PAPER B

Purpose : for Decision

Committee : STANDARDS COMMITTEE

Date : 26 NOVEMBER 2002

Title : STANDARDS BOARD FOR ENGLAND AND WALES - NATIONAL ISSUES AND LOCAL PROCEDURES

REPORT OF THE MONITORING OFFICER

PURPOSE

1. This report updates Members of the Committee on the establishment and operation of the Standards Board for England and Wales and makes recommendations in relation to the powers of the Standards Committee to determine complaints against Councillors referred back to the Local Authority by the national Board.

BACKGROUND

2. Members will be familiar with the provision of The Local Government Act 2000 which established a national ethical framework, including the requirement for a code of conduct and the formation of the Standards Board for England and Wales. Under Section 66 of the 2000 Act the Secretary of State is required to establish a mechanism for referring back for local determination allegations against Members which are best suited to resolution within the Local Authority.

3. The Standards Board for England and Wales is now established. Further information can be found at www.standardsboard.co.uk. Regulations under Section 66 are now overdue. A draft set of Regulations has been circulated by the Secretary of State and information given within the last few weeks by the Office of the Deputy Prime Minister suggests that substantial revisions are to be made to the consultation draft. The Regulations are not now expected to be in force until the New Year.

4. The non-availability of the Regulations creates a difficulty in that it is quite possible in their absence for the Board to refer allegations back to this Authority. It is therefore proposed that the procedure contained at Appendix 1 is adopted in order that all parties to any complaint referred back for local determination will have a set procedure, notwithstanding the lack of Section 66 Regulations. Any amendments necessary to ensure consistency with the Regulations can be made when the Regulations are laid and come into force.

5. One difficult issue which has delayed the Regulations is establishing a clear and viable approach to the duties of the Monitoring Officer. Currently the ethical framework proposes that the Monitoring Officer should:

(i) Give general and standing advice and guidance to the Council and its members.

(ii) Give bespoke advice and guidance to individual members on particular issues.

(iii) Be the gatekeeper and clearing house for allegations referred to the Standards Board.

(iv) Receive referrals back from the Standards Board and investigate them.

(v) Be the principal adviser to the Standards Committee in determining complaints and in discharging its other duties.

6. This structure creates the inevitability of conflicts of interest. The Regulations will attempt to minimise the prospect of such conflict but difficult choices will still need to be made about where the priority of the Monitoring Officer lies. It is, therefore, proposed that a future meeting of the Standards Committee receive a report considering how it wishes to see these difficult issues resolved in the Isle of Wight Council.

7. The Standards Board has signalled its intention to publish data and analysis of allegations received on its website. Formal publication has yet to commence but Members may wish to note that the Board has made public, at conferences and training events, the following figures:

About 2000 allegations received, of which;

· 50% relate to Parish Councillors

· 50% relate to allegations of disrespect and disrepute (Usually inappropriate language)

· 47% from fellow Councillors

· 36% from members of the public

· 12% from Monitoring Officers

8. Members may wish to note a change in the jargon which is being advertised by the Standards Board. They now prefer to speak about allegations rather than complaints on the basis that complaint implies that the person raising the issue is personally aggrieved or has suffered some detriment rather than simply acting in the public interest. They now prefer to speak of allegations as this is seen to be more neutral in tone.

OPTIONS

(i) Adopt a local procedure pending any changes necessary to give effect to the Section 66 Regulations when enacted.

(ii) Note the information and analysis relating to allegations received by the Standards Board for England and Wales.

(iii) Receive a report at a future meeting on the role of the Monitoring Officer in the light of the Section 66 Regulations.

EVALUATION AND RISK MANAGEMENT

9. There is some small risk that the local procedure, if adopted, will be short-lived in the event that it proves to be inconsistent with the Section 66 Regulations. It has, however, been drafted to be consistent with the consultation draft Regulations and with predicted changes in the light of the consultation. On balance, the risk created by not adopting a local code (that an allegation will be referred by the Standards Board for local determination in the absence of a local procedure) is greater than the risk associated by adopting the procedure.

10. There are no identifiable risks associated with the other recommendations.

FINANCIAL IMPLICATIONS

11. The recommendations create no additional cost beyond existing budget.

LEGAL IMPLICATIONS

12. The legal issues are fully discussed in the body of the report.

RECOMMENDATIONS

13. It is recommended that options (i), (ii) and (iii) are approved.

BACKGROUND PAPERS

Draft Section 66 Regulations

www.standardsboard.co.uk

Contact Point : John Lawson, F 823207 or Chris Mathews, F 823280

J LAWSON

Monitoring Officer

Appendix 1

1 Notification of Reference of Complaint to the Monitoring Officer

(a) Notification to the Councillor

On receipt of the complaint from the Ethical Standards of finer, the Monitoring Officer will notify in writing the Councillor against whom the complaint is made:

(i) that he/she has received the complaint;

(ii) of the name and address of the person making the complaint;

(iii) of the conduct which is the subject of the complaint;

(iv) of the section(s) of the Code of Conduct which are alleged to have been breached by the Councillor, and

(v) of the procedure which will be followed in respect of the complaint.

(b) Notification to the Standards Committee

At the same time as notifying the Councillor, the Monitoring Officer will notify each member of the Standards Committee in writing of the matters set out in paragraphs 1(a)(i) - (iv) above.

(c) Notification to the Parish or Town Council Clerk

Where the complaint relates to the conduct of a member of a Parish or Town Council in his her capacity as such, at the same time as notifying the Councillor, the Monitoring Officer will notify the Clerk of the Parish or Town Council concerned in writing of the matters set out in paragraphs 1(a)(i) - (iv) above.

(d) Initial response of the Councillor

In notifying the Councillor of receipt of the complaint, the Monitoring Officer shall request the Councillor to respond to him/her in writing within 14 days of notification as follows:

(i) advising the Monitoring Officer whether the Councillor admits or denies the breach of the Code of Conduct which is the subject of the complaint;

(ii) listing any documents which the Councillor would wish the monitoring Officer to take into account in any investigation of the complaint, where possible providing copies of these documents, and informing the Monitoring Officer of where the original documents may be inspected, and

(iii) providing the Monitoring Officer with the name, address and telephone number (or other appropriate contact details) of an person or organisation whom the Councillor would wish the Monitoring Officer to interview in the course of any investigation of the complaint, and any information which the Councillor would wish the Monitoring Officer to seek from that person or organisation.

2 Conduct of Investigation

(a) Purpose of the Investigation

The purpose of the Monitoring Officer's investigation is to enable him/her to prepare and present to the Standards Committee a report which, together with any report provided by the Ethical Standards Officer, would provide the Standards Committee with sufficient information to determine whether the Councillor has acted in breach of the Code of Conduct, whether any action should be taken against the Councillor, and what any such action should be.

(b) Termination of the Investigation

The Monitoring officer may terminate his/her investigation at any point, where he/she is satisfied that he/she has sufficient information to enable him/her to report to the Standards Committee and to enable them to come to a considered decision on the complaint.

Where, in the course of his/her investigation, the Monitoring Officer becomes aware of any other matter which appears to him/her to indicate a breach of the Code of Conduct by the Councillor other than the breach which he/she is currently investigating, the Monitoring Officer shall either:

(i) notify the Councillor concerned in writing of the other matter, providing details in the form set out in paragraphs 1(a)(iii) and (iv) above and seek the consent of the Councillor in writing within 14 days of notification to the other matter being investigated and dealt with by the Monitoring Officer and the Standards Committee as if it were part of the original complaint, or

(ii) where the Councillor has refused consent as set out in paragraph 2(b)(i) above or failed to provide such consent within 14 days of being so notified, or where the Monitoring Officer is of the opinion that the other matter is should be dealt with separately from the original complaint, treat that other matter as a separate matter, for separate investigation and report to the Standards Committee or the Standards Board as appropriate.

(d) Following notification to the Councillor, the Monitoring Officer will identify an initial list of persons to be interviewed, organisations from whom information is to be sought and documents to be inspected as part of the investigation. Where the Councillor has provided the Monitoring Officer with the information requested in accordance with Paragraphs 1(d)(ii) and (iii) above, the Monitoring Officer shall include in this list each document, person and organisation referred to in that response, unless he/she is of the opinion that the inclusion of that document, person or organization is intended to delay the completion of the investigation rather than to contribute to the accuracy of the Monitoring Officer's final report. The Monitoring Officer may supplement or amend this list at any stage of the investigation.

(e) Production of documents, information and explanations

In the course of the investigation, the Monitoring Officer may make such enquiries of any person, and request any person to provide any document, information or explanation, as he/she thinks necessary for the purposes of carrying out the investigation.

(f) Interviews

(i) Requesting attendance

In the course of the investigation the Monitoring Officer may request any person to attend and appear before him for the purpose of Paragraph 2(e), as he/she thinks necessary for the purposes of carrying out the investigation.

(ii) Representation

Any person who appears before the Monitoring Officer may arrange to be accompanied at their own expense by a solicitor or friend.

(iii) Notes of interviews

Where practicable, following the interview the Monitoring Officer shall produce a written note or the material points of the interview, provide two copies of that note to the person interviewed and ask them to return one copy signed as a correct record of the interview, with such corrections or amendments as they may feel necessary for that purpose.

3 Report

(a) When the Monitoring Officer is satisfied that he/she has sufficient information to meet the requirement set out in Paragraph 2(a), or has obtained as much information as is likely to be reasonably capable of being obtained, he/she shall prepare a report for the Standards Committee setting out:

(i) the details of the complaint;

(ii) the Councillor's initial response to notification of the complaint (if any);

(iii) the relevant information and explanations which he/she has obtained in the course of the investigation;

(iv) a list of any documents relevant to the matter;

(v) a list of those persons whom he/she has interviewed and those organisations from whom he/she has sought information;

(vi) a note of any person or organisation who has failed to co-operate with the investigation and the manner in which they have failed to co-operate;

(vii) a statement of his/her conclusions;

(viii) a recommendation to the Standards Committee as to whether the Councillor has breached the Code of conduct in the matter set out in the complaint or in respect of any other matter which he/she has determined to investigate as if it were a part of the original complaint, together with a statement of the reasons for making that recommendation;

(ix) a recommendation as to whether the Standards Committee should take any action against the Councillor, together with a statement of the reasons for making that recommendation;

(x) a recommendation as to what action (if any) the Standards Committee should take against the Councillor, together with a statement of the reasons for making that recommendation, and

(xi) any other recommendations which he/she proposes to make to the Standards Committee arising out of the investigation, for example for providing recompense to any person who has suffered detriment as a result of the breach of the Code of Conduct or related matters, for reviewing or reconsidering any decision which was the subject of the breach of the Code of Conduct, for rectifying any deficiency in the authority's decision-making procedures or for preventing or deterring any breach of the Code of Conduct.

(b) The Monitoring Officer shall then arrange a time and date for the Standards Committee to meet and consider the matter, but shall not at this stage disclose his/her report or any matter contained therein to any member of the authority.

(c) At least 20 clear days before the date of the meeting of the Standards Committee, the Monitoring Officer shall send a copy of his/her report to the Councillor, notifying the Councillor of the date, time and place of the meeting of the Standards Committee at which the matter will be considered.

(d) Where the Monitoring officer's report recommends that no breach of the Code of Conduct has occurred, or that a breach of the Code has occurred but that no action should be taken, the Monitoring Officer shall, in sending the Councillor a copy of the report:

(i) request the Councillor to provide the Monitoring Officer with a written statement at least 10 clear days before the date of the meeting in which the Councillor sets out his/her response to the report, and which the Councillor wishes to be sent to the members of the Standards Committee at the same time as the report;

(ii) advise the Councillor of the procedure which will be adopted by the Standards Committee at that meeting.

(e) Where the Monitoring Officer's report recommends that the Councillor has breached the Code of Conduct and that the Standards Committee should take any action against the Councillor, the Monitoring Officer shall, in sending the Councillor a copy of the report:

(ii) request that Councillor to identify in that written statement any matter contained in the Monitoring Officer's report which the Councillor proposes to dispute at the meeting of the Standards Committee, in order to enable the Monitoring Officer to arrange the attendance at the meeting of the Standards Committee of any witnesses necessary to evidence that matter which the Councillor wishes to dispute;

(iii) advise the Councillor that, if he/she seeks at the meeting of the Standards Committee to dispute any matter contained in the Monitoring Officer's report without having previously identified it in his/her written statement as a matter which he/she proposes to dispute, the Standards Committee may either adjourn the meeting to enable the Monitoring Officer to arrange the attendance at the meeting of the Standards Committee of any witnesses necessary to evidence that matter or refuse to allow the Councillor to dispute that matter and take their decision on the basis of the matter as set out in the Monitoring Officer's report.

(f) As soon as practical after sending a copy of his/her report to the member, the Monitoring Officer shall take reasonable steps to send a copy of his/her report to any person who made the complaint which gave rise to the investigations, but may make the provision of that copy conditional upon an appropriate undertaking of confidentiality until such time as the Democratic Services Manager makes the report available to the press and public or the Standards Committee or Sub-Committee agree that the press and public shall not be excluded form the meeting.

4 Committee Agenda and Reports

(a) Committee agenda and reports

At least 5 clear days before the day of the meeting of the Standards Committee, the Democratic Services Manager will send to each member of the Standards Committee (or of any Sub-Committee which is to consider the complaint) and to the Councillor:

(i) the agenda for the meeting of the Committee or Sub-Committee;

(ii) a copy of the Monitoring Officer's report, and

(iii) a copy of any written statement in response to the report which has been received from the Councillor.

At the same time the Democratic Services officer will write to the Councillor and to the Monitoring Officer and advise them that, at the commencement of the meeting, the Committee or Sub-Committee will consider whether the press and public should be excluded from the meetings.

(b) Background papers

The Monitoring Officer will, upon request, give any member of the Committee or Sub-Committee (as appropriate) and the Councillor access to any supporting documents including any notes of interviews at any reasonable time between the issue of the agenda and the time of the meeting.

(i) Where the Democratic Services Manager considers that the Monitoring Officer's report and/or the Councillor's written statement in response is likely to disclose "exempt information", and in consequence that it is likely that the Committee or Sub-Committee will, during consideration of these papers, not be open to the public, he/she shall not provide copies of these papers to the press or public or permit inspection thereof by the press or public.

(ii) Where the Democratic Services Manager considers that that the Monitoring Officer's report and/or the Councillor's written statement in response is likely to disclose "exempt information" falling within Paragraphs 1 to 6, 9, 11, 12 or 14 of Schedule 12A to the Local Government Act 1972, he/she shall not provide copies of these papers to, nor permit inspection thereof by, any member of the authority other than the members of the Committee or Sub-Committee (as appropriate) and the Councillor.

5 Procedure at the Meeting

(a) Representation

The Councillor may arrange to be accompanied at the Meeting at their own expense by a solicitor or friend.

(b) Order of business

The order of business at the Meeting shall be as follows:

(i) introduction of the Committee or Sub-Committee, the legal adviser to the Committee or Sub-Committee, the Monitoring Officer and the Councillor and any representative of the Councillor;

(ii) declarations of interest;

(iii) representations from the Monitoring Officer and the Councillor as to reasons why the Committee or Sub-Committee should exclude the press and public and determination by the Committee or Sub-Committee as to whether to exclude the press and public;

(iv) presentation by the Monitoring Officer of his/her report. The Monitoring officer shall at this stage address only the issue of whether the Councillor has acted in breach of the Code of Conduct. The Monitoring Officer may introduce any witnesses required to substantiate any matter contained in that report which the Councillor has disputed in his/her written statement in response. Members of the Committee or Sub-Committee may question the Monitoring Officer and any witness on their evidence. There shall be no cross-examination by the Councillor, but the Councillor may request the Chairman of the Meeting to direct appropriate questions to the Monitoring Officer or to any witness whom he/she has introduced;

(v) presentation by the Councillor. The Councillor shall at this stage address only the issue of whether he/she has acted in breach of the Code of Conduct. The Councillor may introduce witnesses required to substantiate any matter contained in his/her written statement in response. Members of the Committee or Sub-Committee may question the Councillor and any witness on their evidence. There shall be no cross-examination by the Councillor, but the Monitoring Officer may request the Chairman of the Meeting to direct appropriate questions to the Councillor or to any witness whom he/she has introduced.

(vi) Where the Councillor seeks to dispute any matter in the Monitoring Officer's report which he/she had not given notice of intention to dispute in his/her written statement in response, the Monitoring Officer shall draw this to the attention of the Committee or Sub-Committee.

The Committee or Sub-Committee may then decide:

(A) not to admit such dispute but to proceed to a decision on the basis of the information contained in the Monitoring Officer's report;

(B) to admit the dispute, but invite the Monitoring Officer to respond thereto, recalling any witness as necessary; or

(C) to adjourn the Meeting to enable the Monitoring Officer to investigate and report on the dispute and/or to arrange for the attendance of appropriate witnesses as to the disputed information;

(vii) at the conclusion of the presentation by the Councillor, the Chairman shall ask the Monitoring Officer whether there was any matter raised during the course of that presentation which was not raised in the Councillor's written statement in response. The Monitoring Officer may then respond to any such new matter, or may request the Committee or Sub-Committee to adjourn to enable him/her to investigate and report on that new matter and /or to secure the attendance of witnesses as to the new matter;

(viii) the Committee or Sub-Committee is required to come to a decision as to whether the Councillor acted in breach of the Code of Conduct. Accordingly, they have to satisfy themselves that they have sufficient information upon which to take that decision, and they may question the Monitoring Officer, the Councillor and any witness in order to obtain sufficient information to enable the Committee or Sub-Committee to come to a decision on this issue;

(ix) at the conclusion of the presentations of the Monitoring Officer and of the Councillor and any questions from the members of the Committee or Sub-Committee, the members of the Committee or Sub-Committee will adjourn into another room where they will consider in private session whether the member has acted in breach of the Code of Conduct. At any stage in their consideration they may return to ask any further questions of the Monitoring Officer or the Councillor or to seek legal advice;

(x) the Committee or Sub-Committee may at any time seek legal advice from its legal adviser. Such advice will on all occasions be given in the presence of the Monitoring officer and the Councillor;

(xi) at the conclusion of their consideration, the Committee or Sub-Committee will return and the Chairman will advise the Monitoring Officer and the Councillor of their decision as to whether the Councillor has acted in breach of the Code of Conduct, and the reasons for that decision;

(xii) if the Committee or Sub-Committee conclude that the Councillor has acted in breach of the Code of Conduct, the Committee or Sub-Committee will then hear representations from the Monitoring Officer and then the Councillor as to whether the Committee or Sub-Committee should take any action against the Councillor and what form any action should take. Members of the Committee or Sub-Committee may ask questions of the Monitoring Officer and the Councillor and seek legal advice in order to satisfy themselves that they have the information upon which to take a proper decision;

(xiii) the Committee or Sub-Committee will then adjourn into another room where they will consider in private session whether to take any action against the Councillor and what form such action should take, and will then return and the Chairman will advise the Monitoring Officer and the Councillor of their decision as to whether to take any action against the Councillor and what action they have decided to take against the Councillor and the reasons for those decisions;

(xiv) Finally, the Committee or Sub-Committee shall consider whether there are any recommendations which the Committee or Sub-Committee should make arising from their consideration of the complaint, for example for providing recompense to any person who has suffered detriment as a result of the breach of the Code of Conduct or related matters, for reviewing or reconsidering any decision which was the subject of the breach of the Code of Conduct, for rectifying any deficiency in the authority's decision-making procedures or for preventing or deterring any breach of the Code of Conduct.

6 Reporting of the Decision of the Standards Committee

(b) As soon as practicable after the Committee or Sub-Committee has completed its consideration and decision in respect of the complaint, the Democratic Services Manager shall:

(i) send to the Councillor a written notice of the decision of the Committee or Sub-Committee which statement shall include a statement of any rights of appeal against that decision;

(ii) send a written report of the decision of the Committee or Sub- Committee to the next convenient meeting of the Council

(iii) where the complaint relates to a Councillor in his her capacity as a member of a Parish, Community or Town Council, send a written notice of the decision of the Committee or Sub-Committee to the Clerk to the Parish, Community or Town Council;

(iv) take reasonable steps to inform any person who any person who made the complaint which gave rise to the investigation.

(c) As soon as possible after the time limit for any appeal by the Councillor against the decision of the of the Committee or Sub-Committee has expired, and provided that no such appeal has been lodged by the Councillor, the Democratic Services Officer will send a report of the outcome of the investigation and the Committee or Sub-Committee's decision to the Standards Board in England or the Local Commissioner in Wales (as appropriate).

7 Assistance to the Monitoring Officer

(a) The Monitoring Officer may arrange for all or any of his/her functions under this procedure to be undertaken by any other person or persons, and shall do so where he/she has any personal interest in the matter under investigation;

(b) The Monitoring Officer may, in conducting the investigation, obtain expert or other advice from any person who, in his/her opinion is particularly qualified to assist;

(c) Where the Monitoring Officer arranges for the attendance of any person for interview or as a witness at the Meeting, he/she may pay to that person a sum to cover any reasonable costs which the person may incur in so attending.

8 Confidentiality

(a) No member or officer of the authority shall disclose any information which he/she has obtained in the course of an investigation or in pursuance of this Procedure except in the circumstances set out in Paragraph 8(b) below;

(b) The circumstances referred to above shall be as follows:

(i) the disclosure is made for the purposes of enabling the Monitoring Officer to conduct the investigation or otherwise to carry out his/her functions in relation to the matter;

(ii) the person to whom the information relates has consented to the disclosure;

(iii) the information has been disclosed to the public with lawful authority;

(iv) the disclosure is made to the Audit Commission for the purposes of any function of the Audit Commission under the Audit Commission Act 1998; or

(v) the disclosure is for the purpose of criminal proceedings and the information in question was not obtained as a result of personal enquiries of the person subject to the criminal proceedings.

Appendix One

Grounds for Confidentiality

"Exempt Information"

Paragraph numbers from Schedule 12A of the Local Government Act 1972

1. Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office holder applicant to become an office-holder under, the authority.

2. Information relating to a particular employee, former employee or applicant to become an employee of, or a particular office-holder, former office holder or applicant to become an office-holder appointed by –

(a) a magistrates' court committee, or

(b) a probation committee.

3. Information relating to any particular occupier or former occupier of, or applicant for, accommodation provided by or at the expense of the authority.

4. Information relating to any particular applicant for, or recipient or former recipient of, any service provided by the authority.

5. Information relating to any particular applicant for, or recipient or former recipient of, any financial assistance provided by the authority.

6. Information relating to the adoption, care, fostering or education of any particular child.

7. Information relating to the financial or business affairs of any particular person (other than the authority).

8. The amount of any expenditure proposed to be incurred by the authority under any particular contract for the acquisition of property or the supply of goods or services.

9. Any terms proposed or to be proposed by or to the authority in the course of negotiations for a contract for the acquisition or disposal of property or the supply of goods or services.

10. The identity of any person offering any particular tender for a contract for the supply of goods or services.

11. Information relating to any consultations or negotiations, or contemplated consultations or negotiations, in connection with any labour relations matters between the Authority and its employees.

12. Any instructions to counsel and any opinion of counsel and any advice received, information obtained or action to be taken in connection with –

a) any legal proceedings by or against the authority, or

b) the determination of any matter, affecting the authority,

13. Information which, if disclosed to the public, would reveal that the authority proposes

(a) to serve a statutory notice; or

(b) to make a statutory order or direction.

14. Any action taken or to be taken in connection with the prevention, investigation or prosecution of crime.

15. The identity of a protected informant.

Appendix Two

Exclusion of Press and Public

Issues for Consideration

1. At the meeting, the Committee or Sub-Committee will consider as a preliminary point whether to exclude the press and public from the meeting, or any part of the meeting.

2. The Committee or Sub-Committee must act in accordance with Article 6 of the Human Rights Act 1998, which gives a right to a fair and public hearing by an independent and impartial tribunal. Article 6 provides that judgment shall be pronounced publicly, but that the press and public may be excluded from all or part of the "trial" in the interests of:

a. morals

b. public order

c. national security in a democratic society

d. where the interests of juveniles or the protection of the private life of the parties so require, or

e. in special circumstances where publicity would prejudice the interests of justice.

Accordingly, the presumption is in favour of a public hearing unless either the Councillor or the Monitoring Officer can demonstrate over-riding reasons within one of these five headings for the press and public to be excluded.

3. Article 8 of the Human Rights Act 1998 provides that everyone has the right to respect for their private and family life, home and correspondence. It provides that there shall be no interference by a public authority (such as the Committee or Sub-Committee) with the exercise of this right except such as is:

a. in accordance with the law (such as the requirements for publication of the agenda, reports and background papers set out in Section 100A to 100K of the Local Government Act 1972), and

b. necessary in a democratic society in the interests of:

1. national security

2. public safety

3. the economic well-being of the country

4. the prevention of crime or disorder

5. the protection of health and morals (which would include the protection of standards of conduct in public life), or

6. the protection of the rights and freedoms of others.

There is a clear public interest in promoting the probity of public authorities and public confidence therein, so that the presumption of a public hearing set out in Article 6 would apply come within the exception set out in paragraph b.v. above unless either the Monitoring Officer or the Councillor demonstrates to the Committee or Sub-Committee's satisfaction that a public hearing is not necessary for that purpose and that the interest of protecting the privacy of the Councillor or of the authority should over-ride that public interest.

4. Where the Committee or Sub-Committee conclude that the interest of protecting the privacy of the Councillor or of the authority should over-ride the public interest in a public hearing, the Committee remains bound by the provisions of the Local Government Act 1972, as primary legislation, so that it may only exclude press and public from all or part of the meeting if it is satisfied that admitting the press and public would be likely to lead to disclosure of exempt information. In that case, the Committee has a discretion under Section 100A(4) of the Local Government Act 1972, and would need to resolve whether or not to exclude the press and public.

5. Where the Committee or Sub-Committee does not resolve to exclude the press and public from the meeting, the Democratic Services Officer will then be required to provide copies of the agenda and reports to the press and public and other members of the authority, and to permit inspection of the background papers.