http://forum.talkporty.org/viewtopic.php?p=92395#p92395
And the Council's legal advice to PCC:John Stewart wrote:To all concerned.
Portobello Community Council has consistently maintained a neutral stance on issues concerning the site for a new Portobello High School. The recent petition, however, asking for a Special Meeting, 1) to discuss the content of the Portobello Park Action Group website, 2) to request that PPAG remove certain material from its website, and 3) to request that PPAG withdraw its appeal in the matter of the judicial review, would require PCC to support the views of one section of the community over those of another. It also raised concern over whether the proposed business for debate was competent.
Advice was therefore sought immediately from the Council’s community council liaison officer, who in turn sought advice from the Council’s Legal Services department. Advice was finally received today, 19th April.
The advice received is that Portobello Community Council can not enforce any party to alter or delete material from any website over which it does not have control, and that it can not enforce PPAG to withdraw its appeal to the Court of Session.
PCC could request that PPAG remove material from its website and could request PPAG to withdraw its appeal but such action would breach PCC’s position of neutrality and would be viewed as taking sides.
I am fully aware that CCs should be responsive to their communities and should listen to their views. I know how important the whole issue of a new high school is for everyone in Portobello. The Standing Orders for community councils require that a Special Meeting of a community council should be held when a competent petition is lodged. As part 1 of this petition is competent, a Special Meeting of PCC has been arranged for Thursday, 26th April, at 7.30 in Portobello Community Centre, Adelphi Grove.
This meeting will allow PCC to listen to the views of the public and those who signed the petition. Points 2 and 3 of the petition can be discussed but PCC will not vote on these points for the reasons of neutrality explained above. PCC will however note the views expressed by the public on all three points and pass these views on to the Council.
PCC has also been advised that matters pertaining to the Court of Session appeal, such as the issue of common good land, cannot be discussed, as anyone making such comments might be deemed to be in contempt of court.
Points 2 and 3 of this petition for a Special Meeting request PCC to take sides. A community council should not support the views of one section of the community over the views of another.
John Stewart,
Chair, Portobello Community Council.
http://forum.talkporty.org/viewtopic.php?p=92425#p92425
L/The petitioners are seeking:
With regard to parts 2 and 3, the PCC cannot enforce the removal or deletion of any material from third-party websites or the withdrawal by PPAG of the appeal. However, the PCC may request the removal or deletion of material from third-party websites or request the withdrawal by PPAG of the appeal. It is up to the PCC to decide if it is appropriate to make any such request/s. In relation to Part 1, requesting a debate on the matter, in line with the PCC's purpose, you would be allowing parties to express their views which could then be passed to CEC.
- a debate on the inclusion by Portobello Park Action Group Association (PPAG) of alleged factual misrepresentations in public fund-raising and other material;
- that the CC requests the withdrawal of certain material from a group member’s website; and
- that the CC requests that PPAG withdraws its appeal in the matter of the judicial review.
The key issue is to ensure people are given their 'voice'. Section 51(2) of the Local Government (Scotland) Act 1973 Act provides that it is PCC's duty to "ascertain, co-ordinate and express to the local authorities... the views of the community which it represents". The Constitution further provides that the CC "shall be a means whereby the people of the area shall be able to voice their opinions on any matter affecting their lives, their welfare, their environment, its development and amenity" (Para 3(e)).