It was noted that apologies for absence had been received from

Mrs Phillips (Independent Member) and Councillor Younger (Parish representative).

The Chairman introduced Mr Paul Cummins (Monitoring Officer, Tunbridge

Wells Borough Council).  He explained that Mr Cummins was standing in for the Council’s Head of Legal Services who was recovering from an injury sustained in the severe winter weather.

There were no Substitute Members.

There were no Visiting Members.

The Chairman advised the Committee that later during the meeting, there would be a further discussion as to whether a dispensation should be granted to Councillor Vanessa Jones of Bredhurst Parish Council to enable her to speak and vote on matters relating to the Bredhurst Woodland Action Group at meetings of the Parish Council notwithstanding that she might have a prejudicial interest by virtue of being a Trustee of the Action Group.  Councillor Mrs Hinder disclosed a prejudicial interest in this matter by virtue of being a member of the Action Group and a friend of Councillor Jones.  Councillor Stead disclosed a personal interest in the matter.  He stated that he knew Councillor Jones in her capacity as Chairman of a neighbouring Parish Council.  Councillor Marchant also disclosed a personal interest in the matter.  He stated that he knew Councillor Jones.

Councillor Mrs Stockell disclosed a personal interest in the report of the External Overview and Scrutiny Committee relating to the adoption of Crime and Disorder Reduction Partnership Scrutiny Protocols.  She stated that she was a Member of the Crime and Disorder Reduction Partnership and the Kent Police Authority.  Councillors Batt and Marchant stated that they were Members of the External Overview and Scrutiny Committee.

All Members and Co-opted Members disclosed a personal interest in the report of the Democratic Services Manager setting out a suggested amendment to the Members’ Allowances Scheme.

All Members and Co-opted Members except Mr Powis stated that they had been lobbied by Councillor Vanessa Jones regarding her application for a dispensation to speak and vote on matters relating to the Bredhurst Woodland Action Group at meetings of the Parish Council and the handling of the complaint about her conduct.

RESOLVED:  That the items on the agenda be taken in public as proposed.

RESOLVED:  That the Minutes of the meeting held on 25 November 2009 be approved as a correct record and signed.

Minute 52 – Review of Complaints – January – March 2009

A Member stated that one of the Parishes in his Ward had still not received an enforcement update notwithstanding the fact that there were unresolved enforcement issues.

RESOLVED:  That the Development Control Manager be requested to attend the next meeting of the Committee to explain the reasons for the delay.

Minute 58 – Parish Council Training on the Code of Conduct

The Chairman updated the Committee on the training which had been provided for Parish Councils on the Code of Conduct.  It was noted that the session for Clerks only had been cancelled due to the adverse winter weather, but it had been rearranged to take place on Monday 22 February 2010.  The general session had been well attended and there had been positive feedback from Parishes.  It had been suggested that Borough Councillors should also be invited to future sessions.  In response to questions, the Chairman explained that work was continuing on the suggestion that training for Parish Councils be arranged on a “cluster” basis and that arrangements would be made for a training session to take place early in the new Municipal Year for Members and Co-opted Members of the Standards Committee based on the new DVD produced by Standards for England on Local Assessment.

RESOLVED:  That the position be noted.

Minute 60 – Bredhurst Parish Council – Applications for Dispensations

The Chairman advised the Committee that, at the last meeting, during the discussion on the granting of dispensations to Bredhurst Parish Councillors in respect of matters relating to the Bredhurst Woodland Action Group, he had made a statement to the effect that he understood that Councillor Vanessa Jones was paid by the Bredhurst Woodland Action Group.  He now knew that this statement was incorrect and he had written to Councillor Jones and the Bredhurst Woodland Action Group apologising unreservedly for the misinformation and stating that he was content for his letter to be shown to anyone (for example, the Charity Commission) who wished to see it.

Minute 63 – Proforma Document for Dispensations

The Chairman advised the Committee that a form had been produced to assist Parish Councillors when making applications for dispensations.  The form would be circulated to all Members and Co-opted Members of the Committee for information.

The Committee considered a report by the External Overview and Scrutiny Committee asking that it evaluate, with a view to making a recommendation to the Council, proposed protocols for scrutiny of the  Safer Maidstone Partnership.  It was noted that the Police and Justice Act 2006 was introduced to increase community involvement in crime and disorder and community safety matters.  The Act allowed communities to refer unresolved crime and disorder matters to the responsible authorities via Ward Councillors and Scrutiny Committees.  It also increased the democratic accountability of Crime and Disorder Reduction Partnerships through increased scrutiny powers.  The Safer Maidstone Partnership was the Crime and Disorder Reduction Partnership for Maidstone.  Each Local Authority was now required to have a “Crime and Disorder Committee”.  In an Authority operating Executive arrangements, this had to be an Overview and Scrutiny Committee.  The Council, at its meeting held on 22 April 2009, agreed that the External Overview and Scrutiny Committee should take on the role of the Crime and Disorder Committee.  The Home Office Guidance for the Scrutiny of Crime and Disorder Matters was published in May 2009 outlining how Sections 19 and 20 of the Police and Justice Act 2006 (regarding scrutiny) should be implemented.  This guidance stated that:-

“We suggest that partners and the scrutiny function at the local authority (or local authorities) might want to consider developing a short, flexible and meaningful protocol which lays down the mutual expectations of scrutiny members and partners of the community safety scrutiny process”.

The draft protocols had been developed by the External Overview and Scrutiny Committee Chairman and the Co-Chairmen of the Safer Maidstone Partnership, using this guidance, and had now been approved by the External Overview and Scrutiny Committee and the Safer Maidstone Partnership.

RESOLVED to RECOMMEND to the COUNCIL:  That the protocols for scrutiny of the Safer Maidstone Partnership, attached as an Appendix to the report of the External Overview and Scrutiny Committee, be approved for inclusion in the Council’s Constitution.

The Standards Committee has, in accordance with Article 15.02 (a) of the Constitution, evaluated this proposed amendment and believes that its implementation will help to ensure that the aims and principles of the Constitution are given full effect as the protocols have been approved by all partners involved and will contribute to maintaining good relations between the Council and its partners as well as outlining the responsibilities and expectations of all partners to ensure the scrutiny process is positive and valuable.

The Democratic Services Manager advised the Committee that he wished to withdraw his report setting out a suggested amendment to the Members’ Allowances Scheme for further consideration and amendment.

RESOLVED:  That agreement be given to the withdrawal of the report of the Democratic Services Manager from the agenda.

Bredhurst Parish Council – Application for Dispensation

Having disclosed a prejudicial interest, Councillor Mrs Hinder left the

meeting whilst this item was discussed.

The Chairman reported that Councillor Jones had been told that the

Committee would be asked to reconsider its decision not to grant a

dispensation to her in the light of the misinformation given about her

being paid by the Bredhurst Woodland Action Group. 

The Monitoring Officer (Tunbridge Wells Borough Council) drew the Committee’s attention to guidance issued by Standards for England regarding Charitable Trustees and declarations of interest under the Code of Conduct.

The Committee was mindful that Councillor Jones was a Charity Trustee of the Action Group whereas the other Parish Councillors were subscription members.  As a Charity Trustee, Councillor Jones had responsibility for controlling the Charity and its property and funds.  The decision not to grant a dispensation had been for her protection given her twin roles and there might still be instances in which she could address the Parish Council on matters relating to the Action Group. 

RESOLVED:  That the decision not to grant a dispensation to Councillor Vanessa Jones to enable her to speak and vote at meetings of the Bredhurst Parish Council whenever she has a prejudicial interest in matters relating to the Bredhurst Woodland Action Group be confirmed.

There were no other announcements.

6.30 p.m. to 7.20 p.m.