BABERGH DISTRICT COUNCIL STANDARDS COMMITTEE
MINUTES OF A MEETING OF THE STANDARDS COMMITTEE HELD IN COMMITTEE ROOM 1, COUNCIL OFFICES, CORKS LANE, HADLEIGH ON FRIDAY 20 APRIL 2007
PRESENT:
Members Co-opted Members
Mrs S P Clarke (In the chair) Mrs J M Cole
Mr N H J Irwin Miss P F Cook
Mr N A Ridley Mr J Newton
Mr B Riley
Mr R E Kemp was unable to attend the meeting.
There were no declarations of interest.
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RESOLVED
That the Minutes of the meeting held on 26 January 2007 be confirmed and signed as a correct record, subject to the following amendment to Minute No. 43:
Delete ‘26 March 2007’ and replace with ‘29 March 2007’.
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None received.
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None received.
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The Monitoring Officer presented a report (Paper F220) concerning the adoption of a new Members’ Code of Conduct.
Kathryn Saward reported that the Local Authority’s (Model Code of Conduct) Order 2007 comes into effect on 3 May 2007. The Order provides a new Code of Conduct for Members which must be adopted by all Local Authorities before 1 October 2007. The provisions of the Code are mandatory with the very limited exceptions described in Paper F220.
Members noted that the conduct to which the new Code will apply includes any criminal offence for which a Member is convicted (including an offence committed before the date that the Member takes office, but for which he/she is convicted after that date). However, the Committee noted that this provision of the new Code is in breach of the Local Government Act and will not be enforceable until the Government amends the Act.
It was also noted that the new Code does not change the Law on predetermination.
Members noted that the Council could decide to adopt more onerous provisions than those contained in the Model Code. Members were asked to consider making training on the Code a compulsory requirement. The Committee recalled that in the past not all Members have attended training on the Code of Conduct, and it was agreed that the proposed paragraph 7A set out in Appendix 2 to Paper F220 would help to ensure that all Members were aware of their obligations under the new Code.
RECOMMENDED TO COUNCIL
That the new Members Code of Conduct shown at Appendix 1 to Paper F220 be adopted with immediate effect with an additional requirement to attend training as set out in Appendix 2 to Paper F220, in replacement of the existing Code contained in Part 5 of the Constitution.
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The Monitoring Officer submitted a report (Paper F221) which updated Members on recent national case reports arising from investigations of alleged breaches of the Members’ Code of Conduct.
RESOLVED
That the information contained in Paper F221 be noted.
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The Monitoring Officer reported that she had received information from the Suffolk Association of Local Councils about arrangements for training Town and Parish Councillors on the new Code of Conduct. Babergh had been asked to provide the venue for two training sessions and Kathryn Saward had been asked to participate. She would do so, if available on the dates suggested in June and July. It was agreed that it would be helpful if the Chairman of the Standards Committee were also present at the sessions.
It was agreed that at a future meeting the Committee would consider producing a simplified guide to the requirements of the new Code.
It was also noted that the Standards Board was organising a number of road shows throughout the country. It was agreed that four places would be reserved for one of the road shows. Miss Cook would take one of the places. The remaining three would be agreed after the local elections.
RESOLVED
That the position be noted.
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The Monitoring Officer submitted a report (Paper F222 Revised) to provide the Committee with the monitoring report for the period 1 January to 30 April 2007.
RESOLVED
That the information contained in Paper F222 Revised be noted.
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The Monitoring Officer reported that the annual Standards Conference was once more being held at the International Convention Centre in Birmingham. The dates for the conference were 15 and 16 October 2007. The focus would be “Down to Detail – Making Local Regulation Work” and sessions would include: (i) an introduction to the new Code; (ii) the local filter; (iii) safeguarding standards; (iv) resources; challenges, solutions and support; (v) managing referrals, investigations and sanctions; and (vi) an overview of the revised Code.
In previous years two representatives from Babergh District Council had attended the Conference. It was noted that two places had been reserved for the 2007 Assembly, and it was agreed that Miss Cole would be one of the representatives. The other representative would be determined at a later date.
RESOLVED
That the information be noted.
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The Monitoring Officer reported that the Standards Board was seeking volunteer authorities to pilot a project on joint working of Standards Committees. This followed proposals to allow joint working of committees to handle the increased workload which would result from the local filter system due to be implemented in April 2008 and which would see all complaints being referred to authorities instead of the Standards Board.
It was noted that the Standards Board had recently established a team to implement the pilot and had indicated that it wished to deal with Suffolk authorities because they had already demonstrated a good capacity for joint working. The Monitoring Officer reported that it was envisaged the pilot project would last for nine months, beginning in June or July 2007. Members expressed their support in principle for Babergh’s participation in the project.
RESOLVED
That Babergh’s participation in a pilot project on joint working of Standards Committees be supported in principle, subject to further information from the Standards Board.
The meeting concluded at 10.55 a.m.
Note: Date of next meeting – Friday 27 July 2007.
Chairman
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