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, 21 JANUARY 2011
Quick Links
28 - Declaration of Interests
29 - Minutes
30 - Petitions
31 - Questions from Members
32 - The Localism Bill - Standards Related Issues
33 - Future Role of the Standards Committee
34 - Attendance by Members at other Committee Meetings
35 - Observation of Proceedings at Committee Meetings
36 - Members' Code of Conduct Case Reports
37 - Quarterly Monitoring Report
38 - Guidance for Councillors during the Election "Moratorium"
39 - Work Plan
40 - Date of Next Meeting
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PRESENT: |
Members |
Co-opted Members |
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Mr R E Kemp
Mr P Jones
Mr A F D W Osborne |
Miss P F Cook
Mr P J Down
Mr A George
Mrs T Kavvadias
Mr J G Watson (Chairman) |
Mrs S P Clarke and Mr R L Feltwell sent their apologies that they were unable to attend.
There were no declarations of interest.
RESOLVED
That the Minutes of the meeting held on 15 October 2010 be confirmed and signed as a correct record.
None received.
None received.
The Monitoring Officer submitted a report (Paper K182) on the provisions contained in the Localism Bill, which it had been expected, following the Coalition Government’s pronouncements, might entail the abolition of standards committees, the system for the local assessment of complaints and the Code of Conduct. The Bill, however, was less forthright in that whereas it provided for the removal of a national model Code of Conduct, it allowed for the adoption by Councils of a local code and, where that option had been exercised, for complaints about breaches of that Code to be investigated and for action to be taken against Members found to be in breach. That action, however, would not extend to suspending or disqualifying a councillor. Powers to retain standards committees and the duty proactively to take measures to ensure the maintenance of high ethical standards were set to be retained. Failure to disclose or register an interest on the part of a Member was to become a new criminal offence punishable by a fine in the Magistrates Court of up to £5,000 and the Bill also attempted to clarify the position regarding “predetermination” by abolishing the principle as it related to parish/town, district and county councillors who may have directly or indirectly indicated their view on any matter ahead of its formal consideration by the Council.
RESOLVED
(1) That the content of Paper K182 be noted.
(2) That the Monitoring Officer be authorised to draft and send a letter to the Secretary of State setting out the Committee’s concerns about the likely detrimental effect of abolishing the national Code of Conduct for Members owing to the inconsistency and confusion across areas that would inevitably result, and that a copy of the letter be forwarded to all Members of the Council, the Member of Parliament for South Suffolk, the Suffolk Association of Local Councils and other Standards Committees in Suffolk.
A letter from the Chairman dated 21 December 2010 (Paper K183) was submitted suggesting that the Committee consider whether it should concentrate on its statutory obligations but scale back its other operations pending the passage of the Localism Bill.
RESOLVED
That the position be re-evaluated in April 2011 but that in the meantime the Committee conduct its normal business in accordance with the agreed Work Plan.
The Committee considered whether a new rota should be developed for Members of the Committee to attend other meetings of the Council and its various Committees as an observer.
RESOLVED
That a new rota be established for the remainder of the municipal year involving attendance by one co-opted Member at all meetings of the Strategy Committee, Development Committee and Full Council but at only selected meetings of other committees.
The co-opted Members of the Committee reported on their attendance at recent Committee and Council meetings. In most cases Members’ conduct was considered to have been generally acceptable, although a comment had been made towards a member of staff during a meeting of the Full Council on 19 October 2010 which, although it had not so far resulted in a complaint, was nevertheless potentially offensive and directed at a person who did not have any right of reply.
RESOLVED
That the Monitoring Officer be asked to advise the individual Member involved in the reported incident at the Council meeting on 19 October 2010 of the impression that the Member’s remarks conveyed and their possible implications.
The Monitoring Officer presented her report (Paper K184) on the details of recent cases decided by the First-Tier Tribunal (Local Government Standards in England) arising out of the investigation of alleged breaches of the Members’ Code of Conduct.
RESOLVED
That the information contained in Paper K184 be noted.
The Deputy Monitoring Officer submitted a report (Paper K185) containing details of interests and gifts declared by Members and Officers during the period from September to December 2010 and also on the assessment of complaints received about councillors’ conduct during that period.
RESOLVED
That the information in Paper K185 be noted.
The Committee considered a report by the Monitoring Officer (Paper K186) annexed to which was draft guidance intended as advice for Members to assist them to avoid breaching the Code of Conduct in relation to any activities that they might undertake in connection with the district and parish council elections scheduled for May 2011. The guidance explained the main restrictions that applied to the Council and to serving Councillors following the commencement of an election and had been prepared taking into account provisions in the Code of Conduct for Councillors, Section 2 of the Local Government Act 1986, the Council’s ICT User Handbook, advice from Standards for England and the Code of Recommended Practice on Local Authority Publicity. It was reported that a similar report would be presented to the Standards Committee of Mid Suffolk District Council and it was suggested that in the interests of consistency it would be preferable to reflect any improvements that might be suggested by that Committee in the document to be circulated to Members of Babergh District Council.
RESOLVED
(1) That the Monitoring Officer be authorised to issue to all Councillors the advice note as amended by the addition of appropriate headings to differentiate between the obligations on the Council and on individual Members.
(2) That the Monitoring Officer be authorised to make minor amendments to the advice note after consultation with the Chairman, following its consideration by Mid Suffolk District Council’s Standards Committee.
The Committee received a report from the Monitoring Officer (Paper K187) setting out the Committee’s Work Plan for 2010/11. The Monitoring Officer reported that the draft Audit Report would also be submitted to the next meeting.
RESOLVED
That the Work Plan set out in Paper K187, as amended, be noted.
It was reported that the Committee’s next meeting was scheduled to take place on 8 April 2011.
RESOLVED
That the date be noted.
Note: The meeting was adjourned for refreshments between 10.30 a.m. and 10.47 a.m.
The business of the meeting was concluded at 11.33 p.m.
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Chairman
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