Agenda and minutes
Venue: MP701, 7th Floor, Town Hall, Mulberry Place, 5 Clove Crescent, London E14 2BG
Contact: Antonella Burgio, Democratic Services, Tel: 020 7364 4881 E-mail: antonella.burgio@towerhamlets.gov.uk
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NOTE An apology was noted on behalf of Robert Curtis, Electoral Services Manager, who was unable to attend the meeting.
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DECLARATIONS OF DISCLOSABLE PECUNIARY INTEREST PDF 68 KB 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. Minutes: There were no declarations of interest. |
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MINUTES OF THE PREVIOUS MEETING(S) PDF 110 KB To confirm as a correct record the minutes of the meeting of the Standards (Advisory) Committee held on 25 January 2018.
Minutes: The minutes of the meeting held on 25 January 2018 were approved as a correct record of proceedings.
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REPORTS FOR CONSIDERATION |
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Code of Conduct for Members - Complaint Monitoring PDF 74 KB Additional documents: Minutes: The Deputy Monitoring Officer presented the report which provided quarterly monitoring information on complaints and investigations concerning the Member Code of Conduct. Details were reported at Appendix 1 and the Committee noted the current status of all of the complaints reported.
In discussion the Committee noted that some complaints had extended beyond the recommended timeline. Members were informed that this situation could arise due to time taken for responses from parties involved and for reasons of thoroughness in discharging the procedure and/or an investigation. The Corporate Director for Governance agreed that the causes of delays could be investigated/reviewed following the local elections to assess if improvements could be made.
The Committee enquired whether the Member Induction Programme should incorporate the establishment of an expectation that members respond promptly to enquiries related to ethics. The Corporate Director agreed that this may also be included in the review.
RESOLVED
1. That the content of the report be noted. 2. That the actions arising from the above discussion be taken forward.
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Dispensations under section 33 of the Localism Act 2011 PDF 89 KB Minutes: The Corporate Director Governance introduced the report which informed the Committee of the framework for dispensations under the Localism Act 2011 and their application since January 2018.
During discussion, the Committee noted:
The Committee raised a number of queries around how DPI’s apply to self-employed councillors and felt that a guidance paper outlining how declarations should be made would provide clarity; Members asked that illustrative scenarios should be included. The Corporate Director Governance agreed that she would circulate more widely the guidance she had already provided.
RESOLVED
1. That the dispensations granted by the Monitoring Officer detailed in paragraph 3.4 of the report be noted.
2. That issues raised by the Committee be taken into account and a guidance paper including scenarios be developed and reported to a future meeting.
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Review of Local Government Ethical Standards PDF 83 KB Additional documents: Minutes: The Deputy Monitoring Officer presented the report which informed the Members that the Committee on Standards in Public Life (CSPL) was undertaking a consultation as part of its Review of Local Government Ethical Standards (CSPL Review).
Members were invited to consider the consultation questions at Appendix 1 and offer their views. These would be collated and a response made to CSPL on behalf of the Committee. The Independent Person offered her view that she welcomed the review since it offered an opportunity for the effects of the Localism Act 2011, to be quantified. The Committee was advised that the Deputy Monitoring Officer would collate Members’ responses and any individual responses that they may also wish to make. These would be circulated for comment prior to submission to CSPL.
The Committee considered the consultation under the headings listed below and their discussion is summarised:
The profile of Standards/Ethics Committees in Local Government – The Committee was of the view that the status of such committees had diminished and there was a lack of profile for the role and effectiveness of ethics/standards committees. The endorsement of some form of statutory role for Members would add weight to the Committee’s role.
In principle there was support for giving committees a higher profile. However in councils where there was much regeneration, there was also the need to take account of the risk around planning committees and the types of engagement that took place between developers and councillors.
Structures, processes and functions – The Committee asked that the response also cover concern about how to deal with incidents where Members may have breached the Code but which did not result in a complaint triggering the process for investigating the matter. Members felt that a breach of the code whether or not referred to a hearing should be noted/referenced.
Codes of conduct – The Committee noted that code of conduct had recently been reviewed and felt that on the whole it was now as strong as it could be in the context of the advisory status of the Committee. However, the endorsement of powers with statute would provide the strongest framework.
Noting the 6-month rule under LGA 1972, Members none the less felt that an element around member attendance should be included.
Allegations, investigations and decisions The Committee noted the Monitoring Officer’s (MO) advice that where a complaint against a councillor is withdrawn, the MO none the less has powers to pursue the matter, should the complaint be serious.
The Committee felt that: · Complaints must go through a constituted forum. · The decision making pool needs to be big enough to achieve a balanced decision. · That the investigatory and decision making roles of the MO should be separated.
Sanctions, their scope and application – The Committee felt that sanctions were weak and were not consistently applied. In the Committee’s view also the approach taken relies on a reward/punishment arrangement without taking account of whether unintended consequences might arise from the imposition of sanctions. In the Committee’s view ... view the full minutes text for item 3.3 |
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Use of Council Resources - Party Political Literature PDF 81 KB Minutes: The Deputy Monitoring Officer presented the report which informed the Committee of action taken by MO in relation to concerns raised about the use of Council resources for party political purposes (principally Council email and telephone numbers in party political leaflets).
The Committee noted the action taken by the MO in relation to individual Members and to political groups, and that a timeframe had been afforded to Members and the political groups in which they might rectify the misuse of resources.
The Committee was asked to express a view on a response should the activity recur.
In discussion the Committee:
RESOLVED
That the content of the report and its discussion be noted.
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Additional documents:
Minutes: The Head of Members’ Support presented the report which informed the Committee of induction arrangements for Members in the post-election period. The report also had recently been considered by General Purposes Committee.
The Committee noted the reasons for urgency submitted around the publication of the report in that it was necessary that the Committee, at this last meeting before the Local Elections, was able to review and comment on the induction programme and proposals for Members’ personal development plans.
The Committee was informed that the programme would introduce alternative forms of learning and its design has been influenced by the role description of the term “Councillor”. The programme sought to balance training needs and the programme of meetings. Mandatory training would be signposted and, notwithstanding length of service, Members expected to attend as required.
Responding to the report, Members:
Continuing Development’ framework for each Member.
Officers agreed to take forward matters raised by the Committee during the discussion.
RESOLVED
1. That the proposed indicative Member Induction Programme for 2018 as set out in Appendix A be noted. 2. That the Councillor role description at Appendix B, as agreed by the General Purposes Committee at their meeting on 8th February 2018 be noted. 3. That the actions requested by Standards Advisory Committee arising from the discussion of the report be noted and implemented as agreed.
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ANY OTHER BUSINESS WHICH THE CHAIR CONSIDERS URGENT To consider any other unrestricted business that the Chair considers to be urgent.
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Mayor and Local Government Elections 2018 Update PDF 93 KB Minutes: The Corporate Director Governance introduced the report which provided information on the preparations for the Local and Mayoral Elections 2018.
The Committee was informed that: · There had been an Candidates and Agents briefing in the week; this had been well attended. · The Electoral Commission had published the combined elections timetable on their website. · The sites of all Polling Stations had been secured and a RAG rating assigned to each station on the basis of a set of agreed criteria. Information concerning red-rated stations had been shared with the Police and additional resources requested. Additionally use of other forms of monitoring such as CCTV were being investigated. · There was a comprehensive programme for the recruitment and training of all Election Staff and Police that would be involved in Polling Day and the Count. · The Count venue would be the Excel Centre at the Royal Docks which offered good accommodation and security facilities. Additionally the previous use of this venue had generated positive feedback. · The Council would participate in the Cabinet Office Postal Vote Pilot. This would involve the inclusion of advisory literature with postal votes and follow up checks of postal vote returns.. · A programme of planning meetings was taking place to determine what measures would be required to ensure the delivery of a free and fair election.
Responding to the report:
The Corporate Director noted the comments offered and agreed that these would be conveyed at the next Election Planning meeting.
RESOLVED
That the content of the report and its discussion be noted.
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