Meeting documents

Standards Committee
Tuesday, 26th February, 2013 7.30 pm

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 Date: Tuesday, 26th June, 2012 Time: 7.30pm Place: Committee Room 1, Council Offices, Gernon Road, Letchworth Garden City
 PRESENT: Mr Nicholas Moss (Independent Chairman), Mr Peter Chapman (Independent Vice-Chairman), Mr Stewart Gillies and Mr Philip Joester.
Parish Councillor Robert Wornham.
District Councillors Sal Jarvis, Bernard Lovewell, Alan Millard, M.R.M. Muir and Mike Rice.
 IN ATTENDANCE: Acting Senior Lawyer (Acting Deputy Monitoring Officer) and Committee and Member Services Manager.
 ALSO PRESENT:
Item Description/Resolution Status Action
PART I
1 APOLOGIES FOR ABSENCE

Apologies for absence were submitted on behalf of District Councillors Judi Billing and L.W. Oliver and Parish Councillor Brian Hillan.
 Noted   
2 MINUTES
Data/Standards Committee/201302261930/Agenda/Minutes

RESOLVED: That the Minutes of the meeting of the Committee held on 21 March 2012 be approved as a true record of the proceedings and signed by the Chairman.
 Agreed   
3 NOTIFICATION OF OTHER BUSINESS

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

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   
5 CHANGES TO THE STANDARDS REGIME
Report
Appendix 1
Appendix A to Appendix 1
Appendix B to Appendix 1
Appendix C to Appendix 1
Appendix 2

The Acting Deputy Monitoring Officer presented a report of the Acting Monitoring Officer in respect of proposed changes to the Standards Regime. The following appendices were submitted with the report:

Appendix 1 - Draft Report to Council: 12 July 2012;
Appendix 2 - Investigation Procedure.

The Acting Deputy Monitoring Officer stated to the Committee that the Local Government Act 2000 introduced a framework relating to standards of Members' conduct. This included the adoption of a Members' Code of Conduct and securing arrangements for the investigation and determination of allegations of breach under the adopted code. The Annual Council Meeting on 17 May 2012 had agreed that the arrangements would include the retention of a Standards Committee. The Standards Committee, through its Sub-Committee, would take on the role of hearing and determining complaints referred to it by the Monitoring Officer.

The Acting Deputy Monitoring Officer advised that the Localism Act 2011 made fundamental changes to the system of regulation of standards of conduct for Members. It abolished the current Standards regime, including Standards for England (formally abolished on 31 March 2012), statutory Standards Committees, the ten General Principles and the Model Code of Conduct.

The Acting Deputy Monitoring Officer reminded Members that a number of decisions on the new Standard regime were made at the Annual Council Meeting on 17 May 2012. Due to uncertainty caused by the delay in publication of the relevant regulations under the Localism Act 2011, a number of matters were not able to be resolved in time for Annual Council. The Council would be considering the remaining Standards matters at its meeting to be held on 12 July 2012.

The draft report to Council was attached at Appendix 1 to the report, and the Standards Committee was invited to consider and comment on the various proposals set out within the report.

The Acting Deputy Monitoring Officer further reminded Members that, at the Annual Council Meeting on 17 May 2012, the Standards Committee had been delegated the authority to approve a Complaints Investigation Procedure. A draft procedure was attached at Appendix 2 to the report, and the Committee was recommended to approve the procedure, subject to any comments. The procedure was intended to cover the minimum requirements, but not be too prescriptive, as the nature of the investigation required for a complaint would vary from case to case.

The Committee considered the draft report to Council and supporting documentation.

Appendix A - Draft Code of Conduct

The Chairman stated that version of the Code of Conduct attached to the report was essentially the current Code, amended to take account of the new requirement for Disclosable Pecuniary Interests, other types of interest, and minor consequential changes as a result of the new regime.

Prior to consideration of the document, Councillor Sal Jarvis stated that she preferred that the Council used either the shorter DCLG or LGA versions of the Code, which she felt were much simpler to understand, both for Members and members of the public. They were both succinct and focussed on the standards expected for Members. Whilst she normally supported the Council to pick up the extra burden of assimilating new legislative requirements into its policies and procedures, in this instance she considered that it would be sensible to adopt one of the shorter codes, with local adaptations as appropriate.

The Acting Deputy Monitoring Officer replied that the DCLG or LGA Code were not recommended by the NHDC Acting Monitoring Officer, as it was considered that neither was enforceable as they were too subjective. She referred to the comments of Bevan Brittan LLP, who had gone further in their criticism of the two codes by stating "our view is that both these Codes are seriously flawed, lacking in clarity, very weak on confidentiality, respect and bullying, and open to political abuse now that Standards Committees no longer contain Independent Members and have an Independent Member Chairman." She added that two of the three NHDC Political Group Leaders had supported adoption of the Code as set out at Appendix A to the report.

The Committee debated the matter, and by a majority supported the Code set out at Appendix A to the report. Councillor Sal Jarvis wished her name to be recorded as voting against the recommended Code.

In response to a questions, the Acting Deputy Monitoring Officer stated that despite numerous attempts to standardise a new Code of Conduct across District/Borough Councils, this had not been achieved. However, the National Association of Local Councils had developed a standardised Code for Parish/Town Councils which it was intended would be adopted by the majority of them.

The Committee proposed the following substantive amendments to Appendix A:

- General Principle 5 - Openness - second line: after the words "…those actions" addition of the words "and restrict information only when the wider public interest clearly demands.";

- General Principle 6 - deletion of the words "and Integrity" so that it was headed "Honesty", to reflect the wording of the Localism Act 2011;

- Paragraph 11 - Other Pecuniary Interests - addition of the word "and" between "business" and "might" in the second line, and the words "or body" between "person" and "to" in the third line;

- Paragraph 13 - Relevant Person - renaming the title as "Relevant Person or Body"; addition of the words "or body" between "person" and "is" on the first line; and moving of the whole paragraph to below Paragraph 11 (to become new Paragraph 12), and consequent re-numbering of the next paragraph and amendment of relevant paragraph references throughout the document;

- Paragraph 12 (new Paragraph 13) - Non-Pecuniary Interests - addition of the words "or body" between "person" and from" on the second line of item (d); and change of the figure from "£25" to "£50" at the end of item (d), with the addition of "you need not disclose the interest if it was registered more than three years before the date of the meeting";

- Paragraph 14 - Disclosure of Interests - Addition of the words in 14.6 to the end of 14.5 to form a single paragraph;

- Paragraph 16.1 - Effect of Disclosable Pecuniary Interests on Participation - addition of the word "you are" between "if" and "present" in the first line of item (a); and replacement of the reference to "16.1(a)" with "16.1(b)" in the first line of 16.1(c);

- A new title above Paragraph 16.3 entitled "Effect of Other Pecuniary or Non-Pecuniary Interests on Participation"; addition of the words "or a non-pecuniary interest" between the word interest on the first line and "in" on the second line; and deletion of the words "unless you have obtained a dispensation from your authority's proper officer in a case where paragraph 16.3 applies" from the middle of item (b);

- Paragraph 17.1 - Registration of Members' Interests - deletion of item (ii).

Appendix B - Complaints Arrangements Procedure

The Committee proposed the following amendments to Appendix B:

- Change of title of appendix to "Complaints Procedure for matters relating to the Councillors' Code of Conduct";

- Paragraph 4.2 - Standards Sub-Committee - re-wording to reflect the revised composition of Standards Sub-Committees now recommended by the Monitoring Officer;

- Paragraph 9.1 - replacement of the word "and" with "or" in the fourth line;

- Paragraph 9.1.2 - replacement of the word "Panel" with "it" in ninth line of the final paragraph.

Appendix C - Terms of Reference for the Standards Committee and Sub-Committee

The Committee proposed the following amendments to Appendix C:

- Terms of Reference of the Standards Committee (second page) - replacement of the word "the" with "its" in the final line of the second bullet point; and deletion of the penultimate bullet point in respect of dispensations;

- Terms of Reference of the Standards Sub-Committee (third page) - in brackets after the Quorum of "at least 3 voting Members" addition of the words "which should aim to achieve cross-party political representation, wherever practicable".

The Committee considered the recommendations in the draft report to Council and supported Recommendations 9.1 to 9.8 and 9.13 to 9.16, subject to the proposed amendments to Appendices A, B and C set out above.

Prior to the consideration of the draft Recommendations 9.9 and 9.10, concerning the appointment of the Independent Person, the Chairman (Mr Nicholas Moss) declared a personal and prejudicial interest in this matter and withdrew from the meeting. The Vice-Chairman (Mr Peter Chapman) took the Chair.

The Committee supported Recommendations 9.9 and 9.10 to Council.

The Chairman returned to the meeting and assumed the Chair.

Prior to the consideration of the draft Recommendations 9.11 and 9.12, concerning the appointment of the Reserve Independent Person, the Vice-Chairman (Mr Peter Chapman) declared a personal and prejudicial interest in this matter and withdrew from the meeting.

The Committee supported Recommendations 9.11 and 9.12 to Council.

The Vice-Chairman returned to the meeting.

The Committee approved the draft Investigation Procedure attached at Appendix 2 to the report.

RECOMMENDED TO COUNCIL: That the recommendations contained in the report to Council, attached at Appendix 1 to the report, be supported, subject to the inclusion of the proposed amendments to the Draft Code of Conduct, Complaints Procedure Arrangements and Terms of Reference for the Standards Committee and Sub-Committee outlined above.

RESOLVED: That the Draft Investigation Procedure, as attached at Appendix 2 to the report, be approved.

REASON FOR DECISION: To ensure the Council meets its statutory obligations and continues to improve its working practices.


[As this had been the final meeting of the Committee under the existing Standards regime, Members expressed their heartfelt gratitude to the Independent Chairman and Vice-Chairman for their dedication, hard work and guidance during their time in the roles. The Chairman reciprocated by thanking all District Councillors, Parish Councillors, Independent Members and supporting officers for their assistance to himself and the Committee over the same period.]
 Agreed   
Published on Wednesday, 4th July, 2012
9.40pm