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