Miss C Gaynor and A Winship.
404. Apologies for Absence
Apologies for absence were received from Councillors Maud andCottam and Mr C Langley.
405. Minutes
The minutes of a last meeting of the Standards Committee heldon
22 November 2007 were presented.
Resolved
That the minutes of a meeting of theStandards Committee held on 22 November 2007 be approved and signedby the Chairman as a correct record.
406. Urgent Business
The Chairman reported that there were no items of business tobe dealt with as a matter of urgency by virtue of Section100B(4)(b) of the Local Government Act 1972 as applied byregulation 7 of the Relevant Local Authorities (StandardsCommittee) Regulations 2001 as amended.
407. Declarations of Interest
No declarations of interest were received.
408. Response to Consultation on Orders andRegulations Relating to the Conduct of Local Authority Members inEngland
The Council Solicitor submitted a report (previouslycirculated) the purpose of which was for Members to consider theDepartment for Communities and Local Government (DCLG) ConsultationPaper ‘Orders and Regulations Relating to the Conduct of LocalAuthority Members in England’ and to agree the formalresponse.
The DCLG had issued a Consultation Paper entitled‘Consultation on Orders and Regulations Relating to the Conduct ofLocal Authority Members in England’ on the detailed arrangementsfor putting into effect the orders and regulations to provide arevised more locally-based ethical regime. The consultation papercovered arrangements for:
- The operation of Standards Committees’ powers to make initialassessments of misconduct allegations
- The operation of other functions by Standards Committees andthe Adjudication Panel in issuing penalties and sanctions
- The operation of Standards Board’s revised strategic role toprovide supervision, support and guidance for the regime
- Other matters, such as the rules on the granting ofdispensations, the granting of exemptions of posts from politicalrestrictions and the pay of local authority politicalassistants
The Local Government and Public Involvement in Health Act 2007introduced the framework for significant changes to the process ofhandling standards allegations against members of localauthorities. These changes included the devolution of the handlingof such allegations from the Standards Committees. The departmentfor Communities and Local Government was consulting on a number ofissues relating to the implementation of these changes and soughtviews on specific proposals as set out below by 15th February2008:
- Standards committee Members and Initial Assessment
- Members of more than one authority – parallel complaintprocedures
- Guidance on timescales for making initial assessmentdecisions
- Requirement for a Standards Committee to provide a writtensummary of an allegation to the subject of the allegation
- Reference to Monitoring Officers – procedure for referringallegations back to a Standards Committee
- Proposal to increase the maximum sanction available toStandards Committees
- Composition of a Standards Committee and Sub-Committees ofStandards Committees
- Public access to information on decisions on initialassessments of allegations and reviews
- Criteria for the Standards Board to consider when making adecision whether or not to exercise its reserve powers to interveneand suspend a Standards Committees powers to make initialassessment
- Recovery of charges from Standards Committees which have hadtheir initial assessment functions suspended
- Joint working arrangements with other authorities
- Proposals to extend the range of the sanctions available tocase tribunal of the Adjudication Panel
- Proposals to give ethical standards officers employed by theStandards Board power to withdraw a case from the AdjudicationPanel
- Issuing dispensations to allow Councillors to participate inmeeting so as to preserve political balance
- The granting and supervision of exemptions of certain localauthority post from political restrictions
- Effective date for the implementation of the reformed conductregime
Members had congratulated the Council Solicitor on thesubstantial amount of hard work which had gone into the preparationof the report.
Resolved
That the Council Solicitor (MonitoringOfficer) be authorised to respond to the Consultation Paper as setout in the report.
409. Checklist for Implementation of Locally ManagedEthical Framework
The Council Solicitor submitted a report (previouslycirculated) regarding the consideration for a checklist for theImplementation of Locally Managed Ethical Framework.
The Council Solicitor reported that the Standards BoardBulletin 36 published on 10 December 2007 included a Checklist forImplementation of Locally Managed Ethical Framework. The checklisthad been incorporated into a table in the Annex to the report.Given the challenging timescale to implement the new LocallyManaged Ethical Framework, it was consdered important for theStandards Committee to consider the checklist.
With reference to issue 3 of the checklist (Training), theCouncil Solicitor circulated an email received from Mr Langleyregarding arrangements for training of Effective Practice. It wasagreed that the Council Solicitor liaise with Mr Langley and reportback to Committee once an appropriate date had been agreed.
Resolved
That the report and checklist for theImplementation of Locally Managed Ethical Framework be noted and bereferred to a future meeting.
410. Standards Board for England Bulletin36
The Council Solicitor submited a report (previouslycirculated) the purpose of which was to inform Members of theCommittee of the latest Standards Board Bulletin 36.
A copy of the Bulletin published on the 10 December 2007 wasappended to the report.
The Council Solicitor reported that the following items wereworthy of note:
- The results of the local assessment pilot, which collected datafrom a broad range of authorities in the run up to April 2008
- A checklist for local authorities in the run up to April2008
- Details of the new role for Standards Committeees as the roleof independent adjudicator was abolished
- Key findings from the latest Audit Commission self-assessmentsurvey
Resolved
That the report be noted.
411. R (on the application of Ware) (Claimants) vNeath Port Talbot County Borough Council (Defendant) and NationalGrid (Interested Party) (2007)
The Council Solicitor submitted a report (previouslycirculated) to advise Members of a recent decision of the Court ofAppeals in R (on the application of Ware) (Claimants) v Neath PortTalbot County Borough Council (Defendant) and National Grid(Interested Party) (2007) relating to the judicial review of aplanning decision.
The facts of the case concerned advice, given by a MonitoringOfficer, on the issue of the participation of four Councillors in aPlanning Committee decision. The Planning Committee wereconsidering applications for a planning and hazardous substancesconsent in relation to the construction og a high pressure gas pipeand local gas supply system.
The High Court considered that the advice given by aMonitoring Officer to a Local Authority Councillor was erroneous,the Councillor had acted upon this advice and had therefore notparticipated in the planning decision. The Court concluded that anydecision reached through the absence of that Councillor was liableto be quashed on the grounds that it had been reached by havingregard to an immaterial consideration.
The report outlined the case in further detail, and Memberswere advised that Neath Port Talbot County Borough Council had beengiven leave to appeal to the Court of Appeal and that appeal washeard on 27th November 2007. The judgement was delivered on 18December 2007 that the Court of Appeal reversed the decision of theAdministrative Court, holding that the advice given by the Officerhad not been wrong, the Members had been left to exercise their owndiscretion and that there had been no proceduralirregularity.
Resolved
That the report be received.
412. Audit Commission: Assessment of Compliance withCode of Conduct
Council Solicitor submitted a report (previously circulated)to the purpose of which was to consider the Audit Commission’sRequirements for Assessment of Compliance with the Code ofConduct.
Members were advised that as part of the Audit Commission’sUse of Resources Assessment, the Council was required to undertakean assessment of standards of conduct including how effectivelyMembers were complying with the code of conduct, the numbers andtypes of complaints received and review any actions required asappropriate.
A list of non referral letters relating to allegations ofmisconduct by Members that the Monitoring Officer had received fromthe Standards Board of England for the period 23 March 2007 – 24January 2008 was included. No referral letters had been receivedfor that period of time. No written complaints had been madeagainst Members of Ryedale District Council in that time period.Given that there had been no decisions to investigate, there wereno recommendations for specific training or change in proceduresresulting from those non referral letters.
Members were advised that to date their had been no complaintsof alleged misconduct by members of Ryedale District Councilreferred to the Standards Committee by the Standards Board ofEngland and there was no evidence that members of the Council werenot complying with the requirements of the Code of Conduct.
Members and Officers had undertaken an Ethical Standards SelfAssessment Survey and when the Audit Commission had published theirAnnual Audit and Inspection letter for 2004/2005 in March 2006,that letter had included the following observations:
“49 Awareness and understanding weregenerally at high level for both officers and Members in all areas.Members all agreed the appropriate training had been given onconduct issues but half were unsure of the value of the StandardsCommittee.
50 Respondents were clear about officerleadership and also reported open and constructive member officercommunications. The Majority of respondents thought decision-makingby members were transparent.”
Resolved
That the report be noted and the AuditCommission be informed of the assessment of the Standards Committeefor Ryedale District that the Code of Conduct was being compliedwith by Members of Ryedale District Council.