Agenda and minutes

Members are requested at the start of the meeting to declare any known interests in any matter to be considered, and are reminded that any such interest should also be declared at the start of an item or during any discussion of the matter concerned.

            The Chair reminded Members of the need to declare any known interests in any matters to be considered at the meeting.  No declarations were made.

To receive the minutes of the meeting held on 11 October 2010.

            Resolved – That the minutes of the Standards Committee on 11^th October 2010 be confirmed and signed as a correct record.

(See explanatory note below.  Please phone the Committee Clerk whose name and number appears at the top of this agenda if you need further guidance.)

            No public questions were received during the meeting.

Certain items are expected to include the consideration of exempt information and the Standards Committee is, therefore, recommended to resolve "That, in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded during the discussion of the matters referred to in the items listed below, on the grounds that they involve the likely disclosure of exempt information, as defined in the respective paragraph of Part 1 of Schedule 12A of the Act, and the public interest in maintaining the exemption outweighs the public interest in disclosing the information".

            Resolved - That, in accordance with Section 100A(4) of the Local Government Act 1972, the public be excluded during the discussion of the matters referred in Agenda Item 8 on the grounds that it would involve the likely disclosure of exempt information as defined in Paragraphs 1 and 2 of Schedule 12A to the Act, and that the public interest in maintaining the exemption outweighs the public interest in disclosing the information concerned (Minute 25 refers.)

            The Committee received a report from the Director of Law and Democratic Services (Monitoring Officers) providing an update on matters relating to the Ethical Framework, in particular the provisions of the Localism Bill its implications for the Standards Regime.

            The Standards Committee noted that the Localism Bill was anticipated to have Royal Assent by the end of the year, but many elements were still to be clarified through the readings of the Bill and further guidance.  The Committee noted the substantial changes which would result from the proposals, and hoped that the new potential for criminal offence following failure to disclose financial interests would not lead to long delays for Councillors with a case against them, or deter potential candidate from standing or existing Councillors from become involved in discussions.  The parish members noted the new roles for parish councils in determining any Code of Conduct and complaints system. 

            The Monitoring Officer was intending to report to the Corporate Governance Group on the Localism Bill, and the Committee made the following points in relation to the current proposals to be reported to the Group:

·        The Committee would wish to provide any support which was helpful to the Corporate Governance Working Group when they are considering how to proceed on any future ethical framework.

·        That a Code of Conduct for Members should be maintained by the Borough Council, and that any procedure for dealing with complaints be streamlined, to enable complaints under the Code to be dealt with effectively, but without undue delay. 

·        It be recommended that an element of independent representation, if possible voting representation, be retained on any Committee nominated to oversee the Council’s ethical framework, as this was seen as particularly beneficial when dealing with complaints about and between Councillors.  The Councillors on the Standards Committee agreed to recommend this to their Political Groups.

            The Committee noted that Mr Trevor Davies’ term of office as an independent Member on the Committee was due to expire in May 2011.  Guidance had been received from Standards for England in Bulletin 48 that the terms of office of independent members could be extended without further public advertisement, due to the uncertain period for the future of the Committee whilst waiting for the Localism Bill to come into effect.  As Mr Davies was willing to continue, the Committee agreed that this would retain valuable experience in the Committee during the period of transition.  It would also save the cost of an advertisement, especially as potential candidates may be deterred by the uncertainty of the role and its duration.

            The Committee also noted the training for Borough and Parish Councillors carried out since the last meeting.  It asked that an update be presented to the next meeting on Parish Council training undertaken in the last 12 months.

            Resolved – 1) That the Ethical Framework update be noted.

            2) That the provisions of the Localism Bill relating to the Ethical Framework of Local Government be noted.

            3) That the Monitoring Officer be requested to  ...  view the full minutes text for item 23.

The Committee has requested the opportunity to explore a case study at each meeting to enable members to keep up to date with case law and procedures, and engage in ongoing training.

Attached is a First-Tier Tribunal decision made on 20^th October 2010, regarding a Code of Conduct complaint against Councillor David Smith of Gosport Borough Council. .

As previously requested, the outcome of the decision has been removed from the version circulated with the agenda to enable a full discussion, but will be available to Members at the meeting.

            The Committee have requested the opportunity to explore a case study at each of its meeting, to enable members of the Committee to keep up to date with case law and procedures.

            The Committee discussed a decision of the First Tier Tribunal General Regulatory Chamber, in respect of Councillor David Smith of Gosport Borough Council, dated 20^th October 2010.  Members considered first how they would have approached the case and then noted the outcome of the case following the discussion.

            The Committee considered an exempt report from the Director of Law and Democratic Services regarding the outcome of various ethical framework compliance matters, including the progress of current whistleblowing complaints and Code of Conduct complaints.

            The Monitoring Officer advised that the Head of Internal Audit was intending to bring an annual summary of whistleblowing complaints to the next meeting.

            The Committee noted that two additional Code of Conduct complaints had been received since the last meeting.  One had been referred for investigation by an Assessment Sub-Committee. The second was due to be considered shortly. 

            The final investigator’s report had been received in respect of a complaint which had been referred for investigation during last year, SBC/46/10, and as a result a Consideration and Hearings Sub-Committee was required to consider if it should proceed to hearing. A further Investigator’s report in respect of complaint SBC/47/10 was due shortly.

            Resolved – 1) That the Ethical Framework Compliance report be noted.

            2) That the Monitoring Officer be authorised to convene a Consideration and Hearings Sub-Committee comprising 3 Members of the Standards Committee to consider the Investigator’s Report in respect of Complaint SBC/46/10 and to call an additional 2 members to form a Hearings Panel, if a hearing is required.

            3) That the Monitoring Officer be authorised to convene a Consideration and Hearings Sub-Committee and Hearings Panel as required on the receipt of the final Investigator’s report in respect of complaint SBC/47/10.