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MAIDSTONE BOROUGH COUNCIL
STANDARDS COMMITTEE
Minutes of the meeting held on 8 June 2012
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Present: |
Councillors Mrs Gooch, Parvin, Mrs Robertson, Mrs Stockell and Vizzard |
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Independent Members: |
Mrs Phillips (Chairman), Ms Hunt, Mr Powis and Mr Wright
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Parish Council Representatives: |
Councillors Butcher and Mrs Riden |
1. Apologies for Absence
It was noted that apologies for absence had been received from Councillor Mrs Hinder.
2. Notification of Substitute Members
There were no Substitute Members.
3. Notification of Visiting Members
There were no Visiting Members.
4. Election of Chairman
RESOLVED: That Mrs Phillips be elected as Chairman of the Committee for the Municipal Year 2012/13 or until the Committee ceases to exist, whichever is the sooner.
5. Election of Vice-Chairman
RESOLVED: That Councillor Parvin be elected as Vice-Chairman of the Committee for the Municipal Year 2012/13 or until the Committee ceases to exist, whichever is the sooner.
6. Urgent Items
The Chairman stated that, in her opinion, the reports of the Head of Democratic Services and the Head of Change and Scrutiny requesting that the Standards Committee evaluate proposed changes to the Constitution should be dealt with as urgent items to enable the Committee’s views to be reported to the Council at its meeting on 20 June 2012.
7. Disclosures by Members and Officers
With regard to the report of the Head of Change and Scrutiny asking the Committee to evaluate proposed amendments to the Overview and Scrutiny Procedure Rules and the Councillor Call for Action Protocol arising from changes introduced by the Localism Act 2011, Councillor Mrs Gooch stated that she was the Chairman of the Corporate Services Overview and Scrutiny Committee.
8. Disclosures of Lobbying
There were no disclosures of lobbying.
9. Exempt Items
RESOLVED: That the items on the agenda be taken in public as proposed.
10. Minutes of the meeting held on 4 April 2012
RESOLVED: That the Minutes of the meeting held on 4 April 2012 be approved as a correct record and signed.
11. Matters arising from the Minutes of the meeting held on 4 April 2012
Minute 62(1) – Appointment of Independent Person
In response to a question by the Chairman, the Head of Legal Services and Monitoring Officer advised the Committee that as with the Code of Conduct, the Kent Secretaries Group was looking at a common job description for the Independent Person. In this connection, he had drafted a job description which would be considered at the next meeting of the Group scheduled to be held on 12 June 2012. He had been given delegated authority to agree the job description with the Chairman of the Standards Committee and the Political Group Spokespersons.
12. Appointment of Political Group Spokespersons
RESOLVED: That the following Members be appointed as the Political Group Spokespersons for the Municipal Year 2012/13 or until the Committee ceases to exist, whichever is the sooner:-
Councillor Parvin – Conservative Group
Councillor Vizzard – Liberal Democrat Group
Councillor Mrs Gooch – Independent Group
13. Leader's Report on Current Issues
The Committee was asked to evaluate proposed amendments to the Council Procedure Rule relating to the Leader’s Report on Current Issues to open up the item to allow a period of questioning by Members of the Council on matters raised by the Group Leaders in their speeches.
Although expressing some concerns about the details (for example, calling the Rule “Leader’s Report on Current Issues”), in principle, the Committee supported the proposed amendments to the Council Procedure Rule believing that their implementation would provide an opportunity for all Members of the Council to have greater involvement in Council meetings.
RESOLVED to RECOMMEND to the COUNCIL: That it be noted that, in accordance with Article 15.02 (a) of the Constitution, the Standards Committee has evaluated the proposed amendments to the Council Procedure Rule relating to the Leaders’ Report on Current Issues and, although having some concerns about the details (for example, calling the Rule “Leader’s Report on Current Issues”), in principle, believes that their implementation will help to ensure that the aims and principles of the Constitution are given full effect by providing an opportunity for all Members of the Council to have greater involvement in Council meetings.
14. Standards Regime
The Committee considered a report by the Head of Legal Services and Monitoring Officer updating the position regarding the implementation of the provisions of the Localism Act 2011 relating to the standards regime. Specific reference was made to the requirement for all local authorities to adopt a Code of Conduct (although there would no longer be a national mandatory Code).
It was noted that the LGA had now published a model Code of Conduct for Councils to consider adopting as had the Department for Communities and Local Government. The Kent Secretaries Group had considered both of these models and drafted a Code of Conduct based on the best elements of those Codes and of the current Code. The draft Code had been amended following the recent issue by the Government of draft regulations relating to disclosable pecuniary interests. The Kent Secretaries Group was now looking at other disclosable interests. It was hoped that all Councils in Kent would be recommended to adopt the same Code. In the meantime, the National Association of Local Councils had published a model Code for its members to consider. The Kent Association of Local Councils had been advised of the Kent initiative which meant that Parish Councils would have a choice as to whether to adopt the Kent Code, the NALC Code or a completely different Code.
The Committee considered the draft Code, and subject to a few queries as to the definition of other disclosable interests, duplication within Annexes 2 and 3 and the issue of membership of charities, in principle, supported the general direction of the document.
It was noted that the commencement date for the new standards regime was likely to be 1 July 2012, but given that work on the Kent Code was still very much in progress, there was little chance of being in a position to make a recommendation to the next meeting of the Council on 20 June 2012 regarding the adoption of a new Code.
During the ensuing discussion, it was pointed out that unless the Government responded to the consultation on the draft regulations with transitional arrangements, there would be a period of time without a Code of Conduct. The Committee felt that, in the circumstances, it would be sensible to continue with the existing Code of Conduct until a new Code is adopted, notwithstanding the advice of the Monitoring Officer that the existing Code of Conduct does not comply with the requirements of the Localism Act. It was suggested that delegated authority be given to the Head of Legal Services and Monitoring Officer in consultation with the Chairman and the Political Group Spokespersons to finalise the Code and make a recommendation to the Council if he is in a position to do so before the commencement of the new regime.
The Committee also considered that it would be helpful if a representative of the Kent Association of Local Councils could be involved in the Kent Secretaries Group’s discussions on the Code and that arrangements should be put in place to monitor and evaluate the introduction and implementation of the new standards regime. In this connection, it was suggested that the Council’s Corporate Services Overview and Scrutiny Committee be requested to consider including this exercise as a topic in its future work programme.
RESOLVED:
1. To RECOMMEND to the COUNCIL: That the Council continue with the existing Code of Conduct as an advisory Code until a new Code is adopted.
2. That subject to the points raised in the discussion, in principle, the Committee supports the general direction of the draft Kent Code of Conduct.
3. That delegated authority be given to the Head of Legal Services and Monitoring Officer in consultation with the Chairman and the Political Group Spokespersons to finalise the Code of Conduct and make a recommendation to the Council if he is in a position to do so before the commencement of the new standards regime.
4. That the Kent Secretaries Group be requested to invite a representative of the Kent Association of Local Councils to its meetings when the Code of Conduct is discussed.
5. That the Corporate Services Overview and Scrutiny Committee be requested to consider including the monitoring and evaluation of the introduction and implementation of the new standards regime as a topic in its future work programme.
6. That the Officers be requested to publicise the new Code of Conduct and complaints handling arrangements when in place.
7. That all Members and Co-opted Members of the Standards Committee, both past and present, be thanked for their work and contribution over the years.
15. Constitutional Changes - Overview and Scrutiny
The Committee was asked to evaluate proposed amendments to the Overview and Scrutiny Procedure Rules (Section 9 - Agenda Items and Section 20 – Procedure at Overview and Scrutiny Committee Meetings) and the Councillor Call for Action Protocol arising from the changes introduced by the Localism Act 2011. It was noted that the Council had no discretion in this matter.
The Committee accepted the proposed amendments without comment.
RESOLVED to RECOMMEND to the COUNCIL: That it be noted that, in accordance with Article 15.02 (a) of the Constitution, the Standards Committee has evaluated the proposed amendments to the Overview and Scrutiny Procedure Rules and the Councillor Call for Action Protocol arising from the changes introduced by the Localism Act 2011, and has no comments to make.
16. Code of Conduct Complaints - 1 September 2011 - 31 May 2012
The Committee considered the report of the Monitoring Officer setting out details of the Code of Conduct complaints received by the Council during the period 1 September 2011 to 31 May 2012. It was noted that during this period, ten complaints had been made, eight relating to Parish Councils and two relating to the Borough Council. In total, 19 Councillors were involved - 16 Parish Councillors and 3 Borough Councillors. Two of the complaints were referred for investigation, five were referred to the Monitoring Officer for further action and no further action was taken in three of the cases. There had been one review of a no further action decision and this had resulted in a reference to the Monitoring Officer to advise the Parish Council that its Clerk should receive training in minute taking. There had been one hearing into two complaints about five Parish Councillors; four were found not to have breached the Code, and one was found to have been in breach, for which he was censured.
The Monitoring Officer advised the Committee that there had been no discernible trend relating to the complaints of misconduct which had led to the need to train Councillors in any particular aspect of the Code. However, there had been certain areas in which administration of Parish Councils could be improved, and in those circumstances, the Clerks had been advised accordingly that action was recommended to be taken.
Mr Wright said that he wished to thank Councillor Mrs Robertson and Mr B Stead (former Parish representative) who had sat with him on the Sub-Committees which had dealt with the two complaints about five Members of Bearsted Parish Council.
During the ensuing discussion, it was suggested that the relatively low number of complaints could be attributed to the Standards Committee’s commitment to the provision of training on Code of Conduct issues, and that it was important for training to continue when the new regime came into force.
RESOLVED:
1. That the report be noted.
2. That the new Standards Committee should seek to ensure that training is arranged for its Members and that Members and Parish Members continue to receive sufficient training on Code of Conduct issues.
17. Applications for Dispensations
The Head of Legal Services and Monitoring Officer advised the Committee that a number of applications for dispensations had been received, but too late to report to this meeting. However, given that the commencement date for the new regime was likely to be 1 July 2012, he had suggested to the Parish Councillors concerned that if any relevant issues came before their Councils in the interim period, they should not take part. When the new regime came into force, Parish Councils would deal with their own dispensations.
18. Spatial Planning Strategy
The Committee was asked to evaluate the amendment of the Constitution as a consequence of a proposal to establish a Spatial Planning Strategy Advisory Group as a means to provide all party involvement in giving advice to the Cabinet and the Cabinet Member for Planning, Transport and Development on decisions required in relation to the spatial planning strategy and to create a clear division between the scrutiny and advisory elements of the process. It was noted that the proposal would be considered by the Cabinet at its meeting on 13 June 2012 and the Committee’s views would be reported to the Cabinet and included in any subsequent report from the Cabinet to the Council.
The Committee felt that given the importance of the work to be undertaken by the Group, consideration should be given to enabling Substitute Members to be appointed; allowing Visiting Members to attend and speak at its meetings; allowing any Member to request that items be included on agendas for its meetings; and providing for the public proceedings of its meetings to be webcast.
RESOLVED to RECOMMEND to the CABINET and the COUNCIL: That it be noted that, in accordance with Article 15.02 (a) of the Constitution, the Standards Committee has evaluated the amendment of the Constitution as a consequence of the proposal to establish a Spatial Planning Strategy Advisory Group and believes that given the importance of the work to be undertaken by the Group, the following issues need to be considered for possible inclusion by the Council:-
· Enabling Substitute Members to be appointed to the Group;
· Allowing Visiting Members to attend and speak at meetings of the Group;
· Allowing any Member to request that items be included on agendas for meetings of the Group; and
· Providing for the public proceedings of meetings of the Group to be webcast.
19. Chairman's Announcements
The Chairman announced that since this was likely to be the last meeting of the Standards Committee under the old regime, she would like to thank all Members and Co-opted Members past and present for their hard work and contribution to good governance, and to wish the new Committee well in the future.
20. Duration of Meeting
10.00 a.m. to 11.36 a.m.