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Advice indicates decisions may be flawed

Advice indicates decisions may be flawed

Sir, I refer to the article in The Courier, February 26, concerning the decision by the social work and health committee to have a new consultation on the existing decision to close the Kemback Street Centre for adults with learning disabilities.

According to the convener, the reason for this is that the previous consultation had been inadequate.

At no time during the consultation in 2011, was it indicated to service users or the families, that the Kemback Street Centre and the Out and About Service were being considered for closure.

The consultation was not only for those attending Kemback Street Centre but all adults with a learning disability in receipt of a day service from Dundee City Council.

It seems to be a bit bizarre that the service users of Kemback Street are being offered a new consultation but others, including the Out and About Service, are not.

The action group of family members and carers of service users, attending Kemback Street Centre and other day services provided by Dundee City Council, sought legal opinion from a leading QC. His opinion states that Dundee City Council failed in its duties under the equality Act 2010 to consult properly. If this opinion is correct, then the consultation was not only inadequate but invalid. This is why we are seeking a judicial review.

On January 23, March 26and October 29, 2012 the social work and health committee took decisions based on this inadequate and invalid consultation process. This surely now makes those decisions inadequate and invalid.

Rather than attempting to do a “paper over the cracks” job, the decisions taken in January, March and October, based on the flawed consultation, are no longer safe and require to be rescinded.

Any new consultation, following the rescinding of the decisions, would have to be for all service users and not simply those attending Kemback Street.

Failure to do this could leave the council open to further legal challenges.

George R. Stewart. 89 Forfar Road, Dundee.

An obvious solution

Sir, The debate over the question of whether an independent Scotland will automatically be a member of the European Union or will be forced to re-apply is rather perplexing in that there is an obvious solution.

Experts are naturally lined up to back their own side. Those in favour of Scottish independence argue that things will continue subject to “renegotiation”. Those against argue that Scotland would have to re-apply, a process that could, they argue, take a considerable period of time.

Ultimately the position will be a political one, not a legal one as there is no precedent for a situation such as this. However, the UK Government as the member state could simply write to the European Commission about Scotland’s continuing EU membership in the event of a “yes” vote next year. The commission has made clear that it will only give a detailed opinion if presented with a “precise scenario” by an EU member state.

It is possible to prepare and publish a “precise scenario” that will provide the European Commission with the information it needs to consider Scotland’s intention to remain in the EU. The ball, therefore, is clearly in the UK Government’s court to make a submission and end the debate once and for all. Its failure to do so speaks volumes.

Alex Orr. Flat 2, 77 Leamington Terrace, Edinburgh.

To encourage recycling

Sir, I read with interest how students at Dundee University have machines which give a reward when items are recycled.

This has been common in Bavarian supermarkets for a long time. People take bottles back to the shop they were purchased from, they put them in the machine and the machine gives them a slip with the amount of money they can collect at the till.

Perhaps if these machines were installed here it might encourage people to recycle more than they do at present?

June Reid. 12 Findhorn Street, Dundee.

Any need for this expense?

Sir, I am wondering what possible benefit the constituents of Dundee East derive from their Westminster MP Stewart Hosie spending astronomical sums on the most expensive flexible ticket between Dundee and London City Airport?

His expenses reveal he regularly purchases tickets costing up to £588 for the hour-long flight. No doubt he will defend this excess by claiming the unpredictable nature of his job dictates he needs to buy this category of ticket.

However, I know several chief executives of Tayside firms who are frequently on the same early morning flight and who say this is nonsense.

They advise that only a tiny amount of advance planning can reduce the price of the flight significantly.

Then again, they are responsible for keeping tight control of their business overheads while Mr Hosie clearly does not have the same concerns about spending taxpayers’ money.

Gordon Adam. Downiemill, Newbigging.

Fife was first

Sir, I was interested to read Graham Brown’s article (February 25) on the celebrations marking the centenary of the UK’s first operational military airfield at Montrose.

Fife can go one better having the distinction of having the first military air base in Scotland.

Or at least that was my understanding of the Royal Naval Air Service base for seaplanes at Carlingnose, Port Laing, by Inverkeithing, which opened in 1912.

Tom Minogue. 94 Victoria Terrace, Dunfermline.