The Chair welcomed Fiona Browne who had recently been appointed as a co-optee to the Committee. At the Chair’s invitation, Ms Browne introduced herself and spoke about her background and expertise and how these would benefit the work of the Committee.

The Chair also advised that following the recent review of proportionality, Councillor Ronald was no longer appointed to the Committee.

To note any declarations of interest made by Members, including those restricting Members from voting on the questions detailed in Section 106 of the Local Government Finance Act, 1992.  See attached note from the Monitoring Officer.

There were no declarations of interest.

To confirm as a correct record the minutes of the meeting of the Standards (Advisory) Committee held on 24 November 2016.

The minutes of the meeting held on 24 November 2016 were approved as a correct record subject to inclusion of data relating officers in attendance.

The following matters were discussed arising from the minutes:

·         Clarification on whether the timesheet submission amnesty should be expired before letters sent to councillors that had failed to submit returns.

·         A report on timesheet submission was expected. Members were advised that a report would be made at the next meeting.

·         Many members were unclear whether timesheet returns were mandatory.

·         There needed to be a clear directive in regard to this matter.

·         The Council had given no formal message indicating that keeping timesheets was no longer required therefore position of the Committee was that, in the absence of any such message, timesheet recording should continue and letters sent to Members.

Actions arising from the discussion:

·         That the issue would be pursued as a governance matter.

·         That the discussion would be taken back to Members Support who co-ordinate timesheet returns.

Consider and comment upon the information provided in the report.

Paul Greeno Senior Lawyer presented the report informing the Committee that activity under RIPA legislation concerned

·         covert surveillance activity and

·         to obtain communications records via the National Fraud Agency.

The Committee heard that:

·         RIPA regulations were modified two years ago and covert surveillance may only be undertaken when investigating serious offences having first obtained a magistrates order.

·         The Council had made no applications under this legislation in quarters 2 and 3 in 2016/17.

·         The officer responsible in relation to the Council’s activity under this legislation is the Corporate Anti-Fraud Manager.

·         The Council’s arrangements had been and procedures had been reviewed following consultation with the Information Commissioner.

The following information was also providing arising from Members’ questions:

·         RIPA documents are not in the public realm

·         No covert investigations were necessary when investigating counterfeit goods as officers used intelligence for their purposes.  When investigating retail premises, officers would first seek a warrant.

·         The gatekeeper for RIPA activity was the Head of Trading Standards.

·         Reports of applications made are provided by National Fraud Agency.  The gatekeeper acts as the single point of contact for the Council.

RESOLVED

That the report be noted.

There are no matters to report at this meeting.

Paul Greeno Senior Lawyer presented the report informing the Committee that there had been no complaints and investigations relating to alleged breaches of the member code of conduct or probity matters since the last meeting.

RESOLVED:

That the update be noted.

To consider any other unrestricted business that the Chair considers to be urgent.

The following matters were considered:

1.         Paul Greeno Senior Lawyer provided an update on recent changes relating to probity matters:

·         On 5 December 2016, Council approved the revised Code of Conduct dealing with conduct of all elected members and breaches.

·         The Planning Code of Conduct was being revised. A draft for consultation would be taken to Strategic Development Committee and Development Committee in March/April 2017

·         On 9^th January 2017 the Council implemented its new senior officer structure comprising corporate directors (5), and divisional directors (formerly service heads). The Corporate Director for Governance would also incorporate the statutory Monitoring Officer function. This role was currently being undertaken on an interim basis by Graham White and Mark Norman was deputy monitoring officer.

·         There had been a review of proportionality which revealed that the Council was under no overall political control.

·         On 27 February 2017 training of Overview and Scrutiny Co-optees had taken place. This included training on ethics and probity.

·         Probity training for elected members and members of Standards Advisory Committee was planned for 3^rd and 24^th May 2017. Details would be confirmed following consultation with the Chair.

·         The Constitution Working Party had met twice and review Parts 1,2 and 3 of the Council Constitution. The revisions would be presented to Full Council in March 2017.  Part 4 will be reviewed at the next meeting of the working party on 14 March 2017 at which time procedural rules would be reviewed.  It was intended that the whole Constitution should be reviewed by the time of the Council Annual General Meeting in May 2017.

·         A verbal update on the Whistleblowing Policy was given informing members that:

o   The policy was introduce in April 2016

o   29 concerns had been raised since inception and 3 were raised in March.

o   17 of the concerns raised were adjudicated to be whistleblowing concerns and these have been referred to the service area

o   Of the 12 remaining concerns, 1 has been completed, 6 are in progress and 3 have not had relevant information provided following requests. 2 concerns overlap with an investigation that has been concluded.

o   Councillor Francis enquired about a referral made under the previous policy and it was agreed that an answer would be given following the meeting.

2.         The Chair enquired and it was confirmed that

·         the start time of meetings in the new municipal year would be 7.00pm.

·         the committee would not meet during Ramadan.

3.         The Chair also advised that a position for the role of co-opted member remained vacant and asked members to consider whether an appointment to this post was required.

In view of the contents of the remaining items on the agenda the Committee is recommended to adopt the following motion:

“That, under the provisions of Section 100A of the Local Government Act 1972, as amended by the Local Government (Access to Information) Act 1985, the press and public be excluded from the remainder of the meeting for the consideration of the Section Two business on the grounds that it contains information defined as Exempt in Part 1 of Schedule 12A to the Local Government Act, 1972.”

NOTE: EXEMPT/CONFIDENTIAL SECTION (Pink Papers)

The exempt committee papers in the agenda will contain information, which is commercially, legally or personally sensitive and should not be divulged to third parties.  If you do not wish to retain these papers after the meeting, please hand them to the Committee Officer present.

Nil items

Nil items.