Government to reiterate the Council's agreed position of support for the proposals in the Gender Recognition Reform Bill

Council also

3)         Recognises with regret and concern that incidences of hate crime against members of the transgender community in Scotland have trebled since 2014/15.

4)         Reaffirms our statement of November 2022 that “Edinburgh should be a welcoming and safe place for trans people, where they are able to access employment, education, housing and healthcare, and live their lives free from discrimination and fear.”

5)         Requests a report to Full Council in two cycles bringing together existing strategies and policies – across service areas – to support our trans residents and visitors, and making recommendations for additional strategies and policies to fill any gaps identified. This should involve engagement with third sector organisations with expertise in these issues for example Scottish Trans Alliance.

6)         Finally requests that Council Communications channels be used to publicly share a statement of support for the trans community in Edinburgh at this time.”

By Councillor Meagher - Energy Costs

“Council:

Notes with concern reports of a sharp increase in the number of struggling households being forced onto more costly prepayment meters.

Further notes that, according to Citizens Advice data, 3.2 million people in the UK were left in cold and dark homes in 2022 after running out of prepay credit.

Agrees that the Leader will write to Ofgem in support of their investigation of energy companies and calling on Ofgem to take legal action if its investigation proves that companies are failing to take proper due care of vulnerable households; and ask for the introduction of social tariffs to be mandated for all suppliers.

Further agrees that the Council Leader will write to the main energy suppliers calling on them to intervene to demonstrate they are reputable, caring companies, to stop this practice and to seek fairer tariffs that reflect the decreasing wholesale costs of energy.”

By Councillor Heap - Concessionary Ticket Schemes for Cultural Events

“Council

1)         Notes that a number of cultural organisations and events in the city, including several Festivals and Capital Theatres venues, offer free and/or reduced tickets for groups identified as requiring low or no-cost access to cultural events.

2)         However, further notes that not all organisations and events, including some held in partnership with the Council, offer low or no-cost access to cultural events.

3)         Believes that the cost-of-living crisis means that Council must re-double efforts to ensure that city residents' personal financial situation is not a barrier to accessing cultural events

4)         Requests a report to the Culture and Communities Committee within two cycles which:

a)         Summarises current levels of provision of free and low-cost cultural events in the city, including, but not limited to:

i)          Festivals under the Festivals Edinburgh brand
ii)         Events held on Council land or in Council buildings
iii)        Events held as part of Council contracts, including but not   limited to, Edinburgh’s Christmas and Edinburgh’s Hogmanay
iv)        Events in receipt of Council grant funding

b)         Explores what steps the Council can take to expand the provision of free and low-cost tickets, including, but not limited to the types of events mentioned in 4).”

By Councillor Younie - Muirhouse Millenium Centre

“Council;

1)         Notes the tremendous community support facilitated by the Muirhouse Millennium Centre, with a number of groups basing themselves within the centre and providing services and aid to many from vulnerable and disadvantaged backgrounds.

2)         Notes that Muirhouse Millenium Centre, like many other community centres in Edinburgh, has faced years of declining financial support, despite demand for their services from local residents continuing to increase.

3)         Expresses deep concern at the future of the Centre being in doubt as a result of substantial financial pressures and recognises how the loss of the Centre would be a devastating blow to the local community.

4)         Regrets that the information requested last year by Council concerning the financial status of community centres throughout the City was not collected.

5)         Agrees that officers should engage with the Muirhouse Millenium Centre Board to provide advice and support on how the centre can continue on a sustainable financial basis, and for outcomes of this work to be reported via a business bulletin to the Culture and Communities Committee and ward councillors.”

By Councillor Jones - Flexi-Schooling

“Council notes that:

1)         Some parents may choose to home educate, with attendance at school on a part-time basis, which may need the Council’s consent; this is known as flexi-teaching;

2)         Council requests that the Executive Director for Education provides a report in one cycle to the Education, Children and Families Committee setting out of the number of children who attend flexi-teaching for every primary school in Edinburgh; how many pupil days are spent in flexi-teaching for each school and the proportion of time spent overall in flexi-teaching for each school and for the City of Edinburgh Council as a whole.

3)         Council requests a detailed report for each school as to the impact on assessment of the expected levels of attainment for the Curriculum for Excellence, if any.

4)         The report should also include details of the impact on class management and the challenges for teachers and pupils arising from the operation of flexi-teaching.”

By Councillor Miller - Care Home Contracts

“Council:

1)         Notes multiple decisions have recently been taken under urgency powers regarding contracts for council care home staffing.

2)         Notes health and social care spokespeople were not consulted by the relevant officers in the run up to these decisions being taken nor directly informed after the decisions were taken.

3)         Notes that the end points of the contracts and the service requirements were known in advance, allowing for reports to be brought to the relevant committee(s), which would have avoided the risks associated with invoking urgency powers.

4)         Calls for a report to Policy and Sustainability Committee in March detailing social care contracts, with details of the procurement procedures and decision making processes for each contract:

            a)         Which have been procured or extended during the last 12 months.

            b)         Currently going through any stage of procurement, extension or     alteration.

c)         Which are expected to begin procurement or may require extension or alteration within the next 12 months.

5)         Requests that the Chief Executive reviews and considers process improvements it can make regarding the use of urgency powers and provide a briefing note to elected members on improvements to be introduced.”

By Councillor Mumford - Atlantic Body and Soul

“Council:

Congratulates ‘Atlantic Body and Soul’ team, all members of the Eastern Amateur Coastal Rowing Club in Portobello, who successfully sailed 3,000 miles across the Atlantic Ocean. In doing so they raised over thirty-five thousand pounds for Body and Soul, a frontline charity that provides support for people of all ages who have experienced grave trauma in childhood, and The Junction who offer services and support for young people in Edinburgh.”

By Councillor McFarlane - BT Phone Boxes – for answer by the Leader of the Council

By Councillor McFarlane - Cleansing Improvement Programme Manager – for answer by the Convener of the Transport and Environment Committee

By Councillor McVey - Forth Green Freeport Bid – for answer by the Leader of the Council

By Councillor Aston - EV Charging – for answer by the Convener of the Transport and Environment Committee

By Councillor Osler - Flood Trial Exercise Water of Leith – for answer by the Convener of the Transport and Environment Committee

By Councillor Lang - School Travel Plans – for answer by the Convener of the Transport and Environment Committee

By Councillor Dijkstra-Downie - Leaf Sweeping Plan for North Edinburgh Paths Network – for answer by the Convener of the Transport and Environment Committee

By Councillor Lang - Pavement Parking Ban – for answer by the Convener of the Transport and Environment Committee

By Councillor Lang - Royal High School Extension – for answer by the Convener of the Education, Children and Families Committee

By Councillor Caldwell - Deaths of People Experiencing Homelessness in 2021 – for answer by the Convener of the Housing, Homelessness and Fair Work Committee

By Councillor Davidson - Unplanned School Closures – for answer by the Convener of the Education, Children and Families Committee

By Councillor Osler - Footway Surface Treatments and Dropped Kerbs – for answer by the Convener of the Transport and Environment Committee

By Councillor Caldwell - Food Provision in High Schools – for answer by the Convener of the Education, Children and Families Committee

By Councillor Aston - Winter Maintenance Plan – for answer by the Convener of the Transport and Environment Committee

By Councillor Mattos Coelho - Women's Liberton Rugby Club – for answer by  the Convener of the Culture and Communities Committee

By Councillor Thornley - Planned Pedestrian Crossing Upgrades – for answer by the Convener of the Transport and Environment Committee

By Councillor Thornley - Traffic Management at West Craigs and Maybury – for answer by the Convener of the Transport and Environment Committee

By Councillor Parker - Hermitage Drive, Braid Road, Braidburn Terrace – for answer by the Convener of the Transport and Environment Committee

By Councillor Younie - Community Participation Requests – for answer by the Leader of the Council

By Councillor Booth - Licensing Board – for answer by the Leader of the Council

By Councillor Booth - Short Term Let Enforcement – for answer by the Convener of the Planning Committee

By Councillor Mitchell - Goldenacre Steps – for answer by the Convener of the Transport and Environment Committee

By Councillor Mowat - Project Centre – for answer by the Convener of the Transport and Environment Committee

By Councillor Whyte - Air Quality – for answer by the Convener of the Transport and Environment Committee

By Councillor Whyte - Smart Bins – for answer by the Convener of the Transport and Environment Committee

By Councillor Bruce - Bus Deserts – for answer by the Convener of the Transport and Environment Committee

By Councillor Bruce - Currie Community High School Swimming Pool – for answer by the Convener of the Education, Children and Families Committee

By Councillor Cowdy - Integrated Impact Assessments (IIA) for each ETRO 202_ - TRO2130 – for answer by the Convener of the Transport and Environment Committee

By Councillor Cowdy - ETRO 202_ - TRO2130 – for answer by the Convener of the Transport and Environment Committee

By Councillor Booth - Introduction of a School Street at Stanwell Street – for answer by the Convener of the Transport and Environment Committee