PAPER B

 

 

                                                                                                                                                        Purpose : for Decision

 

Committee :     STANDARDS COMMITTEE

 

Date :               30 NOVEMBER 2004

 

Title :                ETHICS AND PROBITY IN TOWN AND PARISH COUNCILS - AGREEING OBJECTIVES AND METHODS

 

REPORT OF THE HEAD OF LEGAL AND DEMOCRATIC SERVICES

 



 

PURPOSE

 

1.                  To agree to undertake a review of ethics and probity in the Town and Parish Council context; to agree the objectives of that review and to agree methods to be used.

 

BACKGROUND

 

2.                  The Terms of Reference of the Standards Committee include the promotion of good standards of ethics and probity in Town and Parish Councils.

 

3.                  Nationally, the majority of complaints received by the Standards Board relate to Town and Parish Councils.  Locally, the only two complaints to have been upheld by Ethical Standards Officers and determined by the Adjudication Panel have related to Town and Parish Councils.

 

4.                  The 26 Town and Parish Councils on the Island serve a large majority of the population and spend a significant amount of public money, raised principally through direct taxation.

 

5.                  The Standards Committee has, through its work programme, a long-standing commitment to reviewing ethics and probity in the Town and Parish Council context.

 

PROPOSAL

 

6.                  It is proposed that a focused review is undertaken reflecting the limited resources that are available to the Isle of Wight Council, and this Committee, to undertake the activity and to reflect the largely voluntary nature of Town and Parish Councils.

 

TIMING

 

7.                  Timing the review is difficult.  The ethical audit of the Isle of Wight Council still requires work by this Committee over the coming months.  The Council will need to respond to that audit and to implement those recommendations which it accepts.  Further, members of this Committee, and those who support it, will be engaged in preparing for the local elections in May 2005 and, subsequently, in assisting new and returning members in taking on new roles.

 

8.                  It would be unfortunate if attention could not be focused on the Town and Parish Council context until the Autumn of 2005 and it is suggested that the work recommended in this report is initiated early in the New Year and is completed, as other commitments allow, during the rest of 2005.

 

COMMUNITY FORUMS

 

9.                  Both parished and non-parished areas have well developed community forums.  Issues of ethics and probity do arise in that context.  However, the statutory basis and governance arrangements for forums are so significantly different to those for Town and Parish Councils it is suggested that a separate treatment of those issues which do arise needs to be undertaken – probably in 2006.

 

OBJECTIVES

 

10.              There are essentially two options.  Firstly, the review could commence with a diagnostic exercise, in the form of a questionnaire, designed to identify which ethical and probity issues arise for Town and Parish Councils, and to assess their relative seriousness and priority.  A draft questionnaire is attached as Appendix 1.  A subsequent stage would be to suggest solutions to any significant problems identified.

 

11.              Alternatively, the Standards Committee could use its own knowledge and experience of Town and Parish Councils (and the experience of those who contribute to its debates and/or advise it) to agree some key issues and move straight to some focus groups to assess the seriousness and relative priority of those issues – and to suggest solutions to them.

 

12.              If members of the Select Committee wish to identify and agree issues for immediate enquiry, it is suggested that the following are candidates :

 

(a)               Personal conduct of Town and Parish Councillors – particularly at meetings and/or in the press.

 

(b)               Accountability of Town and Parish Councils to their communities for their actions.

 

(c)                Dealing with conflicts of interest – and achievement of selflessness (and the appearance of selflessness).

 

(d)               The ability of Town and Parish Councils to hold other public authorities to account.

 

Members of the Committee may wish to suggest additional or alternative areas for enquiry.

 

METHODS

 

13.              If a diagnostic exercise is considered necessary, it is suggested that a questionnaire (developed from the draft at Appendix 1) is circulated to some or all of:

 

·                     Chairs of Town and Parish Councils

 

·                     Some or all members of Town and Parish Councils

 

·                     Clerks to Town and Parish Councils

 

14.              It is suggested that members and clerks of three Parish or Town Councils are invited to a one-hour focus group to address the issues identified (either by the Standards Committee or by questionnaire).  In addition to members and clerks, it is possible that inviting the local Isle of Wight Council member(s) and one or more interested members of the local community may be of use.

 

15.              Unless the identification of issues suggests otherwise, it is likely that it will be helpful to undertake a focus group for each of :

 

·                     An Urban Town Council (given recent press reports of conflict, possibly either Ventnor or Cowes)

 

·                     A suburban or mixed medium sized Parish or Town Council

 

·                     A small rural Parish Council

 

FINANCIAL IMPLICATIONS

 

16.              Any review must, and will, be contained within the budget provided to the Monitoring Officer.

 

RECOMMENDATION

 

17.              Taking into account the need for a proportionate, focused review, it is suggested that the Select Committee determine to :

 

(i)                      Identify the issues to be explored as part of the review;

 

(ii)                     Arrange three focus groups with a small, a medium and a large Parish/Town Council during the first six months of 2005;

 

(iii)                   To receive an interim report at the conclusion of those focus groups, and

 

(iv)                   Determine whether to undertake further activity, or to make recommendations, in the light of that interim report.

 

BACKGROUND PAPERS

 

None.

 

Contact Point : John Lawson, F 823203


APPENDIX 1

 

DRAFT QUESTIONNAIRE

 

 

1.                  Have you ever observed personal conduct at a Town or Parish Council meeting (or by a Town/Parish Council in an official capacity) which you consider unacceptable?

 

            YES / NO

 

(if yes, please answer questions 1(a) and 1(b)).

 

(a)               What was the nature of the behaviour and where did it take place?

 

(b)               Was any action taken as a consequence and by whom?

 

 

2.                  Have you ever experienced any approach to dealing with conflicts of interest by Town/Parish Councillors which caused you concern?

 

            YES / NO

 

(if yes, please answer questions 2(a) and 2(b)).

 

(a)               What was the nature of the conflict?

 

(b)               Was any action taken as a consequence and by whom?

 

 

3.                  Do you believe Town and Parish Councils are accountable to their communities?

 

            YES / NO

 

(if no, please answer question 3(a)).

 

(a)               If no, what are the barriers to accountability, and how can they be removed?

 

 

4.                  Are Town/Parish Councils able to hold other public bodies to account?

 

            YES / NO

 

(if no, please answer question 4(a)).

 

(a)               What are the barriers to Town and Parish Councils holding other public bodies to account and how can they be removed?

 

 

5.                  Are you aware of the ethical framework within which Town and Parish Councillors operate?

 

            YES / NO

 

 

6.                  Are you aware of sources of advice and help for Town and Parish Councillors in relation to ethics and probity?  If so, have you, or would you access such advice?

 

 

7.                  If you could suggest an improvement to the ethics and probity of Town/Parish Councils what would it be?

 

 

8.                  Would you be willing to participate in a focus group or individual interview (lasting no more than one hour) to follow up your answers?

 

YES / NO

 

 

9.                  Are you –

 

                        A Town or Parish Councillor*

                        A Town or Parish Clerk*

                        An interested member of the community?*

 

(* please delete)