Agenda item

Report RES12110

The Committee received a report requesting their views on forthcoming changes to the standards system for elected and co-opted members under the Localism Act 2011 which were to be considered by the full Council on 25^th June 2012, and seeking decisions on matters within its remit to allow the implementation of the new system on 1^st July 2012. 

The Monitoring Officer confirmed that, at least for an interim period, current independent members of the Standards Committee could be appointed as Independent Persons under the Act, and an advertisement would be placed on the Council website inviting applications. A full recruitment process was planned for the Autumn, leading to appointments by Council on 12^th November.

The Committee discussed the proposal to appoint a new Standards Committee. There was no legal requirement for a committee, and standards issues could potentially be considered by other, existing committees or sub-committees, but the Constitution Improvement Working Group firmly supported it, and the Committee agreed with this. The proposal had been for a new Standards Committee of seven Councillors, but the Committee considered that five members would be more appropriate. The Committee noted and supported that in the proposed new wording for Article 9 in the Council’s Constitution regarding the new Committee (Appendix 3 in the report) there was specific reference to a right of independent persons to attend and speak at all meetings of the Standards Committee (9.1 (e)).  It was clarified that the reference to Church and Parent Governor representatives (9.2 (b)) was to the statutory co-opted members with voting rights on the Education PDS Committee, but all co-opted members would be expected to follow the Code of Conduct make the appropriate declarations. 

RESOLVED that

2.1  (1) The Committee endorses the adoption of the model Code of Conduct produced by the Department for Communities and Local Government by Council on 25 June 2012.

2.2  (2) The Committee supports the recommendations of the Constitution Improvement Working Group in retaining the need to register all interests presently registered and retaining the Register of Gifts and Hospitality and the existing £25 threshold and agreeing that the Code of Conduct should include these provisions.

2.3  (3) That the Council Procedure Rules be amended to:

(a)  require a Councillor with a disclosable pecuniary interest to leave any Council meeting where that interest is being considered unless they have a dispensation, but that if possible a general dispensation should be granted:

1)  where a member of the public would be entitled to speak or address the Committee, provided that the Member should not be able to vote or participate in the Committee debate in those circumstances;  and

2)  that a Member who is appointed by the Council as a Director of any body may speak on an item relating to that body but may not vote on it,

subject in both cases to the right of Council to exclude the Member where it considered it appropriate to do so.

2.4  (4) That the Council should appoint to the role of independent persons all independent members of the Standards Committee who satisfy the statutory requirements and who wish to fulfil the role as are identified to Council on 25^th June 2012.

2.5  (5) That the serving independent members of the Committee who wish to serve notify the Monitoring Office of this at the earliest opportunity.

2.6  (6) That the Council retains a Standards Committee to comprise five members and that, in accordance with the provisions of Section 17 of the local Government & Housing Act 1989, the political balance rules be waived for the Committee and that the amendments to the Constitution set out in Appendix 3 (attached) to the report be agreed.

2.7  (7) That the Committee agree the process for investigating complaints against Councillors set out in paragraph 5.3 of the report and that the Monitoring Officer, in consultation with the Chairman, be authorised to modify the complaints form and publically available literature to reflect the changes.