Agenda and minutes

Recommendation: 

To elect a Chairman of the Committee for the municipal year 2007/08.

(Monitoring Officer) The Committee is asked to elect a Chairman for the current year.

RESOLVED:

That Ms M Marshall be elected Chairman of the Committee for the municipal year 2007/08.

To approve as a correct record the minutes of the meeting held on 25 April 2007 (attached).

            RESOLVED:

That the minutes of the meeting of the Committee held on 25 April 2007 be taken as read and signed by the Chairman as a correct record.

To declare interests in any item on the agenda.

Pursuant to the Council's Code of Member Conduct, Councillor Mrs P Smith declared a personal interest in agenda item 7 (Code of Conduct - Applications for Dispensation) by virtue of being a member of the same political group as the councillor who had submitted a tender for the provision of bed and breakfast accommodation for homeless persons.  She had determined that her interest was not prejudicial and that she would remain in the meeting for the consideration of the applications and voting thereon.

Recommendation:

To note that Parish Councillor Mrs D Borton has been appointed as the Parish/Town Council representative on the Committee in succession to Parish Councillor J Salter.

1.            (Monitoring Officer) The Epping Forest District Association of the Essex Association of Local Councils has advised that they have appointed Parish Councillor Mrs Daphne Borton as the Parish/Town Council representative on the Committee in succession to Parish Councillor Jason Salter.

2.            Councillor Salter had been a member of the Committee since it was established in 2001. He decided to stand down as the Parish/Town Council representative on the Committee due to other commitments.

The Committee noted that the Epping Forest District Association of the Essex Association of Local Councils had advised that they had appointed Parish Councillor Mrs Daphne Borton as the Parish/Town Council representative on the Committee in succession to Parish Councillor Jason Salter.

Members noted that Councillor Salter had been a member of the Committee since it was established in 2001.  He had decided to stand down as the Parish/Town Council representative on the Committee due to other commitments.

The Chairman welcomed Parish Councillor Mrs Borton and expressed appreciation of the work undertaken by Parish Councillor J Salter during the past six years.  The Chairman also welcomed District Councillor Mrs Janet Whitehouse, a new District Council appointee on the Committee.

            RESOLVED:

That the Chairman, on behalf of the Committee, send Parish Councillor Jason Salter a letter expressing appreciation for the work he undertook in relation to the Standards Committee over the past six years.

Recommendations:

(1)            To note that Epping Forest District Council adopted the new Code of Conduct (without alteration) on 28 June 2007 as recommended by this Committee; and

(2)             To receive an oral progress report on adoption by the 24 Parish and Town Councils in the District;

(3)             To request a progress report at the next meeting on completion of registrations of interests by district and Parish councillors.

1.             (Monitoring Officer) To  report that a revised Code of Conduct was adopted by the District Council as indicated above. A copy is attached.

2.         Parish and Town Councils are engaged in the same process and a report will be made at the meeting on their decisions in this regard.

3.         A further report will be made at the next meeting on completion of registration of interests at the next meeting.

The Monitoring Officer reported that the District Council had adopted the new Code of Conduct, without alteration, as recommended by this Committee.  Copies of the Code had been made available for inspection by the public at the Civic Offices and Information Centres around the District.  A notice had been published in a local newspaper stating that the new Code had been adopted and advising where copies could be inspected.  The Standards Board for England had been advised of the Council's decision to adopt the new Code.

The Monitoring Officer reported on progress on receipt of completed new registrations of interests forms by District Councillors.

The Committee noted that to date, eleven Parish/Town Councils in the District had advised that they had adopted the new Code of Conduct, without alteration.  Members were reminded that Councils had until 1 October 2007 to adopt the revised Code after which time members of local authorities that had not adopted a revised Code would be automatically covered by it.  The Monitoring Officer advised that in the near future she would be publishing a further notice in a local newspaper on behalf of Parish/Town Councils listing those local Councils that had adopted a new Code.

            RESOLVED:

(1)            That the decision of the District Council to adopt the new Code of Conduct, without alteration, on 28 June 2007 as recommended by this Committee be noted; and

(2)            That a progress report be submitted to the next meeting of this Committee on adoption of a new Code of Conduct by Parish/Town Councils and on completion of registrations of interests by District and Parish/Town Councillors.

(Monitoring Officer) To consider the attached report.

The Monitoring Officer reported that the Council had recently invited tenders for the provision of bed and breakfast accommodation to house homeless persons, where necessary.  Three tenders had been received and the officers were proposing that all three establishments be used with approaches being made initially to the one which had submitted the lowest rates for rooms.  However, as there would be occasions when that establishment did not have vacancies it will be necessary to use the others.

The Committee noted that the decision to use the establishments would normally be taken by the Housing Portfolio Holder but he had advised that he had a prejudicial interest by virtue of his acquaintance with the proprietor of one of the establishments, who was also a fellow District Councillor.  In such circumstances the matter would normally be submitted to the Cabinet for decision but it had been anticipated that the majority of the Cabinet would have similar prejudicial interests.

Accordingly, the Monitoring Officer had sent a letter to all members of the Cabinet seeking clarification of their position and asking, if necessary, if they wished to seek a dispensation to enable them to take part in making a decision on this matter.

The Monitoring Officer reported that only the Standards Committee could grant dispensations and it did so at its discretion.  In considering applications for dispensation it needed to balance the public interest in preventing members with a prejudicial interest from taking part in decisions, against the public interest in decisions being taken by a reasonably representative group of members of the authority.

The Committee noted the grounds on which applications could be made and advice of the Standards Board for England that if failure to grant a dispensation would result in an authority or a Committee not achieving a quorum, this might constitute grounds for granting a dispensation.

The Committee was advised that in response to the letter sent by the Monitoring Officer, five members of the Cabinet had submitted written applications for dispensation.  The Committee noted that the quorum for the Cabinet was a minimum of five of the eight members.

The Committee considered one at a time the submitted applications for dispensation. In coming to their decisions, the Committee took account of the fact that the tender submitted by the councillor had not been the lowest and therefore his establishment would not normally be the first approached by the Council for accommodation.

            RESOLVED:

(1)            That the submitted applications for dispensation be determined as follows:

(a)            Councillor A Green - dispensation agreed as his prejudicial interest is considered to be less substantial;

(b)            Councillor Mrs A Grigg - dispensation agreed as her prejudicial interest is considered to be less substantial;

(c)            Councillor Mrs M Sartin - dispensation refused as her prejudicial interest is considered to be more substantial;

(d)            Councillor D Stallan - dispensation refused as his prejudicial interest is considered to be more substantial;  and

(e)            Councillor Mrs D Collins - dispensation refused as her prejudicial interest is considered  ...  view the full minutes text for item 6.

(Monitoring Officer) To consider the attached report

The Committee noted that the Local Government and Public Involvement in the Health Bill contained many new provisions and revisions to governance arrangements for local authorities.  Part 10 of the Bill dealt with ethical standards and in particular the role of Standards Committees and Monitoring Officers in dealing with allegations against members.

The Monitoring Officer drew attention to the following provisions:

(a)        written allegations - right to make and initial assessments;

(b)        power to suspend Standards Committee functions;

(c)            allegations referred to the Standards Board;

(d)            information to be provided to the Standards Board;

(e)        Sub-Committees of Standards Committees;

(f)         Joint Committees;

(g)        Ethical Standards Officer reports;

(h)            Adjudication Panels;

(i)         Data Protection Act implications;  and

(j)            Political Restrictions - Local Authority Staff.

The Monitoring Officer advised that the Bill had attracted a considerable degree of debate in the House of Commons already and was currently before the House of Lords.  It was likely that further amendments would be proposed and the Bill was not planned to become law until at least the Autumn of 2007.  Members noted that once the Bill had become law, it would be possible to assess fully the effect on the terms of reference of this Committee, the procedures that the Committee already had in place for dealing with allegations against councillors, and officer roles.  It was planned, therefore, to submit further reports to the Committee once the Bill had been enacted.

            RESOLVED:

            (1)            That the main provisions of this Bill be noted;

(2)            That, once the Bill has become law, further reports be submitted on the impact of this legislation on the procedures adopted by this Committee for handling complaints and on amendments to the terms of reference of the Committee in the District Council's Constitution;  and

(3)            That a review of officer roles be undertaken by the Monitoring Officer in the light of the likely new provisions.

(Monitoring Officer) To consider the attached schedule.

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

Recommendations:

(1)            To consider suggested changes to the guidance on gifts and hospitality; and

(2)            To consider whether the district and Town/Parish councils should be consulted about the suggested changes before these are formally adopted.

1.            (Monitoring Officer) Attached is a copy of the Guidance previously issued by the Committee regarding gifts and hospitality.  Track changes are shown on the document to reflect amendments felt necessary to align with changes made in the new code of conduct.

The Committee considered amendments to the guidance previously issued regarding gifts and hospitality in order to align it with changes made in the new Code of Conduct.

            RESOLVED:

(1)            That the suggested changes by the Monitoring Officer to the Guidance be agreed;

(2)            That the following additional changes also being made:

(a)            substitution of "£15" for "£10" in paragraph 3.1(f);  and

(b)            the addition of the following words at the end of paragraph 3.2 "or any registered charity of the Councillor's choice"; 

(3)               That, in view of the limited amendments being made, no consultation be undertaken on the changes to the Guidance.

Recommendations:

(1)             To consider suggested changes to  the Planning Protocol to:

(a)             accord with the new Code of Conduct;

(b)             to give new advice on planning applications from Councillors and political  parties; and

(2)             To consider whether to consult the Head of Planning and Economic Development, Planning Agents, District Council and Parish/Town Councils on the changes before seeking formal  adoption by the Council.

1.             (Monitoring Officer) Attached is a copy of the Council’s Planning Protocol in a document which shows track changes showing suggested amendments to accord with the new Code of Conduct.  Section 23 is a new section designed to give further advice on declarations of prejudicial interests in relation to planning matters originating from colleague Councillors or political  parties.  Before recommending adoption by the Council, the committee may wish to consider prior consultation with those bodies and individuals which have been consulted before.

Members considered proposed changes to the Council's Planning Protocol to accord with the new Code of Conduct.

            RESOLVED:

(1)            That the Head of Planning and Economic Development, Planning Agents, District Councillors and Parish/Town Councils be consulted on the suggested changes to the Planning Protocol;

(2)            That during the consultation period, members of this Committee submit views to the Monitoring Officer;  and

(3)            That consideration be given at the next meeting to changes to the Planning Protocol in the light of replies received to the consultation exercise.

Recommendations:

(1)            To consider suggested amendments to the previous protocol; and

(2)            To consider whether there should be prior consultation with the District Council and Parish/Town Councils regarding the suggested changes.

1.            (Monitoring Officer) The attached document shows, by means of track changes, suggested changes to the previous guidance on use of Council facilities by members.

2.         The Committee should consider prior consultation prior to adoption.

The Committee considered suggested changes to the previous guidance issued in relation to the use of Council facilities by members.

            RESOLVED:

(1)            That the suggested amendments by the Monitoring Officer to the Protocol be agreed;

(2)            That the following additional amendments be made to the Protocol:

(a)            renumbering of paragraph 2;

(b)            definition of "political purposes" in paragraph 2.1(b);

(c)            substitution of "which the individual Councillor considers to be confidential" in place of "which you consider to be confidential" in the new paragraph 2.2 (previously paragraph 2.3);

(d)            extension of paragraph 3.2 of the Appendix to include Freedom of Information legislation;  and

(e)            clarification of the guidance contained in Appendix 1 to make it clear that it is advice and expectation on the best practice and not an attempt to control the use of a member's own hardware or software; 

(3)               That, in the light of the limited amendments proposed, no further consultation be undertaken on the amendments.

Recommendations:

(1) To consider suggested changes to the guidance on outside organisations; and

(2) To consider whether the District Council and Town/Parish Councils should be consulted about the suggested changes before adoption.

1.            (Monitoring Officer) Attached is a copy of the previous guidance issued by the Committee regarding conflicts of interest involving Councillors who serve on outside bodies.  The document shows track changes which indicate amendments thought necessary to accord with the new Code of Conduct.

The Committee considered proposed changes to the previous guidance issued regarding conflicts of interest involving Councillors who served on outside bodies.  Members noted that the new Code of Conduct itself now addressed the issues which had been contained in the previous guidance.

            RESOLVED:

That, having regard to the new Code of Conduct, the guidance advice note on Councillors involved in Outside Organisations be removed from the  Constitution.

(Monitoring Officer) The calendar for 2007/08 provides for further meetings of the Committee on 16 October 2007, 26 February 2008 and 8 April 2008.

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

The Committee noted that the calendar for 2007/08 provided for meetings of the Committee on 16 October 2007, 26 February 2008 and 8 April 2008.