13th May 2005 - Minutes

BABERGH DISTRICT COUNCIL

STANDARDS COMMITTEE

MINUTES OF A MEETING OF THE STANDARDS COMMITTEE HELD IN THE COUNCIL CHAMBER, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON FRIDAY, 13^TH MAY 2005

 

PRESENT:	Members	Co-opted Members
	Mrs S P Clarke Mr N H J Irwin Mr R E Kemp Mr N J Ridley	Mr W Marley Mr J B Newton Mrs J M Cole Miss P F Cook

 

1          ELECTION OF CHAIRMAN

Mrs S P Clarke was elected Chairman of the Standards Committee for the ensuing year.

2          APOLOGIES

None received.

3          ELECTION OF VICE-CHAIRMAN

Mr W Marley was elected Vice-Chairman of the Standards Committee for the ensuing year.

4          DECLARATION OF INTERESTS

None received.

5          MINUTES

RESOLVED

That the Minutes of the meeting held on 21^st January 2005 be confirmed and signed as a correct record.

6          PETITIONS

None received.

7          QUESTIONS FROM MEMBERS

None received.

8          ETHICAL AUDIT – REVIEW OF THE MEMBER AND OFFICER PROTOCOL

The Head of Legal and Administrative Services submitted a report (Paper E19) to enable the Committee to review the Council’s Member and Officer Protocol.  Members accepted the recommendations in paragraph 2 and considered some further amendments.

RESOLVED

(1)          That the Member and Officer Protocol be amended to cover the following:-

(a)          In paragraph 7 the word “could” being used instead of “would”

(b)          In paragraph 11 the words “e.g. the Monitoring Officer” being added after “and/or the Statutory Officers”.

(c)          Paragraph 12 being amended to make reference to all general obligations set out in paragraph 2 of the Members’ Code of Conduct and to specify that a breach thereof may be subject to consideration by the Standards Board as a point of misconduct.

(d)          The words “except for those Members fulfilling a statutory determination process such as Development or Licensing and Appeals” being added to the first sentence of paragraph 15 after “decision-making body”.

(e)          The words “the law is being changed” being removed from paragraph 22.

(f)          The conclusion set out in the Protocol being widened to provide that a breach of the Protocol may bring the Protocol and the Council into disrepute.

(g)          The inclusion of a statement within the new Protocol which Members will be asked to sign to confirm their agreement to comply.

9          NATIONAL REVIEW OF THE CODE OF CONDUCT – CONSULTATION PAPER

The Head of Legal and Administrative Services submitted a report (Paper E20) on the review of the model Code of Conduct being undertaken by the Standards Board for England.  The Standards Committee had been invited to respond to a consultation paper by 17^th June 2005, and Members considered the 29 key questions included in the document.  During the course of the discussion, Members made various comments and suggestions on the issues set out in the paper, including the following:-

(a)          General Principles

The ten general principles should be incorporated as a preamble to the Code of Conduct, together with an additional principle that Members have a duty to ensure that they have the required training.

(b)          Disrespect and Freedom of Speech

It should be possible for the duty to treat others with respect to be broadly worded in clear terms without the need to rely upon legalistic tests. The ACAS definition of bullying should be included in the Code of Conduct.

(c)          Confidential Information

A complex issue requiring careful consideration, but the interpretation of the duty should not be too specific as this may give rise to problems.  The suggested approach of the Standards Board to amend the duty to prohibit the disclosure of lawfully confidential or exempt information under existing law should be adopted.  A guidance note could possibly be annexed.

(d)          Disrepute and Private Conduct

The existing approach of the Standards Board to assess whether the conduct of the Member is likely to compromise the reputation of the Council should be retained.

(e)          Misuse of Resources

The misuse of resources should be a matter for local Protocols but could be strengthened to deal with misuse of power.  This could be achieved by reference to the use of resources or undertaken activities which do not serve or further the best interest of the Council or residents of its area.  Since the Council has its own Protocol that addresses the use of electronic resources, the Code of Conduct should not be changed to distinguish between physical and electronic resources.

(f)          Duty to Report Breaches

The provision of the Code of Conduct that requires Members to report breaches of the Code by fellow Members should be retained in full with the added provision that it is a breach of the Code to make false allegations.  The Code is sufficient to afford protection for whistle blowing.

(g)          Personal Interests

The meaning of the term ‘friend’ should be defined in the Code as per the Standards Board guidance and does not require further definition.  Public service interests once declared in the Public Register of Interests should be regarded as being “automatically declared” (provided that they are not prejudicial) without having to be repeated at each and every meeting.  Where the interest arises from membership of charities, lobby groups and public service interests, it should only be prejudicial where:-

• The matter has a direct impact on the body concerned, e.g. grant money.
• The Member is involved in regulatory matters in a decision-making capacity, e.g. planning and licensing.

The current exemptions from a prejudicial interest contained in paragraph 10(2) of the Code would not be required.

(h)          Prejudicial Interests

The Code of Conduct should distinguish between Parish/Town Council and District Council meetings. At Parish/Town Council meetings a Member with a prejudicial interest should be allowed to address the meeting and then withdraw before the deliberation and vote.  At District Council level the current requirement to withdraw from the room for the entire item should be retained.

(i)          Gifts and Hospitality

The appropriate threshold for the Declaration of Gifts and Hospitality should be raised from £25 to £50.  The Register of Gifts and Hospitality should be made publicly available and include series of gifts which are individually worth less than £50, but collectively exceed this figure. Offers of gifts of hospitality that are declined should not be included.

RESOLVED

(1)          That the Head of Legal and Administrative Services respond to the Standards Board consultation on the revision of the Code of Conduct based on the Committee’s views, including those set out above.

(2)          That agreement be given to the publication by the Standards Board of the response referred to in (1) above.

10          MONITORING REPORT

The Head of Legal and Administrative Services submitted a report (Paper E21) on Members' Declarations of Interests and the Hospitality Register.

RESOLVED

That the information contained in Paper E21 be noted.

11          LOCAL STANDARDS HEARING

The Head of Legal and Administrative Services submitted a report (Paper E22) requesting that the Committee establish a Case Sub-Committee and agree a provisional time and date for a Hearing for local determination of a complaint against a Parish Councillor.  Members were also asked to adopt a procedure to apply to the Hearing and any subsequent local Hearings.

RESOLVED

(1)          That a Case Sub-Committee be appointed comprising:-

Mrs S P Clarke
Mrs J M Cole
Miss P F Cook
Mr N H J Irwin
Mr J Newton

Further that Mr Newton act as Chairman for the hearing and the quorum for the Sub-Committee be three Members.

(2)          That for future Hearings, a District Council Case Sub-Committee and Parish Council Case Sub-Committee be established to hear individual referred complaints, comprised as follows:-

(a)          The District Council Case Sub-Committees to comprise five Members of the Standards Committee, including two independent Members, one of whom is to Chair the Hearing if present, and three District Council Members, no two of whom are to be drawn from any one political group;

(b)          The Parish Council Case Sub-Committees to comprise five Members of the Standards Committee, including one independent Member, who is to Chair the Hearing if present, three District Council Members, no two of whom may be drawn from any one political group, and one Parish Council representative; and

(c)          The Head of Legal and Administrative Services shall call upon Members of the Standards Committee to serve on these Case Sub-Committees in rotation.

12          INDEPENDENT MEMBERS’ NETWORK

Mr Marley gave an update on the first meeting of Independent Standards Committee Members’ Network for Suffolk held on Tuesday, 8^th March 2005, and provided a handout which is available in the Members’ Room.

13          APPOINTMENT OF MEMBERS TO ATTEND STANDARDS BOARD ROADSHOW AND CONFERENCE

RESOLVED

(1)          That the following Members be appointed to attend the Standards Board Roadshow:-

            Norwich, 7^th June 2005 – Mr J Newton

            London, 21^st June 2005 – Mrs S P Clarke and Mrs J M Cole

(2)          That Mrs K Saward and Mrs J M Cole be appointed to attend the Conference on 5^th and 6^th September 2005.  Further that Mr W Marley be appointed to attend in the event that Mrs Cole was unable to do so.

14          TRAINING FOR TOWN/PARISH COUNCILS

Members agreed that a major role of the Committee was to promote the provision of training for Town and Parish Councils on ethical issues, and it was important that this be kept under review.  During discussion Members noted that consideration could be given to the use of the training package offered by the Suffolk Association of Local Councils (SALC).  To reduce the cost, this could be done jointly with another local District Council.

RESOLVED

That the position be noted.

Notes:

1. The meeting was adjourned between 11.20 a.m. and 11.40 a.m. for refreshments.
2. The next meeting of the Committee was arranged for Tuesday 16^th August 2005.

The meeting concluded at 12.30 p.m.

Chairman