Agenda item

To consider the report of the Head of Legal, Equalities and Democratic Services

A report of the Head of Legal, Equalities and Democratic Services on fundamental changes to the system of regulation of the standards of conduct for elected and co-opted Councillors had been circulated with the agenda for the meeting.

Subsequent to the circulation of the agenda, the Council had received notification of the Government Regulations on disclosable pecuniary interests and the Ten General Principles of Public Life. As a consequence, supplementary papers were tabled which included a number of changes proposed to the recommendations included within the main agenda pack.

The Chairman proposed that the meeting be adjourned for a short period to allow Members the opportunity to consider this new information and the meeting was consequently adjourned at 6.10pm.

The meeting reconvened at 6.27pm. The tabled recommendations were moved by Councillor M. A. Bullivant and seconded by Councillor Dr. D. W. P. Booth JP. At the invitation of the Chairman, Councillor P. M. McDonald raised queries on three of the recommendations. In response to Councillor P. M. McDonald’s question in relation to Paragraph 11(2) of the Code of Conduct the Head of Legal, Equalities and Democratic Services confirmed that Members would not be required to declare their school governorships unless the matter was deemed prejudicial on a case by case basis. Councillor  P. M. McDonald proposed an amendment, seconded by Councillor Mrs C. M. McDonald, that the arbitrary lower limit of £25 for any gift or hospitality be removed and all gifts and hospitality, within reason, be recorded in the publically available register. Councillor R. Hollingworth, Leader of the Council indicated his support for this amendment.

Councillor McDonald proposed a further amendment, seconded by Councillor L. C. R. Mallett, that the Chief Whip of any Group on the Council should not be appointed to the Standards Committee. Councillor R. Hollingworth responded that the Council should ensure that the most appropriate people should be appointed to the Committee regardless of whether they were a party Whip. Having been put to the vote, the amendment was lost and it was consequently

RESOLVED:

(a)       that Members agree the creation of a new Standards Committee to enable the Council to discharge its duty to promote high standards of behaviour in public life and approve the terms of reference of the Committee as tabled at the meeting.

(b)       that Members agree that the new Standards Committee comprise nine elected district councillors and that two Parish representatives be co-opted onto the Committee as non voting co-optees.

(c)        that Members consider and approve the final version of the Code of Conduct, as tabled at the meeting.

(d)       that Members consider and approve the process for managing standards complaints at Appendix 3 to the report and delegate authority to the Standards Committee and the Monitoring Officer to administer complaints in accordance with the agreed process.

(e)       that Members agree the proposals for discharging the requirement under the Localism Act for an Independent Person (s) and delegate authority to the Monitoring Officer to carry out the recruitment and selection process in readiness for interviewing and selection of Independent Persons by the Appointments Committee and final approval by Full Council of the appointments at their meeting in July 2012.

(f)         that Members approve the payment of £1000 per annum to each Independent Person recognising that this payment can be met from existing Member Allowance budgets. 

(g)       that Members consider and approve the proposals for managing dispensations and delegate options 1 to 5 on pages 12 and 13 of this report to the Standards Committee. Further that Members note that in relation to option 4 which concerns Cabinet decisions, that the Leader would have an ability to make a decision based on his authority as a Strong Leader and that the delegation to Standards Committee will therefore only be required when the Leader himself is unable to act.

(h)        that Members delegate authority to the Monitoring Officer to make any additional consequential amendments to the Constitution that are required in order to implement the new arrangements set out in this report.

(i)         that Members agree that a Special Responsibility Allowance of £1218 be payable to the Chairman of the new Standards Committee.

(j)         that Members agree to continue the practice of registering gifts and hospitality on a publically available register recognising that they continue to have a duty to act with openness and honesty and integrity, and in order to comply with the requirements of the Council’s Anti-Bribery Policy

Councillor J. Ruck requested that Officers provide Members with new forms upon which they might declare their disclosable interests.