Agenda and minutes

Apologies for absence were submitted on behalf of Councillors Alan Cain and Thomas McGowan and Parish Councillor Mrs Joan Geddes.

Members of the Committee are reminded of their responsibility to declare any personal interest in respect of matters contained in this agenda in accordance with the provisions of the Local Government Act 2000, the Council’s Constitution and the Members Code of Conduct.  If the personal interest is a prejudicial interest, then the individual Member should not participate in a discussion on the matter and must withdraw from the room and not seek to influence a decision on the matter.

There were no declarations of interest by Members relating to the items on the agenda.

To confirm as a correct record the minutes of the Standards Committee held on 23 October 2006 (enclosed)

RESOLVED - That the minutes of the meeting of the Standards Committee held on 23 October 2006 be confirmed as a correct record and signed by the Chair.

The Monitoring Officer will seek the views of the Committee on the recently published consultation paper on a draft Revised Model Code of Conduct for Local Authority Members, in particular the questions at Annex B (copy enclosed). 

The Monitoring Officer gave a brief presentation on the Revised Model Code of Conduct for Local Authority Members.  The document was received towards the end of January and responses would be sent to the Department for Communities and Local Government by 9 March. 

The Committee noted that the aim was to adopt the Code locally before the elections in May and considered the points highlighted by the commentary on the detailed amendments proposed.  All Members of the Council have received an electronic briefing note from the Monitoring Officer highlighting the issues and this has been forwarded to all Parish Council Clerks. 

The Committee gave the following answers to the questions set out in the Consultation document. 

Question 1

Does the proposed text on the disclosure of confidential information strike an appropriate balance between the need to treat certain information as confidential, but to allow some information to be made public in defined circumstances when to do so would be in the public interest?

The text is acceptable but Guidance is needed here in order to provide certainty as to whether a disclosure will be within the exception.

Question 2

Subject to powers being available to us to refer in the code to actions by Members in their private capacity beyond actions which are directly relevant to the office of the member, is the proposed text which limits the prescription of activities in a member’s private capacity to those activities which have already found to be unlawful by the courts, appropriate?

Yes, this is supported. 

Question 3

Is the Code of Recommended Practice on Local Authority Publicity serving a useful purpose?  If the Publicity Code is abolished, do consultees think some or all of it’s provisions should be promulgated in a different way, e.g. via guidance issued by local government representative bodies, or should authorities be left to make their own decisions in this area without any central guidance?  Should authorities not currently subject to the Publicity Code be required to follow it, or should the current position with regard to them be maintained?

The suggested requirement that Members should have regard to the Publicity Code is believed to be unnecessary.

However, if it is to remain and Members are to have regard to it then it needs to it needs to be rewritten in a way that is easily understood and does not have the effect of stifling legitimate publicity.

Question 4

Does the proposed text with regard to gifts and hospitability adequately combine the need for transparency as well as proportionality in making public information with regard to personal interests?

It is suggested that gifts worth over £50, rather than £25, should be declared.  Also, that gifts received within a 1-year period be declared at meetings rather than 5 years as suggested.  The record of the declaration should be kept indefinitely. 

Question 5

Does the proposed text relating to friends, family and those with a close personal association adequately cover the breadth of relationships which ought to be covered,  ...  view the full minutes text for item 4.

Verbal update from the Monitoring Officer.

None.

Verbal update from the Monitoring Officer.

None.

Verbal update from the Monitoring Officer.

The Monitoring Officer outlined an allegation that had been referred to the Committee for a Local Hearing. 

To appoint a Local Hearing Sub-Committee.

The Monitoring Officer explained that a meeting of the Standards Committee would be convened to appoint the Local Hearing Sub-Committee as a Parish Council representative needed to be present. 

The Democratic Services Officer would inform Committee Members of the meeting date.