Venue: Room CVSO 1a, Civic Suite, Pathfinder House, St Mary's Street, Huntingdon, PE29 3TN
Contact: Ms C Deller, Democratic Services Manager, Tel No 01480 388007/e-mail: Christine.Deller@huntsdc.gov.uk
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To approve as a correct record the Minutes of the meeting held on 2nd December 2010 Contact: C Deller 388007 Minutes: The Minutes of the meeting of the Committee held on 2nd December 2010 were approved as a correct record and signed by the Chairman. Actions: |
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MEMBERS' INTERESTS To receive from Members declarations as to personal and/or prejudicial interests and the nature of those interests in relation to any agenda item – please see Notes 1 and 2 below. Minutes: No declarations were received. |
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REPORTS OF SUB-COMMITTEES Referrals (Assessment) Sub-Committee
The Sub-Committee met on 21st December 2010 and 10th February 2011.
At the December meeting, the Sub-Committee assessed complaints involving two Members of Ramsey Town Council and one Member of Upwood and The Raveleys Parish Council. In terms of the Town Council Members, the Sub-Committee recommended that no further action be taken by the Monitoring Officer in one case but identified a clear breach of the Code of Conduct by the Councillor involved in the other. As the breach appeared to result from a misunderstanding of the Code of Conduct, the Sub-Committee recommended that the Councillor undertake training and that the opportunity also be extended to the remainder of the Town Council. This session will take place on Monday 7th March at Ramsey Town Council offices. As the conduct of the Councillor from Upwood and The Raveleys Council was not of the standard required of an elected representative he agreed to write a letter of apology to the complainant concerned.
At the meeting in February, the Sub-Committee assessed a complaint against a District Councillor and agreed that he should apologise in writing for his conduct to the complainant and that this action be reported formally to the Development Management Panel.
The Review and Consideration & Hearing Sub Committees have not met in the period since the last meeting. Contact: C Meadowcroft 388021 Minutes: The Committee noted a report received from the Chairman of the Referrals (Assessment) Sub-Committee. |
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Future of the Local Standards Framework - Update The Government set out its intention to abolish the Standards Board regime in the Coalition Agreement published in May 2010. Subsequently, the Localism Bill was introduced to Parliament on 13th December 2010. The second reading of the Bill took place in the House of Commons on 17th January 2011.
It is understood from “Standards for England” that they will cease to investigate complaints in late 2011 and will be formally abolished in early 2012.
Enclosed for the Committee’s information is –
· a statement from the Department of Communities and Local Government; and · a summary on the effect of the provisions in the Localism Bill relating to standards. Contact: C Meadowcroft 388021 Additional documents: Minutes: Further to Minute No. 28 of the meeting held on 2nd December 2010 and by reference to a statement from the Department of Communities and Local Government and a summary of the Localism Bill as it related to standards (copies of which are appended in the Minute Book) the Committee was updated by the Monitoring Officer on the latest position in terms of the Government’s intention to abolish the standards regime as first indicated in the Coalition Agreement published in May 2010. A copy of a bulletin issued by ‘Standards In Public Life’ entitled “Public Confidence in Local Government Standards is at Risk” by Sir Christopher Kelly also was circulated at the meeting.
Although “Standards for England” would cease to investigate complaints in late 2011 and be abolished formally in July 2012, the Department for Communities and Local Government had indicated that local authorities would be free to adopt their own code of conduct after this date if they so wished.
The Committee was of the view that the adoption of a model code had raised the standard of conduct of Councillors generally and that it would be a retrograde step not to have a code which Members at all levels of local authority could undertake to abide by.
Members were fearful of the uncertainty and confusion that could arise should various tiers of authority adopt different codes. Therefore and having been made aware of the views of both the “Committee of Standards in Public Life” and the Local Government Association in this respect, the Committee, whilst welcoming the intention to make “Standards” Regulation more proportionate, concluded that a national code required to be retained to ensure that the confidence in the integrity of the behaviour of locally elected politicians would be maintained. Therefore, the Committee
RESOLVED
that, in recognition of the need for a measure of leadership and uniformity in ethical standards adopted by local authorities, the Council be recommended to request the Local Government Association to assume responsibility for formulating a model code of conduct to assist local authorities in responding to the proposed duty contained in the Decentralisation and Localism Bill. |
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Membership of Committee To consider a report by the Head of Law, Property & Governance and Monitoring Officer. Contact: C Meadowcroft 388021 Minutes: By way of a report by the Head of Law, Property and Governance and Monitoring Officer (a copy of which is appended in the Minute Book), the Committee was reminded that the Council was required to appoint four independent Members and three town and parish council representatives to serve on the Committee in accordance with the Relevant Authorities (Standards Committee) Regulations 2001. Both independent Members and local council representatives were appointed to serve on the Committee for a four year period, the latest term of which was due to expire in May 2011.
Members were made aware that the Localism Bill appeared to suggest that local authorities could decide whether to establish Standards Committees to continue to consider complaints and misconduct and to monitor compliance with the locally approved Code of Conduct. With this in mind and until such time as the District Council takes a view on the future of the Committee and having received an indication from the current incumbents of their willingness to continue in posts for the time being, the Committee
RESOLVED
that the Council be recommended to extend the period of office of all externally appointed Members and local council representatives until May 2012 or until such time as the District Council decides upon the future of the Committee whichever is the sooner. |
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CODE OF RECOMMENDED PRACTICE ON LOCAL AUTHORITY PUBLICITY Further to Minute No 30 of the last meeting, the Committee may recall that the Department for Communities & Local Government had issued a draft consultation document seeking comments on a revised Code of Recommended Practice on Local Authority Publicity. This consultation closed on 10th November 2010.
The Publicity Code provides guidance on the content, style, distribution and cost of local authority publicity. Local authorities are required by legislation to consider the Code in coming to any decision on publicity, which is defined as any communication, in whatever form, addressed to the public or a section of the public.
The Communities and Local Government Select Committee undertook a short enquiry on the draft revised Code on 6thDecember 2010. Their report was published on 27th January 2011. A revised Code was laid before Parliament for approval on 11th February. It is intended that the revised Publicity Code will come into force as soon as possible following a debate in each of the Houses.
A copy of the revised Code is enclosed. Contact: C Meadowcroft 388007 Minutes: Further to Minute No. 30 of the meeting held on 2nd December 2010, the Monitoring Officer reported that, following consultation, a revised Code of Recommended Practice on Local Authority Publicity had been laid before Parliament for approval. Members were reminded that the Code provided guidance on the content, style, distribution and cost of local authority publicity and was of particular importance during periods of heightened sensitivity in the run up to elections and referendums. |
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Log of Code of Conduct Enquiries To note the log of code of conduct enquiries recorded by the Head of Law, Property and Governance and Monitoring Officer since the meeting held in December. Contact: C Meadowcroft 388007 Minutes: The Committee received and noted the Code of Conduct enquiries which had been recorded by the Head of Law, Property and Governance and the Monitoring Officer since the last meeting in December 2010 (an extract of the log is appended in the Minute Book). |
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DATE OF NEXT MEETING To note that the next meeting of the Committee will be held at 4pm on Thursday 7th July 2011. Minutes: It was noted that the next meeting of the Committee will be held at 4pm on Thursday 7th July 2011. |