PAPER B

 

ISLE OF WIGHT COUNCIL

 

ANNUAL REPORT OF THE STANDARDS COMMITTEE

 

FEBRUARY 2002 TO FEBRUARY 2003

 

 

 

Bruce Claxton

Chairman of the Standards Committee

 

Introduction

 

 

This period has been one of change. Our role has developed from mainly hearing complaints to that of training, monitoring and review. This has been achieved during a period of unfolding regulation, much of which is still promised and causes a little uncertainty.

 

The Committee has changed from being solely comprised of independent members to a mix of elected members, independent members and representatives from the Parish and Town Councils. In respect of the independent members, it was with great sadness that we learnt of the demise of Wally Linnington one of the founder members of the Committee. Regrettably our former chairman His Honour Judge John Wroath resigned. Roger Phillips moved back to the mainland and resigned. Two replacements have been appointed, namely Jackie Scott and Ian Ward. We currently have one vacancy for an independent member. Representing the Parish and Town Councils, we have Denis Russell and Ron Mew as his alternate/deputy. From the elected members of the Isle of Wight Council who have served at least one previous term and are not members of the Executive we have Terry Butchers and Tony Coburn. Mike Cunningham, Heather Humby and Vic Morey are their alternatives/deputies.

 

One of the most pleasing aspects in the change of role flowing from the Local Government Act 2000 (hereinafter referred to as the “Act”) is that we are able to take an active involvement through training, monitoring and review to potentially influence councillors to conduct their activities within the requirements of the codes of conduct. Getting things right initially is far healthier than to have to correct what has gone wrong.

 

To the best of our knowledge there have been no complaints or allegations to the Standards Board. Certainly none have been referred back to us.

 

There has been useful work regarding setting parameters for the evaluation of Councillors’ attendance records, including what represents attendance and the fulfilment of all other duties incumbent on elected members. The change from Attendance allowances to Basic and Special Responsibility Allowances gave rise to the complaint that there was the potential for abuse. In addition to the recommendations for evaluating attendance records, we have also made recommendations regarding job profiles.

 

The next significant task is to determine how we carry out our statutory duty to perform an ethical audit. This we intend to do with sensitivity. The council and councillors already experience various reviews, audits and scrutiny of one type or another arising under other procedures and protocols. We do not intend to unnecessarily duplicate and burden those involved but rather carry out our duty in a manner which will bring benefit and add value to the processes of local government.

Main Highlights

 

  1. Introduction of the Model Codes of Conduct

 

    1. Following the introduction of the Act the Standards Committee had a duty to assist the Isle of Wight Council (and the Parish and Town Councils) in the adoption of the new model Codes of Conduct.

 

    1. Although a Local Government Code of Conduct (that had applied to both the Isle of Wight Council and the Parish and Town Councils) had been in existence for some time the new Model Code of Conduct included a number of detailed changes. Most notable was the introduction of “Personal” and “Prejudicial” interest replacing the old “Pecuniary” interest. Additionally for the first time Members of Parish and Town Councils were required to complete Registers of Financial and Other Interests.

 

    1. Appreciating these changes the Standards Committee commissioned the following training initiatives:

 

                                                              i.      A day long training session held for all Members of the Isle of Wight Council;

 

                                                            ii.      Four training sessions (in conjunction with the Isle of Wight Association of Parish and Town Councils) held across the island for all Parish and Town Councillors and Clerks;

 

                                                          iii.      An implementation pack prepared by the Monitoring Officer and issued to the Clerks of all Parish and Town Councils; and

 

                                                           iv.       A training session for all co-opted members of the Isle of Wight Council (4 in total).

 

    1. An analysis of the attendance records for the events showed that 78% of the Isle of Wight Councillors attended one or other of the various training sessions; 68% of the Parish and Town Councillors attended one or other of the various training sessions; all but three Parish and Town Council Clerks attended a training session (all of these three had already given notice of their intention to resign as Clerk (for differing reasons) before the training sessions had been arranged).

 

    1. The Isle of Wight Council and all the Parish and Town Councils on the Island met the deadlines for adopting the new Codes of Conduct and having all their members “sign up” to the code and complete new Registers of Financial and other Interests within the statutory timescale.

 

    1. The day long session for the Isle of Wight Councillors was delivered by an external trainer from INLOGOV, whilst the other training sessions were delivered by either Mike Fisher or Chris Mathews – whilst John Whitney (Clerk to Rookley and Chale Parish Councils) and Roger Craven (Secretary to the Isle of Wight Association of Parish and Town Councils) assisted with the administration of the Parish and Town Council training events.

 

    1. To ensure that all new Councillors and Clerks are aware of the obligations additional training sessions concerning the Model Codes of Conduct will be arranged as and when necessary.

 

  1. Changes to the membership of the Committee

 

    1. During the year there have been a number of changes to the membership of the Committee.

 

    1. I have already mentioned in my introduction the resignation of the previous Chairman Judge John Wroath and the debt of gratitude that this Committee owes to him for his expertise and steering us through a difficult, new, and changing environment.

 

    1. Early in 2002 Wally Linnington (another founder member of the Committee) sadly died and his place as an Independent Member was taken by Jackie Scott.

 

    1. During the summer Roger Phillips resigned following his move back to the mainland – his place was taken by Ian Ward.

 

    1. This leaves one vacancy for an Independent Member that the Isle of Wight Council is currently seeking to fill.

 

    1. We have also welcomed onto the Committee Denis Russell as a representative of the Parish and Town Councils and his Deputy Ron Mew.

 

    1. The Isle of Wight Council members of the Committee are Terry Butchers and Tony Coburn with Mike Cunningham, Heather Humby and Vic Morey as their deputies.

 

  1. Dispensations under Section 81(4) of the Act

 

    1. Under the Act the Standards Committee now has the ability to grant dispensations to Members to speak on an item when they are otherwise prohibited under the terms of the Model Code of Conduct (because of a prejudicial interest).  This replaces the earlier method of the Secretary of State granting such dispensations.

 

    1. However the legislation is very prescriptive in that there are now only two narrow reasons why a dispensation may be granted and these are:

 

                                                              i.      If more that half the members of the Council are caught by the interest; or

 

                                                            ii.      If the Council would not be able to comply with the political proportionality requirements (ie most of one political group being caught by the interest).

 

    1. The Committee acknowledged that the need to consider such dispensations (particularly if from a Parish or Town Council member) will arise with very little notice and must be dealt with speedily to ensure that it does not unduly interrupt the consideration of a Councils business.  Thus a “streamlined” procedure has been put in place with the aim of the Committee determining any applications for a dispensation within five working days of receiving a request.

 

    1. Only one such request has been received, although this was subsequently withdrawn, the experience of dealing with this matter prompted the Committee to amend its procedures to require that any such request must be received in writing at least 3 days before the meeting at which it is going to be considered.

 

  1. Local Investigation and Determination of misconduct allegations.

 

    1. One of the major changes that the Act had on the workings of the Committee was that any complaint against a member now had to be referred to (and dealt with) by the Standards Board for England. Prior to the Act of course the Isle of Wight Council Standards Committee dealt locally with a number of complaints.

 

    1. However the Office of the Deputy Prime Minister has been working on “Section 66 Regulations” which will allow for the local determination (by the Standards Committee) of allegations of misconduct.  It is likely that this will mean that all but the more serious allegations will be dealt with locally. At the time of writing the regulations were expected “soon”.

 

  1. Reference from the Full Council re members attendance records

 

    1. A major piece of work the Committee is undertaking and is nearing completion concerns the issue of Members attendance records and a definition of their roles.  The final recommendations of the Committee will form part of a separate recommendation to the Council which will suggest the adoption of Councillors “Job Profiles” and a system for recording and publishing on a six monthly basis records of members activities on official business.

 

    1. To undertake this work the Committee established a Sub Committee of the Chairman, Mrs Harding and Mrs Butchers.

 

  1. Ethical Audit for the Isle of Wight Council

 

    1. The Committee has begun to look at carrying out an Ethical Audit of the Isle of Wight Council so as to continue the drive of improving the standards of ethics and probity within the Council.  The Committee is aware of a number of external reports (the CPA and the DA) that are complimentary of the Council in this area. The Committee has no wish to re-invent the wheel causing unnecessary additional work. Therefore it is currently investigating how it might undertake this task whilst adding value through the process.

 

  1. Future Work Programme

 

    1. The Committee has established a work programme for the remainder of the year and this is set out below:

 

Meeting

Agenda Item

Tuesday 17 June 2003 at 9.30 am

·        Co-option of new Member

·        Role of Monitoring Officer in handling a complaint

·        Roles of Members and training needs (possibly subject to delay pending ethical audit report)

·        Methodology for review of ethics and probity in Parish/Town Council context

Tuesday 21 October 2003 at 9.30 am

·        Co-option of new Members

·        Report on review of ethics and probity in Parish/Town Council context.

·        Work programme for calendar year 2004.

Standing items

·        Report on Standards Board activity including guidance; statistics; analysis; case reports.

·        The Committee’s Work Programme

Other meetings as necessary

·        Allegations referred by the Standards Board for England and Wales for local determination.

·        Requests for dispensations.

·        Urgent ethical and probity issues as they arise.