The Director of Law and Governance introduced the report, which presented to the Committee a request for a dispensation for Members in respect of an Interest under the Members Code of Conduct in relation to the National Health Service (NHS) and the proposed Integrated Care System (ICS).

The Committee was advised that given the proposed changes in the NHS and the transfer of statutory functions from Clinical Commissioning Groups to Integrated Care Boards who would then be able to delegate functions to Local Authorities, Councillors would have a number of complex interests given their involvement through undertaking statutory scrutiny and voting on pooled fund arrangements. It was therefore proposed that the dispensation was warranted on the basis that:

·  there would otherwise be so many Members prohibited from participating in matters related to the NHS and the ICS that it would be likely that either or both the transaction of the business of a Committee would be impeded and the political representation would be so upset as to alter the likely outcome of any vote;

·  the considerations before the Council concerning the NHS and the ICS are of such a large scale and so encompassing that any personal interest of a Member of the Council is unlikely to have a meaningful impact on the decisions of Ministers, NHS leaders or the wider Council in their dealings with any matter related the management and finances of NHS employers; and

·  that any bias introduced by a personal benefit to a Member of the Council related to the NHS and the organisation of the ICS will, therefore, be outweighed by the extent of the public benefit obtained by their contribution as a councillor in the interests of persons living in the authority’s area.

A detailed discussion from members ensued where concerns were raised that the absence of a dispensation would impact on the Council’s ability to conduct business relating to the ICS. Other members argued that the development of the ICS was still in its infancy and that it was too early to grant a dispensation. Further comments were made in relation to the loss of expertise should the dispensation not be granted, and the requirement for members to still declare an interest with the dispensation should they have a direct bias such as directly negotiating a contract with the Council.

Following the discussion, the Chair adjourned the meeting at 7.00pm.

The meeting resumed at 7.33pm.

It was proposed by Councillor Phil Gilchrist, seconded by Councillor Paul Stuart, that –

“this committee –

a.  Thanks the Director of Law and Governance for setting out the issues facing Members in relation to the National Health Service (NHS) and the proposed Integrated Care System (ICS).

b.  Notes that a number of Members have made and regularly make the appropriate declarations at both Council and Committee meetings.

c.  Recognises the concern that the number of Members making declarations might, in certain circumstances, impact on the balance of and decisions made by the Council and, at this juncture, considers that the likely outcome of potential votes on the NHS and ICS does warrant the granting of a general dispensation relating to interests.

d.  Fully appreciates and underlines the fact that Members should always have full regard to the circumstances in which the development of the ICS and its structures have the potential over time to require specific decisions of this Council which will necessitate the need for greater caution on their part.

e.  Agrees that as greater clarity emerges over the structure of the ICS, with the proposed Board, delegated budgets, along with possible arrangements for scrutiny, the situation will require a further review of the advice provided to members. This should, ideally, be in time for the first meeting of Council in the new municipal year when new members will have received advice at induction and all members will have considered how the allocation of committee places might have a bearing on any interests.

f.  It is essential that, in receiving a dispensation, Members remain aware of perceptions that the public may have of their conduct and their remarks. They should, therefore, ensure that they are of aware of this and should ensure that they act in the wider public interest at each and every occasion. If they assess that they are in doubt about how closely involved they might be they should seek further advice in sufficient time.

Accordingly, this Committee requests that officers undertake a review, which needs to be completed early in the next Municipal Year.”

The motion was put and carried unanimously.

The importance of members not becoming complacent as a result of the granting of the dispensation was stressed and the Director of Law and Governance undertook to send a note to all members advising them of the outcome and emphasising that their legal duty under the Code of Conduct remained. It was therefore –

Resolved – That this committee –

a.  Thanks the Director of Law and Governance for setting out the issues facing Members in relation to the National Health Service (NHS) and the proposed Integrated Care System (ICS).

b.  Notes that a number of Members have made and regularly make the appropriate declarations at both Council and Committee meetings.

c.  Recognises the concern that the number of Members making declarations might, in certain circumstances, impact on the balance of and decisions made by the Council and, at this juncture, considers that the likely outcome of potential votes on the NHS and ICS does warrant the granting of a general dispensation relating to interests.

d.  Fully appreciates and underlines the factthat Members should always have full regard to the circumstances in which the development of the ICS and its structures have the potential over time to require specific decisions of this Council which will necessitate the need for greater caution on their part.

e.  Agrees that as greater clarity emerges over the structure of the ICS, with the proposed Board, delegated budgets, along with possible arrangements for scrutiny, the situation will require a further review of the advice provided to members. This should, ideally, be in time for the first meeting of Council in the new municipal year when new members will have received advice at induction and all members will have considered how the allocation of committee places might have a bearing on any interests.

f.  It is essential that, in receiving a dispensation, Members remain aware of perceptions that the public may have of their conduct and their remarks. They should, therefore, ensure that they are of aware of this and should ensure that they act in the wider public interest at each and every occasion. If they assess that they are in doubt about how closely involved they might be they should seek further advice in sufficient time.

Accordingly, this Committee requests that officers undertake a review, which needs to be completed early in the next Municipal Year.