PAPER C

 

                                                                                                                    Purpose : for Decision

 

Committee :     STANDARDS COMITTEE

 

Date :               8 FEBRUARY 2005

 

Title :                REVIEW OF TERMS OF REFERENCE

 

REPORT OF THE HEAD OF LEGAL AND DEMOCRATIC SERVICES

 


 

PURPOSE

 

1.                  To review the current terms of reference of the Committee.

 

BACKGROUND

 

2.                  The Terms of Reference of the Standards Committee are set by the Council and a copy of the latest version are attached at Appendix A.

 

3.                  It has been some time since the Committee itself has taken time to consider its own terms of reference – although several elements have been considered in isolation (for example the level of quorum when dealing with different matters). The Chairman has suggested that given that this year will see a new Council now might be the time to consider the Terms of Reference and make any recommendations to the current Council if change is needed.

 

4.                  It can be seen from the attached that the Committee’s work plan is directed very much by the Council and an issue that the Committee may consider wishing to add to its terms of reference is the ability to commission its own work into any ethical or probity issues that are drawn to its attention from whatever source.

 

5.                  Whilst it is envisaged that such an addition would be occasionally used it does illustrate a level of independence from the Council itself and thus strengthen the fact that all ethical and probity issues are considered by an independent minded body.

 

FINANCIAL IMPLICATIONS

 

6.                  None in the preparation of the report, although any additional work that the Committee may require as a consequence of a change of Terms of Reference will have a resource implication. However these implications will be a matter for me to discuss with the Chairman of the Committee and to agree priorities within the resources available. It is not envisaged that any additional resources will be required or indeed requested.

 

RECOMMENDATION

 

7.                  For the Committee to consider the Terms of Reference and make any recommendations that they seem fit.


 

BACKGROUND PAPERS

 

None.

 

Contact Point : John Lawson, F 823203

 

 

 

                                    JOHN LAWSON

                                    Monitoring Officer


APPENDIX A

Membership and Terms of Reference of the Standards Committee

 

1.           Membership

 

1.      The Standards Committee shall comprise the following:

 

7 independent members

 

2 Members of the Isle of Wight Council (with three deputies) none of whom are members of the Isle of Wight Council’s Executive and all of whom must have served at least one full term as a Councillor immediately preceding their appointment to the Standards Committee.

 

1 representative (with a deputy) of the Isle of Wight Association of Parish and Town Councils (who must also not be a member of the Isle of Wight Council) and who must be in attendance when the Committee is considering matters affecting Town and Parish Councils.

 

2.      The quorum of the Committee will be:

 

For normal meetings of the Committee :

 

At least three independent members; and

At least two Isle of Wight Council members: and (when considering matters affecting Town and Parish Councils) the representative of the Isle of Wight Association of Town and Parish Councils.

 

When Considering Requests for Dispensations :

 

At least two independent members; and

At least 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).

 

When Determining Complaints Against an Isle of Wight Council Member as Referred by an Ethical Standards Officer :

 

Any three Members of the Committee of whom at least one shall be an independent member.

 

When Determining Complaints Against a Parish or Town Councillor as Referred by an Ethical Standards Officer :

 

Any three Members of the Committee of whom one shall be an independent member and another the representative (or their deputy) of the Isle of Wight Association of Parish and Town Councils.

 

3.      The Committee shall appoint a Chairman on an annual basis from amongst its independent members.

 

2.           Terms of Reference

 

1.      To promote and maintain high standards of conduct by the members and co-opted members of the Isle of Wight Council and the Town and Parish Councils on the Isle of Wight.

 

2.      To assist members and co-opted members of the Councils on the Isle of Wight to observe the relevant Council's code of conduct.

 

3.      Specifically the Committee will:

 

·         Advise the various Councils on the adoption or revision of a code of conduct and monitor the operation of the code of conduct

 

·         Advise, train or arrange to train members and co-opted members of the Councils on matters relating to the code of conduct.

 

4.      To consider any other matters that are referred to the Committee by either:

 

·         The Standards Board (subject to Regulations under Section 66 of the Local Government Act 2000)

·         The Isle of Wight Council

·         Any of the Parish and Town Councils on the Isle of Wight

 

5.      Subject to any regulations issued by the Secretary of State in accordance with Section 81(5) of the Local Government Act 2000 to consider and determine any requests for dispensations to speak and/or vote on any matters in which the member has an interest.

 

6.      To develop appropriate measures and monitoring systems to ensure Councillors are fulfilling their contract with the electorate (as agreed by the Council at its meeting on 19 April 2000). 

 

7.      To ensure that the measures and monitoring systems as set out in 6 above are fully and properly exercised within any prescribed timetable.