MINUTES

OF THE MEETING OF THE

Standards Committee

Thursday 4th September 2003

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

 

Meeting Commenced:  6.00 p.m.        Meeting Concluded:      7.00 p.m.

 

PRESENT:  Councillors  Ian Parker (Chairman), Nicholas Brown (Vice-Chairman), John Clark and Ian Peddlesden

 

Independent Members

 

Liz Lockwood and Tony Williams

 

Parish/Town Council Member

 

Parish Councillor Tony Horry

 

 

STD

4         

Welcome and Introductions

 

The Chairman on behalf of the Committee welcomed the two new Independent Members, Liz Lockwood and Tony Williams, and introduced the other Committee members, and the officers present.

 

STD

5         

Minutes of the Meeting held on 10th June 2003 (Agenda Item 4.1)

 

            RESOLVED: that the minutes be approved as a correct record and signed by the Chairman

STD

6         

The Local Authorities (Code of Conduct) (Local Determination) Regulations 2003

 

The Committee considered a report which provided information about the regulations which would affect this Committee, and enable it to deal locally with complaints made about Councillors who it is alleged have broken the Code of Conduct.

 

A draft procedure for Standards Committee determinations was tabled, together with guidance from the Standards Board for England.

 

The Solicitor to the Council referred in particular to the pre-hearing procedure and the determination of sanction if a breach of the Code is found.

 

Discussion ensued and the following points were raised:

 

1.            Whether a Member of the Committee sitting on a Panel have to declare an interest if the person being complained about was a Member of the same Ward.

 

It would be a matter of judgement for the individual Panel Member concerned.  Each case would be considered on its merits.  The guidance referred to a friend or relative.  The general principles of Article 6 of the Human Rights Act would apply.  The Panel sitting in judgement must be manifestly fair and unbiased.

 

2.            A Member commented on a situation where a Councillor may have been censured and the censure used against that person by political opponents in an election campaign, whilst an appeal was pending.

 

3.            Members of the Committee were asked to read the guidance and proposed procedure for determinations prior to the next meeting.

 

RESOLVED:  that the report be noted.

STD

7         

Process for the Election of a Second Town/Parish Council Representative to the Standards Committee

 

The Committee considered a report of the process for the election of a second Town/Parish Council representative to the Standards Committee.

 

The Solicitor to the Council drew attention to the fact that the Committee had recently agreed to elect the existing Town/Parish Council representative on the basis of one Town/Parih Council, one vote. Therefore, it would be inconsistent so soon after, to elect a second representative on a different basis.  Any change in the process should be considered prior to electing two representatives next time.  The majority of the Committee concurred with these comments. It was pointed out that Councils were not obliged to carry out an election process with many having filled the position by appointment.

 

Councillor Brown demurred from the majority view, and commented that  in his opinion, the current election process was inherently undemocratic, and biased in favour of small parishes, and against the large towns.

 

RESOLVED:  (5 votes in favour, one vote against) that the current process for the election of a Town/Parish Council representative to the Standards Committee remain unchanged, and be used for the election of a second representative.

 

[Councillor Brown requested that his vote against be recorded).

STD

8         

Exclusion of Press and Public

 

RESOLVED:  that the press and public be excluded from the meeting during consideration of the following item of business on the grounds that its 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. 8                         Paragraph 1 of Part 1 of Schedule 12A to the Local Government Act 1972 (information relating to a particular office-holder of the Authority).

STD

9         

Allegations Regarding A Member of North Somerset Council (URGENT EXEMPT ITEM)

 

The Chairman agreed to take this exempt item as an urgent item of business.  The reason for urgency was to avoid unnecessary delay in allaying public concern regarding the handling of a current planning application.

 

The member subject to the allegations had asked for them to be referred to the Standards Committee. The Solicitor to the Council outlined the issues, and responded to the Committee’s questions and queries.

 

RESOLVED:  that the Committee notes the allegation made, and considers that it is unable to consider the matter at a local level, and therefore not able to comment. Further, that the Solicitor to the Council write to the complainant to advise that it is a matter for the complainant to refer the matter to the Standards Board for England, if he considers there is sufficient evidence to do so.

 

 

 

                                                                                        ________________________________

                                                                                                                 Chairman

                                                                                        ________________________________