Meeting documents
Standards Committee
Wednesday, 22nd March 2006
Present
Chair
D Hawkins
Councillors
Mrs F E F Anderson, S L Clarke
Deputy
O W Adam (for Cllr SL Rowlands)
PTC Reisdorf (for Cllr Jean Quinn)
Co-opted members
Mr J P Haywood, Mrs L M Rodgers
Apologies
WJ Davies
Index to Minutes
- Minute 14 - DECLARATIONS OF INTEREST
- Minute 15 - MINUTES
- Minute 16 - STANDARDS OF CONDUCT IN ENGLISH LOCAL GOVERNMENT: THE FUTURE
- Minute 17 - GOING LOCAL: INVESTIGATIONS AND HEARINGS
- Minute 18 - INDEPENDENT MEMBERS MEETING
- Minute 19 - CONFERENCE: FIFTH ANNUAL ASSEMBLY OF STANDARDS COMMITTEES
- Minute 20 - PRESS REPORT OF COMPLAINT AGAINST A COUNCILLOR
- Minute 21 - STANDARDS COMMITTEE MEMBERSHIP
Minute 14 - DECLARATIONS OF INTEREST
Minute Text :
The members of the Committee were invited to consider whether they had a personal or prejudicial interest in connection with any of the items on the agenda and, if so, to declare it and state the nature of such interest. No declarations were made.
Minute 15 - MINUTES
Minute Text :
Minute Decision :
Resolved - That the minutes of the previous meeting, held on 10 October 2005, be received.
Minute 16 - STANDARDS OF CONDUCT IN ENGLISH LOCAL GOVERNMENT: THE FUTURE
Minute Text :
The Committee was invited to consider and comment on the document issued by the ODPM as their response to the various consultation exercises over recent years on standards of conduct in local government:
- Implementing Standards in Public Life;
- The Role and Effectiveness of the Standards Board for England;
- The Code of Conduct for Members;
- Review of the Regulatory Framework Governing the Political Activities of Local Government Employees;
- Model Code of Conduct for Local government Employees.
The document was accompanied by a Local Government Briefing Note prepared by Eversheds (Solicitors), who had in the past advised the Council on a number of matters including the preparation of the Constitution. It highlighted the principal changes that the Government would wish to see to existing arrangements, including
- the initial assessment of all misconduct allegations to be undertaken by Standards Committees rather than the Standards Board;
- local Standards Committees to be responsible for investigating and determining most cases;
- the Standards Board to adopt a more strategic, monitoring and advisory role but retaining responsibility for investigating the most serious cases;
- improvemnents to the operation and composition of local Standards Committees, with independent chairs and independent members with a balance of experience;
- a number of change to the Code of Conduct for members, in particular to make it clearer and simpler.
The conclusion in the briefing note was that the proposals appeared to be an acceptance (albeit belated) of the main thrust of the recommendations from the Nolan Report.
Members noted that the proposals still required the appropriate legislation to bring them into force, but generally welcomed them.
Minute Decision :
Resolved - That the report be noted and that current arrangements and procedures be retained for the time being.
Minute 17 - GOING LOCAL: INVESTIGATIONS AND HEARINGS
Minute Text :
The Committee viewed a DVD issued by Standards Board for England as a training aid for local authorities investigating breaches of the Councillors' Code of Conduct. It used a fictional case to illustrate a local investigation and hearing and highlighted some of the challenges that might arise. Its purpose was to identify how to carry out a fair and balanced local investigation and the best procedure for a professional and effective hearing.
The Committee discussed the various issues raised. Mr Haywood referred to his attendance (see minute 18 below) at a meeting of independent members, where representatives of another local authority had recommended, based on their experience, that a larger investigating body be used than the three-person body used in the film. The Chair referred to his experience of tribunals such as those used for employment appeals, where three was invariably the recommended number.
Mr Haywood also stressed the need to have regard to the layout of the room used for the hearing, particularly bearing in mind that such hearings could be conducted in public, and to consider having a standard format of letter to be used for any written apologies that might be required.
Mrs Rodgers proposed that a protocol for dealing with such investigations be developed as soon as possible, and warned of the need to have interim arrangements in place also.
Minute Decision :
Resolved -
(1) That the Head of Legal and Member Services report to the next meeting with a draft protocal for dealing with local investigations and, in the meantime, members submit suggestions direct to him for inclusion in such a protocol.
(2) That, in the event that a case should arise before the protocol is fully developed, a panel of three members, chaired by one of the independent members and with elected members drawn from political parties other than that to which the member under investigation belongs, be appointed to hear the matter.
(3) (6:1) That the DVD be used as part of the induction training for new members of the Council.
Minute 18 - INDEPENDENT MEMBERS MEETING
Minute Text :
Mr Haywood reported on his attendance at a meeting of independent members, held in Liverpool on 15 November (see also minute 17 above). He reiterated his point regarding the size of panels to hear complaints, about which he had been convinced by the case put forward by representatives of Bury MBC's Standards Committee. Other members of the Committee felt, however, that three was the optimum number.
Minute Decision :
Reolved - That Mr Haywood be thanked for his report.
Minute 19 - CONFERENCE: FIFTH ANNUAL ASSEMBLY OF STANDARDS COMMITTEES
Minute Text :
The Head of Legal and Member Services requested the Committee to consider nominations to attend the fifth Annual Assembly of Standards Committees, "Bridging the Gap", would take place on 16/17 October 2006.
Minute Decision :
Resolved - That the Head of Legal and Member Services book a minimum of three places, five if possible, and the names of those to attend be decided at a later date.
Minute 20 - PRESS REPORT OF COMPLAINT AGAINST A COUNCILLOR
Minute Text :
Mr Haywood referred to a report in a local free newspaper that a complaint had been made against an individual councillor and queried why the matter had not been formally reported to the Committee or to the Standards Board. His particular concern was that once the matter had come into the public domain, the Standards Committee should be seen to be doing something about it.
Members with some knowledge of the case outlined what they understood to be the position, and the Head of Legal and Member Services stated that he had not received any correspondence from the Standards Board for England about the matter.
Minute 21 - STANDARDS COMMITTEE MEMBERSHIP
Minute Text :
The Chair drew attention to the fact that Mr Brian Lowe, Independent Member, had resigned from the Committee and that Councillor Mrs Anderson would not be standing for re-election in May.
Minute Decision :
Resolved -
(1) That the Committee record its appreciation of the contribution made to its work by both Councillor Mrs Anderson and Mr Lowe.
(2) That the Head of Legal and Member Services send a letter of appreciation to Mr Lowe and make the necessary arrangements for the appointment of a new independent member.
(Minutes Published: 7 April 2006)