Agenda and minutes

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

RESOLVED:

That the minutes of the meeting of the Committee held on 14 November 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 advice from the Standards Board following the High Court decision in the Livingstone case.

The Monitoring Officer reported that following the High Court decision in the Livingstone case, a more restrictive view needed to be taken of when the Code of Conduct could apply to the actions of a member.

The interpretation of the words "in any other circumstances" included in paragraphs 4 and 5 (a) of the Code of Conduct had already been limited by the Adjudication Panel for England in earlier cases.  However, a much stricter interpretation had now been imposed arising from the decision of Collins J in the Livingstone case.

Members noted that in light of the judgement, the Government had included proposals in the current Local Government and Public Involvement in the Health Bill to make clear that the Code of Conduct was not limited to actions taken only in an official capacity.  However, until that legislation (if enacted) came into force, it was necessary to apply the law as declared by Mr Justice Collins.

The Committee considered advice which had been issued by the Standards Board's Legal Department.

RESOLVED:

That the advice from the Standards Board following the High Court decision in the Livingstone case be noted.

Recommendation;

To consider the draft revised Code of Conduct and to authorise the Monitoring Officer to respond to the consultation as considered appropriate.

(Monitoring Officer) Members of the Committee were sent on 6 February 2007, a copy of a letter from the Department for Communities and Local Government together with a copy of the consultation paper which seeks views on a draft of a proposed new model Code of Conduct for local authority members.

Attached is a briefing note prepared by the Association of Council Secretaries and Solicitors on the draft revised Code which seeks to identify the relaxations from the current Code and the additional obligations. The briefing note includes comments in bold italics which may help members in their discussion on this matter. Also attached is a briefing from the Local Government Information Unit which highlights and comments on issues.

The list of the specific questions on which the Government would welcome views is also attached.

The Monitoring Officer drew attention to the copy of a letter from the Department for Communities and Local Government together with a copy of a consultation paper seeking views on a draft of a proposed new model Code of Conduct for Local Authority Members which had been sent to members of the Committee on 6 February 2007.

The Monitoring Officer also drew attention to a briefing note prepared by the Association of Council Secretaries and Solicitors on the draft revised Code which sought to identify the relaxations from the current Code and the additional obligations.  Members also received a briefing paper from the Local Government Information Unit which highlighted and commented on issues.

The Committee considered the documents and focussed on the specific questions on which the Government had sought views.

            RESOLVED:

            (1)            That the Monitoring Officer be authorised to submit the following views in response to the consultation paper:

(a)               Paragraph 3 - Disclosure of confidential information

Question 1

            "Does the proposed text on the disclosure of confidential information strike an appropriate balance between the need to treat certain information as confidential, but to allow some information to be made public in defined circumstances when to do so would be in the public interest?”

            Response

            Agreed but clear guidance is required;  safeguards are needed to protect those affected by disclosures.

            (b) Paragraph 4 - Behaviour outside official duties 

            Question 2

            "Subject to powers being available to us to refer in the Code to actions by members in their private capacity beyond actions which are directly relevant to the office of the member, is the proposed text which limits the proscription of activities in members' private capacity to those activities which have already been found to be unlawful by the Courts, appropriate?”

            Response

            Supported on the basis of actual convictions only; not someone's judgement as to what might be regarded as criminal.

           (c) Paragraph 8 - Publicity Code 

           Question 3

            "Is the Code recommended practice on Local Authority Publicity serving a useful purpose?  If the Publicity Code is abolished, do consultees think some or all of its provisions should be promulgated in a different way, e.g. via guidance issued by local government representative bodies, or should authorities be left to make their own decisions in this area without any central guidance?  Should authorities not currently subject to the Publicity Code be required to follow it, or should the current position with regard to them be maintained?”

            Response

            There is benefit in having a national Code; the current Code is out of date, it is based on the former Committee system and does not recognise the high profile of Portfolio Holders; reference needs to be made to modern forms of communication, e.g. websites; the period for restricting publicity between the time of publication of a notice of an election and polling day needs to be amended to prevent publicity issued prior to this period being published within that period.

            (d) Paragraph 10 - Gifts and Hospitality 

            Question 4

            "Does the proposed  ...  view the full minutes text for item 32.

1 (Monitoring Officer)  At the last meeting, it was agreed that changes should be made to the Planning Protocol regarding planning applications made by officers and members and the role of Area Plans Sub Committee Chairmen if a planning matter is referred on to the District Development Control Committee.

2.  Councillor Wright, members of the Committee and the Head of Planning Services have all commented on the proposed revisions.   A revised draft is now submitted so that it may be recommended to the Council and Parish/Town Councils for adoption.

3.  One significant development since the last meeting relates to the form for notifying member/officer status and of any relationship to any member of the Council.  The Committee was keen to ensure that a form should be sent to any applicant so as to prompt them to disclose this matters but the Government has now prescribed its own form which deals with the point.  The revised draft reflects this.

The Deputy Monitoring Officer reported that, at the last meeting, it had been agreed that changes should be made to the Planning Protocol regarding planning applications made by officers and members and the role of Area Plans Sub-Committee Chairmen, if a planning matter was referred on to the District Development Control Committee.

Members were advised that there had been one significant development since the last meeting relating to a form for notifying member/officer status and of any relationship to any member of the Council.  The Committee had been keen to ensure that a form should be sent to any applicant so as to prompt them to disclose these matters but the Government had now prescribed its own form which dealt with the point.

The Committee considered proposed amendments to the Planning Protocol.

            RESOLVED:

            That the revised Planning Protocol be recommended to the Council and to Parish/Town Councils for adoption.

(Monitoring Officer) To note the attached schedule.

The Committee noted the current position and allegations made to the Standards Board for England regarding District and Parish/Town Councillors.  The Allegations Determinations Manager reported on an allegation not included on the schedule in respect of which the Standards Board had decided there should be no investigation.

Members referred to recent statistics included in the Council Bulletin regarding allegations about the conduct of District and Parish/Town Councillors and the situation nationally.

            RESOLVED:

            That appropriate statistical information be included in the Committee's Annual Report to the Council.

(Monitoring Officer) The calendar for 2006/07 provides for a meeting of the Committee on 25 April 2007.

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

The Council’s draft calendar of meetings for 2007/08 provides for meetings of the Committee on 17 July 2007, 16 October 2007, 26 February 2008 and 22 April 2008.

The Committee noted that the calendar for 2006/07 provided for a further meeting of the Committee on 25 April 2007.

Members also noted that the Council's draft calendar of meetings for 2007/08 provided for meetings of the Committee on 17 July 2007, 16 October 2007, 26 February 2008 and 22 April 2008.