Agenda item

(Monitoring Officer) To consider the attached report.

The Committee received the Code of Member Conduct adopted by the Council on 18 June 2012 which had been developed by the Public Law Partnership.  Members noted that the Code had been adopted subject to review after 12 months.

The Deputy Monitoring Officer reported that the Council had noted that the new Code did not include the provisions included in the previous Code for members having an interest to make representations before leaving a meeting where the public had the right to speak.  The Council had, therefore, requested this Committee to consider recommending a standing order to provide for the circumstances under which a member could make representations of this kind.

The Committee noted that Section 31 of the Localism Act 2011 made it clear that if a member was present at a meeting of the Council, its Executive or any Committee of the Executive, or of any Committee, Sub-Committee, Joint Committee or Joint Sub-Committee of the Authority, and had a disclosable pecuniary interest relating to business which was to be considered at the meeting, he/she could not:

(a)        participate in any discussion of the business at the meeting; or

(b)        participate in any vote on the matter at the meeting.

The Committee also took account of the Department for Communities and Local Government Guide for Councillors on the new standard arrangements which stated that these prohibitions applied to any form of participation, including speaking as a member of the public.

The Monitoring Officer advised that it would be inappropriate to have a standing order which was contrary to statute and in the event of a challenge the law would prevail.

The Committee discussed the possibility of members having a disclosable pecuniary interest and wishing to make representations before leaving a meeting where the public had the right to speak being required to seek a dispensation.  Attention was drawn to the adopted terms of reference of the Committee in relation to the granting of dispensations:

(a)        the Committee to consider granting dispensations after consultation with the independent person(s) pursuant to Section 33(2)(b), (c) and (e) of the Localism Act 2012; and

(b)        the Monitoring Officer to grant dispensations after consultation with the independent person(s) pursuant to Section 33(2)(a) and (d) of the Localism Act 2012.

Members suggested that the issue would be likely to arise mainly at meetings considering planning applications and expressed concern about the timescale for determining requests for dispensation, particularly those requiring a decision of the Standards Committee bearing in mind that members would only become aware of a planning application going to a committee approximately 10 days before a meeting.

            RESOLVED:

            (1)        That the Code of Member Conduct adopted by the Council on 18 June 2012 be noted;

            (2)        That a report be submitted to the Council:

            (a)        explaining the reasons why it is inappropriate to have a standing order allowing for members having a disclosable pecuniary interest to make representations before leaving a meeting where the public have the right to speak; and

            (b)        recommending that in such circumstances a member should seek a dispensation; and

            (3)        That a report be submitted to the next meeting of the Committee suggesting a process for dealing with Member requests for dispensation bearing in mind the likely timescales involved.