Standards Committee Minutes 11 June 2002

MINUTES OF A MEETING OF THE STANDARDS COMMITTEE HELD AT COUNTY HALL, NEWPORT, ISLE OF WIGHT ON TUESDAY 11 JUNE 2002 COMMENCING AT 2.30 PM

Present :

Mrs T M Butchers, Mr B Claxton, Mr M J Cunningham, Prof. D Farnham, Mr D Hansford, Mrs J Harding, Mr R Phillips, Mr D Russell, His Honour John Wroath

Also present: Mr J Howe, Mr R G Mazillius

1. ELECTION OF CHAIRMAN

RESOLVED :

THAT His Honour John Wroath be elected Chairman of the Committee.

2. MINUTES

RESOLVED :

THAT the Minutes of the meeting held on 14 December 2001 be confirmed and signed by the Chairman.

3. MR WALLY LINNINGTON BEM

Before proceeding with the rest of the meeting the Committee paid tribute to the late Mr Wally Linnington who had been a founder member of the Committee and whose common sense and overall input to the Committee’s proceeding would be missed following his death earlier in the year.

4. ADOPTION OF THE CODES OF CONDUCT

The Committee considered the report of the Monitoring Officer on the level of attendance of Members at the various training events and the implementation of the Codes of Conduct. It was noted that some 78% of Isle of Wight Councillors, and 68% of all Parish and Town Councillors, had attended one or other training event. Given this level of attendance it was felt that the training had been a success and that further sessions should only be arranged where a specific request was received.

RESOLVED :

THAT the report be noted and that further training sessions be arranged when specific requests are received.

5. PARISH AND TOWN COUNCIL REPRESENTATIVE

The Committee considered a request from the Association of Parish and Town Councils that Mr R Mew be Mr D Russell’s deputy on the Committee. It was felt that this was an excellent idea.

RESOLVED :

THAT Mr R Mew be appointed as a deputy for Mr D Russell on this Committee.

6. DISPENSATIONS UNDER SECTION 81(4) OF THE LOCAL GOVERNMENT ACT 2000

The Committee received a report from the Monitoring Officer on the Committee’s new power to grant dispensations to allow members to participate in an item of business that they would normally be precluded from participating in as they have a personal and prejudicial interest. It was noted that this power could only be granted in the following circumstances:

1. If more that half the members of the Council were caught by the interest; or

2. If the Council would not be able to comply with the political proportionality requirements unless a dispensation was granted.

The Committee were also informed that this power could not be delegated and had to be exercised by the Committee itself. Therefore, given that in some circumstances the Committee would need to be able to respond quickly to such requests, the Committee considered changes to its terms of reference to streamline the procedures. It was agreed that the Council should be asked to amend the Committee’s terms of reference so that the quorum when considering requests for dispensations be two independent members and one member from either the Isle of Wight Council (where the request came from an Isle of Wight Councillor) or the Association of Parish and Town Councils (where the request came from a Parish or Town Councillor).

RESOLVED :

THAT the power to grant dispensations (and the restrictions thereon) be noted and that all Councillors on the Isle of Wight be informed of the process.

RESOLVED TO RECOMMEND TO FULL COUNCIL :

THAT the Membership and Terms of Reference of the Standards Committee be amended so that the quorum when considering requests for dispensations be two independent members and one member from either the Isle of Wight Council (where the request came from an Isle of Wight Councillor) or the Association of Parish and Town Councils (where the request came from a Parish or Town Councillor).

7. LOCAL INVESTIGATIONS AND DETERMINATION OF MISCONDUCT ALLEGATIONS

The Committee viewed a video produced by the Standards Board on the Codes of Conduct.

The Committee then considered a report by the Monitoring Officer on a consultation paper that detailed the Government’s proposals for how the Standards Committee might be involved in the determination of misconduct allegations, including the ability of the Standards Committee to impose sanctions.

The consultation paper and its proposals were considered in some detail and it was

RESOLVED :

THAT the Monitoring Officer and Chairman approve the detail of the Committee’s response to the questions posed at the end of the Consultation Paper on the basis of the responses below:

Question Number:	Response:
1.	Yes
2. to 5.	There needed to be some definition of when an allegation became a complaint to enable all those involved to make the correct decisions at the right time. Additionally it is felt that the model of the Magistrates Courts should be followed in that all complaints should be considered locally and that the local Standards Committee should decide if a complaint should be referred to the Standards Board, rather than the other way round as suggested in the paper.
6.	Yes
7.	Yes – subject to experience as the rules are implemented.
8.	Yes
9.	It was felt that there should be some ability for costs to be awarded in certain cases and that these should be met centrally.

8. REFERENCES FROM COUNCIL

The Committee considered a request from the Council to look at and advise on the issue of Members Attendance records. It was suggested that a Sub Committee of three under the Chairmanship of Mr B Claxton be established to look into the detail of this matter.

RESOLVED :

THAT a Sub Committee of Mr Claxton (Chairman), Mrs Harding and Mrs Butchers be established to consider the request from the Council and to report back its recommendations to this Committee by the end of October 2002.

CHAIRMAN