Agenda and minutes

To approve as a correct record the minutes of the meeting held on 14 February 2006 (attached).

            RESOLVED:

            That the minutes of the Committee meeting held on 14 February 2006 be taken as read and signed by the Chairman as a correct record.

To declare interests in any item on the agenda.

No declarations of interest were made pursuant to the Council's Code of Member Conduct.

(Monitoring Officer) To note the attached schedule.

The Committee noted the current position on allegations made to the Standards Board for England regarding District and Parish/Town Councillors.

Recommendation:

To consider the appointment of a representative(s) to attend this year’s Annual Assembly.

(Monitoring Officer) Details have been received of the fifth Annual Assembly of Standards Committees being held at the ICC, Birmingham on 16 and 17 October 2006.

Phil Woolas MP, Minister for Local Government, Office of the Deputy Prime Minister will deliver his vision for the future of the ethical framework, including an update on the implementation of the revised Code of Conduct and proposals for a more locally focused system.

This year’s conference will concentrate on identifying and then closing the gaps between the resources, knowledge and experience needed for effective regulation of ethical standards at a local level.

The conference fee is £415 plus VAT per delegate and includes conference notes and refreshments (Monday lunch and dinner, and Tuesday lunch). Hotels in the locality range from £85 to £140 per night, some of which include breakfast).

The Committee received details of the fifth Annual Assembly of Standards Committees being held at the ICC, Birmingham on 16 and 17 October 2006.

            RESOLVED:

            (1)            That no representative be appointed to attend this year's annual assembly;

            (2)            That the attention of members of the Committee be drawn to any suitable courses regarding the ethical framework being run during the year which come to the attention of officers.

Recommendation:

To note changes made to the categories of exempt information.

(Monitoring Officer) On 1 March 2006, changes were made to legislation which affect hearings of Standards Committees. The changes are contained in the Local Government (Access to Information) (Variation) Order 2006 and the Relevant Authorities (Standards Committee) (Amendment) Regulations 2006.

The changes relate to the provisions regarding the access to meetings of local authorities and the availability of documents relating to such meetings.  Principal councils can exclude the press and public from a meeting whenever it is likely that there would be a disclosure of exempt information. The Order replaces the categories of exempt information with simpler and clearer descriptions.

The main alteration is that the new regulations no longer contain specific provision relating to the personal circumstances of any person. This provision is covered in new paragraphs 1 and 2 which refer to information relating to any individual and information which is likely to reveal the identity of an individual.

The categories of exempt information specifically relating to Standards Committee hearings are largely unaffected, although they are re-numbered as follows:

7A – Information which is subject to any obligation of confidentiality;

7B -  Information which relates in any way to matters concerning national security;

7C -  The deliberations of a Standards Committee or a sub-committee of a Standards Committee in reaching any finding on a matter.

The Standards Committee remains of the view that hearings should generally be held in public.

The Committee noted that on 1 March 2006, changes had been made to legislation which affected hearings of Standards Committees.  The changes related to the provisions regarding the access to meetings of local authorities and the availability of documents relating to such meetings.  Principal councils could exclude the press and public from a meeting whenever it was likely that there would be a disclosure of exempt information and the changes, which had been made, were in relation to the categories of exempt information.  Members were advised that the categories of exempt information specifically relating to Standards Committee hearings were largely unaffected, although they had been renumbered.  The Standards Board remained of the view that hearings should generally be held in public.

            RESOLVED:

            That the changes made to the categories of exempt information be noted.

(Monitoring Officer) The calendar for 2006/07 provides for meetings of the Committee on 18 July 2006, 17 October 2006, 27 February 2007 and 25 April 2007.

Additional meetings can be arranged as and when required by the Committee.

The Committee noted that the calendar for 2006/07 provided for meetings of the Committees on 18 July 2006, 17 October 2006, 27 February 2007 and 25 April 2007.

Exclusion: To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)            disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

            RESOLVED:

            That the public and press be excluded from the meeting for the item of business set out below on the grounds that it would involve the likely disclosure of exempt information as defined in the paragraphs of Part 1 of Schedule 12A of the Local Government Act 1972 and that maintaining the exemption is considered to outweigh the potential public interest in disclosing the information:

            Agenda            Subject            Exempt Information

            Item No                   and Paragraph Number

            9            Adjudication Sub-Committees            1 and 2

To consider a restricted report.

The Committee noted that two reports of local investigating officers had not yet been received.  The Deputy Monitoring Officer who was undertaking one of the investigations drew attention to the amount of time required to undertake such an investigation.  He advised that he expected to be in a position to issue a report in late April/early May 2006.  He also advised that the Monitoring Officer of an adjoining authority undertaking the other investigation was working to a similar timescale.

The Committee discussed the resources required to undertake investigations, the problems arising from officers being conflicted out of the process as a result of having given advice at an early stage and the likelihood of more cases being referred for local investigation by the Standards Board for England.  Attention was also drawn to the cost of engaging investigators from the private sector. 

Members noted that in view of the need for matters to be determined within a period of three months from the date of receipt of investigation reports it might be necessary to arrange for an additional meeting of this Committee to consider the reports.

            RESOLVED:

            That the annual report of this Committee include reference to the need for adequate resources to be provided in order to be able to undertake local investigations.

CHAIRMAN