Meeting documents

Standards Committee
Monday, 28th February, 2011 7.30 pm

Time: 7.30 pm Place: Council Chamber, Council Offices, Gernon Road, Letchworth Garden City
 PRESENT: INDEPENDENT MEMBERS
Mr N Moss (Chairman), Mr P Chapman (Vice-Chairman) and Mr S Gillies.
PARISH COUNILLORS
Councillor B Hillan.
DISTRICT COUNCILLORS
Councillor Mrs A.G. Ashley, Councillor Judi Billing, Councillor Sal Jarvis, Councillor M.R.M. Muir and Councillor Lawrence Oliver.
 IN ATTENDANCE: Corporate Legal Manager (Monitoring Officer), Senior Lawyer (Deputy Monitoring Officer) and Committee and Member Services Officer.
 ALSO PRESENT:
Item Description/Resolution Status Action
PART I
10 APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of District Councillor Bernard Lovewell; Parish Councillors M. Goddard and R. Wornham; and Mr P. Joester. It was noted that parish councils in North Hertfordshire had been invited to the meeting, but that none had attended.
 Noted   
11 MINUTES
Minutes

RESOLVED: That the Minutes of the meeting of the Committee held on 29 June 2010 be approved as a true record of the proceedings and signed by the Chairman.
 Agreed   
12 NOTIFICATION OF OTHER BUSINESS

No other items were presented for consideration.
 Noted   
13 CHAIRMAN'S ANNOUNCEMENTS

(1) The Chairman welcomed everyone to the meeting and extended a particular welcome to the Deputy Monitoring Officer and the Committee and Member Services Officer.

(2) The Chairman extended good wishes, on behalf of the Committee, to District Councillor Bernard Lovewell for a fast recovery.

(3) The Chairman reminded Members that, in line with the Code of Conduct, any Declarations of Interest should be declared immediately prior to the item in question.
 Noted   
14 CONFIDENTIAL REPORTING CODE (WHISTLEBLOWING) POLICY REVIEW
Report
Appendix A
Appendix B

The Deputy Monitoring Officer presented a report in respect of some proposed amendments to the Council's Confidential Reporting Code. The following appendices were submitted with the report:
Appendix A - The Confidential Reporting Code for employees;
Appendix B - Handling Whistleblowing: Practical Tips for Managers.

The Deputy Monitoring Officer informed the Committee that the policy covered situations where concerns had been raised about how the Council operated and that it aimed to protect the "whistleblower". He advised that the current policy had been adopted in 2007 and, although revisions had been made in 2008, they had not been adopted. The policy, which had been reviewed again, now included more avenues for whistleblowing and choice of who to discuss the problems with, including internal and external options. A new section "Practical Tips for Managers had been included at Appendix B.

It was noted that the Policy had already been considered by the Joint Staff Consultative Committee, Audit and Risk Committee and the Corporate Governance Group and that following consideration by the Standards Committee it would go to Cabinet.

The Committee debated the report and commented that the tone of the policy may not encourage "whistle blowing" due to its emphasis on the consequences of malicious reporting. They were concerned that those who were mistaken in their allegations, although they may have made them in good faith, would be treated automatically as if they were making their allegations maliciously. They considered also that managers might not be in a position to judge whether an unfounded allegation was malicious or not. They proposed amendments to address these points.

The Deputy Monitoring Officer advised that the Tips for Managers detailed that the starting point was to consider whether the allegation had substance and then, whether there was a malicious intent in reporting it. If malicious intent were suspected the Monitoring Officer and Human Resources would take it further.

The Deputy Monitoring Officer advised that changes to the way in which the Council's Audit function was delivered were under consideration and that the Committee may wish to postpone the protocol for audit.

Members suggested the following amendments:
- that in the POLICY, the section entitled "How do I raise my concern?" should be moved towards the front of the policy;
- that in the POLICY, the section entitled "What is the Policy About?" includes the word Councillors in the first sentence and that the second sentence be deleted.
- in TIPS FOR MANAGERS, 'in the ‘What if the Whistleblower has an ulterior motive?' section, that the sentences after ‘ The starting point... " should be moved closer to the beginning of that section
- in TIPS FOR MANAGERS in the ‘What if the Whistleblower has an ulterior motive?' section, that the word "found" be replace with "suspected".

RESOLVED:
(1) That the proposed Confidential Reporting (Whistleblowing) Policy be noted:

(2) That the Deputy Monitoring Officer be requested to consider making the amendments listed above to the Confidential Reporting (Whistleblowing) Policy;

(3) That the Deputy Monitoring Officer be requested to consider making the amendments listed above to the Guidance for Line managers.

REASON FOR DECISION: To ensure that the Council has effective means of tackling fraud.
 Agreed  Senior Lawyer
15 UPDATE ON PROGRESS AND WORK PROGRAMME
Report
Appendix 1

The Monitoring Officer presented a report updating Members on progress and the work programme last considered by the Committee at its meeting held on 29 June 2010. The following appendices were submitted with the report:
Appendix 1 - Work Programme;
Appendix 2 - Update on Code of Conduct Complaints (Part 2 document).

The Monitoring Officer referred to and commented on the work programme, which had been tabled at the meeting and Members debated the report as follows:

- INVOLVEMENT OF TOWN/PARISH COUNCILS - the Monitoring Officer confirmed that all Parish Councils had been invited to attend the Standards Committee meeting that evening;

- REVIEW OF THE LOCALISM BILL AND IMPACT ON THE STANDARDS REGIME - the Monitoring Officer advised that details of the Localism Bill were emerging and therefore this would be kept under review;

- REVIEW OF CONFLICTS OF INTEREST POLICY - the Deputy Monitoring Officer advised Members that the conflicts of interest policy had been considered by the Audit and Risk Committee and that, although under the terms of the council's constitution, this policy was not in the remit of the Standards Committee, progress would be reported. The Monitoring Officer advised that the policy was important to ensure protocols and processes which would link into the formal complaints procedure;

- ADVICE/GUIDANCE ON WEBSITE PUBLICATION OF MEMBERS' INTERESTS AND GIFTS AND HOSPITALITY - The Committee was advised that Council at its meeting in December 2010 had considered the publication of members' interests and gifts and hospitality on the council's website. They had decided that members expenses would continue to be published on the website, but that interests and gifts and hospitality would not, although they would be available for inspection;

- DECLARATIONS OF ACCEPTANCE OF OFFICE/INTERESTS - the Monitoring Officer advised that the majority of these forms had now been received and that further monitoring would be required following the elections in May 2011;

- CONFIDENTIAL REPORTING POLICY - the Monitoring Officer advised that following consideration of this item by the Committee it would be referred to Cabinet on 22 March 2011;

- ANNUAL REPORT TO COUNCIL ON THE WORK OF THE STANDARDS COMMITTEE - The Chairman confirmed that he would present the Annual Report to full Council;

- REVIEW OF GIFTS AND HOSPITALITY POLICY - the Monitoring Officer confirmed that this item would not come before the Committee, although the Monitoring Officer undertook to keep Members updated with progress;

- WORK PROGRAMME - The Monitoring Officer advised that the Work Programme could not be more detailed, until clear direction had been received regarding the Standards Regime and the Localism Bill.

THE FUTURE OF THE STANDARDS REGIME - the Monitoring Officer advised that the requirement for quarterly returns to the Standards Board for England had been suspended and that the Localism Bill if passed into law stated that there would no longer be a requirement for authorities to adopt a code of conduct or to appoint a Standards Committee. As a result, conduct issues would be the function of the Council. There might also be the creation of a new criminal offence.

The Chairman informed Members that the future for Standards was uncertain, although this should not prevent starting a debate regarding what could replace the existing regime. Any debate would not be binding on the Authority. He summarised the position as follows: that the Standards Board for England would cease to exist; that the Code of Conduct and Standards Committees would become voluntary and that there would be no sanctions for misconduct other than through the ballot box or criminal law. He suggested that Members might wish to express a view on whether or not there should be a Code of Conduct, whether or not there should be a Standards Committee and whether Independent Members should sit on any Standards Committee.

SHOULD THERE BE A CODE OF CONDUCT?
Members commented that in some instances the existing standards process had resulted in a lot of time and effort being spent on relatively minor complaints. They felt that members should be well behaved; that a code of conduct drawn up by this Council may be more relevant to them; that a structure and system for monitoring the reputation and conduct of councillors should be considered; but that the creation of a number of local codes of conduct could result in inconsistency. However, it was reassuring to have a Code in place.

They agreed that it was crucial that parishes were properly involved with any code of conduct so that complaints could be dealt with effectively; that any Code of Conduct should be expressed briefly and publicised; but they were concerned that sanctions would not be enforceable.

The Monitoring Officer informed Members that there was still a lot of detail to be provided and therefore she could not answer questions regarding Parishes . There was also a lack of clarity about potential sanctions available if Codes were not complied with.

The Deputy Monitoring Officer advised that, although specific questions could not yet be answered, a Model Code of Conduct could be used as a basis for Local Codes of Conduct.

WHETHER THERE SHOULD BE A STANDARDS COMMITTEE.
Members considered that a Standards Committee ensured Member involvement.

SHOULD INDEPENDENT MEMBERS SIT ON A STANDARDS COMMITTEE
Members considered that independent members of the Standards Committee were valuable and gave an additional level of reassurance that standards issues were taken seriously.

The Chairman summarised the debate as follows:
- that a code of conduct was needed, although members were agnostic about whether this was local or national, voluntary or mandatory;
- that any code of conduct should be expressed briefly and should be publicised;
- that there should be a standards committee and that independent involvement in it was useful;
- that sanctions were required for any breaches of the code of conduct in addition to the ballot box and the creation of a criminal offence may relate to a failure to declare interests.

RESOLVED:
(1) That the updates contained in the report entitled "Update on Progress and Work Programme" be noted;

(2) That the proposed Standards Committee Work Programme be agreed;

REASON FOR DECISION: To ensure good governance within the Council.
 Agreed   
16 EXCLUSION OF PRESS AND PUBLIC

RESOLVED: That under Section 100A(4) of the Local Government Act 1972, the press and public be excluded from the meeting for the following discussion, on the grounds that the items may involve the likely disclosure of exempt information, as defined in Paragraphs 1 and 2 of Part 1 of Schedule 12A of the said Act (as amended).
 Agreed   
PART II
17 APPENDIX 2 TO UPDATE ON PROGRESS AND WORK PROGRAMME REPORT - UPDATE ON CODE OF CONDUCT COMPLAINTS
Data/Standards Committee/201102281930/Agenda/Appendix 2

The Committee considered an update on code of conduct complaints.

RESOLVED:

(1) That the update on Code of Conduct complaints, as set out in Appendix 2 to the Update on Progress and Work Programme report, be noted;

(2) That the Monitoring Officer be requested to include anonymised information regarding outcome in future reports regarding code of conduct complaints.
 Agreed  Corporate Legal Manager