Standards Committee Minutes

Attention was drawn to the Ten General Principles of Public Life set out in Appendix 2 to the report. Although these did not appear in the Code, the Standards Board had recommended that these be adopted as a preamble to the Code.

Paragraph 4 of the report set out the changes to when the Code applied. The new Code of Conduct would apply to Members acting in their official capacity and would not concern their private lives unless conduct had led to a criminal conviction. However, Members were informed that the recent Livingstone case meant that only conduct carried out in an official capacity could be a breach of the Code until legislation was introduced to overturn this.

Other changes to the Code included a new requirement not to bully anyone and not to intimidate a complainant, a witness or anyone administering any investigation or proceedings in relation to an allegation in breach of the Code.

There was a change to the requirement not to disclose information. The new Code would enable Members to disclose confidential information if it was reasonable, in the public interest, made in good faith and in compliance with the reasonable requirements of the authority.

The Committee were informed of significant changes to the nature of interests and the impact of having interests. The reference had changed from ‘friend’ to any person with whom you have a close association with’. The Government had decided not to introduce public interests, as originally suggested in the consultation, and interests would now refer to the inhabitants of a Members ward instead of the local authority’s area as a whole.

Members were informed that a Member could only have a prejudicial interest under the new Code if it either affects the Members financial position or the financial position of any person or body through whom the Member has a personal interest, and if the matter relates to an approval, consent, licence, permission or registration that affects the Member or any person or body with which the Member has a personal interest.

The new Code stated that if a member has a prejudicial interest in a matter being discussed at a meeting they must declare it and explain the nature of the interest and should then leave the room unless members of the public are allowed to make representations, give evidence or answer questions. The member would be permitted to remain in the meeting for that purpose but must immediately leave the room after addressing the meeting.

Members were informed that the revised Code clarified that gifts and hospitality only needed to be declared if received in connection with official duties as a Member. Gifts and hospitality would now become registerable interests although the requirement to declare the interest would expire when the interest was registered more than three years before the date of the meeting.

Training for Isle of Wight Council Members would take place in June 2007. Two days would be set aside for training to maximise attendance and all Directors and Heads of Service would be invited to attend. The Isle of Wight Council would formally adopt the Code in July.

Three training sessions would be organised in July for Town and Parish Council Members and clerks and Members of Town and Village Management Committees. It was intended that the Code could be adopted by Town and Parish Councils in September 2007.

Training sessions for the Town and Parish Councils would be held on 4 July in Freshwater, 12 July in Sandown, and 17 July in Newport. Training was likely to commence at 7.00 pm although this would be confirmed in a letter to all Members. The intention was to complete the training on the new Code prior to adoption.

The Chair encouraged Members of the Committee to attend the training sessions and encourage others to attend. The Chair agreed to write to Town and Parish Council Members encouraging them to attend, and welcomed any feedback from the training sessions.

The Committee agreed the recommendations as set out in the report and it was

RESOLVED :

(i) THAT the Isle of Wight Council be recommended to adopt the new model Code of Conduct with the Ten General Principles of Public Life

(ii) THAT the Town and Parish Councils and Town and Village Management Committees be recommended to adopt the new model Code of Conduct, including paragraph 12 (2) with the Ten General Principles of Public Life

(iii) THAT training be provided before the Councils (and Town and Village Management Committees) are expected to adopt the code and that it be made clear that the Standards Committee expects all elected members to attend these sessions

(iv) THAT all Parish and Town (and Town and Village Management Committee) Clerks be expected to attend a training session

(v) Parish and Town Councils be offered the option of joining the combined notice of adoption of the Code of Conduct

(b) Process for the Appointment to the Independent Member Vacancies

The Committee were reminded that there were currently two independent member vacancies on the Committee. The Chair encouraged Members to actively encourage potential candidates to apply. An advertisement would be sent to all parish clerks and the media and, if time permitted, be published in One Island magazine.

The Committee agreed that the vacancies would be advertised following the same process as before.

The Committee discussed the need to raise the profile of the Standards Committee. It was felt that there was a public misconception of the role of the Standards Committee. Members agreed to consider how to raise their profile before the next meeting. The Chair requested that all ideas be sent to the Monitoring Officer prior to the next meeting in July where ideas could be discussed further.

The Committee would look at raising the profile of quality councils on the Island, of which there were currently approximately 20% on the Island, against the national average of 4%.

The Chair announced that he did not intend to attend every Full Council meeting and would only attend if the Committee had something to raise and to present the Committees annual report.

RESOLVED :

(i) THAT the recruitment process be commenced forthwith in accordance with the process set out in the report

(ii) THAT Members actively encourage potential candidates for the independent vacancies to apply

(iii) THAT Members forward their ideas on how to raise the Committees profile to the Monitoring Officer before the next meeting in July.

The Director informed Members that the Council had now received the final report from the IDeA on the Ethical Audit but, as it did not reflect the messages from the previous presentation from the IDeA, it had not been included with the agenda. The IDeA had agreed to send a representative back to the Island on 11 and 12 June 2007 to conduct further interviews to consider the challenges the Council had made to the report. It was hoped that the report would be available at the next meeting in July.

RESOLVED :

THAT the update be noted and the item be put on the agenda for the next meeting in July.

(d) Annual Standards Committee Conference on 15 and 16 October 2007 and Standards Board Roadshow, Winchester 21 June – Oral Update

The Committee were informed that two places had been secured for the Annual Conference on 15 and 16 October 2007. The Chairman and an officer would attend.

The Standards Board Roadshow was due to take place on 21 June 2007. The Chair would attend with Officers and feed back information to the Committee after the event. It was noted that the Town and Parish Council representatives would also be in attendance at the Roadshow.

The Chair announced that he would go and visit Councils with effective Standards Committees recommended by the Standards Board.

RESOLVED :

THAT feedback on the Standards Board Roadshow be provided at the next meeting.

5. UPDATE FROM THE MONITORING OFFICER

The Monitoring Officer indicated that there was one matter currently before the Standards Board for England for investigation and that this had been deferred as the Member had been away from the Island. Members were informed that the investigation had resumed in April and the Standards Board expected to have an outcome within the next 6 weeks.

RESOLVED:

THAT the update be noted.

6. WORKPLAN

The Chair requested that an oral report for the Chairman be added to future agendas.

Feedback on training sessions and attendance would be added to the agenda for July. Members of the Parish and Community Development team and the Cabinet Member for Customers and Parish Empowerment would be invited to attend the meeting in July.

It was requested that a report on the outcomes from the staff survey including bullying be put on a future agenda to provide the Committee with progress on what is happening and who is investigating the issues around bullying. It was agreed that this would be brought back to a future meeting and linked to the new Code.

An action plan from the Ethical Audit would be put on the agenda for July or September and would create a work programme for the Committee. Members were informed that the Member Officer protocol was being rewritten.

RESOLVED :

(i) THAT a Chairman’s oral report be added to future agendas

(ii) THAT feedback on training sessions be added to the agenda for July and the Cabinet Member be invited to attend

(iii) THAT a report on the outcomes of the staff survey including bullying be put on a future agenda

(iv) THAT the Ethical Audit Action Plan be put on the Committees workplan for July.

CHAIRMAN