Agenda item

The Committee received a report from the Solicitor to the Council on the newly adopted Member Code of Conduct. This formed part of the Committee’s statutory duties, in order to adhere to regulations introduced by the Localism Act 2011.

The following key points within the report included:

• Blanket dispensations;
• Individual Dispensations;
• Sub-committee to the Audit Committee (Hearings Panel);
• The Hearings Panel functions;
• Progress of the Recruitment of Independent Person and Deputy Independent Person;
• Applications from Members seeking dispensation;
• Hearings Panel Procedure; and
• Independent Person Application Pack.

The Audit Committee was requested to consider individual Member dispensations. The applications submitted to Audit Committee for Members individual dispensations to speak and vote (however, the dispensation would not apply in any circumstances in which the common law rules of bias or where predetermination may apply) included:

• Councillor Judy Fox for contributions to debates on voluntary sector services; and
• Councillor Marion Todd to speak on maters concerning allotment land generally, unless it related to plot four Allotment, Burton Street, Peterborough.

Members also received an update from the Solicitor to the Council regarding the recruitment process for the Sub-Committee to the Audit Committee Independent Members.  The Solicitor to the Council advised Members that three candidates from the Cambridgeshire area had been identified.  Members were further advised that one candidate had held no previous involvement in the old standards regime, whereas the remaining two had held previous appointments to a Standards Committee. 

The Solicitor to the Council proposed to Audit Committee that they consider recommending to Council the:

• First candidate with no Standards Committee involvement for immediate appointment; and
• The remaining two candidates with Standards Committee experience as deputy appointments for a period of 12 months pending Council’s anticipated review of the Standards regime after the first year of operation.

Comments and responses to questions were as follows:

• Following clarification Members were advised by the Solicitor to the Council that the reference regarding ceremonial honour within the report was to cover issues such as the Freedom of the City or Honorary Alderman’s status;
• Following clarification sought regarding the blanket Members dispensation to discuss school meals, the Solicitor to the Council advised Members that it may be argued that a number of Members would require a dispensation in order to allow them discuss and vote on matters regarding school meals, which would be within the public interest for them to do so;   
• Following clarification sought over the ruling detailing that a Member would not be able to vote on matters regarding council tax setting if the Member was in arrears with council tax themselves, the Solicitor to the Council advised that the ruling would not be overturned by granting the blanket dispensation;
• In clarification sought by Members over declarable interests, the Chair of Audit Committee advised that Members would seek advice from the Solicitor to the Council if they were unsure over the relevancy of disclosures;
• Following a question regarding complaint referrals, the Solicitor to the Council advised that she would be responsible for initial complaints and that matters of a more serious nature would be referred to the Sub-Committee of the Audit Committee;
• Following clarification sought over the composition of the Sub Committee of the Audit Committee, the Solicitor to the Council advised Members that selection would be based on the availability of Members and the Independent Person.  Members were further advised that it was intended to ensure that a good political balance was adopted at hearings and that if any Member had a good reason to believe that an appointed panel Member may not be able to judge fairly, these views would be taken into consideration;
• Members raised a question regarding whether consideration should be given to approach a candidate of the right calibre for the Sub-Committee to the Audit Committee rather than advertise for one, the Solicitor to the Council advised Members that any recommendations would be welcomed, subject to the candidate meeting the relevant criteria including not being in allegiance to any political party;
• The Solicitor to the Council confirmed that three candidates had been shortlisted for the panel, one of whom had no previous involvement with the Standards regime, and the other two candidates had experience as Chairs of Standards Committees. Members were further advised that the independent persons would be appointed subject to the Audit Committee’s recommendation and followed by agreement at Council; 
• Members commented that they should not rush into making recommendations for the three appointments put forward, particularly in relation to the two candidates that had been involved in the previous standards regime. The Solicitor to the Council advised Members that it was sensible to appoint at least two Independent Panel Members to the Sub-Committee to the Audit Committee as the person accused of misconduct also had a right to consult the Independent person, and it would be preferable for it not to be the same person as the one consulted by the Monitoring Officer or Deputy Monitoring Officer, in order to maintain a fair process.  In addition, Members were advised that there would also be an opportunity for Independent Members to be available to political groups, to offer advice to group meetings to discuss behavioural issues; and
• Following clarification sought by Members over the timescale of dispensations granted to speak and vote at meetings, the Solicitor to the Council advised that requests for dispensations could be made for either one meeting or until an elected term of office ends up to a maximum four years.  If a Member was re-elected, following an election, the dispensation would require a new application.

      ACTION AGREED:

The Committee:

1. Recommended the first candidate for immediate appointment subject to approval by Council:
2. Recommended that the applications of the candidates who held previous involvement with the old Standards Committee regime were to be put on hold in order to explore further potential applications;

3.   Agreed that Members of the Audit Committee would be consulted over the appropriateness of Member nominations put forward for a Sub-Committee to the Audit Committee hearing panel;

4.   Granted a general dispensation to all Members who may have a disclosable pecuniary interest in any business of the authority where that business relates to the functions of the authority in respect of:

i                       Housing, where you are a tenant of your authority provided that those functions do not relate particularly to your tenancy or lease;

ii                     School meals or school transport and travelling expenses, where you are a parent or guardian of a child in full time education, or are a parent governor of a school, unless it relates particularly to the school which the child attends;

iii                    Statutory sick pay under Part XI of the Social Security Contributions and Benefits Act 1992, where you are in receipt of, or are entitled to the receipt of, such pay;

iv                   An allowance, payment or indemnity given to Members;

v                    Any ceremonial honour given to Members; and

vi                   Setting council tax or a precept under the Local Government Finance Act 1992

5.   Considered and granted applications made by Members with a disclosable pecuniary interest seeking individual dispensations to speak and vote;

6.   Approved the process by which a sub-committee to the Audit Committee is selected and review the Hearings Panel procedure; and

7.   Received an update on the progress made regarding the recruitment of the Council’s Independent Person and Deputy Independent Person.

The Committee Further Agreed:

1.   That a further recruitment exercise was to be conducted in order to invite applicants for the vacant Deputy Independent Member positions.

It was advised that the Solicitor to the Council would circulate details to Audit Committee Members of the first candidate recommended for appointment to the Sub-Committee to the Audit Committee, prior to seeking approval at Council.