26 MONITORING OFFICER'S GENERAL REPORT PDF 90 KB
Additional documents:
Minutes:
Report CDS19158
The Committee received a report from the Monitoring Officer setting out a number of issues for consideration.
(A) Standards Commission for Scotland Case
The Committee noted that the Sheriff Principal in Scotland had recently found in favour of the Standards Commission for Scotland in a case providing that when acting in a quasi-judicial capacity the enhanced protection afforded politicians to make political comment, under the European Convention on Human Rights (ECHR), is less likely to be engaged. Whilst not binding on the English legal system the case may influence the approach taken in England. The message to be taken from this case was that there was arguably a difference between freedom to make political comment in a Council debate and what could be said when sitting in a quasi-judicial capacity.
(B) Committee for Standards in Public Life – Intimidation in Public Office
The Committee noted the report published by the Committee for Standards in Public Life concerning Intimidation in Public Life.
(C) Dispensations Granted
The Committee noted that no dispensations had been granted since the last meeting on 9th July 2019.
(D) Gifts and Hospitality Register
The report set out declarations of gifts and hospitality received since the last meeting (Appendix 2 to the report).
(E) Register of Interests
The Register of Interest was available for inspection.
(F) Code of Governance 2018/19
The final Code of Corporate Governance 2018/19 was noted by the Committee (Appendix 4 to the report).
(G) Work Programme and Matters Outstanding from Previous Meetings
The Committee considered its work programme for future meetings.
(H) Independent Persons
Two applications were received and were considered in Part 2 of the Agenda. It was agreed that an interview panel comprising the Chairman, Vice-Chairman and the current Independent Person and supported by the Monitoring Officer be established to interview the candidates and make a recommendation to the next Full Council meeting on the appointment of one or more Independent Persons for a suggested term of five years. It was agreed that, if suitable, both candidates could be appointed.
The Committee agreed that the term of office of the current Independent Person should be extended to 2022. This would enable the current Independent Person to mentor and guide any newly appointed Independent Person.
(I) Complaints
The Committee received a summary of recent complaints made against councillors.
RESOLVED: That the report be noted.