Agenda and minutes

Apologies were received from Stephen Gould and Rev. Peggy Jackson.

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

None.

To approve the minutes of the last Standards Committee meeting held on 9 July 2008 and the Standards Hearing Sub-Committee held on 28 July 2008 attached.

The Minutes of the Standards Committee meeting held on 9 July 2008 and the Standards Hearing Sub-Committee held on 28 July 2008 be received and approved and the Chair be authorised to sign them.

The Committee should appoint the memberships of its Sub-Committees.

Report of the Chair of the Standards Committee attached.

(1)   The following members be appointed to the Standards Initial Assessment Sub-Committee until 31 December 2008:

Ms Fraser, Mr Greggains, Mrs Hill, Councillor King, Councillor Parsons and Councillor Stanier.

(2)   The following members be appointed to the Standards Review Sub-Committee until 31 December 2008 :

Councillor Bennett, Mr Buckley, Mr Gould, Rev Jackson and Councillor Jones.

[The clerk agreed to circulate a rota to members of the Standards Initial Assessment Sub-Committee and also offered to draft a flow chart, showing the various stages of the complaints process.]

This report seeks views on whether to change existing arrangements for the initial assessment of any complaints arising under the Members’ Protocol, in the light of the local assessment of Code complaints.

Report of the Head of Legal and Electoral Services attached.

That the initial assessment of complaints under the Members’ Protocol continues as per the status quo.

[The Head of Legal and Electoral Services reported the Standards Board’s view that Code complaints should take precedence over Protocol complaints. He stated that where allegations related to both the Code and the Protocol, it might be appropriate to ask for the withdrawal of Protocol complaints if a substantially similar matter was being investigated under the Code.

Some members on the Committee asked whether it was a possible for a Sub-Committee to decide that, although a matter was not covered by the Code, it may amount to a breach of the Protocol. The Head of Legal and Electoral Services stated that the proposal before the Committee was that Sub-Committees would not undertake the initial assessment of Protocol complaints. However, it would be possible for the Monitoring Officer, in consultation with the Chair, to decide whether or not to investigate a matter under the Protocol once an initial assessment of the Code complaint had been made by that Sub-Committee.]

This report summarises the key issues arising from the work of the Standards Board for England in its new strategic role.

Report of the Head of Legal and Electoral Services attached.

The report be noted.

[The Committee was concerned that the Initial Assessment Sub-Committee had no recourse (short of investigation) against members’ who failed to undertake the actions it requested.

The Head of Legal and Electoral Services stated that the Standards Board had considered the practicality of adjourning sub-committee proceedings, so that a member’s willingness to accept the proposed decision could be tested. However, it had identified concerns about this approach, which members of the Committee shared.

Some members felt that the Standards Committee needed to send out a clear message that it took its responsibilities under the new regime seriously. They felt that the Committee should be able to name and shame members who did not undertake actions (other than investigation) requested by the Standards Initial Assessment Sub-Committee.]

This item enables members of the Committee to provide any relevant feedback in relation to the meetings that they have attended as observers since the last meeting.

The Head of Legal and Electoral Services reported that the Monitoring Officer was not permitted by law to inform a member of the details of a complaint against them as this was now a matter only for the Committee. While there was discretion for the Monitoring Officer to indicate a complaint had been received, this was likely to be unhelpful without more details. Members would normally be provided with a summary of the complaint once the decision of the Standards Initial Assessment Sub-Committee was issued. The Committee felt it was unnecessarily restrictive that full details could not be given at an early stage and thought that this could deter people from standing as Councillors.

The Chair encouraged independent members to observe meetings of the Planning Committee or the Licensing Committee, as these meetings might be felt most likely to generate complaints. The Head of Legal and Electoral Services thought it would be good practice for independent members to provide any feedback to the Chair of the Committee at the end of the meeting.

The Committee’s work programme sets out the planned topics for the year.

Report of the Chair of the Standards Committee attached.

Norman Buckley informed the Committee that he had prepared a number of comments on the Members’ Computer Protocol, which he would circulate to Committee members. He undertook to send his draft to the Assistant Director of Finance and Corporate Services. A report with suggested amendments would be prepared, with aim of it being discussed at the Committee’s December meeting.

It was agreed that guidance on Members’ expenses, particularly relating to reciprocal hospitality during twinning events and the Whistle-blowing policy would also be prepared for the December meeting.