Agenda and minutes

Members were invited to declare at this point in the meeting any personal or prejudicial interests they might have in the business on the agenda.

Councillor Scott declared a prejudicial interest in agenda item 3 (minute 10 refers).  It was noted that Councillor Scott had not been present at the meeting when this item was considered.

To approve and sign the minutes of the meeting of the Standards Committee held on 24 June 2011.

RESOLVED:       That the minutes of the Standards Committee meeting held on 24 June 2011 be approved and signed by the Chair as a correct record.

To approve and sign the minutes of the following meetings of sub-committees:

·        Assessment Sub-Committee – meetings held on 24 June 2011, 20 July 2011 and 24 November 2011.

·        Review Sub-Committee meetings held on 24 June 2011, 20 July 2011, 7 September 2011 and 21 December 2011.

The minutes of the following meetings of sub-committees were approved and signed by the Members who had chaired the meetings:

·        Assessment Sub-Committee meetings held on 24 June 2011, 20 July 2011 and 24 November 2011.

·        Review Sub-Committee meetings held on 24 June 2011, 20 July 2011, 7 September 2011 and 21 December 2011.

At this point in the meeting, members of the public who have registered their wish to speak, regarding an item on the agenda or an issue within the remit of the Standards Committee, may do so.  The deadline for registering is 5:00 pm on Thursday 19 January 2012.

It was reported that there were no registrations to speak at the meeting under the Council’s Public Participation Scheme.

This report draws Members’ attention to the coming into force of provisions in the Localism Act.

Members considered a report that drew their attention to the coming into force of provisions in the Localism Act.  Members’ attention was drawn to the advice that had been given to Members of the City of York Council, as detailed in paragraph 2.6 of the report.

RESOLVED:       That the report be noted.

REASON:            To ensure that the committee is aware of the provisions in the Localism Act.

This report describes the extensive changes to the current standards regime.  An executive summary of the report is also included for information.

Consideration was given to a report that described extensive changes to the current standards regime.  Largely these were expected to take effect from 1 July 2012.

Discussion took place around the following issues:

(i)           Code of Conduct

The requirement for each Council to adopt a Code of Conduct was noted.   Members agreed that, in view of the work that was going on nationally to develop recommended Codes, it would be appropriate to consider this work before starting to draft a local Code.    The Committee would give further consideration to this issue as more information became available and, in view of the timescales involved, an additional meeting would be convened.

(ii)          Abolition of the Statutory Standards Committee

It was noted that the Act removed the requirement to have a statutory Standards Committee.  Consideration was given to the options detailed in the report as to the arrangements that could be put in place to deal with allegations that the Code had been breached.

Concerns were expressed regarding parish council representation.  Members expressed their reservations at the option put forward that Parish Councillors be included in the membership of a Standards Committee of the Council but not be permitted voting rights.  Officers explained the legal requirements with which the new arrangements must comply.  Members agreed that it was important that consultation took place with Parish Councils prior to the Committee making its recommendations.  It was suggested that the consultation take place via the Yorkshire Local Councils Association.

(iii)        Managing Complaints

Members noted that there would be considerably more flexibility in deciding how to manage complaints.  Consideration was given as to how some delegation to the Monitoring Officer could address problems inherent in the current system. 

Members expressed general support for the arrangements outlined in the report but requested that consideration be given to including a review or appeal mechanism in the process.

(iv)        The Independent Person

Details were given of the role of the independent person and the proposed arrangements for making this appointment.  It was suggested that if recruitment proved difficult, consideration be given to working with neighbouring authorities to appoint suitably experienced candidates.

(v)         Dispensations

Members noted the circumstances in which dispensations could be granted.  Members requested further information in respect of the granting of dispensations for parish councillors.

(vi)        Sanctions

Members reiterated their concerns at the limited sanctions that were available in respect of breaches of the code.  Officers gave details of the legal opinion that had been provided when Counsel’s advice had been  sought on this issue.

RESOLVED:      

(i)      That, subject to national models being produced, the Monitoring Officer be instructed to bring a draft Code to the next meeting.

(ii)          That consultation take place with Parish Councils in respect of future arrangements following the abolition of the statutory Standards Committee.

(iii)        That, at a future meeting, the Committee give further consideration to the arrangements having had the opportunity to take into account the views of the Parish Councils.

(iv)        That the Monitoring Officer be instructed to  ...  view the full minutes text for item 13.