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

Resolved – That the minutes of the meeting held on 28^th November 2005, 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 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".

            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 to in Item 9 of the Notice of the Meeting on the grounds that they involve the likely disclosure of exempt information as defined in Paragraphs 1 and 15 of Part 1 of Schedule 12A to the Act. (Minute 29 refers).

The Standards Board has produced a guidance DVD entitled ‘Going Local: Investigations and Hearings’ which uses a fictional case to illustrate how to carry out a fair and balanced local investigation and the best procedure for a professional and effective hearing.  The Standards Committee will watch this DVD at the beginning of the meeting as initial training in relation to future investigations and hearings. 

Members are requested to bring their diaries to the meeting to agree a date for an in-depth training session to take place during the next few weeks.  The viewing of the DVD and attendance at the training session are essential requirements for participation in future hearings.

            The Committee viewed the training DVD from the Standards Board entitled ‘Going Local: Investigations and Hearings’ on how to carry out a fair and balanced local investigation and the best procedure for a professional and effective hearing.  A booklet was circulated to the Committee combining the guidance approved by the Committee on Procedures for Investigation and Determination of Complaints Referred by the Ethical Standards Officer.

            Resolved – That the Director of Law and Democratic Services arrange an in-depth training session on hearing procedure to take place during the next few weeks.

            The Committee considered a report of the Director of Law and Democratic Services dated 18^th January 2006, requesting the Committee (a) to authorise the Director to follow the agreed process for appoint a Standards Committee Lay Member for a four year term from May 2006, as Mr Paul Morris’s term of office was due to expire in May, and (b) to consider whether it is appropriate to recommend to Council that the composition of the Standards Committee be amended to include a member of the Swindon Independents Group and to increase the number of Independent Members to balance the increase in numbers of elected members on the Committee.

            Resolved – 1) That the Director of Law and Democratic Services advertise for a Lay Member of the Standards Committee to be appointed by full Council to take office in May 2006 for a four year term; and

            2) That the Committee considers that it is not appropriate at this time to recommend to the Council that Member of the Swindon Independents Group serve on the Committee, as the group is not considered to be stable cohesive party at this point in time, and in consequence no increase in the number of Independent Members or Parish Representatives is required.

            The Committee considered a report of the Director of Law and Democratic Services dated 18^th January 2006 providing Members with a review of the discussion document issued by the Office of the Deputy Prime Minister (ODPM) entitled ‘Standards of Conduct in English Local Government: The Future’ and asking the Committee to agree a response.  In addition, a copy of the Standards Board Bulletin No. 27, January 2006 was circulated to Members for information, which included a summary of the ODPM discussion paper.

            Resolved – 1) That the Standards Board Bulletin for January 2006 be noted; and

            (2) That the Director of Law and Democratic Services respond to the Office of the Deputy Prime Minister discussion document in the manner set down in this report, subject to the additional comments set out below -

i)        On the proposed deletion of reporting requirement by Members to the Standards Board – There should be a duty for Councillors to report breaches to Monitoring Officers.

ii)      On the proposal for an exception for the disclosure of confidential information where such disclosure was in the public interest – The public interest defense should be as restricted as possible.

iii)    On the recommendation that Acts by a Member that are likely to bring their Office or the Authority into disrepute should continue to apply outside official duties but only where the conduct would be regarded at unlawful – This is supported for serious unlawful acts but in other respects should be limited to official duties. 

iv)    On the recommendation of allowing Councillors with a prejudicial interest arising from membership of a public body, charity or local pressure group and the members representative role to speak but not vote on matters - This is of concern and is not supported.

            The Committee considered a report of the Director of Law and Corporate Governance dated 18^th January 2006 reporting the outcome of various complaints and investigations including those to the Standards Board for England, whistle-blowing complaints and a breach of the Member / Officer Protocol.

            Resolved – That the report be noted.