Agenda and minutes

An apology for absence was received from Rev. Peggy Jackson.

Minutes of the meeting held on 28 February 2006, attached.

The minutes of the meeting held on 28 February 2006 be received and approved and the Chair be authorised to sign them.

[Under minute 34, the Committee noted almost all Register of Members’ Interest forms had been received following the 4 May local elections and were on the Council’s intranet site. Technical problems were delaying their entry on the internet, but officers were working on this.

Under minute 34, the Head of Legal Services reported the Council was setting up an Independent Remuneration Panel, one of whose tasks would be to consider the level of allowances for independent Members of the Standards Committee.]

Members are asked to declare any interests in matters for consideration at the meeting.

Cllr Stanier declared a Personal Interest in agenda item seven, by virtue of being a member of the Audit Committee.  

None.

The Council was recommended at its meeting on 18 July to approve the following individuals to be independent members of the Standards Committee to take effect from 27 August 2006:

·                    Ms Janet Fraser

·                    Mr David Greggains

·                    Mrs Margaret Hill

·                    Rev Peggy Jackson

·                    Mr Derek Wheatley, QC

The item be noted.

[The Council had not reappointed Anne Bogod to the Committee and the Chair thanked her for all her work during the previous four years.]

The Chair of the Standards Committee is sometimes asked to take urgent action or give urgent advice on member conduct issues. To help cover the times when the Chair herself isn’t available, it has been suggested it would be useful for the Committee to appoint a second Vice-Chair who would be one of the independent members.

The Committee is asked to consider whether it wishes to do this, and if so, whom to appoint. 

Mr David Greggains be appointed as the Standards Committee’s Independent Vice-Chair for the municipal year.

Good practice in corporate governance requires regular review of the Council’s key policies and procedures and this review constitutes such a review of the anti-fraud and corruption strategy. The strategy has been updated in light of a recent fraud and in line with best practice.

After its consideration by this Committee, the Strategy will be considered by the Council since it forms part of the Members’ Protocol and is in the Council’s Constitution.

Report of the Head of Legal Services and the Head of Internal Audit and Risk Management attached.

1. The revised Anti-Fraud and Corruption Strategy be endorsed.

2. Council at its meeting on 12 September 2006 be RECOMMENDED to adopt the Strategy as Appendix C to the Members’ Protocol to replace the existing version.

[The Committee noted the Strategy was approved previously in 2005, but had been updated due to a recent fraud and to fall in line with best practice. The main changes had been to clarify the roles and responsibilities of Members and officers, which the Committee noted for the former in particular.

Cllr Stanier declared a Personal Interest in this item by virtue of being a member of Audit Committee.]

This report discusses the training of Councillors since the elections in May 2006 and future training arrangements for Councillors generally in relation to standards issues. It also deals with the training needs of members of Standards Committee, including Councillors joining it and new independent members who will arrive in late August.

Report of the Head of Legal Services attached.

1. It be noted further training sessions on Probity and Ethics had been arranged for 5 September and on Standards 2 on 21 September, and no further action be proposed at this stage regarding training of Members generally.

2. A training session for the Committee be organised for 5.00pm on Wednesday 4 October (immediately before its next meeting) to look at case studies and the Standards Board DVD regarding local investigations.

3. The proposals in the report be agreed as suitable to meet the needs of the Committee in relation to training, and an appropriate number of places be booked at the Standards Board’s Annual Assembly in October.

[The Committee noted standards training for Councillors after May’s election had been well attended generally, particularly by new Members. Officers in Legal Services and Democratic Services were investigating other training events for all those on the Standards Committee.]

This report introduces the Third Annual Report on the work of the Standards Committee in 2005/6.

The report of the Head of Legal Services attached.

Council at its meeting on 12 September 2006 be RECOMMENDED to receive the Third Annual Report of the Standards Committee.

[A substitute page 43 had been circulated given the difficulty with the scanned copy.]

The Standards Board for England has produced a useful DVD for local authorities for training purposes and which illustrates a local investigation and hearing in practice. The DVD runs for 33 minutes and is available for the Committee to view either at this meeting, or else possibly as part of a later training event.

This item was deferred to the Committee’s training session on 4 October.

This report will be a verbal update from the Head of Legal Services on any significant developments at national level the Committee may wish to be aware of.

The item be noted.

[The Committee heard a brief update from the Head of Legal Services on recent national developments in standards. These included:

·                    Proposals to revise and update the Members’ Code of Conduct at national level had been made and implementation was awaited.

·                    The Government had asked its legal officers to consider whether changes were needed to the powers of the Standards Board and Standards Committees, in particular to allow all complaints to be referred to local level in the first instance. It was possible something could be in the 2006 Queen’s Speech, becoming law around 18 months later.

·                    The Standards Board was launching an association for Independent Members of Standards Committees and Richmond’s independent Members were encouraged to join.]

This report is the latest version of the Licensing Protocol, which has been amended recently, following its consideration by Standards Committee, Regulatory Committee and Council.  

Report of the Head of Legal Services attached.

1. The report be noted.

2. The Head of Licensing be asked to organise an additional training session on licensing for Independent Members of the Standards Committee and any Councillors who had not attended previous sessions.

[Members discussed the most recent amendments to the Protocol following its consideration by Regulatory Committee and Council.

The Chair urged all Members and especially the independents to attend licensing training.]

It would be useful for the Committee, in the light of the Annual Report and the report on training issues, to discuss and consider issues to become the work programme for this year.

The item be noted.

[The Committee considered possible items for its work programme for the year and agreed the following issues should be the focus of work:

·                    Further training for Councillors and in particular new Councillors

·                    Training of both Councillor and Independent Members of this Committee on their role, to include consideration of local investigation and decisions, and attendance by a suitable number of Members at the Standards Board’s annual assembly

·                    A review of the Member/ Officer Protocol

·                    Consideration of any additional protocol which might become necessary as part of the implementation of the Gambling Act

·                    The suggested Light Touch Ethical Governance Audit by the Improvement and Development Agency

·                    A review of the protocol on the use of computers

·                    Consideration of the possible introduction of local sifting criteria for Members’ Protocol complaints, in a similar way to those used by the Standards Board for Code of Conduct complaints

·                    To consider more e-mailing of updates and increased use of the Members’ Resources page on the intranet and suitable pages on the Council’s website.

This report explains two complaints that have been received alleging a breach of the Members’ Protocol and seeks the Committee’s views on action to be taken.

Report of the Head of Legal Services attached.

1. The complaints be investigated but focusing on the alleged breach of paragraph 3.1.2 (f), and not 3.1.2 (a).

2. A report be prepared for the Committee’s next meeting on the sifting criteria used by the Standards Board and proposals for local consideration by the Committee. 

[Before discussion on this item started, the Chair warned Members naming the person complained against or discussing the merits of the complaints could prejudice any investigation and be contrary to natural justice.

The Committee heard allegations had been received from a Councillor and a member of the public about possible breaches of the Members’ Protocol. Both complainants had also written to the Standards Board alleging breaches of the Members’ Code of Conduct. These complaints all related to remarks made by a Councillor at Council meetings in March and April 2006.

The Standards Board had written to the Council stating neither of the complaints it received would be investigated. 

The Committee noted the complications created by parallel complaints to the Standards Board and to the Council’s Monitoring Officer for this Committee under the Members’ Protocol, but agreed the grounds for complaints to both were slightly different.

Members acknowledged they had a difficult decision to make, given the conflicting arguments on both sides. The Committee needed its own criteria to help in these situations and they would be produced for the next meeting.

Given the complaint regarding the alleged breach of paragraph 3.1.2 (a) of the Members’ Protocol had been in effect covered by the Standards Board, the Committee agreed this should not be the focus of further investigation. As this was not so for the alleged breach of 3.1.2 (f) of the Protocol, it was agreed an investigation should take place of the complaints which related to that paragraph.]