Agendas, Minutes and Reports

MINUTES

OF THE MEETING OF THE

Standards Committee

Monday 14th April 2003

HELD AT THE TOWN HALL, WESTON-SUPER-MARE, SOMERSET.

Meeting Commenced: 4.40 p.m. Meeting Concluded: 7.25 p.m.

PRESENT:

District Councillors

John Clark (Chairman), Nicholas Brown, John Wiltshire

Independent Members

Mr. C.R. Williams and Mr. P.W. Barrett

Parish/Town Council Member

Parish Councillor Tony Horry

APOLOGY FOR ABSENCE: Councillor Michael Lyall

STD Chairman’s Thanks

The Chairman, on behalf of the Committee thanked the officers for the excellent support and advice they had given the Committee since its inception. He also conveyed best wishes and thanks to Councillor John Wiltshire who was retiring from the Council.

STD

Public Participation

(1) Mr. John Morris – E-mail Democracy

Mr. John Morris of Clevedon addressed the Committee on his suggestion proposing a policy for elected Members on the appropriate use of the Council’s internet and e-mail facilities.

Mr. Morris expressed his disappointment that a parallel policy had not been proposed for Members.

Reference was made to an alleged breach of the Code of Conduct by one Councillor to block the receipt of e-mails, although it was acknowledged that the Standards Board for England did not consider that a breach had occurred.

Mr. Morris urged the Committee to adopt immediately the principle of e-government based on the model used by Members of Parliament. He pointed out that MPs preferred the risk of receiving the occasional abusive message to having a detailed filtering system.

Members of the Committee asked questions of Mr. Morris, to which he responded.

The Chairman thanked Mr. Morris for his presentation.

Mr. Morris thanked the Committee for the courteous manner in which he had been received.

SUSPENSION OF STANDING ORDERS

STD

Suspension of Standing Orders to enable a person to address the Committee under Public Participation

RESOLVED that Standing Orders be suspended accordingly.

STD

Mrs. Helen Madge of Backwell

Mrs. Madge addressed the Committee. She explained that she was a former Backwell Parish Councillor who felt strongly about the management of Backwell Lake which adjoined her home, and where she acted as a volunteer warden, developing considerable expertise. A strict interpretation of the Code of Conduct meant that whilst a Parish Councillor, she was not allowed to participate in discussions relating to the site, even with regard to a non decision-making advisory working party.

Mrs. Madge added that she was standing for election to the District Council, and was requesting the Standards Committee to agree to her receiving a dispensation.

The Members asked questions of Mrs. Madge to which she responded.

The Chairman thanked Mrs. Madge for her address.

THE COMMITTEE’S PROCEEDINGS WITH STANDING ORDERS APPLYING THEN FOLLOWED

STD

Minutes of the Meeting held on 4th December 2002 (Agenda Item 4.1)

RESOLVED: that the minutes be approved as a correct record and signed by the Chairman, subject to the substitution of “while” for “whole” in the first line of the second paragraph on page three of the minutes.

STD

Review of Scrutiny Activity (Agenda Item 5.1)

The Committee considered a reference from the Executive of 11th March 2003 (EXE 176 refers) regarding the conclusions of the Financial Accountability Select Committee of 3rd March 2003 (FIN 72 refers).

The Working Group on the Review of Scrutiny Activity had looked into ways of improving the effectiveness of scrutiny and its report provided a basis. The Working Group had identified five areas where change would support the provision of improved, relevant and cost-effective services:

(1) Establish a structure of Overview and Scrutiny that was clear and simple.

(2) Establish a workload for the committee that was focused on priorities and within its capacity.

(3) Assist members to understand their role in overview and scrutiny and build their ability to fulfil this role.

(4) Generate a Chairmanship structure that supported the delivery of outcomes from the Overview and Scrutiny process.

(5) Develop and support committee behaviours that encouraged in-depth discussion of the agenda item and its purpose.

It was noted that the Select Committees which had considered the report to date, were broadly in support of the recommendations of the Working Party.

Members commented on the report as follows:

* Select Committees should not necessarily be chaired by Members of the majority party.

* The membership of Select Committees was too large. A reduction in size would sharpen the scrutiny process by enabling the fewer members to play a more active role.

* Select Committees must set their own agendas.

* The Select Committee process should have an independent dedicated officer support.

The Chief Executive Officer expressed caution about the latter point. He commented

That he was seeking to encourage officers of the Authority to work together as a team, and that he would be wary about setting up a separate arms-length group of officers. The Council already had a Best Value and Performance Team which provided support to the overview and scrutiny process, and in accordance with the Constitution officers served the Authority as a whole.

It was moved by Councillor Brown, seconded by Mr. Williams, and

RESOLVED:

(1) that the Executive be advised this Committee considers (i) that the Authority should have an energetic and vigorous scrutiny process, and (ii) that the scrutiny process should be supported by a dedicated officer resource; and

(2) that this Committee when it next reviews the Constitution, takes on board the issues of Chairmanship and membership of the Select Committees.

STD

Internet and E-mail Use (Agenda Item 6.1)

The Head of Information and Communications Technology (ICT) presented a report on the provision of draft policies on the use of the Council’s internet and e-mail facilities by officers.

The Committee was requested to consider, review and comment on the draft policies.

It was explained by the Head of ICT that the draft policies had been produced some time ago, but that their issue had been held in abeyance pending guidance from the Information Commissioner. It was important that clear guidance on acceptable use was given to users, so that the Council did not incur any liability or loss of reputation, and equally, that the individual users themselves were protected. It would be made clear to users that the Council reserved the right to monitor usage. Consultation on the draft policies would take place with the Trades Unions before the reports were submitted to the Executive and to the Council.

The Head of ICT welcomed the input made during Public Participation by Mr. John Morris of Clevedon, and said that the Authority should look to develop policies on the use of the Council’s internet and e-mail facilities by Members.

The Solicitor to the Council referred to the address given by Mr. John Morris during Public Participation, and his argument that a Councillor had breached the Code of Conduct. However, the view of the Solicitor to the Council as Monitoring Officer was that there was no significant difference. It was pointed out that the Standards Board for England was not prepared to accept that there had been any breach of the Code of Conduct in the matter brought before them by Mr. Morris. It would be inappropriate and ultra vires for the Standards Committee to investigate individual complaints before Section 66 Regulations were made. However, the Solicitor to the Council said that Mr. Morris’ general proposal for a protocol on Members’ use of IT facilities provided by the Council was a good idea.

Members of the Committee discussed the draft policies and officers responded to questions and queries.

It was considered that barring any personal use was impractical, since it would be impossible for the Authority to administer and police that role effectively. Allowance should be made for reasonable private use.

Members were undecided whether the term, “occasional use” was too loose.

RESOLVED:

(1) that the policies on the use of the Council’s internet and e-mail facilities by officers be recommended for approval, and that following consultation with the Trades Unions, the Head of Information and Communications Technology report to the Executive;

(2) that the officers develop similar policies on internet and e-mail use to apply to Members, and report back to this Committee.

STD

Report on the Activities of the Standards Committee Since its Inception (Agenda Item 7.1)

The Committee considered this report which provided summary of the various issues it had considered and discussed since its first meeting on 24th October 2001. The report also requested a decision on the Committee’s preferred process for the election of a Town/Parish Council member to the Committee.

The Solicitor to the Council referred to the function of the Standards Committee in promoting ethical standards, and this it had achieved. The report highlighted that much had been achieved by the Committee, with a large number of its recommendations being adopted by the Council, for example, the Constitution and Probity in Planning.

The Solicitor to the Council also commended the adoption of the system of single transferable vote for the forthcoming election of a Town/Parish Council to the Committee.

Members accepted the proposal for a system of single transferable vote, but queried the logic of specifying that voting should be for up to three candidates. It was considered that Members should be able to vote for all candidates nominated.

RESOLVED:

(1) that the report be noted;

(2) that the system of single transferable vote be used for the election of a Town/Parish Council Member to this Committee, and that Town and Parish Councils be entitled to express a preference for any or all of the candidates listed on the nomination form.

STD

Role of Independent Members (Agenda Item 8.1)

The Committee considered a report which addressed the following issues: (1) the process for appointing Independent Members to the Committee, and (2) allowances paid to Independent Chairman.

The Committee expressed satisfaction with the appointment process, but considered that the draft advertisement appended to the report needed to be redrafted, so as to be more dynamic in style and context.

Discussion also focused on the Selection Panel to interview and appoint the Independent Members. The current Independent Members wished to retain the option to apply again, and therefore they would be precluded from sitting on the Panel. It was inappropriate for elected Members to take part, and therefore, officers would again have to interview and appoint.

The Solicitor to the Council affirmed that there was nothing to stop an Independent Member of the Committee becoming Chairman, but there was doubt as to whether it was lawful for a Council to pay a Chairman’s allowance to an Independent Member of the Standards Committee. The outcome of a review of this issue by the Office of the Deputy Prime Minister was awaited. However, it would be possible to pay expenses.

The Independent Members also expressed a wish for a more formal arrangement or rota to be set up for them to attend meetings of other Committees of the Council in order to observe their proceedings.

The Committee considered also that it would be beneficial to have a second Town/Parish Councillor as one of its Members. The Solicitor to the Council said that he would be happy to commend such a recommendation to the Council.

RESOLVED:

(1) That the process for appointing two Independent Members to the Standards Committee be approved as set out in the report, and subject to the advertisement being redrafted to be more dynamic in style and content;

(2) that the officers comprise the Selection Panel to appoint two new Independent Members;

(3) that the current Independent Members of the Standards Committee continue in office until the appointment of new Independent Members has been confirmed by Council;

(4) that the outcome of the review by the Office of the Deputy Prime Minister of allowances for co-opted members be awaited, but in the meantime, it be noted that there is nothing to prevent an Independent member of the Standards Committee from taking the Chair.

(5) that more formal arrangements or a rota be drawn up for Independent Members of the Standards Committee to attend other meetings of Committees of the Council.

RECOMMENDED TO THE COUNCIL: that Paragraph 9.2 of Article 9 of the Constitution pertaining to composition be amended to enable the Town/Parish Councillors on the Standards Committee to be increased from one member to two.

STD

Work Programme (Agenda Item 9.1)

The Committee considered a draft work programme which aimed to help the Committee in planning its work for the forthcoming year.

The Solicitor to the Council pointed out that the draft work programme was a rolling programme and was there as a base, to which the Committee could add or delete items as it wished.

RESOLVED: that the work programme attached as an Appendix to the report be adopted.

STD

Section 66 Regulations (Agenda Item 10.1)

The Committee received a report which informed that Section 66 Regulations were still awaited from the Secretary of State, and were now expected to be made in two parts, probably in April and October 2003.

It was noted that delays in producing the regulations had arisen due to (1) the huge volume of complaints made (mostly trivial) and (2) concerns about possible conflicts of role for both Standards Committees and Monitoring Officers, who were expected to be local guide and adviser, investigator, judge and jury over the same issues. Ministers had accepted that new primary legislation was required to overcome flaws in the Local Government Act 2000, and as a consequence, Standards Committees had remained unable to investigate and deal with individual complaints locally. It was anticipated that part of the Section 66 Regulations would come out in April 2003, and the remainder in the Autumn once the Local Government Bill had become law.

RESOLVED: that the report be noted.

STD

Members’ Training and Development (Agenda Item 11.1)

The Committee considered a proposed Member development plan.

RESOLVED: that the Members’ development plan be welcomed.

STD

Exclusion of the Press and Public

RESOLVED: that the press and public be excluded from the meeting during consideration of the following items of business on the ground that their consideration will involve the disclosure of exempt information as defined in Section 100I of the Local Government Act 1972”.

Item Reason for Exemption

Minute No. 32 Paragraph 7 of Part 1 of Schedule 12A of the

Local Government Act 1972.

STD

Guidance to Parish Councillors on Compliance with the Code of Conduct (Agenda Item 12.1 – Exempt Item)

The Committee considered a report prepared by Councillor Nick Brown regarding a request by a parish councillor, with a prejudicial interest, for a dispensation to allow attendance at working party meetings/advisory committee meetings (where no decision can be made) and be party to a report/recommendation to the Parish Council.

Councillor Nick Brown assisted the Committee by explaining the background to this item. Reference was made to the correspondence presented, including the briefing note on dispensations prepared by the Solicitor to the Council.

The Committee received the advice of the Solicitor to the Council

The Committee was asked to consider:-

(1) whether to grant the request for dispensation;

(2) whether to issue some local guidance to assist with the application of the Code of Conduct;

(3) whether there was any merit in a monitoring scheme.

Following discussion, it was

RESOLVED:

(1) that the request for dispensation not be granted;

(2) that the Solicitor to the Council as Monitoring Officer write to all Town and Parish Councils in North Somerset drawing their attention to the Standards Board Website with specific reference to Questions and Answers and cases, and;

(3) that a monitoring scheme is considered to be impractical.

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Chairman

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