Apologies for absence were received from Councillor John Hale.

Members were asked to consider whether they had any disclosable pecuniary interests and/or any other relevant interest in connection with any item(s) on this agenda and, if so, to declare them and state the nature of the interest.

No such declarations were made.

To approve the accuracy of the minutes of the following meetings:

·  Standards and Constitutional Oversight Committee, 13 June 2017;

·  Standards and Constitutional Oversight Committee (meeting as Trustees of the Callister Youth Club), 29 June 2017;

·  Standards and Constitutional Oversight Working Group, 29 June 2017;

·  Standards and Constitutional Oversight Sub-Committee (Trustees of the Callister Youth Club Interviews), 21 September 2017; and

·  Special meeting of the Standards and Constitutional Oversight Committee (outcome of complaint against a Councillor), 31 October 2017.

Resolved – That the minutes of the following meetings be confirmed as correct records:

·  Standards and Constitutional Oversight Committee, 13 June 2017;

·  Standards and Constitutional Oversight Committee (meeting as Trustees of the Callister Youth Club), 29 June 2017;

·  Standards and Constitutional Oversight Working Group, 29 June 2017;

·  Standards and Constitutional Oversight Sub-Committee (Trustees of the Callister Youth Club Interviews), 21 September 2017; and

·  Special meeting of the Standards and Constitutional Oversight Committee (outcome of complaint against a Councillor), 31 October 2017.

The Interim Assistant Director: Law and Governance introduced a report on the appointment of Independent Persons to sit on the Committee.

In 2012 four Independent Person appointments were made but two had since resigned. There remained two Independent Persons who sat on the Standards and Constitutional Oversight Committee and Panel as their term of office had been subsequently extended until 15 July 2020. 

A further recruitment exercise was approved by the Committee at its meeting on 5 December, 2016 (minute 23 refers) with the aim of appointing more Independent Persons because it was recognised that there were benefits to having independent voices on the Committee and its Panel, as Elected Members could take advantage of their expertise and experience. Therefore, it was considered very important to build up the pool of Independent Persons that could be called upon to assist the Council with Standards matters etc. and so increase resilience.

Independent Persons could also be requested to offer advice in respect of complaints made against Elected Members and could be called upon in the event of the proposed dismissal of the Head of Paid Service, Monitoring Officer or Chief Finance Officer in accordance with their statutory role.

The report updated the Committee on the recruitment of Independent Persons. The Selection Panel, consisting of Councillors David Elderton, Phil Gilchrist and Moira McLaughlin met on 14 September 2017 and interviewed four candidates. All four were deemed worthy of selection, subject to satisfactory references.

A Member suggested that a brief biography of each of the new independent members could be published on the website and the Interim Assistant Director: Law and Governance agreed that he would ask if they were agreeable to this.

Resolved - That this Committee approves all four potential Independent Persons for recommendation to the Council for appointment, as follows:

·  Mr G Kerr

·  Mr JR McCosh

·  Ms Angele Lloyd Prince

·  Mr A Wilson

The Council was required to deal with complaints made against its Members under its approved Ethical Framework.

In order to assist with the effective administration of standards complaints, the Committee, as part of its monitoring role, was invited to consider the nature and handling of complaints received pursuant to the Members’ Code of Conduct.

The report of the Interim Assistant Director: Law and Governance and Monitoring Officer informed the Committee that the process for the administration of standards complaints was undertaken in accordance with the Protocol for Dealing with Member Complaints which had been approved by the Committee and the Council.  An appendix was submitted with the report which summarised those standards complaints made under the Members’ Code of Conduct between 1 April 2016 and 31 May 2017. The Committee noted that during this period 14 complaints had been made, of which one complaint was withdrawn and one was regarding a Council service and had been submitted on the incorrect form. It also noted the current status of each one and that 3 matters were yet to be resolved.

Responding to comments from Members, the Interim Assistant Director: Law and Governance reported that as of that day, no apologies had been made in respect of the Councillor Reecejones complaint.

The Committee then discussed how the matter of an apology to Council should be referred to Council and at what point in the proceedings the apology should be made. The issue of the Council formally censuring a Member was also raised.

In response, the Interim Assistant Director: Law and Governance, informed the Committee that the Council did have the power to formally censure a Member but that the Member would normally be given notice of such an action and have the right of reply.

With regard to the making of an apology to Council he reported that the minutes of the Committee from 31 October would be reported to Council under the item, 'Matters Referred from Overview and Scrutiny Committee or Other Council Committees’ and the Chair would introduce the minutes and make specific reference to this Committee’s resolution for an apology to be made to the Council.

Resolved – That the summary of standards complaints and Committee’s comments be noted.

Members are asked to consider the attached consultation paper issued by the Department for Communities and Local Government on behalf of the Secretary of State. The consultation paper sets out the government’s proposals for updating the criteria disqualifying individuals from standing for, or holding office as, a local authority member, directly-elected mayor or member of the London Assembly.

The Interim Assistant Director: Law and Governance and Monitoring Officer introduced a report which set out the details of a Department for Communities and Local Government (DCLG) consultation exercise proposing to update the criteria that barred individuals from becoming a local councillor or directly elected mayor.

The Chair suggested that the responses to the direct questions 1 to 5 in the consultation document should be accepted and then opened the matter up for debate.

A Member queried the notification period for a person on the sex offenders register and the fact that somebody sentenced to imprisonment for six months or more up to 29 months was barred for 10 years from holding public office, whereas somebody sentenced to 30 months or more imprisonment was barred for an indefinite period and how was this defined.

The Interim Assistant Director: Law and Governance commented that an indefinite period was subject to review but as to who undertook that review it was not clear.

The Chair and Members suggested the need for Councils to have powers to temporarily suspend Members for a period of time or for a period up to when they were next due for election.

The Interim Assistant Director: Law and Governance commented upon the suggestion of suspension and that this would only be applied where the standards of behaviour had strayed so far that the Member was considered to be not a ‘fit and proper’ person to hold office. This could also apply to a suggestion put forward by one Council on the right of recall, where a person would be removed from office and a bye-election triggered. The Chair commented that these powers would only be used in absolutely exceptional circumstances.

Resolved - That this Committee, having considered the consultation on the disqualification criteria for councillors and directly elected mayors, instructs the Monitoring Officer to send a written response:

(a)  in accordance with the Committee’s views above; and

(b)  respond to the consultation’s direct questions that the Committee

(i).  Agree that an individual who is subject to the notification requirements set out in the Sexual Offences Act 2003 should be prohibited from standing for election, or holding office, as a member of a local authority;

(ii).  Agree that an individual who is subject to a Sexual Risk Order (SRO) should be prohibited from standing for election, or holding office, as a member of a local authority;

(iii).  Agree that an individual who has been issued with a Civil Injunction (made under section 1 of the Anti-social Behaviour, Crime and Policing Act 2014) or a Criminal Behaviour Order (under section 22 of the Anti-social Behaviour, Crime and Policing Act 2014) should be prohibited from standing for election, or holding office, as a member of a local authority;

(iv).  Agree that being subject to a Civil Injunction or a Criminal Behaviour Order should be the only anti-social behaviour-related reasons why an individual should be prohibited from standing for election, or holding office, as a member of a local authority; and  ...  view the full minutes text for item 27.

At the last meeting of the Standards and Constitutional Oversight Committee Working Group, Members agreed a number of items for inclusion on the Committee’s Work Programme for 2017/18. The suggested topics are:

·  Council’s Code of Conduct, Member Sanctions and Investigation Timescales;

·  Social Media Policy;

·  Member/Officer Protocol

·  Disclosure and Barring Service - Councillors; and

·  Filming Of Public Meetings – Protocol

Additional item – complaint from Councillor Phil Davies re Call-Ins

The Standards and Constitutional Oversight Committee is asked to consider if any further items be recommended for inclusion in this year’s Work Programme.

The Committee were requested to consider any further items for inclusion in the committee’s work programme, in addition to those already agreed by the Working Group:

·  Council’s Code of Conduct, Member Sanctions and Investigation Timescales;

·  Social Media Policy;

·  Member/Officer Protocol;

·  Disclosure and Barring Service - Councillors; and

·  Filming Of Public Meetings – Protocol

with an additional item – complaint from Councillor Phil Davies regarding ‘Call-Ins’.

The Chair suggested that the issue of filming should be a priority.

The Interim Assistant Director: Law and Governance reported that there were several technical gaps in the Constitution and he would bring a report forward on these to the February meeting. The issue of the timescale for requisitioned Council meetings, as suggested by Councillor Blakeley, could also be looked at within this report.

The additional item raised by Councillor Phil Davies, it was understood, related to call-ins and pre-determination and would be placed on the work programme once further details had been established.

Responding to further comments from Members, the Interim Assistant Director: Law and Governance stated that the limits on the allowances for overseas travel were something which could be looked at. With regard to Notices of Motion the Mayor had discretion as to whether they were referred for debate or to a Committee, and she had suggested that when these decisions were made they were made in the presence of the Group Leaders. This did not change the Council Procedure Rules in the Constitution.

Resolved – That the work programme be agreed with the addition of:

·  Review of the Constitution - to address any technical gaps identified by the Interim Assistant Director: Law and Governance and to include the timescale for requisitioned Councils.

·  Allowances for overseas travel.