Agenda, decisions and minutes

Apologies for absence were received from District Councillors Mike Rice (Chairman), Ian Mantle, Frank Radcliffe and Terry Tyler, and Community Councillor Gary Hills (Co-opted non-voting Parish Council Representative).

Apologies for absence were received from District Councillors Mike Rice (Chairman), Ian Mantle, Frank Radcliffe and Terry Tyler, and Community Councillor Gary Hills (Co-opted non-voting Parish Council Representative).

To take as read and approve as a true record the minutes of the meeting of the Standards Committee held on 10 October 2017.

RESOLVED:  That the Minutes of the meeting of the Committee held on 10 October 2017 be approved as a true record of the proceedings and signed by the Chairman.

RESOLVED:  That the Minutes of the meeting of the Committee held on 10 October 2017 be approved as a true record of the proceedings and signed by the Chairman.

Members should notify the Chairman of other business which they wish to be discussed by the Committee at the end of the business set out in the agenda. They must state the circumstances which they consider justify the business being considered as a matter of urgency.

The Chairman will decide whether any item(s) raised will be considered.

No other items were presented for consideration.

No other items were presented for consideration.

Members are reminded that any declarations of interest in respect of any business set out in the agenda, should be declared as either a Disclosable Pecuniary Interest or Declarable Interest and are required to notify the Chairman of the nature of any interest declared at the commencement of the relevant item on the agenda. Members declaring a Disclosable Pecuniary Interest must withdraw from the meeting for the duration of the item.  Members declaring a Declarable Interest which requires they leave the room under Paragraph 7.4 of the Code of Conduct, can speak on the item, but must leave the room before the debate and vote.

(1)     The Chairman reminded Member that, in line with Council Policy, the meeting was being recorded and requested that people announce their name prior to speaking; and

(2)     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.

(1)     The Chairman reminded Member that, in line with Council Policy, the meeting was being recorded and requested that people announce their name prior to speaking; and

(2)     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.

To receive petitions, comments and questions from members of the public.

There was no public participation.

There was no public participation.

REPORT OF THE ACTING MONITORING OFFICER

To update the Committee on standards issues generally.

RESOLVED:

(1)        That the contents of the report be noted; and

(2)       That the Acting Monitoring Officer submit a response to the Committee on Standards in Public Life (CSPL) regarding its Review of local government ethical standards: stakeholder consultation along the lines set out in the preamble to Minute 13 above.

REASON FOR DECISION:  To ensure good governance within the Council.

The Acting Monitoring Officer presented a report in respect of standards issues generally.  The following appendices were submitted with the report:

Appendix A – Local Government Ethical Standards: Stakeholder consultation; and

Appendix B – Protocol with Hertfordshire Constabulary.

The Acting Monitoring Officer referred to Paragraph 8.3 of the report, which detailed the situation with regard to three complaints against District Councillors received since the last meeting of the Committee.

The Acting Monitoring Officer advised that Member training on the new Councillor Code of Conduct would be arranged to take place in April and May 2018.

The Acting Monitoring Officer drew attention to the Protocol with Hertfordshire Constabulary in relation to Disclosable Pecuniary Interest offences, as set out at Appendix B to the report.  The Protocol had yet to be signed by all Hertfordshire Local Authorities, and hence she would be chasing up this matter at the forthcoming Hertfordshire Heads of Legal meeting.

In respect of the Committee on Standards in Public Life’s (CSPL) Review of local government ethical standards: stakeholder consultation (set out at Appendix A to the report), the Acting Monitoring Officer commented that the closing date for consultation responses was 18 May 2018.  She would respond to the consultation on behalf of the Committee, but this did not preclude Members, should they so wish, from submitting individual responses.

The consultation document asked a series of questions, and the Acting Monitoring Officer went through these one by one with the Committee.  The Committee’s views and responses were as follows:

a.         Are the existing structures, processes and practices in place working to ensure high standards of conduct by local councillors? If not, please say why.

The Committee felt that a national Code of Conduct should be re-introduced, which could be easily interpreted, as there appeared to be significant variances between the plethora of local Codes.  Similarly, a national overseeing body (akin to the now defunct Standards Board for England) should also be established.

b.         What, if any, are the most significant gaps in the current ethical standards regime for local government?

Members felt that the most significant gap was between the sanctions available should a breach of the Code be found following a hearing and the ultimate criminal sanction.  In clearly identified situations there needed to be firmer sanctions which would be visible to complainants and Members who were the subject of those complaints.

c.         Are local authority adopted codes of conduct for councillors clear and easily understood? Do the codes cover an appropriate range of behaviours? What examples of good practice, including induction processes, exist?

The Committee considered the NHDC Code to be clear, but that what it was based on was less clear.  The multiplicity of local authority codes often confused issues, especially if a councillor was a member of different tier authorities.  Even if a national Code proved impossible, then perhaps County wide Codes could be agreed to ease this confusion.

d.         A local authority has a statutory duty to ensure that its adopted code of conduct  ...  view the full minutes text for item 13.