STANDARDS COMMITTEE

 

 

MINUTES of a meeting held on 15th April, 2008.

 

Present: Mr. C. D. Samuel (Chairman); Mr. G. Ellis (Vice-Chairman); and Mr. D. Perkins, Community Councillor Mrs. A Pryer, Councillors Mrs. V.M. Hartrey and Mrs. M. Kelly Owen.

 

 

981     APOLOGIES FOR ABSENCE -

 

These were received from Councillor Mrs. M.E.J. Birch and Mr. P. Langmaid.

 

 

982     MINUTES -

 

RESOLVED - T H A T the minutes of the meeting held on 6th March, 2008 be approved as a correct record.

 

 

983     DECLARATIONS OF INTEREST -

 

No declarations were received.

 

 

984     THE LOCAL AUTHORITIES (MODEL CODE OF CONDUCT) (WALES) ORDER 2008 (MO) -

 

The Standards Committee were advised of the revised statutory Members’ Code of Conduct due to come into force on 18th April, 2008.

 

By virtue of s.51 of the Local Government Act 2000 the new Code, as the current Code, was mandatory and these mandatory provisions must be adopted within six months of 18th April by all County, County Borough, Town and Community Councils in Wales.

 

The new Code of Conduct was set out in Appendix A to the report.

 

Committee noted some key changes to the current Code, as follows:

 

Disclosure of Personal Interests

 

The intention of the new Code was to provide greater flexibility for members to participate in Council business.  The new Code adopted the approach used in England of a two stage test of a ‘personal and prejudicial interest’.  The requirement to disclose personal interests would apply to a slightly wider range of circumstance where members may influence decisions including telephone conversations, correspondence and whilst attending meetings of other organisations.

 

However, there was now only one test in respect of action being taken as a result of such personal interest.  If it was objectively viewed as being ‘prejudicial’ then the member affected must take no part in relation to any decision on that matter and must withdraw from any meetings they were present at where it was discussed.  There remained the option of seeking dispensation from the Standards Committee but the wider range of dispensations effectively provided for under the Code should make specific exceptions relatively rare.

 

The current ‘halfway house’ measure whereby members could speak in certain circumstances but not vote, had been removed.  The only exception to this was that there was a new provision whereby even if a member had a prejudicial interest he or she may speak at a meeting where the public had similar rights to speak.  This would not permit any involvement in the decision making process.

 

Exemptions / Dispensations

 

A wider range of exemptions / dispensations from the normal impact of a prejudicial interest was provided in order to maximise the opportunity for members to participate in Authority business, where this was appropriate.  Members who fell within these expanded exemptions / dispensations would be able to take a full part in the meeting including speaking and voting where this was available.

 

Some additional and amended exemptions where the member would be regarded as having a personal but not a prejudicial interest were:

 

·        Any business that related to another relevant authority of which the member was

         also a member.

·        Where that business related to another public authority or body exercising functions

         of a public nature in which the member held a position of general control or

         management.

·        A body to which the member had been elected, appointed or nominated by their

         Authority.

·        Where the member had a role as a school governor (where not appointed or  

         nominated by their Authority) unless it related to the school of which they were a

         governor.

·        The members’ role as a member of the Local Health Board, where they had not

         been appointed or nominated by their Authority.

 

In relation to the above group, there were still restrictions when issues such as approvals, consents, licences, permissions and registrations were under consideration.

 

The members’ role as a Community Councillor in relation to grants, loans or other financial assistance to community and voluntary organisations up to a maximum of £500.

 

Duty to Uphold the Law

 

A recent change in primary legislation following a decision by the Adjudication Panel for England reinforced the requirement not to bring the Authority or office of member into disrepute in the both the members’ personal and official capacities.

 

In addition, the current requirement not to commit a criminal offence whilst acting in their official capacity or otherwise was removed from the Code as it was caught under the requirement not to bring the office into disrepute.

 

The duty to report actual or likely criminal behaviour remained, but would not apply to behaviour which was punishable by a fixed penalty.

 

Respect for Others

 

The requirement not to use bullying behaviour or harass any person was now specifically included, in addition to the existing principles of behaviour.

 

It was noted that the Code contained a requirement to pre-register members’ interests.

 

The Standards Committee also noted that, in accordance with s.52(1) of the Local Government 2000, members would be required to sign up to the new Code before the end of a period of two months beginning with the date on which the Code was adopted.  The Standards Committee took the view that it would be appropriate for the new Code to be adopted from 5th May 2008, to coincide with the retirement of the current Council membership, and assumption of office of the newly elected members following the council elections on 1st May, 2008.

 

Should Council adopt the Code from 5th May 2008, the newly elected members would have until 4th July 2008 in which to sign up to the new Code before they were able to act in that office.

 

Finally, the Standards Committee noted the requirement in the new Code for the Authority to specify a value for gifts and hospitality, above which it was a requirement that the receipt of the gift or hospitality be registered, and recommended that the Council consider setting rates for gifts, and for hospitality.

 

RESOLVED -

 

(1)       T H A T the revised Model Code of Conduct for Members be noted.

 

(2)       T H A T Council be recommended to adopt the mandatory provisions of the Model Code as contained in the Local Authorities (Model Code of Conduct) (Wales) Order 2008 as the Council’s Members’ Code of Conduct with effect from 5th May 2008, copy attached.

 

(3)       T H A T Council be requested to set a value for the registration of any gift, hospitality, material benefit or advantage in accordance with paragraph 17 of the Model Code of Conduct.

 

Reasons for decisions

 

(1),(2)&(3)      To comply with the Local Authorities (Model Code of Conduct) (Wales) Order 2008.